26-18_Exterior Surfacing Products Services_Paving_RFP.pdf

7145 West Tidwell Road ~ Houston, Texas 77092

(713)-462-7708 www.esc4.net

NOTICE TO OFFEROR

Solicitation Number 26-18

Request for Proposal (“RFP”) by

Region 4 Education Service Center (“ESC”) for

Exterior Surfacing Products, Services and Paving Solutions SUBMITTAL DEADLINE: Tuesday, September 1, 2026, 2:00 PM CENTRAL TIME

Only online proposals will be accepted. Proposals must be submitted via Region 4 ESC’s online procurement system Ion Wave Technologies, Inc. at https://region4esc.ionwave.net. No hard copies, email, or fax responses will be accepted.

Questions regarding this RFP must be submitted electronically using https://region4esc.ionwave.net no later than July 30, 2026. All questions and answers will be available at https://region4esc.ionwave.net.

Offerors are responsible for viewing Ion Wave Technologies, Inc. to review all questions and answers prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.

VIRTUAL NON-MANDATORY PRE-PROPOSAL CONFERENCE

Offerors are strongly encouraged, but not required to participate in a pre-proposal conference with the Business Operations Specialist, which will be held on July 28, 2026 at 10:00 am CST via Zoom Meeting at https://esc4.zoom.us/j/87807813416?from=addon

The purpose of this conference is to clarify the contents of this RFP in order to prevent any misunderstanding of Region 4 ESC’s position. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to Region 4 ESC at this conference. Region 4 ESC will then determine the appropriate action necessary, if any, and may issue a written addendum to the RFP. Oral statements or instructions will not constitute an addendum to this RFP.

Publication Date: July 16, 2026 http://www.esc4.net/ https://region4esc.ionwave.net/ https://region4esc.ionwave.net/ https://region4esc.ionwave.net/ https://esc4.zoom.us/j/87807813416?from=addon

NOTICE TO OFFEROR PAGE 2 OF 14

I. SCOPE OF WORK

Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified Offerors with the intent to enter into a Contract for Exterior Surfacing Products, Services and Paving Solutions.

Region 4 ESC is seeking a provider that has the depth, breadth and quality of resources necessary to complete all phases of the Contract. Awarded Offeror(s) shall deliver products and services under the terms of this agreement. While this solicitation specifically covers Exterior Surfacing Products, Services and Paving Solutions each awarded Offeror may offer their complete product and service offering, or balance of line. Region 4 ESC reserves the right to accept or reject any or all balance of line items offered.

Region 4 ESC is an education service center established by the Texas Legislature in 1967 to assist school districts and charter schools in improving efficiency. Region 4 serves a seven-county area comprised of 47 public school districts and 43 open-enrollment charter schools, representing more than 1.2 million students, 110,000 educators and 1,500 campuses.

Through cooperative contracts Region 4 ESC extends the opportunity to operate more efficiently and economically to agencies nationwide as a lead agency with OMNIA Partners. The Contract is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other members. Although the awarded Offeror(s) may restrict sales to certain public units (for example, state agencies or local government units), any proposal that prohibits sales from being made to public school districts or other cooperative members (sometimes referred to as “Participating Public Agencies”) may not be considered. Sales without restrictions are preferred. These types of contracts are commonly referred to as being “piggybackable.”

Due to the potential scope of work needed by Participating Public Agencies, awarded Contractor(s) may use unit prices established for the contracts specified by the latest version of the RSMeans Construction Procurement Catalog (Unit Price Book “UPB”) when providing Exterior Surfacing Products, Services, and Paving Solutions products and services under a Master Agreement; in such cases, the UPB that may be utilized by an awarded Contractor(s) is incorporated by reference into this RFP. As part of the Products/Pricing section of this RFP, located under the Evaluation Process and Criteria, a national co-efficient for standard and non-standard hours is being requested as it relates to when/if a UPB is being utilized. If a UPB is not necessary for the type of work an Offeror may provide, supplying a co-efficient is not required.

NATIONAL CONTRACT

Region 4 ESC, as the Lead Public Agency f/k/a a Principal Procurement Agency, defined in Appendix B, has partnered with OMNIA Partners, Public Sector, Inc., a Delaware corporation (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on

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Appendix B, or as otherwise agreed to. Appendix B contains additional information about OMNIA Partners and the cooperative purchasing program.

OMNIA Partners is the largest and most experienced purchasing organization for public sector procurement. Through the economies of scale created by OMNIA Partners’ public sector subsidiaries and affiliates, our participants have access to competitively solicited and publicly awarded cooperative agreements. For all public sector contracts, the lead agency contracting process continues to be the foundation on which we were established. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education, non-profits, and agencies for the public benefit.

OMNIA Partners provides shared services and supply chain optimization to government, education, non-profits and agencies for the public benefit. With corporate, pricing and sales commitments from the Offeror, OMNIA Partners provides marketing and administrative support for the Offeror that directly promotes the Offeror’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Offeror benefits from a master contract awarded by a lead government agency that generally allows Participating Public Agencies to directly purchase goods and services without the Offeror’s need to respond to additional competitive solicitations. As such, the Offeror must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Offeror and respond to the OMNIA Partners documents (Appendix B).

While no minimum volume is guaranteed to the Contractor, the estimated annual volume of Exterior Surfacing Products, Services and Paving Solutions purchased under the Master Agreement through OMNIA Partners is approximately $50MM. This projection is based on the current annual volumes among Region 4 ESC, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the Contractor and OMNIA Partners.

Customer Support Contractor shall provide timely and accurate technical advice and sales support to Region 4 ESC staff and Participating Agencies. Contractor shall respond to such requests within one (1) working day after receipt of the request.

Not to Exceed Pricing Region 4 ESC requests pricing be submitted as not to exceed pricing. Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted.

Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable.

Special Offers/Promotions In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Agencies competitive pricing which is lower than the not-to-exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract.

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Federal Funding Pricing Due to products and services potentially being used in response to an emergency or disaster recovery situation in which federal funding may be applied, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and materials is necessary, a ceiling price that the contract exceeds at its own risk will be needed. Products and services provided in a situation where an agency is eligible for federal funding, Offeror is subject to and must comply with all federal requirements applicable to the funding including but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit.

II. PRODUCTS AND SERVICES

Although this section reflects the needs and requirements of Region 4 ESC, Participating Public Agencies may have different requirements. The awarded Contractor(s) will have the ability to offer their comprehensive Exterior Surfacing Products, Services and Paving Solutions. The Exterior Surfacing Products, Services and Paving Solutions program may include products and services associated with Exterior Surfacing Products, Services and Paving Solutions which Participating Public Agencies may elect to use. Participating Public Agencies may sign a supplemental or usage agreement with the awarded vendor substantially based on the terms and conditions of Region 4 ESC.

Participating Public Agencies may elect to negotiate certain terms to conform to their purchasing and contracting requirements.

Offerors may provide one or more of the products and/or services below. Items may include but are not limited to:

Paving Solutions

• Paving products and services such as concrete, asphalt, aggregate, stones, bricks, and pavers for various applications (parking lots, structures, ramps, streets, etc.).

• Products and services used to repair, stabilize, maintain, restore, or resurface exterior surfaces, such as but not limited to, crack sealing and geotextile paving fabric.

• Performance products and services to treat and/or improve the life and longevity of exterior surfaces, such as full depth reclamation (FDR), and/or additives.

• Coating, sealing, and waterproofing products and services for various applications (parking lots, decks, streets, etc.).

• Resin, Gravel

• Manhole, Water and Sewer Adjustments

• Preparation and removal of exterior surfaces

• Striping and marking

• Concrete Curb, Curb/Gutter and Sidewalks, Concrete Safety Curbs

• Products and services related to the removal of existing surfacing, site preparation, installation, treatment, surface milling and haul-off, grading, compacting, drainage, groundwork, sampling and testing, primer, tack coat, installation, performance testing, striping, site clean-up, etc.

Athletic Solutions

• Acrylic Sports Surfaces

• Turf Products

• Sports Surfaces/Paving: Tennis, Running Track, Overlay, etc.

• Sports paving

• Fences and Borders

Services

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• Consultation

• Site Preparation

• Installation

• Coating

• Paving

• Lining

Awarded Offeror(s) will be required to comply with all applicable local, state and federal regulations pertaining to Exterior Surfacing Products, Services and Paving Solutions.

Should an Awarded Offeror utilize distributors, dealers, or subcontractors, Participating Public Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if allowed by the Awarded Offeror and Participating Public Agency.

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III. CALENDAR OF EVENTS (ALL DATES ARE TENTATIVE AND SUBJECT TO CHANGE):

Event Date Issue RFP 07/16/2026 Virtual Pre-proposal Conference 07/28/2026 at 10:00 AM (local time) Deadline for receipt of questions via - IonWave 07/30/2026 Issue Addenda (if required) 08/04/2026 Proposal Due Date 09/01/2026 Approval from Region 4 ESC Board 12/15/2026 Contract Effective Date 01/01/2027

IV. INSTRUCTIONS TO OFFERORS

1. Key Definitions

Agreement, Contract: The legal agreement executed between Region 4 ESC and the awarded Offeror. A draft of the Contract is provided as Appendix A.

Contractor, Vendor: Any provider or seller of goods or services who, as a result of the competitive solicitation process, is awarded a Contract by Region 4 ESC.

Days: calendar days, unless otherwise specified Offeror, Proposer: A supplier submitting a proposal in response to a solicitation.

2. Restricted and Prohibited Communications with Region 4 ESC: During the period between the date Region 4 ESC issues this RFP and the selection of the Contractor by Region 4 ESC, if any, Offerors shall restrict all contact with Region 4 ESC and direct all questions regarding this RFP, including questions regarding terms and conditions, through Ionwave. Do not contact members of the Board of Directors, other employees of Region 4 ESC or any of Region 4 ESC’s agents or administrators. Contact with any of these prohibited individuals after issuance of this RFP and before selection is made, may result in disqualification of the Offeror.

The communications prohibition shall terminate when the Contract is recommended by the administration, considered by the Board of Directors at a noticed public meeting, and the Contract has been awarded. In the event the Board of Directors refers the recommendation back to staff for reconsideration, the communications prohibition shall continue. Additionally, during the time period between the award of the Contract by the Board of Directors and the execution of the Contract, Offerors shall not engage in any prohibited communications as described in this section.

Prohibited communications include direct contact, discussion, or promotion of any Offeror’s response with any member of Region 4 ESC’s Board of Directors or employees except for communications with Region 4 ESC’s designated representative as set forth in this RFP and only in the course of inquiries, briefings, interviews, or presentations. This prohibition is intended to create a level playing field for all potential Offerors, assure that decisions are made in public, and to protect the integrity of the RFP process. Except as provided in the above stated exceptions, the following communications regarding this RFP are prohibited:

• Communications between a potential Offeror, Offeror, their lobbyist or consultant and any member of Region 4 ESC’s Board of Directors;

• Communications between any Region 4 ESC Director and any member of a selection or evaluation committee; and

• Communications between any Region 4 ESC Director and administrator or employee.

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The communications prohibition shall not apply to the following:

• Communications with Region 4 ESC’s purchasing staff specifically named and authorized to conduct and receive such communications under this RFP or upon the request of Region 4 ESC, with Region 4 ESC’s legal counsel; and

• Presentations made to the Board of Directors during any duly noticed public meeting.

Nothing contained herein shall prohibit any person or entity from publicly addressing Region 4 ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicable Board policies, on a matter other than this RFP or in connection with a presentation requested by Region 4 ESC’s representatives.

3. Current products: Proposals shall be for new materials and equipment in current production and marketed to the general public, education and government agencies at the time the proposal is submitted.

4. Additional Agreements: If an Offeror requires additional agreements. i.e. master service agreement, end user licensing agreement, etc. a copy of the proposed agreement must be included with the proposal. Any additional agreements provided by the Offeror are complementary to the terms and conditions stated herein, are for the use of Participating Agencies, and shall not replace Appendix A.

If the Offeror wishes to request exceptions or deviations to any of the terms and conditions contained in this RFP or the attached contract template, the Offeror must identify the same with its proposal where indicated, or otherwise, such terms and conditions shall not be included in the final contract between Region 4 and Proposer.

5. Open Records Policy: Proposals submitted in response to this RFP become a matter of public record subject to release after Contracts are executed. If an Offeror believes its response, or parts of its response, may be exempt from disclosure, the Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the Offeror must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Any unmarked information will be considered public information and released, if requested under the Public Information Act. Price is not confidential and will not be withheld unless Region 4 determines that withholding same is necessary to protect Region 4’s competitive bidding processes.

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of the Attorney General (OAG). Region 4 ESC and/or Offeror/Contractor must provide the OAG with sufficient information to render an opinion and, therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror or Contractor. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. After completion of the award, these documents may be made available for public inspection.

6. Disclosures: By signing the Offer and Contract Signature Form, Offeror affirms:

a) Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this proposal and any subsequent Contract.

Offerors must include a complete description of any and all relationships that might be considered a conflict of interest in doing business with Region 4 ESC.

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b) To the best of Offeror’s knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other Offerors or potential Offerors in the award of a Contract resulting from this RFP.

c) Offeror is not currently delinquent in the payment of any franchise taxes.

d) The individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract.

7. Waiver: By submitting a proposal, Offeror expressly agrees to waive any claim it has or may have against Region 4 ESC, its directors, officers, its trustees, or agents arising out of or in connection with

(1) the receipt, handling, administration, evaluation, recommendation of any proposal; (2) any requirements under the solicitation, proposal package, or related documents; (3) the rejection of any proposal or any part of any proposal; and/or (4) the award of a Contract, if any.

Region 4 ESC shall not be responsible or liable for any costs incurred by Offerors or the successful Offeror in connection with responding to the RFP, preparing for oral presentations, preparing and submitting a proposal, entering or negotiating the terms of a Contract, or any other expenses incurred by an Offeror. The Offeror is wholly responsible for any such costs and expenses and shall not be reimbursed in any manner by Region 4 ESC.

8. Conditions of Submitting Proposal: Submission of a proposal confers no right on an Offeror to an award or Contract. Region 4 ESC, in its sole discretion and for any reason or no reason, reserves the right to reject any or all proposals, accept only a part of any proposal, accept the proposal deemed most advantageous to Region 4 ESC, and waive any technicalities. The issuance of this RFP does not obligate Region 4 ESC to make an award or negotiate or execute a Contract. Prior to submission due date and time, Region 4 ESC reserves the right to amend the terms and provisions of the RFP, extend the deadline for submission of proposals, or withdraw the RFP entirely for any reason solely at Region 4 ESC’s discretion. A proposal may be rejected if it fails to meet any requirement of this RFP.

9. Amendment of Proposal: A proposal may be amended prior to the time of opening by submitting a sealed letter to the location indicated on the front page of this solicitation.

10. Withdrawal of Proposals: Withdrawal (or retraction) of proposals prior to the opening date can be made within the electronic bidding system. Telephonic or oral withdrawals shall not be considered.

After the opening date consideration may be given in cases where Offeror advises that it made a clerical error that is substantially lower than it intended. In such case, Offeror must provide written notice of their desire to withdraw, along with supporting documents, within 3 business days of receiving the acceptance letter or of being requested by Region 4 ESC for clarification of the proposal, whichever is later. Any Contract entered into prior to Region 4 ESC receiving notice must be honored.

No Offeror should assume their withdrawal request has been accepted unless, and until, they receive written acknowledgment and acceptance of their proposal withdrawal.

11. Offer and Acceptance Period: In order to allow for an adequate evaluation, Region 4 ESC requires a proposal in response to this RFP to be valid and irrevocable for one-hundred twenty (120) days after the proposal due date and time.

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12. Non-Responsive Proposals: All proposals will be reviewed for responsiveness to the material requirements of the solicitation. A proposal that is not materially responsive shall not be eligible for further consideration for award of the Contract, and the Offeror shall receive notice of the non-award of its proposal.

13. Discussions: Region 4 ESC reserves the right to conduct discussion with Offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify a proposal and assure full understanding of, and responsiveness to, the RFP requirements.

14. Negotiations: In the event Region 4 ESC decides to conduct negotiations, exclusive or concurrent negotiations may be conducted with Offerors reasonably susceptible for award. During the course of negotiations, no Offeror’s proposal, including pricing, shall be revealed to any other Offeror or to any other person who is not involved with the evaluation process. Exclusive or concurrent negotiations shall not constitute a Contract award, nor shall it confer any property rights to the successful Offeror.

In the event Region 4 ESC deems negotiations are not progressing, Region 4 ESC may formally terminate these negotiations and may enter into subsequent exclusive or concurrent negotiations with the next most qualified Offeror(s).

15. Best and Final Offer: Region 4 ESC, in its sole discretion, may request Offerors reasonably susceptible for award to submit a Best and Final Offer. Offerors must submit their Best and Final Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer, that Offeror’s most recent prior submission will be considered its Best and Final Offer.

16. Specifications: When a solicitation contains a specification that states no substitutions, no deviation from this requirement will be permitted. Offeror must comply with the true intent of the specifications and drawings and not take advantage of any unintentional error or omission. In cases where no type and kind of product is specified, specifications have been developed to indicate minimal standards as to the usage, materials, and contents based on the needs of the members. References to manufacturer’s specifications (“Design Guides”), when used by Region 4 ESC, are to be considered informative to give the Offeror information as to the general style, type and kind requested.

Responses proposing goods, materials or equipment regularly produced by a reputable manufacturer shall be evaluated by Region 4 ESC which will, in its sole discretion, determine whether such proposed goods, materials or equipment are substantially equivalent to the Design Guides, considering quality, workmanship, economy of operation, and suitability for the purpose intended.

Offerors should include all documentation required to evaluate whether or not their proposed goods, materials or equipment are substantially equivalent to the Design Guides.

17. Quality of Materials or Services: Offeror shall state the brand name and number of the materials being provided. If none is indicated, it is understood that the Offeror is proposing the exact brand name and number specified or mentioned in the solicitation. However, unless specifically stated otherwise, comparable substitutions will be permitted in cases where the material is equal to that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended.

18. Samples: Upon request, samples shall be furnished, free of cost, within seven (7) days after receiving notice of such request. By submitting the proposal Offeror certifies that all materials conform to all applicable requirements of this solicitation and of those required by law. Offeror agrees to bear the costs for laboratory testing, if results show the sample does not comply with solicitation requirements.

Submissions may no longer be considered for failing to submit samples as requested.

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19. Formation of Contract: A response to this solicitation is an offer to contract with Region 4 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a Contract until it is awarded by Region 4 ESC. A Contract is formed when Region 4 ESC’s board signs the Offer and Contract Signature Form. The signed Offer and Contract Signature Form provided with the RFP response eliminates the need for a formal signing process.

20. Multiple Awards: Region 4 ESC reserves the right to award Contract(s) to multiple Offerors. The decision to award multiple Contracts, award only one Contract, or to make no awards rests solely with Region 4 ESC.

21. Non-Exclusive: Any Contract resulting from this solicitation shall be awarded with the understanding and agreement it is for the sole convenience and benefit of Region 4 ESC. Region 4 ESC reserves the right to obtain comparable or competing goods and services from other sources.

22. Protest Procedure: Any protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm Central Time.

No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. Protests shall be filed with Adam Tabor, Director of Procurement, Finance and Operations Services, and sent to the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092. Protests shall include the following:

a) Name, address and telephone number of protester;

b) Original signature of protester or its representative;

c) Identification of the solicitation by RFP number;

d) Detailed statement of legal and factual grounds including copies of relevant documents; and

e) the form of relief requested.

Any protest review and action shall be considered final with no further formalities being considered.

V. EVALUATION PROCESS AND CRITERIA

1. A committee will review and evaluate all responses and make a recommendation for award of

Contract(s). The recommendation for Contract awards will be based on the predetermined criteria factors outlined in this section, where each factor is assigned a point value based on its importance.

In evaluating the responses, the following predetermined criteria is considered:

a) the purchase price (40%);

b) the reputation of the vendor and of the vendor’s goods and services (5%);

c) the quality of the vendor’s goods and services (15%);

d) the extent to which the goods and services meet Region 4’s needs (30%);

e) the vendor’s past relationship with Region 4;

f) the impact on the ability of Region 4 to comply with laws and rules relating to historically underutilized businesses, if any;

g) the total long-term cost to Region 4 to acquire the vendor’s goods and services (10%);

h) for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor’s ultimate parent company or majority owner: (i) has its principal place of business in this state; or (ii) employs at least 500 persons in this state; and

i) any other relevant factor specifically listed in the request for bids or proposals.

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2. Offeror’s proposal should, at a minimum, include the following for Region 4 ESC’s evaluation:

a) Purchase price - This section focuses on the pricing and cost factors of the vendor’s proposal.

1) How does the vendor price their products or services?

• Is pricing based on a discount from a manufacturer’s price list, catalog, or a fixed price? The discount proposed shall remain the same throughout the term of the contract and at all renewal options. At a minimum, the Contractor must hold the proposed price list form for the first 12 months after the contract award.

• Include price and product, service, and/or solutions lists with the following information, if applicable: manufacturer or other part number, product/service description, manufacturers suggested or other list price, and net price.

• Provide a national co-efficient for standard and non-standard hours that may be used when the UPB is being utilized. For clarification, additional co-efficients are not being requested as an awarded Offeror may utilize the UPB’s city index.

• Include any value-added products, services, and/or solutions.

2) Does the vendor offer a percentage discount for different categories of products/services?

• If yes, please describe the discounts for each category.

3) Are shipping charges, freight charges, return fees, or restocking fees applicable?

• Please describe any shipping costs or fees related to returns and restocking.

4) How does the vendor ensure contract pricing?

• How can customers verify that they are getting the agreed-upon contract prices?

5) Are there additional discounts or rebates for larger orders or other factors?

• Please describe any potential savings based on volume, annual spending, or other incentives.

6) What is the invoicing process?

• Include payment terms, acceptable payment methods, and any fees associated with credit card or procurement card (P-card) payments.

7) How will price updates be handled?

• Describe the frequency and method for price adjustments during the contract term.

b) Reputation of the Vendor and of the Vendor’s Goods and Services- This section evaluates the vendor’s standing in the marketplace.

1) What is the vendor’s reputation in the industry?

• Provide a brief description of the vendor’s standing and reliability in the market.

2) Are the vendor’s products/services well regarded?

• Please describe how the vendor’s products and services are perceived by customers. You are welcome to include any customer reviews or feedback to illustrate your response.

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3) Provide at least 10 customer references.

• For each reference, include:

1. Entity name

2. Contact name and title

3. Contact phone number and email

4. City and state

5. Years of service provided

6. Description of services/products provided

7. Annual volume of business handled for the customer

c) Quality of the Vendor’s Goods and Services- This section addresses the overall quality of what the vendor offers.

1) How does the vendor ensure product/service quality?

• Describe the quality standards and warranty options for products/services.

2) How does the vendor respond to emergencies?

• Please outline the emergency response process for urgent orders.

3) What is the vendor’s history of meeting delivery timelines?

• Provide the vendor’s average on-time delivery and fill rates.

4) How does the vendor handle returns and restocking?

• Describe the return policy, restocking fees, and how these processes are managed.

5) Describe the customer service and problem resolution process.

• Include hours of operation and contact methods for support.

• Provide available ordering methods – online ordering, order tracking, search options, order history.

d) Extent to Which the Goods and Services Meet Region 4’s Needs- This section measures how well the vendor’s offerings align with Region 4's requirements.

1) Can the vendor provide all requested goods and services?

• Explain how the vendor’s products/services fulfill Region 4’s needs. Include whether specific categories or items are excluded.

2) Include a detailed response to Appendix B, Exhibit A, OMNIA Partners Response for National Cooperative Contract which can be provided by answering the attribute questions incorporated in Ion Wave.

• The successful Offeror will be required to sign Appendix B, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror’s response should include any proposed exceptions to OMNIA Partners Administration Agreement by providing a redlined copy of Appendix B, Exhibit B, OMNIA Partners Administration Agreement.

• Include completed Appendix B, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance.

3) How will the vendor ensure smooth contract implementation?

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• Describe the transition plan for customers adopting the vendor's goods/services.

4) What is the vendor’s capability to meet service and warranty needs?

• Detail how service requests and warranty claims will be handled.

5) How will the vendor distribute products/services to meet nationwide needs?

• Include plans for marketing, distribution, and tracking volumes.

6) Indicate if or how Offeror utilizes AI including but not limited to how an agency’s date or information may be utilized with AI tools. If AI is utilized, Offeror should provide the following:

data handling and retention policies, disclosure information of subcontractors and third-party processors with data access, and documentation of compliance with applicable data privacy laws.

e) Vendor’s Past Relationship with Region 4

1) Has the vendor had a previous business relationship with Region 4?

• Briefly describe any past contracts or interactions.

2) Does the vendor have any conflicts of interest with any employees of Region 4 ESC?

• Please explain any potential conflicts that may exist and submit the proper documentation required under Texas law if a conflict does exist.

f) Compliance with Historically Underutilized Business (HUB) Laws and Rules

1) Does the vendor comply with HUB laws and rules?

• Confirm compliance and include any relevant details.

g) Total Long-Term Cost to Region 4

1) What is the long-term cost impact of the vendor’s products/services?

• Describe how the pricing and services offered affect Region 4's long-term costs.

2) How are future product introductions priced?

• Explain how new products or services introduced during the contract will align with current pricing.

3) What standard price adjustments can be anticipated?

• Identify any standard increases related to cost-of-living adjustments or other factors that may impact pricing throughout the duration of the contract.

h) Principal Business Location/Employee Count

1) Where is the vendor’s principal place of business?

• Indicate if the vendor's headquarters is in Texas or if they employ 500 or more individuals in

Texas.

i) Any Other Relevant Factor

1) Provide any other relevant information.

NOTICE TO OFFEROR PAGE 14 OF 14

• Include details that have not been covered elsewhere but may be helpful to Region 4 including any value-added services or unique offerings that differentiate your proposal.

2) Are there any additional factors identified in the request for proposal that are relevant to the decision for award?

• Please address any factors you have identified in the RFP that may influence the award decision.

3. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range will not receive further award consideration. Region 4 ESC may determine establishing a competitive range is not necessary.

4. Past Performance: An Offeror’s past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative aspects of performance; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction including but not limited to experiences with Region 4 ESC and entities that evaluation committee members represent that may be taken into consideration when evaluating qualifications and experience; and generally, the Offeror’s businesslike concern for the interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RFP.

5. Additional Investigations: Region 4 ESC reserves the right to make such additional investigations as it deems necessary to establish the capability of any Offeror. Additional investigations include but is not limited to Region 4 ESC’s right to conduct interviews with some or all of the offerors at any point during the evaluation process. However, Region 4 ESC may determine that interviews are not necessary. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating the state criteria. Region 4 ESC shall not reimburse the Offeror for the costs associated with the interview process.

APPENDIX A

CONTRACT

This Contract (“Contract”) is made as of __________, 202X by and between (“Contractor”) and Region 4 Education Service Center (“Region 4 ESC”) for the purchase of Exterior Surfacing Products, Services and Paving Solutions (“the products and services”).

RECITALS

WHEREAS, Region 4 ESC issued Request for Proposals Number 26-18 for Exterior Surfacing Products, Services and Paving Solutions (“RFP”), to which Contractor provided a response (“Proposal”); and

WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal;

WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.

WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.

WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.

WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners.

1) Term of agreement. The initial term of the Contract is for a period of three (3) years unless terminated, canceled, or extended as otherwise provided herein. Region 4 ESC shall have the right in its sole discretion to renew the Contract for additional terms up to two (2) years after the end of the initial term or for a lesser period of time as determined by Region 4 ESC by providing written notice to the Contractor of Region 4 ESC’s intent to renew thirty (30) days prior to the expiration of the original term. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Contract. In the event the proposal term, including renewals, ends before another proposal is executed, proposal prices and discounts may be extended on a month-to-month basis by mutual consent. Extensions are limited to the lesser of a) six (6) additional monthly terms, or b) the time which is required to complete a new solicitation for the goods and services provided for in this solicitation. Notwithstanding the foregoing paragraph, the term of the Contract, including any extension of the original term, shall be further extended until the expiration of any Purchase Order issued within the Contract term for a period of up to one year beyond the Contract term.

The anticipated full term of the contract is five (5) years. The Contractor shall have the right to enter local “service” agreements with Participating Public Agencies accessing the contract through OMNIA

APPENDIX A: CONTRACT PAGE 2 OF 7

Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any job orders, project agreements or maintenance agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties.

2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.

3) Form of Contract. The form of Contract shall consist of this Contract, any Purchase Order (or other similar document agreed to in writing by Region 4), Region 4’s Standard Terms and Conditions for Procurement Solicitations, the RFP and any Addenda, Region 4’s Electronic Bid Certifications, the Offeror’s Best and Final Offer(s), as accepted by Region 4, and the Offeror’s Proposal, as accepted by Region 4, each instrument incorporated herein by reference.

4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:

i. This Contract,

ii. Any Purchase Order (or other such similar document agreed to in writing by Region 4),

iii. Region 4’s Standard Terms and Conditions for Procurement Solicitations,

iv. RFP and any Addenda,

v. Region 4’s Electronic Bid Certifications,

vi. Offeror’s Best and Final Offer, as accepted by Region 4, and

vii. Offeror’s proposal, as accepted by Region 4.

5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC.

6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter them are acceptable.

7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e., bankruptcy, change of ownership, merger, etc.).

8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract.

Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor.

9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.

10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing.

APPENDIX A: CONTRACT PAGE 3 OF 7

11) TERMINATION OF CONTRACT

a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:

i. Providing material that does not meet the specifications of the Contract;

ii. Providing work or material was not awarded under the Contract;

iii. Failing to adequately perform the services set forth in the scope of work and specifications;

iv. Failing to complete required work or furnish required materials within a reasonable amount of time;

v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or

vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.

Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC.

b) Termination for Cause. Conditions of cancellation are addressed in the General Terms and Conditions set forth by Region 4 ESC in the section titled “NON-PERFORMANCE

/TERMINATION OF CONTRACT”.

c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.

d) Force Majeure. Conditions of Force Majeure are addressed in the General Terms and Conditions set forth by Region 4 ESC in the section titled “FORCE MAJEURE”.

e) Standard Cancellation for Convenience. Region 4 ESC may cancel this Contract in whole or in part for convenience and without cause by providing written notice. Such cancellation will take effect 30 calendar days after Region 4 sends the notice of cancellation. After the 30th calendar day all work will cease following completion of final purchase order, provided that when Region 4 may in its sole discretion direct Contractor to cease performance of the contract at any time during the 30-day notice period, in which case Contractor shall discontinue any further charges to Region 4.

12) Licenses. Maintenance of licenses are addressed in the General Terms and Conditions set forth by

Region 4 ESC in the section titled “LICENSES AND PERMITS; PERFORMANCE”.

13) Survival Clause. Conditions of survival are addressed in the General Terms and Conditions set forth by Region 4 ESC in the section titled “SURVIVAL”.

APPENDIX A: CONTRACT PAGE 4 OF 7

14) Delivery.