ESBD_361417_1717350496966_RFP 24-100 Campus Textbooks.pdf

PURCHASING DEPARTMENT

REQUEST FOR PROPOSALS #24-100

College Electronic and Paper Textbook Provider Services

NIGP COMMODITY CODE 715-00; 715-88;785-70

Issued June 3, 2024 by:

Alan Phillips, Agent/Director, Purchasing

Purchasing Department 3110 Mustang Road, Building M

Alvin, TX 77511 Email: aphillips@alvincollege.edu

Submittal Deadline and Public Opening: July 16, 2024 at 2:00 p.m. CST mailto:aphillips@alvincollege.edu

RFP #24-100 Campus Electronic and Paper Textbook Provider Services July 16, 2024

TABLE OF CONTENTS

Part Page

1.0 Proposal Requirements

2.0 Instructions to Proposers

3.0 Scope and Specifications

4.0 Evaluation and Award of Proposals

5.0 Proposer Questionnaire

6.0 Financial Offer

7.0 General Terms and Conditions

8.0 Required Forms

8.1 Proposal/Contract Award Form and Execution of Offer

8.2 Vendor Information Request Form

8.3 Certification Statement

8.4 Proposer Certification Form

8.5 Conflict of Interest Questionnaire

8.6 Standard Insurance Requirements

PART 1.0 – PROPOSAL REQUIREMENTS

Please read carefully this entire proposal document and specifications. Complete all forms and submit your response with all appropriate attachments.

1.1. Notice of Intention

The Purchasing Department of Alvin Community College (“ACC” or “College”) is seeking proposals from firms with the intent to establish at least one contract for College Electronic and Paper Textbook Provider Services.

This solicitation is not an offer to contract but a request for proposals, which constitutes an offer by the proposer to contract. If a proposal is accepted, the resulting contract, if any, is subject to approval by the ACC Board of Regents (“Board”). Subsequent to Board approval, the only person authorized to commit ACC contractually is the President or his designee.

1.2. Contract Term

Any subsequent agreement as a result of this solicitation may be considered for a five (5)-year (60 month) agreement. Parties reserve the right to renew said agreement for a period of two-years with a minimum of sixty-days’ notice.

1.3. Request for Proposals (RFP) Documents

ACC solicitation documents are made available to the public online at the Texas Comptroller of Public Accounts Electronic State Business Daily (ESBD) website ESBD (txsmartbuy.com). It is the responsibility of the proposer to ensure the proposer has received all RFP documents and addenda.

1.4. Tentative Procurement Schedule

ACC anticipates following the schedule listed below for this project. ACC has the right to modify this schedule if the need arises.

DATE ACTIVITY

June 3, 2024 RFP issued to vendors.

June 24, 2024 Deadline for submission of questions and/or clarifications regarding RFP.

Questions must be in writing and received by 5:00 p.m. Central time in order to be considered.

July 3, 2024 Issuance of addenda, if necessary.

July 16, 2024 Proposals received by Purchasing Department on or before 2:00 p.m. Central time. Proposals will be opened immediately following. Only the names of the respondents will be read.

August 2024 Recommendation of award and approval to enter into contract. Board of Regents may consider at August 2024 session.

September 2024 Award may be announced.

1.5. Procurement Method

ACC is utilizing the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code 44.031.

1.6. Pre-Proposal Conference

A pre-proposal conference is currently not scheduled for this project.

http://www.txsmartbuy.com/esbd

1.7. Proposal Responses

1.7.1. Proposals in original form for services described herein must be received by 2:00 p.m. Central time on July 16, 2024 in the Purchasing Department, 3110 Mustang Road, Building M, Alvin, Texas 77511.

Proposals will remain sealed until they are publicly opened immediately following the time due. Note:

Only name of Respondent will be read aloud.

1.7.2. Proposals submitted electronically or by fax will not be accepted.

1.7.3. The envelope containing proposal response documents shall be sealed and addressed as follows:

• Name, Address and Telephone Number of Proposer

• RFP #24-100 College Electronic and Paper Textbook Provider Services

• Due 2:00 p.m. July 16, 2024

1.7.4. All proposals shall be submitted to the following address:

Alvin Community College Purchasing Department Attn: Alan A. Phillips 3110 Mustang Road, M Building Alvin, Texas 77511

1.7.5. The time/date stamp clock in the Purchasing Department shall be the official time of receipt of the submittal. No proposal received after the due date and time will be accepted or considered. Proposers are responsible for ensuring that submittals are delivered to Purchasing Department before the deadline. The College will not be responsible for accepting a submittal that is delivered at any campus location or any department other than the College's Purchasing Department listed above.

1.8. Proposal Submittal

Proposes must submit one (1) original and three (3) copies to the ACC Purchasing Department by the date and time deadline specified in this solicitation. The "original" set shall be identified as "ORIGINAL" on the face of the packet. Submit one (1) digital PDF copy of complete Proposal on a USB drive. The USB drive will become property of the College and will not be returned. The original paper document shall be the prevailing document in case of any discrepancies between the paper submission and the digital file.

1.8.1. Each proposer must complete and return the following documents, in this order:

• Part 5.0 – Proposer Questionnaire

• Part 6.0 – Financial Offer

• Part 8.0 – Required Forms o Form 8.1 - Proposal/Contract Award Form o Form 8.2 - Vendor Information Request Form o Form 8.3 - Proposer Certification Form o Form 8.4 - Conflict of Interest Questionnaire o Form 8.5 - Submit evidence of insurance requirements

1.9. ACC Rights and Requirements

1.9.1. ACC reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals.

1.9.2. This RFP solicitation does not in any way obligate the College to select a particular, or any, proposer for the provision of services or products outlined in this RFP.

1.9.3. The College reserves the right to select one or more proposers and/or award one or more contracts based on the best value, as determined by ACC, of the overall response(s) submitted to the College, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services and/or provide the products set forth in this RFP, and the reasonableness of the proposed fee. The decision to make multiple awards, award only one contract, or to make no award rests solely with ACC. The College further reserves the right to negotiate separately in any manner necessary to serve the best interests of ACC. ACC further reserves the right to accept, reject, or negotiate modifications in any terms of a proposer’s proposal, including a proposer’s form contract, or any parts thereof.

1.9.4. This request for proposals does not obligate ACC to award a contract or pay any costs incurred by the proposer in the preparation and/or submittal of a proposal.

1.9.5. By submitting a proposal or offer, proposer agrees to and does hereby waive any and all claims it has or may have against Alvin Community College, and its Regents, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or offer; (2) any requirements under the solicitation, request for proposal package, or related documents; (3) the rejection of any proposal or any part of any proposal or offer; (4) waiver by Alvin Community College of any technicalities in the proposal package or any proposal or offer; (5) waiver or change in any non-material provision of the solicitation package or materials that do not adversely and specifically affect the previously submitted proposals or offers; and/or (6) the award of a contract, if any.

1.9.6. Alvin Community College, in its sole discretion, reserves the right to accept any proposal and/or reject any and all proposals or a part of a proposal, without reason or cause, submitted in response to this solicitation.

1.9.7. Alvin Community College reserves the right to waive any informalities, irregularities, and/or technicalities in this solicitation, the proposal documents, and/or any proposals received or submitted.

1.9.8. ACC is an equal opportunity educational institution, which does not discriminate on the basis of race, color, religion, national origin, gender, age or disability.

1.9.9. ACC is legally prohibited from indemnifying any other party in any agreement awarded under this

RFP, as such is a considered to be a gift of public funds in violation of Article III, Section 52 of the Texas Constitution. The resulting contract, if any, shall contain no provision requiring ACC to indemnify the proposer or any third party.

1.9.10. As a public community college district and political subdivision of the State of Texas, ACC is subject to various federal, state, and local laws, rules and regulations. Any agreement awarded under this RFP will include a requirement for compliance with such laws rules, and regulations on the part of both parties as applicable.

1.10. Disadvantaged Business Enterprises

The College affords Disadvantaged Business Enterprises (DBE) equal opportunities to submit RFP responses and will not discriminate against any firm, company, or person on the grounds of race, color, sex, disability, religion, or national origin in consideration of an award.

1.11. No Third-Party Rights

The resulting contract, if any, shall be for the sole benefit of the ACC and the contractor and their respective successors and permitted assigns. Nothing in the resulting contract shall create or be deemed to create a relationship between the parties to the resulting contract and any third person, including a relationship in the nature of a third-party beneficiary or fiduciary.

1.12. Prohibited Communications

1.12.1. During the period between when the RFP is made available to all prospective vendors/ proposers and the selection of the proposer and subsequent contract, proposers nor their agents and/or representatives, shall directly discuss or promote their RFP response with any member of the College Board of Regents or college employees except in the course of college-sponsored inquiries, briefings, interviews, or presentation, unless requested by the College. This prohibition is intended to create a fair competitive environment for all potential proposers, assure that decisions are made in public, and to protect the integrity of the RFP process. Violation of this provision may result in rejection of the proposer's response. Except as provided in the above stated exceptions, the following communications regarding a particular invitation for bids, requests for proposal, requests for qualifications, or other solicitation are prohibited:

a. Communications between a potential vendor, service provider, proposer, offeror, lobbyist or consultant and any Regent;

b. Communications between a potential vendor, service provider, proposer, offeror, lobbyist or consultant and any ACC employee other than expressly and specifically permitted in this RFP;

c. Communications between any Regent and any member of a selection or evaluation committee regarding this proposal;

d. Communications between any Regent and administrator or employee regarding this proposal.

1.12.2. The communications prohibition shall be imposed on the date that this RFP is made available to all prospective vendors/proposers.

1.12.3. The communications prohibition shall terminate when:

a. The contract is awarded by the President or his designee; or

b. The award recommendations are considered by the Board at a noticed public meeting and the

Board has voted to award the contract.

1.12.4. In the event the Board refers the recommendation back to staff for reconsideration, the communications prohibition shall be re-imposed. The communications prohibition shall not apply to the following:

a. Duly noted pre-bid or pre-proposal conferences.

b. Communications with the ACC administrator specifically named and authorized to conduct and receive such communications under this RFP, the ACC Director of Purchasing Services, or ACC counsel.

c. Emergency contracts.

d. Presentations made to the Board during any duly noticed public meeting.

e. Nothing contained herein shall prohibit any person or entity from publicly addressing the Board during any duly noticed public meeting, in accordance with applicable Board policies, regarding action on the contract.

PART 2.0 – INSTRUCTIONS TO PROPOSERS

This portion of the RFP includes instructions on the format proposers must follow in preparing and submitting their proposals. It further identifies how questions can be raised and will be addressed.

2.1. Compliance with Specifications

Proposers are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms of the RFP and the terms of the Agreement. Any exceptions to the terms and conditions in the RFP or the Agreement must be clearly indicated in the submitted proposal. Each proposer, by making its proposal, represents that the proposer has read and understands the RFP and the Agreement.

2.2. Disqualification

A proposer 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.

2.3. Interpretation

This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions and understandings (whether orally or in writing). Submitted proposals should be self-explanatory and should not require any clarification or additional information.

2.4. Questions and Clarifications

Any explanation desired by a proposer regarding the meaning or interpretation of the RFP documents must be requested in writing. In the event that a proposer has a question regarding this solicitation or process, the proposer MUST submit the question in writing to Alan A. Phillips via email aphillips@alvincollege.edu. All questions are due no later than 5:00 p.m. on July 3, 2024. Telephone calls will not be accepted.

Any ACC response will be in the form of an addendum to the solicitation or an information letter.

Verbal requests for information will not be honored.

2.5. Amendments

If and when any part of this package must be revised, amended, corrected, extended, withdrawn, or changed in a manner that impacts the process or the outcome, the Purchasing Department will issue an amendment addressing the nature of the change. These changes will be numbered. It is the sole responsibility of the proposer to verify issuance of amendments and to ensure receipt thereof.

Proposer shall acknowledge receipt of any amendment in the proposer’s submission.

2.6. Open Records

ACC is a governmental body subject to the Texas Public Information Act. Proposals submitted to ACC as a result of this solicitation may be subject to release as public information after contracts are executed or the procurement is terminated. If a proposer believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the proposer must specify page-by-page and line-by-line the parts of the response which it believes are exempt. In addition, the proposer 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. ACC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by proposers.

2.7. Similar Products

Whenever an article or material is defined by ACC 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 article or material 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).

2.8. Eligibility for Award

2.8.1. Responsive Proposal

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

2.8.2. Responsible Vendor

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 items listed herein.

a. Responsible proposers must, at a minimum, meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract prior to the beginning of work/delivery of goods;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record, as determined by ACC, of past performance;

• Have necessary personnel, management, and technical capacity and capability to perform any resulting contract requirements;

• Be qualified as an established firm that is regularly engaged in the type of business necessary to fulfill the contract requirements;

• In accordance with all applicable industry standards, hold any necessary license, certification, or permit required for conducting the business of the vendor and as contemplated by this

RFP;

• Have experience in competently performing similar contracts to those contemplated by this

RFP;

• Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to Alvin Community College; signing and submitting the proposal is so certifying to such non-delinquency: and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2.8.3. Proposer(s) may be requested to submit additional written evidence verifying that the firm meets the minimum requirements as necessary to perform the requirements of the solicitation and be determined a responsible proposer. Failure to provide any requested additional information may result in the proposer being declared non-responsive and the proposal being rejected.

2.8.4. A firm is not eligible to be considered for award of this solicitation, or any resulting contract, or to be a subcontractor of the proposer or prime contractor if an employee of the firm assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that firm an unfair advantage over other proposers.

2.8.5. A person or proposer shall not be eligible to be considered for this solicitation if the person or proposer engaged in or attempted to engage in prohibited communications as described in Section 1.10 of this

2.9. Tax Exempt

ACC is a tax-exempt entity. Proposal prices should not include taxes.

Conflict of Interest (CIQ Form) ACC is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. Any company that does business with ACC must fill out a Conflict of Interest Questionnaire (CIQ) whether or not a conflict of interest exists. A conflict of interest exists in the following situations:

a. If the vendor has an employment or other business relationship with a local government officer of ACC or a family member of the officer, as described by Section 176.003(a)(2)(A) of the Texas Local Government Code resulting in the officer or family member receiving taxable income; or

b. If the vendor has given a local government officer of ACC or a family member of the officer one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or family member if the gift is (a) a political contribution as defined by Title 15 of the Election Code;

or (b) a gift of food accepted as a guest; or; or

c. If the vendor has a family relationship with a local government officer of ACC.

“Vendor” means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a vendor. The term includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract. The term does not include a state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7).

“Business relationship” means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject 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. Texas Local Government Code 176.001(3).

“Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).

“Local government officer” means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. Texas Local Government Code 176.001(4).

If no conflict of interest exists, you must type N/A on Box 1 of the CIQ form, sign and date it.

a. ACC Board of Regents include:

Sanchez, 'Bel’ - Chairman

Droege, Jody - Vice Chair Hertenberger, Patty - Secretary

Crumm, Jim

Knape, Breah Shelton, Darren Hoover, Michael

Reyes-Hall, Yvette Pyburn, Mike

b. ACC officers include:

Robert Exley, President Beth Nelson, CPA, Interim Vice President, Administrative Services Alan A. Phillips, Purchasing Agent/Director, Purchasing

2.10. Interested Parties

ACC is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits ACC from entering into a contract resulting from this RFP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to ACC at the time business entity submits the signed contract. If your firm’s RFP results in a contract that requires action by the ACC Board of Regents, you will be required to complete Form 1295 on the Texas Ethics Commission website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

2.11 COOPERATIVE PURCHASING AGREEMENT

As permitted under Interlocal Cooperation Act C Texas Government Code, Chapter 791, other governmental entities may wish to also participate under the same terms and conditions contained in this contract. If this bid does not specifically list additional entities, each entity wishing to participate must have prior authorization from Alvin Community College and the vendor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring supplies/services. Alvin Community College shall not be held responsible for any orders placed, deliveries made or payment for supplies/services ordered by the entities. Bidder is to state their willingness to allow other governmental entities to participate in this contract, if awarded.

Yes: ___________ No: ____________

*Response required https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

PART 3.0 – SCOPE AND SPECIFICATIONS

3.1. GENERAL

This Request for Proposal (RFP) is being issued by Alvin Community College, hereinafter referred to as ACC, to solicit proposals for, at a minimum, Inclusive and Equitable access textbook services and in-house paper textbooks (used and new) for students, faculty, and staff.

ACC is seeking proposals from established vendors that have a successful record of providing said services to comparable colleges and universities. The intent of this solicitation is to award a single contract.

Special Note: This request for proposal is only for the provision of textbooks, hard and digital copies. Proposals for complete bookstore services will be deemed non-responsive and will not be considered.

Currently Bookstore staff coordinates book adoption with faculty, delivers paper textbooks to students, and processes payments in-person and online. The College ERP is Ellucian’s Colleague, the College connects to the bookstore with Access One (1). The College learning management system is Blackboard.

ACC provides students with excellent educational pathways to a competitive workforce for the community and global economy. The college offers an excellent combination of transfer, associate, baccalaureate and applied science degrees, diplomas, and certificates, including programs that promote personal and professional development through non-credit courses and seminars and customized training for business and industry.

The Colleges’ intent is to engage a contractor/partner to provide the College the ability to, at the very least, continue with current practices with appropriate modifications. At best, engage in forward thinking, being mindful of the current environment and assisting in moving forward, with new and unique technologies for our faculty and students.

PROPOSAL CONSIDERATIONS

A. Open Educational Resources As of this writing, the State of Texas is evaluating Open Educational Resources “OER”.

Respondents should address this in their submission.

B. COURSEWARE

In many cases, courseware is a consideration of the faculty member. Respondents should address this in their submission.

C. TRANSITION PLAN

A key element for consideration is a transition plan. As of this writing faculty/bookstore submissions have been made to the incumbent for the Fall 2024 semester. Realizing that the Board of Regents may review any potential agreements at their August 15, 2024 session, proposers should outline steps to be considered across the campus, including, but not limited to meeting with Instructional Leadership Team members, faculty, business managers, etc. for a launch period of ______________________ (proposer should complete).

D. THROUGH THE RESPONSES, THE COLLEGE SHOULD UNDERSTAND HOW THE

CANDIDATE’S PROPOSAL:

1. Day-one access

2. Access codes. Currently, the College does have some courses that request access to both print and digital access codes such as a print access code

3. Student Utilization Analytics

4. Faculty Teaching Resources

5. inclusive access

6. Low Textbook Costs

7. Student and Faculty support

8. Integrates with the student information system, Ellucian Colleague, to determine

Course, Section, Faculty, Required Texts / Materials, and College/Student costs

9. Integrates with the learning management system, Blackboard Ultra, to populate or link appropriate electronic materials for Course Sections, Faculty, and Students

10. Impacts the student experience when purchasing electronic materials

11. Provides efficiencies for accounting and ledger entries for sales and returns

12. Customer Service Resources for Students, Faculty and Staff

STATISTICS FOR PROPOSAL CONSIDERATION

ACC Headcount

Unduplicated

Main Term 2021-2022 2022-2023 2023-2024

2021 Fall 5,567 2022 Spring 4,922 2022 Summer 2,407 2022 Fall 5,839 2023 Spring 5,237 2023 Summer 2,610 2023 Fall 5,869

2024 Spring 5,320

2024 Summer 947

Grand Total 7,370 7,760 7,036

Unduplicated is when each student is counted 1 time regardless of how many classes they are in

Duplicated

Main Term 2021-2022 2022-2023 2023-2024

2021 Fall 13,755 2022 Spring 11,932 2022 Summer 4,446 2022 Fall 14,075 2023 Spring 12,510 2023 Summer 5,001 2023 Fall 14,808

2024 Spring 13,249

2024 Summer 2104

Grand Total 30,133 31,586 30,161

Duplicated is when we count every enrollment, so a student in 5 classes is counted 5 times

Bookstore Sales

SUMMARIZATION OF TEXTBOOK SALES IN STORE AND ON WEB FOR 2022, 2023 &

THESE TOTALS DO NOT INCLUDE ACCESS ONE DIGITAL TEXTBOOKS (INCLUSIVE ACCESS PROGRAM) *

BECAUSE THEY ARE NOT SOLD IN STORE AND ARE CURRENTLY CHARGED WITH TUITION **

Figures in this summarization are from the Store and Web DCC Reports from the PRISMRBS System

SPRING 2022 JANUARY 1, 2022 TO MAY 31, 2022

NEW TEXTBOOKS USED TEXTBOOKS E-BOOKS TOTAL

STORE $74,984.32 $9,214.95 $5,259.39 $89,458.66

WEB $73,908.06 $13,247.05 $28,548.60 $115,703.71

TOTAL $148,892.38 $22,462.00 $33,807.99 $205,162.37

SUMMER 2022 JUNE 1, 2022 TO JULY 31, 2022

STORE $25,245.06 $1,743.55 $41.99 $27,030.60

WEB $6,882.73 $1,322.65 $4,401.34 $12,606.72

TOTAL $32,127.79 $3,066.20 $4,443.33 $39,637.32

FALL 2022 AUGUST 1, 2022 TO DECEMBER 31, 2022

STORE $100,544.50 $13,469.40 $5,805.70 $119,819.60

WEB $56,684.20 $7,473.75 $21,899.61 $86,057.56

TOTAL $157,228.70 $20,943.15 $27,705.31 $205,877.16

SPRING 2023 JANUARY 1, 2023 TO MAY 31, 2023

STORE $75,970.87 $9,351.65 $4,507.92 $89,830.44

WEB $50,310.59 $6,802.40 $20,302.50 $77,415.49

TOTAL $126,281.46 $16,154.05 $24,810.42 $167,245.93

SUMMER 2023 JUNE 1, 2023 TO JULY 31, 2023

STORE $10,633.14 $609.75 $370.49 $11,613.38

WEB $3,281.39 $965.85 $4,101.43 $8,348.67

TOTAL $13,914.53 $1,575.60 $4,471.92 $19,962.05

FALL 2023 AUGUST 1, 2023 TO DECEMBER 31, 2023

STORE $86,844.90 $9,160.40 $8,109.94 $104,115.24

WEB $41,068.63 $4,111.00 $25,159.11 $70,338.74

TOTAL $127,913.53 $13,271.40 $33,269.05 $174,453.98

SPRING 2024 JANUARY 1, 2024 TO PRESENT DAY

STORE 4:24

PM $60,065.91 $7,612.82 $13,451.98 $81,130.71

WEB $27,094.68 $4,121.28 $22,981.98 $54,197.94

TOTAL $87,160.59 $11,734.10 $36,433.96 $135,328.65

Figures shown in summarization are from the Store and Web DCC Reports

• The tables below represent sales and recovery by the incumbent provider for IA (Inclusive Access) Sales.

This table is for reference only.

IA Sales

Total Billed to

School

Cost with

Bookstore Mark

Up Tax

Total Charged to Student

Spring (1/18-5/31) 206,916.21 243,430.84 20,083.04 263,513.88

Summer (6/1-8/9) 67,962.49 79,955.87 6,596.36 86,552.23

Fall (8/22-1/3/23) 252,816.39 297,431.05 24,538.06 321,969.11

Spring (1/17-5/30) 255,014.98 300,017.62 24,751.45 324,769.08

Summer (5/31-8/8) 104,082.99 122,450.58 10,102.17 132,552.75

Fall (8/21-1/3/24) 361,406.56 425,184.19 35,077.70 460,261.88

Spring (1/16-4/12) 335,889.68 395,164.33 32,601.06 427,765.39

**Not including

5/20 bill date

PART 4.0 – EVALUATION AND AWARD OF PROPOSALS

In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the responsible proposer(s) whose proposal(s) is/are determined, after evaluation by the ACC Evaluation Committee, to be the best value to ACC. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document.

4.1. Evaluation Criteria

A committee selected by ACC will review and evaluate all proposals and make a recommendation to the ACC Board of Regents. ACC will base a recommendation for contract award on the following factors, in accordance with Texas Education Code §44.031:

Evaluation Factor Value

Experience and expertise of the vendor in electronic and paper text book services to Colleges and Universities (Extent to which the services meet ACC's needs)

Suitability and comprehensiveness of the proposed solution. 15

Cost-effectiveness and value for money. 15

Ability to meet the specified objectives within the given timeframe. 15

References and past performance on similar projects. 10

Financial Proposal (Total long-term cost to ACC to acquire Vendor’s services)

Total 100

4.2. Financial Information

Proposer agrees to provide ACC with the following financial information if requested by ACC at any point during the procurement process, including before or after contract award: If public, the proposer’s income statement, balance sheet, and cash flow for the past three (3) years; if private, the proposer’s audited financial statements for the past two years (if available). A proposer’s failure to provide this financial information may impact ACC’s recommendation to the ACC Board of Regents for the award of the contract.

4.3. Oral Presentations

During the process of selecting a company to provide the required services, oral presentations may be held. Each proposer should be prepared to make a presentation to ACC. The presentations must show that the proposer clearly understands the requirements of the solicitation and has a strategic plan and approach to complete the work.

4.4. Awards

4.4.1. Awards will be based on the Evaluation Criteria set forth within this document. ACC reserves the right to award contracts to multiple vendors if multiple offers provide value to ACC. The College will negotiate the offer(s) it determines most advantageous, if any, considering the overall evaluation factors in the RFP. The award(s), if any, will be made to the responsive, responsible proposer(s) whose proposal conforms to this solicitation and offers the best value to ACC, price and other factors considered. ACC may award a contract, based on initial proposals received, without discussion of such proposals.

4.4.2. No oral statements or verbal acknowledgement of the award to a particular proposer shall create a contractual obligation on the part of the College. Any contract between the College and a successful proposer must be in writing and signed by an authorized representative for both the College and the selected proposer.

4.5. Competitive Range

It may be necessary for ACC to establish a competitive range of acceptable proposals as part of the evaluation process. Proposals not in the competitive range are unacceptable and do not receive further award consideration.

4.6. Estimated Quantities

All goods and/or services under this RFP will be provided on an “as needed” basis. ACC makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. ACC makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this

4.7. Inspection & Acceptance

Awarded vendor(s) shall deliver the goods or services procured on this contract to the ACC division issuing a Purchase Order. If delivery is not or cannot be made within proper time period, the awarded vendor must receive authorization from the issuing ACC department for the delayed delivery. If defective or incorrect goods are delivered, ACC may make the determination, in its sole discretion, to return the goods to the vendor at no cost to ACC. The vendor agrees to pay all shipping and handling costs for any such return shipment. The vendor also shall be responsible for arranging the return of the defective or incorrect goods.

4.8. Formation of Contract (Execution of Offer)

A response to this solicitation is an offer to contract with ACC based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/proposal does not become a contract unless and until it is accepted by ACC after approval by the ACC Board of Regents. A contract is formed when ACC’s President signs the Execution of Offer form. The proposer must submit a signed Execution of Offer Form in the proposal response.

4.9. Non-Exclusive Contract

Any contract resulting from this solicitation is non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of ACC. ACC is free to have multiple contracts for the awarded goods and services and may initiate other procurement solicitations or purchasing activity with other vendors at any time, in ACC’s sole discretion.

PART 5.0 – PROPOSER QUESTIONNAIRE

Briefly, but thoroughly, provide your firm’s responses to each question. Your submission must include the question, followed by your response.

5.1. Proposed Solution

1. Provide a description of the proposed program. Include details of how your product meets or exceeds the scope of services in Part 3.0 Scope and Services.

2. Provide details pertaining to your firm’s approach, implementation, product identification and capabilities as are relevant to this proposal.

5.2. Qualifications and Experience

1. Provide information regarding how long the proposer has provided the service requested in this

RFP.

2. Describe previous record of performance with ACC, if any.

3. Did your company perform satisfactorily in accordance with the terms and conditions of the last award given to your company by the College?

4. Describe previous experience with other public educational entities for which your company provided similar services/products.

5. The proposer must provide references on recent projects for which the proposer provided services similar to those outlined in this RFP. References must include a list of at least five (5) clients for which the proposer's company is currently providing these services or has provided the same type and level of service within the past three (3) years. The name, address, telephone number, and valid email address of a reference person who may be contacted for further information must be shown. It is highly preferable that these references are other colleges or public sector accounts comparable in size or larger.

a. Name __________________________________________

Organization __________________________________________

Title __________________________________________

Address __________________________________________

Phone __________________________________________

E-mail __________________________________________

b. Name __________________________________________

Title __________________________________________

Address __________________________________________

c. Name __________________________________________

Title __________________________________________

Address __________________________________________

d. Name __________________________________________

Title __________________________________________

Address __________________________________________

e. Name __________________________________________

Title __________________________________________

Address __________________________________________

5.3. Valued Added Services

1. List any valued added services your company provides. If these services are not included in the price proposal, clearly indicate the respective fees for these additional services.

2. Do you offer any quantity discounts and discounts for prompt payment?

PART 6.0 – FINANCIAL OFFER

The proposer shall furnish all resources and services necessary and required to provide the services outlined in this RFP in accordance with the scope of services and the general terms and conditions for the price(s) listed below.

PART 7.0 – GENERAL TERMS AND CONDITIONS

The words “bids,” “requests for proposals,” “quotes,” “RFPs,” “solicitation,” “procurement,” and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, requests for proposals, quotes, competitive sealed proposals, and other procurement solicitations to which they are attached. The term “Contractor” means each awarded vendor chosen by ACC.

These General Terms and Conditions are part of the final contract in each commodity and/or service contract and are part of the terms and conditions of each purchase order or other bid/proposal forms issued in connection with this solicitation.

Proposers are responsible for identifying any exceptions to these terms and conditions. ANY EXCEPTIONS MUST BE CLEARLY NOTED IN THE SUBMITTED PROPOSAL. Proposals that are qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by ACC and eliminated from further consideration by ACC.

This Contract is entered into between Alvin Community College (“ACC” or “College”) and Contractor, having submitted a proposal in response to a procurement solicitation issued by ACC and whose proposal has been accepted and awarded by ACC. In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ACC and Contractor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Contract, agree as follows:

7.1 Contract Term

7.1.1 The Contract term shall be considered a one-time purchase. All contract renewals or extensions will be subject to approval by the Board of Regents. Contract renewals or extensions may be made ONLY by written agreement between ACC and Contractor and are subject to approval of the College's Board of Regents.

7.1.2 ACC reserves the right to unilaterally extend the Contract for a period of ninety (90) days to avoid a lapse in the Contract coverage, if required.

7.1.3 ACC reserves the right to terminate the Contract at the end of any fiscal year, without any further obligation and without penalty, in the event that the ACC Board of Regents fails to appropriate funds to continue the Contract for the next fiscal year.

7.1.4 The terms of this Contract shall govern all goods and/or services provided by Contractor hereunder.

No pre-published terms on the Contractor’s order acknowledgments, invoices, or other forms shall have any force or effect. Further, no amendment of this Contract shall be permitted unless first approved in writing by ACC, and no such amendments shall have any effect unless and until a written amendment to this Contract is executed by an authorized representative of ACC, after any necessary approvals have been obtained from the ACC Board of Regents.

7.2 Interpretation, Jurisdiction and Venue

This Contract will be governed and be interpreted by the laws of the State of Texas without regard to its choice of law provisions. Exclusive venue for any claim or dispute involving the Contract or the services provided thereunder shall lie in a court of competent jurisdiction in Brazoria County, Texas.

Any party contracting with ACC consents to jurisdiction in the State of Texas.

7.3 Compliance with Laws

Contractor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations. For the entire duration of this Contract, Contractor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Contract. When required or requested by ACC, Contractor shall furnish ACC with satisfactory proof of ACC’s compliance with this provision.

7.3.1 In the event all or a portion of this Contract will be paid for with federal funds, the following provisions shall apply:

a. EDGAR Conflict of Interest Requirements

In accordance with federal EDGAR requirements, 2 CFR § 318(c)(1), no employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of ACC may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, through ACC’s written procedures, ACC has set a de minimis amount of less than $50 per year for items that are unsolicited and of minimal value and promotional items.

Violations of this standard by an employee will be reported to the College President’s Office and addressed through ACC’s personnel policies. Violations of this standard by an officer or the College President shall be addressed to the Board President and addressed through ACC Board policies.

b. To the extent that ACC will use federal grant funds to fulfill its obligations under this Contract, Contractor acknowledges that federal funds will be used to pay for all or a portion of funds due under this Contract and that this Contract is only effective upon receipt of the Notice of Grant Award (“NOGA”) by ACC from the awarding agency. As such, if ACC does not receive sufficient funding for the services provided in this Contract, ACC may terminate this Contract without penalty or further obligation to Contractor, at any time upon written notice to Contractor.

7.4 Taxes

ACC is tax exempt as a governmental subdivision of the State of Texas under federal and state law.

The Contract shall not contain a requirement for ACC to pay or be responsible for any taxes from which ACC would otherwise be exempt.

7.5 Termination for Convenience

Upon thirty (30) days written notice, ACC may, at its option and discretion, terminate the Contract for convenience, without being in default, without any further obligation, and without penalty.

Additionally, at its option and sole discretion, ACC may reduce the statement of work or other requirements of the Contract at any time, without being in default, without any further obligation, and without penalty, by giving thirty (30) calendar days written notice thereof to the Contractor.

7.6 Termination

This Contract shall remain in effect until (1) the Contract expires by its terms or (2) the Contract is terminated by mutual agreement of ACC and Contractor. In the event of a breach or default of the Contract and/or the procurement solicitation by Contractor, ACC reserves the right to enforce the performance of the Contract and/or the procurement solicitation in any manner prescribed by law or deemed to be in the best interest of ACC. ACC further reserves the right to terminate the Contract immediately in the event Contractor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in this Contract, the procurement solicitation, and/or a purchase or work order; (2) make any payments owed; or (3) otherwise perform in accordance with this Contract and/or the procurement solicitation. ACC also reserves the right to terminate the Contract immediately, with written notice to Contractor, if ACC believes, in its sole discretion, that it is in the best interest of ACC to do so. Contractor agrees that ACC shall not be liable for damages in the event that ACC declares Contractor to be in default or breach of this Contract and/or the procurement solicitation. Contractor further agrees that upon termination of the Contract for any reason, Contractor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or vendor.

7.7 Insurance Requirements

The Contractor agrees to comply with the insurance requirements contained herein.

7.7.1 General Liability

The Contractor must carry comprehensive (commercial) general public liability insurance covering all duties, services, or work to be performed under the contract.

Products/Completed Operations Aggregate $1,000,000 CSL Personal Injury Liability $1,000,000 CSL Fire, Lightning or Explosion $500,000 CSL Medical Expense $5,000 per person Policy Aggregate $2,000,000 CSL

7.7.2 Automobile Liability $500,000 each person

Bodily Injury $1,000,000 CSL Property Damage $1,000,000 CSL

7.7.3 Workers’ Compensation

Part A – Statutory Part B – $500,000 in the aggregate $500,000 each person

$500,000 each person for occupational disease

7.7.4 Endorsements

The following endorsements and other stated information is required on the original certificate of insurance:

• 30 days’ Notice of Cancellation

• Alvin Community College named as Additional Insured on all policies except Worker’s Compensation

• Waiver of Subrogation on all policies

7.7.5 Submission of Certificate of Insurance & Copy of Policy

The original certificate of insurance indicating the coverage and limits stated herein, with copies of all endorsements, must be furnished to Alvin Community College within 14 business days after receipt of a written purchase order or other duly executed contractual document and prior to providing services. Email the original certificate of insurance to purchasing@alvincollege.edu or mail to Alvin Community College, Purchasing Department, 3110 Mustang Road, Alvin, Texas 77511.

The insurance company insuring the Contractor shall be licensed in the State of Texas and shall be acceptable to ACC. At any time during the Contract term, prior to any lapse in the Certificate of Insurance, the Contractor shall provide an updated certificate to ACC.

Upon request by ACC, the Contractor shall provide copies of all policies required under the contract to ACC.

7.8 Ownership of Documents

7.8.1 In the event that the project outlined in this Contract requires the Contractor to prepare or develop software, educational or other related materials, drawings, models, plans, prints, designs, concepts, or similar documents ("Design Work"), all ownership of the Design Work shall vest in the College.

The College shall retain all common law, statutory and other reserved rights, including copyright in all design work, materials prepared under the Contract, or other intellectual property rights (unless previously developed prior to commencement of the Contract or engagement and for which the Contractor or a third party can show that it already owns the copyright), regardless of form.