ESBD_383214_1732307640175_RFP-24-204-2024-11-22-10-30-45.pdf

www.bvcog.org

REQUEST FOR PROPOSALS

24-204

“NETWORK MONITORING SERVICES FOR NEXT

GENERATION 9-1-1”

RELEASE DATE: November 21, 2024 DEADLINE FOR QUESTIONS: December 5, 2024

RESPONSE DEADLINE: December 20, 2024, 3:00 pm CT

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

OpenGov.com

OR

PAPER RESPONSES MAY BE DELIVERED TO:

Purchasing Solutions Alliance 3991 E. 29th Street Bryan, Texas 77802 http://www.bvcog.org/

Purchasing Solutions Alliance

Request for Proposals Network Monitoring Services for Next Generation 9-1-1

Table of Contents

1. Introduction

2. Technical Specifications and Scope of Services

3. Pricing

4. Proposal Evaluation

5. Instructions for Preparing Proposal

6. RFP Administration

7. Contract Administration

8. Definitions, Abbreviations, and Acronyms

9. Vendor Performance Under Cooperative Contract

10. PSA Terms and Conditions

11. Insurance Requirements for PSA Vendors

12. Vendor Response

Attachments:

A - Technical Response B - Offeror Acknowledgement & Certification C - Conflict of Interest Questionnaire D - Sample Contract 24-204

RFP 24-204

1 Introduction

1.1 Summary

Purchasing Solutions Alliance (PSA), a nationwide non-profit cooperative purchasing program of the Brazos Valley Council of Governments (BVCOG), is soliciting proposals from experienced and qualified vendors to provide proactive managed monitoring services for NextGen911 (NG911) PSA Members.

The purpose of this Request for Proposals (RFP) is to secure a qualified vendor to deliver proactive managed monitoring services for Next Generation 911 (NG911) networks. These services aim to minimize Mean Time to Repair (MTTR) for network outages across Layer 3 infrastructure, including 4G/5G LTE wireless networks, point-to-point microwave links, and internet connections.

Key responsibilities include:

• Comprehensive management of network routers and switches, encompassing change management, configuration, backup, restoration, and both logical and physical fault resolution.

• 24/7/365 monitoring and rapid incident response for firewalls, including remote configuration support for VPN users, intrusion detection, and maintaining backup configurations.

• Expertise in managing NextGen firewalls (NGFWs), which may include but are not limited to Fortinet, Cisco ASA, and Palo Alto systems.

The selected provider will play a critical role in ensuring the operational reliability and security of the NG911 network infrastructure.

There is considerable potential sales value in being awarded a competitively bid public sector cooperative contract. PSA contractors have the advantage of promoting sales to governmental/educational entities without the need for the buyer to issue an RFP. This saves the buyer time and money from duplicating the competitive bidding process and managing the resulting contract. Many of our existing PSA contractors have been able to gain new customers because of the cooperative contracts.

The resulting contract from this RFP will be able to be used nation-wide. We believe a PSA contract would enhance your competitive position in the government marketplace, and are eager to work with you to promote the best interests of our participating local governments and qualifying non-profit organizations.

1.2 Background

PSA is a “Government-to-Government” procurement service for Local Governments, Districts, Political Subdivisions, Authorities, Schools, Universities, and qualifying Not-for-Profit Corporations.

These agencies become Members of Purchasing Solutions Alliance by executing an Interlocal Purchasing Agreement, which is free of cost and imposes no minimum spending requirements.

PSA, acting on behalf of Members, solicits competitive offerings for the furnishing of products and/or services, resulting in a cooperative contract.

With a cooperative contract, all the hard work of the competitive RFP process is done in advance, and the vendors can then use the contract to make immediate sales to government agencies, schools, and non-profit organizations. In return, the vendors pay an administrative fee based on the amount billed to customers. The customers save time from writing their own RFP, and they reap the benefits of the competitive bid. Even the smallest of customers receive larger discounts than they could get on their own, because the contract is based on a much larger sales volume. It's a win-win situation for all parties.

PSA members include school districts, higher education, non-profit 501c(3) organizations, local government agencies and certain state agencies. PSA members may use any combination of PSA contracts. All purchases are optional and no sales are guaranteed. Visit www.psabuy.org and click on the Membership tab in the main menu to view and/or download a list of PSA member agencies that have currently entered into Cooperative Interlocal Purchasing Agreements with PSA, eligible to participate in any subsequent contract.

1.3 Contact Information

The sole Point of Contact (POC) for purposes of this RFP prior to the award of any contract is:

Susan Lightfoot, Program Administrator.

Contact with any other PSA employee or official is prohibited without prior written consent from the POC of this RFP. Failure to observe this requirement may be grounds for rejection of the proposal.

Susan Lightfoot Program Manager 3991 East 29th St Bryan, TX 77802 Email: psabuy@bvcog.org Phone: (979) 595-2801 Ext: 2035 Department:

Procurement

Department Head:

Susan Lightfoot Program Administrator

1.4 Timeline

PSA reserves the right to change the dates in the schedule of events below.

mailto:psabuy@bvcog.org tel:(979)595-2801;ext=2035

Release Project Date November 21, 2024

Question Submission Deadline December 5, 2024, 5:00pm

Question Response Deadline December 9, 2024, 5:00pm

Proposal Submission Deadline December 20, 2024, 3:00pm

2 Technical Specifications and Scope of Services

This Scope of Services establishes the scope, deliverables, and expectations for proactive managed monitoring and management services for Next Generation 911 (NG911) networks. The awarded cooperative contract will allow members of the cooperative to utilize these services under the agreed terms and pricing. These services are intended to minimize Mean Time to Repair (MTTR) for network outages and ensure the reliability, security, and performance of NG911 infrastructure for participating cooperative members.

2.1 Scope of Services

Network Monitoring and Fault Management

• 24/7/365 proactive monitoring of NG911 Layer 3 networks, including:

o 4G/5G LTE wireless networks o Microwave point-to-point links o Internet connections

• Rapid incident detection, reporting, and resolution to minimize MTTR for network outages.

Router and Switch Management

• Change management for NG911 network routers and switches.

• Configuration, backup, and restoration of network devices.

• Logical and physical fault resolution to ensure system stability and operational readiness.

Firewall Monitoring and Incident Response

• Continuous monitoring of NextGen firewalls (NGFWs) for intrusion detection and other incident response.

• Remote configuration support, including:

o VPN user configuration o Firewall rule adjustments o Backup and maintenance of configuration databases.

• Expertise in managing firewalls, including but not limited to Fortinet, Cisco ASA, and Palo Alto.

2.2 Deliverables

The vendor will provide the following to PSA members:

• Real-time network monitoring with regular reporting on network health and performance.

• Documented change management processes and configuration backups for all network devices.

• Incident resolution reports detailing actions taken, root causes, and recommended mitigations.

• Monthly and ad hoc firewall management reports summarizing security events and configurations.

The vendor will provide the following to PSA administration (See Vendor Performance Under Cooperative Contract for more information):

• Monthly sales reports

• Monthy payment of Admin Fee based on sales

2.3 Cooperative Contract Structure

Vendor Obligations:

• Provide services to PSA cooperative members under the terms and pricing of this contract.

• Ensure that all cooperative members receive the same high-quality service, regardless of their location.

• Provide necessary payments and documentation to PSA administration.

PSA Cooperative Members' Responsibilities:

• Each participating member will execute their own service agreement with the vendor, specifying member-specific requirements within the scope of this SOW.

• Members will provide necessary system access and documentation to enable service delivery.

2.4 Roles and Responsibilities

Vendor: Execute all tasks and deliverables outlined above. (Execute all tasks outlined in Section 2 and provide deliverables per Section 3 )

PSA Administration: Facilitate the contract's administration and oversee compliance with terms.

PSA Cooperative Members: Define individual requirements, provide system access, and coordinate with the vendor for service delivery.

https://procurement.opengov.com/portal/psa/projects/104093/document?section=946982

2.5 Offered Product Item Variances

Any variance in the specifications or performance of Products offered shall be acceptable to PSA and the End User only insofar as it MEETS or EXCEEDS the specifications and requirements of this RFP.

2.6 Requirements Applicable to Physical Goods

In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must:

• Be new, unused, and not refurbished.

• Include any and all accessories which may or may not be specifically mentioned herein, but which are normally furnished or which are necessary to make a delivered Product ready for its intended use. Such accessories shall be assembled, installed and adjusted such that the Product is ready for continuous operation at time of delivery.

• Be designed and constructed using current industry accepted engineering and safety practices and materials.

• Comply with any current applicable safety or regulatory standards or codes.

• If applicable, each Product delivered under a PSA contract, and any applicable options thereto, shall be supplied with at least one (1) copy of a safety and operating manual. The cost of any such manuals must be included in the base price for the product.

• Products and/or equipment offered herein are to be proposed based upon being delivered and operational at the PSA Member’s site. Exceptions to “delivered and operational” must be clearly disclosed.

2.7 Product Notices

PSA is NOT the owner of Products sold pursuant to this RFP, but acts only in the capacity of purchasing agent. In that regard, Contractor accepts sole responsibility for ensuring that notices and mailings, such as Safety Alerts, Safety Recall Notices and Customer Surveys, are sent directly to the End User of record.

2.8 Industry Standards

Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the emergency communicaitons industry, as they are generally understood and accepted within that industry across the nation. Deviations from industry standards must be identified by the Offeror and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services.

Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal.

2.9 Performance Standards

Vendor must execute a Service Level Agreement (SLA) when working with PSA members which includes incident response time, MTTR target, and monitoring uptime.

2.10 Warranty

Unless otherwise addressed, the following Warranty requirements shall apply:

A. Offeror must be the manufacturer or properly franchised dealer authorized to sell all products offered and sold in response to the RFP.

B. Warranties shall be manufacturer's standard.

C. Any warranties offered by a dealer shall be in addition to the manufacturer’s warranty, and shall not be a substitute. Offeror's base price for any Product shall be inclusive of the manufacturer’s warranty.

D. Complete warranty information will be included in the response to this RFP and supplied to End User upon request.

E. Warranties submitted with the Response, so long as they meet the minimum requirements set forth herein, shall be in lieu of all other warranties expressed or implied, all other representations to PSA and/or the End User Agency, and all other obligations or liabilities including liability for incidental or consequential damage on the part of Offeror. Neither PSA nor End User assume any warranty or liability on Offeror’s behalf unless made or assumed in writing, initiated by Offeror, and agreed to in writing by PSA or the End User respectively.

F. Contractor shall be responsible for the execution and effectiveness of all product warranty, and shall be the sole source for solution to problems arising from warranty claims.

Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

G. The Offeror warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship;

and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Offeror/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended.

3 Pricing

It is the intent of PSA to always provide the best price and value to its members. The successful vendor must be able to provide a pricing methodology for its products and services that will ensure that PSA is always getting the best and most competitive price available.

3.1 Cost Proposal

Offerors must submit all pricing information associated with this contract in a separate, clearly labeled file. Accepted formats include Microsoft Excel or PDF. The Cost Proposal must provide comprehensive, discounted pricing details specifically for cooperative members.

The following pricing categories should be addressed, with the applicable cooperative member discount clearly identified:

• Hardware: Provide a detailed list of all hardware products, including discounted pricing.

• Software: Include licensing, subscriptions, or one-time purchase costs with cooperative member discounts clearly applied.

• Set-up Fees (Non-Recurring): Outline any implementation or onboarding costs, showing the discount offered.

• Monthly Recurring Fees: Detail costs for ongoing services or subscriptions, with the discounted rate prominently displayed.

• Value-Added Services (if applicable): Clearly describe and price optional services or additional features, highlighting any applicable discounts.

• Hourly Rates: Specify rates for professional or technical services not explicitly listed above, including cooperative member discounts.

The Cost Proposal should be itemized and transparent, demonstrating all discounts applied for cooperative members. Include details on any bundled pricing, volume discounts, or other cost-saving opportunities. Ensure that the proposal is structured for clarity and ease of evaluation.

3.2 PSA Administrative Fee

All pricing submitted to PSA shall be inclusive of the administrative fee to be remitted to PSA by the successful vendor. Customers shall not be charged a separate line item or the PSA administrative fee. See the section Vendor Performance Under Cooperative Contract for more information about the PSA administrative fee.

3.3 Auditable Pricing

All pricing must be verifiable and auditable. To that end, customers should be able to verify contract pricing for ANY past invoice received under this contract.For example, suppose a customer receives an invoice in December 2021. In March 2024, the customer should be able to compare that invoice to the contract and any published price lists from December 2021 to verify that the correct pricing was invoiced per this contract.

3.4 Negotiated Prices for Individual Customers

The prices shall be considered “Not to Exceed” pricing. Contractor is allowed to negotiate lower pricing for individual PSA members. Individual pricing negotiations shall be equal to or lower than the PSA contract pricing on all items.

3.5 Annual Price Audits

Each year, PSA shall perform a price audit to verify that prices charged to customers reflect the contract pricing. Price audits shall be performed in the following manner. At PSA’s request, vendor shall provide PSA actual customer invoices from a single month in the preceding year. The month of the invoices shall be specified by PSA. Invoices shall indicate the product number, quantity, price, and any other fees that were charged. PSA will compare the invoice pricing to the contract pricing.

If PSA finds any pricing higher than the contract pricing, Contractor shall refund the difference to the end user.PSA may ask for additional invoices at its own discretion.

3.6 Sales Tax

The Vendor is expected to charge any applicable state and/or local taxes on items for which a valid tax exemption certification has not been provided. Each PSA member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, PSA members must indicate that they are tax-exempt entities. Except set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this

RFP.

3.7 Complete Pricing

Offeror's response should disclose all potential pricing and fees for the life of the contract.

3.8 Product and Price Changes

Awarded Vendors may request product or service changes, additions, or deletions at the end of the initial contract term and each subsequent contract anniversary. All changes are subject to review and approval by PSA.

PSA will determine whether the request is both within the scope of the original RFP and in the best interests of PSA and its members. Approved Price and Product Change Requests will be communicated to the Vendor contact through email and formally published through a Contract Amendment.

4 Proposal Evaluation

The PSA proposal evaluation committee will evaluate proposals received based on the criteria and point system detailed below. The following conditions apply:

A. It is understood that PSA, through its management, may use all means at their collective disposal to evaluate the proposals received based on the stated criteria, and the final decision as to the best overall value, both as to price and to suitability of the products and/or services offered to fit the needs of PSA and its members, will rest solely with the Executive Director of the BVCOG or his designee.

B. PSA has the right to award to multiple companies supplying comparable products or items, also known as a multiple award schedule, but reserves the right to make a single award to the highest ranked Offeror.

C. By submission of a Response, Offeror indicates acceptance of the evaluation technique, and recognizes and accepts that PSA may at its sole discretion make subjective judgments during the evaluation process.

D. In evaluating RFP responses, PSA has no obligation to consider information that is not provided in the Offeror's response. PSA may, however, consider additional information outside of the Offeror's response. This research may include such sources as the Offeror's website, industry publications, listed references and user interviews.

E. PSA reserves the right to request and test equipment/products and related services and to seek clarification from the Offerors. Offerors must make reasonable efforts to supply test products promptly. All Offeror products remain property of the Offeror, and PSA will return such products after the evaluation process.

F. An Offeror's past performance under previously awarded contracts to schools, governmental agencies, and not-for-profit entities is relevant in evaluating an Offeror's current response.

Past performance includes the Offeror's record of conforming to published specifications and to standard good workmanship, as well as the Offeror's history for reasonable and cooperative behavior and for commitment to member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Technical Response Offeror is evaluated based on how fully they comply to the technical requirements provided in Attachment A, Technical Response. It is not mandatory to comply with each requirement for contract award.

Points Based 35 (35% of Total)

2. Vendor Experience and Qualifications Qualified Offerors are financially stable, ethically sound, and have extensive experience in servicing Next Generation 911 systems. The Offeror must be financially sound, to provide reasonable certainty the company will have the ability to provide excellent service throughout the life of the contract.

0-100 Points 10 (10% of Total)

3. Value to PSA Points are awarded based on the expected value of the resulting contract to PSA. The following areas may be taken into consideration:

• Offeror can show how this resulting contract will be significantly better in some area than Offeror's existing cooperative contracts, or Offeror has no other contracts with purchasing cooperatives.

• Effectiveness of the Marketing Proposal.

• Likelihood of Offeror to generate additional sales through the use of the resulting contract.

0-100 Points 10 (10% of Total)

4. Cost Proposal The Cost Proposal shall be evaluated based on the amount of discount provided, the overal low cost of products, and any fees charged to the

PSA end user.

0-100 Points 40 (40% of Total)

5. Compliance of Response to RFP Requirements All proposals shall be evaluated to determine the extent to which they comply with the RFP requirements provided herein. All sections must be included with required signatures where needed.

If a proposal fails to meet a material solicitation document requirement, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the solicitation. Missing signatures will result in point deductions in this criteria, but are not considered material deviations. If the vendor is selected for contract award, the signatures will be required before contract execution.

Points Based 5 (5% of Total)

5 Instructions for Preparing Proposal

This section contains instructions for compiling and submitting a proposal response to this RFP. All Offerors must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal.

5.1 Electronic or Paper Response

Unless otherwise addressed within the RFP, the following requirements shall apply:

A. Electronic Submission of Response (Preferred method): Offerors may upload one final and complete electronic proposal on the on-line bidding system that PSA utilizes for its bid and proposal solicitations at www.procurement.opengov.com. There is NO COST to the Offeror in submitting their proposal in response to this RFP via the on-line electronic bidding system.

B. Paper Submission of Response: In lieu of electronic submission, responses may be submitted in four complete printed sets including one Original and three Copies in separate “hard side” three-ring binders. The outer spine of each binder shall be labeled showing this RFP No., Offeror Name, and either “Original” or “Copy”, as applicable. The Original printed response will be considered to be the binding Response in case of any conflicts between printed copies submitted with the Offeror’s (paper response) proposal package.

Paper submissions must include a flash drive with the electronic version of the proposal, specifically an excel file for the cost proposal.

Paper Submission of Responses shall be enclosed in a SEALED package(s) addressed to PSA. The following information shall be clearly stated on the exterior of the package(s):

1. Name and Address of Offeror

2. Date and hour of proposal submission deadline (due date)

3. Bid/Proposal RFP number

4. The statement, "SEALED PROPOSAL - DO NOT OPEN IN MAIL ROOM." This label shall be of sufficient size to be quickly and easily noticed and affixed to opposing sides of the package(s).

5.2 Proposal Response

Due to the complexity of responses and to aid in evaluation, the Response should contain ALL required information in clearly outlined sections as detailed below. Vendors must provide the sections listed below or the response may be rejected. Omission of any required form or information will be sufficient grounds for PSA to consider your response to be non-compliant.

Title Page: The proposal should begin with a title page bearing the name and address of the vendor and the name and number of this RFP.

Section 1 - Executive Summary: Vendors must condense and highlight the contents of the proposal in a separate section titled “Executive Summary.” Indicate why your products and services are superior to others in the market.

Section 2 - Vendor Qualifications and Experience: Describe your experience in the NextGen911 environment. Provide qualifications for NOC monitoring and management services. Indicate what differentiates your company from its competitors.

Specifically, disclose the following: a) Bankruptcies filed; b) Litigation, mediation, and arbitration history over the last five (5) years; c) Any material (in excess of $50,000) claims, judgements, arbitrations, investigations, or lawsuits pending; d) Any criminal actions, suits, proceedings, arbitrations investigations against or involving the Offeror or its employees (in their capacities as employees) occurring during the past five years.

Section 3 - Marketing Strategy: Describe in detail how you will effectively market any potential PSA contract nationally and meet the requirements outlined in the RFP. If you have other cooperative contracts, state whether this proposal includes same or better pricing.

Address each element of your marketing strategy by describing timelines, methods, and/or presenting reference marketing materials PSA can expect to be produced and maintained by your organization throughout the life of any potential contract.

Section 4 - PSA Administrative Fee: Confirm the percentage amount and calculation of the PSA Administrative Fee. Offerors are encouraged to propose alternative methods of assessing and calculating administrative fees to PSA based on industry standards and company policy.

Section 5 - Value Added Services: List and describe any value added services. These services are not required, but will be considered and evaluated. Examples of value added services include Multifactor authentication, reports, end user training, etc..

Section 6 - Exceptions to RFP: Identify any exceptions the vendor has taken to the requirements of this RFP, the contract or any other attachments.

5.3 Required Attachments

The following attachments are required with your proposal submission:

1. Cost Proposal: The Cost Proposal shall be completed as the Excel spreadsheet provided as an attachment to this RFP. The Cost Proposal should clearly illustrate the price discount, basis of the discount (MSRP, catalog discount, etc.), and any fees that may be charged to the PSA End User.

Describe the fee structure to include hardware, setup fees (non-recurring) and monthly recurring for on-going services and value-added services for special projects (hourly).

2. Technical Response: Complete and submit the Technical Response that was provided as Attachment A to this RFP. For each requirement, the Technical Response has a table with checkboxes for Complies/Does Not Comply/Partially Complies. Please mark the appropriate box for each requirement, then provide further explanation in the appropriate space below. Checking "Does Not Comply" on any requirement will not disqualify a vendor from being awarded a contract, however, it will reduce the evaluation score somewhat for the Technical Response criteria.

3. References: Offeror shall list the names of at least three (3) public/government agencies which have purchased from Offeror products or services similar to those covered by this RFP, within the last two (2) years. PSA reserves the right to determine if such products or services are appropriately similar. Other information, including criticism however learned, may be used by PSA in evaluation of responses. Each reference shall be a public, government or education agency and include the following:

A. Agency Name

B. Contact Person's Name and Title

C. Address

D. Phone

E. Email

4. Offeror Acknowledgement & Certification: Complete and sign the Offeror Acknowledgement & Certification that was provided as an attachment to this proposal.

5. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting with PSA to file a Conflict of Interest Questionnaire (CIQ) if they have an employment or other business relationship with a PSA officer or an officer’s close family member. PSA is a program of the Brazos Valley Council of Governments, whose officers include The Honorable Molly Hedrick, Chair, The Honorable John L. Durrenberger, 1st Vice Chair, The Honorable Duane Peters, 2nd Vice Chair, The Honorable Byron Ryder, Secretary, The Honorable Clark Osborne, Immediate Past Chair.

6. Form 1295 Certificate of Interested Parties: Pursuant to the Texas Legislature House Bill 1295, Offeror must complete a Form 1295 through the Texas Ethics Commission website www.ethics.state.tx.us and submit a signed copy of the form to PSA with the RFP response. Pubicly traded companies are not required to submit this form. See ethics.state.tx.us/resources/FAQs for more information about Form 1295.

7. Proposer Certification: Complete and sign the Proposer Certification form that was provided as an attachment to this proposal.

8. Ethics Policy: Offeror shall include their employee ethics policy.

9. All Addenda: For paper responses only, Offerors must list all addenda for this RFP that were issued for this RFP through OpenGov. The list must be signed to acknowledge receipt. If no addenda were issued for the RFP, this section may be omitted. Responses that are submitted electronically through OpenGov acknowledge addenda as part of the submission process.

5.4 Signature Authority

By submitting the Response, Offeror represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of the Offeror and to bind the Offeror under any contract that may result from the submission of this Response.

5.5 Additional Response Requirements

Offeror’s Response may be deemed non-responsive if all required PSA forms and documents are not properly completed. Offeror must submit all documents included in the RFP Submission Checklist found in the Attachments Section of this RFP. Offeror may not modify the format of any PSA form in any way, but may only fill in information and add lines if needed. In certain cases, the cost proposal form may be modified in accordance with instructions provided for the form. Offeror may photocopy or print blank forms as needed.

There is no limit on the physical size of the proposal but a complete yet succinct, and unambiguous presentation of the services offered and the fees required are expected. Proposals should provide a clear and straightforward description of products and services and the firm’s ability to meet requirements.

All proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Offeror. Blue ink is preferred for signatures.

No oral, telegraphic, telephonic, or facsimile bids will be considered or accepted.

5.6 Withdrawal or Modification of Responses

Once received by PSA, responses may be modified or withdrawn prior to the submission deadline only if the request to do so is in writing and on Offeror’s formal letterhead. Responses and requests for modification received after the submission deadline will not be accepted.

5.7 Confidential/Proprietary Materials

PSA uses its best efforts to follow the intent of Chapter 552 of the Texas Government Code, the Public Information Act (the “Act”) in regards to information, documentation, and other material in connection with this solicitation. If Offeror's proposal contains material noted or marked as “confidential” and/or “proprietary”, and that material in PSA’s sole opinion meets the disclosure exemption requirements of the Act, then that information will not be disclosed pursuant to a request for public documents. If PSA does not consider such material to be exempt from disclosure under the Act, the material may be made available to the public regardless of the notation or markings. If an Offeror is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the Act, then it shall not include such information in the proposal.

5.8 Terms and Conditions Attached to Response

Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

6 RFP Administration

This solicitation is being performed as a Request for Proposals (RFP), whereby Offerors submit competitive sealed proposals. The following paragraphs provide information about the RFP process.

6.1 Questions and Answers about this RFP.

Vendors may ask questions regarding this RFP until the Question Deadline, Thursday, December 5, 2024. Submit all questions about this RFP through the OpenGov portal associated with this RFP.

All questions will be answered in OpenGov throughout the RFP process, and no later than Monday, December 9, 2024.

Upon examination of this RFP document, Offerors should promptly notify PSA of any ambiguity, inconsistency, or error they discover in writing. Interpretations, corrections, and changes to this RFP will be considered by PSA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Offerors must not rely on them.

6.2 Revisions to the RFP

In the event of a needed change in the published RFP documents, Offerors should understand that all the foregoing terms and conditions and all performance requirements will apply to any published addendum.

Addenda are written instruments issued by PSA that modify or interpret the RFP. All addenda issued by PSA become part of the RFP. Addenda will be posted through the OpenGov portal associated with this RFP. PSA accepts no liability in connection with the delivery of any addenda. It is the sole responsibility of the Offeror to check for any addenda pertaining to this RFP during the proposal submission period. All Offerors must acknowledge their receipt of all addenda in their proposal response.

6.3 RFP Change Requests

Requests for changes to the requirements or specifications herein must be in writing and must be received by PSA no later than the deadline established in the RFP Schedule. PSA will review such requests, but may or may not accept changes. Responses which are qualified with conditional clauses, or alterations of or exceptions to any of the terms and conditions in this RFP may be deemed non-compliant at the sole discretion of PSA. Changes to the RFP, if any, are made only by written Addendum and posted to Opengov. In any event, it is the Offeror's sole responsibility to ensure that any and all Addendums, which may have been issued, have been received and addressed.

6.4 Vendor Point of Contact

During the evaluation process, PSA reserves the right to request additional information or clarifications from proposers. Each proposal must designate the person who will be responsible for answering technical and contractual questions. The person should be indicated in the Offeror Acknowledgement & Certification form, provided as an attachment to this RFP. Preliminary negotiations may be conducted with responsible Offeror(s). At the discretion of PSA, all responsible Offerors may be given an opportunity to interview with the Evaluation Committee.

6.5 Offeror's Responsibility

By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will be part of any subsequent contract that is executed pursuant to this RFP.

It is Offeror’s sole responsibility to thoroughly examine and review all documentation associated with this RFP, including any Addendums, and to ensure that any response submitted complies in every respect with all requirements.

Offeror shall make all investigations necessary to become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this RFP. No plea of ignorance by Offeror stemming from failure to investigate conditions that may now or hereafter exist, shall be accepted as a basis for varying PSA requirements, or Offeror's/Contractor's obligations or entitlements.

PSA shall not be liable for Offeror's incomplete documentation. Additionally, all components of any Response become the property of PSA.

There is no expressed or implied obligation for BVCOG or PSA to reimburse responding firms for any expenses incurred in preparing proposals in response to this Request for Proposal. Neither BVCOG nor PSA will reimburse responding firms for these expenses, nor will they pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

6.6 Ownership of Documents

All proposals, plans, specifications, schematics, content, maps, design, workflow or any other documents, and any work product prepared, created or obtained under this RFP including electronic media, hard copy documents, web-based systems, solutions and files shall be delivered to, and shall become the property of the PSA. This paragraph applies to all Offerors, whether successful or not.

6.7 Best Value Standard

The intent of this RFP is to award to the Offeror whose proposal offers the Best Value to PSA members. In determining the best value, the following may be considered:

• purchase price, including payment discount terms

• reputation of the Offeror and of the Offeror's goods or services

• quality and reliability of the Offeror's goods or services

• Offeror's past relationship with PSA

• impact on the ability of PSA members to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities

• life cycle costs, including installation costs and availability of repair and maintenance parts

• conformity to specifications

• financial condition

• delivery terms

• any relevant criteria specifically listed in the Request for Proposals

• indicators of probable vendor performance under the contract such as past vendor performance, the vendor’s financial resources and ability to perform, the vendor’s experience or demonstrated capability and responsibility, and the vendor’s ability to provide reliable maintenance agreements and support

• the cost of any employee training associated with a purchase

6.8 PSA Rights Reserved

PSA reserves the following rights with regard to the RFP:

A. PSA may disqualify any Offeror whose conduct or proposal fails to conform to the requirements of this RFP, or misstates or conceals any material facts. Non-material deviations for the requirements and procedures of this RFP may be waived at the sole discretion of PSA.

B. PSA reserves the right to waive any or all irregularities, formalities, or other technicalities, to be the sole and independent judge of quality and suitability of any products/services offered, and may accept or reject any proposal in its entirety, or may reject any part of any proposal without affecting the remainder of that proposal, and may award the individual items on this proposal in any combination or in any way to best serve the interests of PSA as it perceives those interests to be in its sole discretion.

C. PSA may duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal.

D. PSA may cancel the Request for Proposal at any time and for any reason with no cost or penalty to PSA.

E. PSA may correct or amend the RFP at any time before the submission deadline with no cost or penalty to PSA. PSA will not be liable for any errors in the RFP or other responses related to the RFP.

F. PSA may extend proposal due dates and contract award dates.

6.9 Open Competition

This RFP is not meant to restrict competition, but rather is intended to facilitate open, fair and unrestricted competition.

6.10 Specific Descriptive References

PSA is committed to obtaining its products and services at the lowest price possible without compromising quality. Therefore, in order to accomplish this objective/goal, it is the intention of PSA neither to exclude particular vendors or manufacturers nor to create restrictive situations in this

RFP.

Any vendor’s/manufacturer's names, trade names, brand names, price list numbers, technical data, products, services, etc. used in the RFP and any relevant documents are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive.

Alternate bids on similar or comparable products and/or services of any manufacturer or vendor equal or equivalent to the products and/or services described in the RFP are invited and will be given careful consideration provided the alternate can accomplish the same task.

7 Contract Administration

This section describes the administration of the awarded contract resulting from this RFP solicitation.

7.1 Contract Term

This contract shall become effective from date of acceptance and approval by the BVCOG Board of Directors or designee. It shall remain in full force and effect for a period of three (3) years. The contract shall be in effect throughout this period and thereafter until such time as any outstanding orders against the contract have been fulfilled.

The contract may be extended if deemed by PSA to be in the best interests of PSA, its members, and the Vendor. The contract may be extended for two (2) one-year terms. This action does not require specific BVCOG Board of Directors’ approval. Contracts are extended upon mutual agreement of both the Vendor(s) and PSA.

In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month-to-month until a new contract is executed. Non-appropriations for renewal of contract will also be in accordance with the Local Government Code

271.005 (b) concerning non-appropriation clauses for multi-year contracts.

7.2 Contract Administrator

Contractor shall assign a dedicated Contract Administrator whose duties shall include but not be limited to:

• Supporting the marketing and management of the Contract,

• Facilitating dispute resolution between the Contractor and a Customer, and

• Advising PSA of Contractor’s performance under the terms and conditions of the Contract.

PSA reserves the right to require a change in the Contract Administrator if the assigned Contract Administrator is not, in the opinion of PSA, adequately serving the needs of the cooperative purchasing program.

7.3 Contract Changes

PSA shall have the right to make changes to the resulting contract of this RFP for the purpose of clarification or inclusion of additional specifications, qualifications, conditions, etc. Any such changes shall be made in writing and agreed upon by Contractor and PSA prior to issuance of Addendum to the Contract. Whenever possible, contract changes shall be limited to the anniversary of the contract.

The specific number and product mix featured in this contract may change during the course of the Agreement as Contractor introduces new products and discontinues others. When possible, any contract changes will occur on the anniversary of the contract.

In the event a product is discontinued, or if the Contractor makes a change that affects the price of a product, the Contractor is required to immediately notify the PSA of the circumstances.

Discontinued items are automatically considered to be deleted from the contract with no penalty to Contractor. PSA, at its sole discretion, may allow the Contractor to provide a substitute for the discontinued item through a contract amendment.

Requests for product SUBSTITUTIONS shall be accompanied with the following information:

A. Documentation from the Contractor that the product has been discontinued

B. Documentation that specifies the replacement product

C. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product if applicable

D. Documentation confirming that the price for the replacement is the same as or less than the discontinued product

Requests for product ADDITIONS shall be accompanied with the following information:

A. Documentation that specifies the new product

B. Documentation confirming that the price for the replacement is at the same discounted rate as other products on the contract

PSA may at its sole discretion elect to make a contract award to the next low Offeror for a discontinued item, or take any other action deemed by PSA to be in the best interests of End Users.

7.4 Estimated Usage

Since this is a cooperative contract, there is no estimated usage amount. PSA is an optional use cooperative, with no minimum purchase amount, and usage is dependent on PSA cooperative members’ actual needs and available funding.

The Offeror is expected to solicit new business with the resulting contract from this RFP. Every city, county, school district, university, special districts and other local government agencies throughout the US are eligible to become PSA members and potentially use this contract. Nonprofit 501(c)(3) organizations will also be eligible for this contract. PSA membership is free, and requires only and Interlocal Purchasing Agreement to be signed between PSA and the joining agency. Federal agencies are excluded from using purchasing cooperatives other than GSA.

8 Definitions, Abbreviations, and Acronyms

The following definitions, abbreviations and acronyms may be found in these specifications, and shall be interpreted herein as specified below.

8.1 Advertisement

A public notice put in a local newspaper of general circulation, containing information about a Request for Proposal.

8.2 Award

The act of entering into contract with a vendor for providing specified goods and services to PSA members.

8.3 Brazos Valley Council of Governments (BVCOG)

A political subdivision of the State of Texas that serves as a vehicle for local governments to cooperatively identify needs, develop responses, implement solutions, eliminate duplication and promote the efficient and accountable use of public resources, and to improve the quality of life.

PSA is a program of BVCOG.

8.4 Competitive Procurement

A transparent purchasing process in which proposals from competing vendors are requested by openly advertising the scope, specifications, and terms and conditions of the proposed contract as well as the criteria by which the bids will be evaluated. Competitive Procurement aims at obtaining goods and services at the lowest prices by stimulating competition and by preventing favoritism.

8.5 Contract

An agreement between PSA and a Vendor to furnish goods and/or services to PSA members over a designated period of time, during which purchases are made of the commodity specified.

8.6 Contractor

The contracted business entity responsible for fulfilling a contract executed pursuant to this RFP.

8.7 End User

A purchaser or customer having the responsibility for the ordering and acceptance of Product or Service. For the purposes of this RFP, End Users are also PSA Members.

8.8 FOB Destination Point

Free on Board (FOB); the vendor pays freight charges to the destination; title to goods passes to buyer at his receiving dock; freight claims must be filed and handled by the seller. Ownership of the goods transfers from seller to buyer at the destination.

8.9 FOB Shipping Point

Free on Board (FOB); shipment terms indicate that the buyer must pay to have the goods delivered;

freight charges may be prepaid and added to the invoice; ownership of the goods passes to buyer at the shipping dock of seller; freight claims must be filed and handled by buyer.

8.10 Goods

A generic term that includes all types of property to be purchased by PSA members, such as equipment, supplies, materials, component and repair parts.

8.11 Lowest Responsible Offeror

This is the vendor who offers the lowest bid which meets all the specifications, requirements, terms and conditions of the Request for Proposals. It is expressly understood that the lowest responsible Offeror includes any related costs to PSA Members, using a total cost concept. The term "responsible" refers to the financial and practical ability of the bidder to perform the contract. The term is also used to refer to the experience or safety record of the vendor.

8.12 Member

Authorized Participant in the PSA Purchasing Program. Generally, any qualifying public, governmental, educational or non-profit entity which has executed an Interlocal Agreement for cooperative purchasing services with PSA. Eligible participants include municipalities, counties, school districts, and state agencies, non-profits performing a governmental function, special districts, political subdivisions and higher education institutions.

8.13 Offeror

Any entity that submits a competitive proposal to a Request for Proposals (RFP).

8.14 Purchase Order

A formal, binding, legal agreement issued by a PSA member. A purchase order is requested by a departmental requisition that details the merchandise or services required.