ESBD_420521_1747406721669_25-039MF Electronic Procurement Software.pdf

RFP #25/039MF

General eBid RFP (revised September 2024) Page 1 of 38

Harris County Department of Education 6300 Irvington Blvd., Houston, Texas 77022-5618

Request for Proposals For Electronic Procurement Software

Submittal Deadline and Proposal Opening Deadline:

Thursday, June 12, 2025 at 2 p.m., Central Time

Proposals received after the date and time stated above will not be considered.

Questions regarding this CSP must be submitted via HCDE eBid System online no later than five (5) business days prior to the submittal deadline date. All questions and answers will be posted online to HCDE eBid at http://hcdeebid.ionwave.net

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TABLE OF CONTENTS

1.0 Notice of Intent

2.0 Introduction to Choice Partners Cooperative

3.0 Instructions to Vendors

4.0 Evaluation and Award of Proposal(s)

5.0 Contract Terms and Conditions

6.0 Scope of Proposal

7.0 Specifications

8.0 Pricing/Delivery Information

9.0 eBid Attributes section

10.0 Attachments

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1.0 NOTICE OF INTENT

Contracts awarded pursuant to this RFP shall comply with the Education Department General Administrative Regulations (EDGAR), 2 C.F.R. §§ 200.318-326. It is the intent of Harris County Department of Education (HCDE) and Choice Partners (CP), a division of HCDE, (collectively, “HCDE”), to award one or more contract(s) as a result of this RFP for use by HCDE and/or CP members. Product(s) and/or services considered for award shall equal or exceed a minimum quality level of industry standard(s) as defined within this RFP, including Section 6.0 Scope of Proposal, and shall comply with all applicable federal, state and local technical, environmental, and performance standards and specifications.

Further, it is the intent of HCDE to allow CP members to use contract(s) between HCDE and Vendor entered into pursuant to this RFP. Accordingly, pursuant to HCDE’s membership agreements with CP members (as permitted under the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Chapter 271, Subchapter F of the Texas Local Government Code, and similar statutes in other states), CP members are authorized to enter into separate and independent contracts with Vendor that employ the same negotiated terms and conditions contained in an existing contract(s) between HCDE and Vendor. Further, it is the intent of HCDE to comply with the most restrictive federal (EDGAR) or state (FASRG) rule or regulation, and HCDE intends to conduct an independent estimate and cost or price analysis in connection with every procurement action using federal funds.

1.1 The initial base term of the prospective contract is a period of one calendar year, and HCDE may elect to extend any contract awarded pursuant to this RFP for up to four additional one-year renewal terms. At HCDE’s option, there may be an additional 90-day transitional period added to the end of the initial term or any renewal term.

Contract prices, terms and conditions are to remain in force during the transitional period. Should the Contract with Vendor terminate during the initial or any renewal term for any reason, HCDE reserves the right to have the same transitional period, prices, terms and conditions as if the Contract terminated at the expiration of that term.

1.2 In this RFP and in the Contract, the following terms shall mean as follows:

1.2.1 “HCDE” means the Harris County Department of Education and includes HCDE’s cooperative purchasing division, Choice Partners, when such term is used. HCDE is a county school district and political subdivision established under the laws of the State of Texas, and its main administrative office is located at 6300 Irvington Blvd., Houston, Texas 77022.

1.2.2 “CP” means Choice Partners cooperative, a national cooperative purchasing program and division of HCDE.

1.2.3 “CP member(s)” means the non-profit entities, public and private schools (including independent school districts and charter schools), education service centers, colleges, universities, municipalities, counties, political subdivisions, and other governmental entities and agencies throughout the United States that have followed local governing authority allowing them to utilize contracts procured and administered by HCDE, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Chapter 271, Subchapter F of the Texas Local Government Code, and similar statutes in other states.

1.2.4 “Vendor(s)” means the proposer(s) responding to this RFP and vendor(s) to whom a contract has been awarded as a result of this RFP by HCDE. A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the product(s) /service(s) listed herein.

1.2.5 “Contract” means the contract terms and conditions in Section 5.0 Contract Terms and Conditions, as further defined in the Entire Agreement provision of Section 5.0. A contract is exclusively between HCDE and Vendor. Under no circumstances shall Vendor submit for approval or otherwise utilize the Contract via the Statewide Procurement Division’s Texas Multiple Award Schedule (TXMAS) Program and/or Texas SmartBuy without prior written permission from CP. All existing contracts shall be made available to CP members to review and copy. Further, all records, reports, and other documents related to HCDE’s competitive procurement of existing contracts shall also be made available to CP members to review and copy.

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1.2.6 “Supplemental Contract” means a separate, supplemental contract entered into between a CP member and the Vendor, which utilizes the negotiated terms and conditions contained in the existing competitively-procured contract(s) between HCDE and Vendor (for example, Vendor’s Master Service Agreement (MSA), End-User License Agreement (EULA), etc. are Supplemental Contracts between the CP member and the Vendor, and HCDE is not a party to those Supplemental Contracts). Supplemental Contracts may further define the level of service and/or product requirements over and above the minimum defined in the Contract and the RFP, including, without limitation, invoice requirements, ordering requirements, on-campus service, specialized delivery, discounted pricing, etc. Supplemental Contracts may be a Purchase Order issued by a CP member.

Supplemental Contracts are exclusively between a CP member and Vendor. Vendor shall immediately notify HCDE of all Supplemental Contracts entered into with a CP member.

1.2.7 “Best Value” means the method by which a contract, if any, is awarded, in accordance with applicable laws, rules, and regulations. Best Value includes multiple parameters, including experience, references, quality of the Vendor’s product(s)/service(s), and price, as detailed in Section 4.0 Evaluation and Award.

1.2.8 “HCDE/CP Administrative Fee” or “HCDE/CP Fee” means the fee paid by Vendors to HCDE/CP for the limited purpose of funding the total administrative costs of the HCDE/CP program. HCDE/CP will invoice the Vendor for the HCDE/CP Administrative Fee of 2 percent.1 See Section 5.30. The HCDE/CP Fee must not be charged to CP members. All rebates, discounts, and other applicable credits from the Vendor resulting from Supplemental Contract(s) shall accrue exclusively to CP members.

1.2.9 “Purchase Order” or “PO” means the agreed-upon purchase order between HCDE’s or the CP member and the Vendor. Special terms and conditions agreed to by the Vendor and HCDE or the CP member may be added as addendums to the PO, including such items as requirements concerning certificates of insurance, bonding, and small or disadvantaged business goals.

1.2.10 “Premium Hours” means those hours not included in Regular Hours or federal holidays. Premium Hours must be approved by HCDE or the CP member for each Purchase Order.

1.2.11 “Regular Hours” means the hours between 7 a.m. and 6 p.m. Monday thru Friday, excluding the following holidays: Presidents’ Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day.

1.3 Timetable

HCDE/CP anticipates following the timetable listed below for this job. The table below is only an estimate and may vary.

1 The HCDE/CP Administrative Fee is expressly separate from and is not a part of the pricing paid by CP members; the HCDE/CP Administrative Fee is paid exclusively by the awarded Vendors and must not be passed on or charged to CP members by the Vendor. All pricing from any contract awarded pursuant to this RFP is fixed pricing. No pricing structure that charges the cost of the product or service plus a percentage of cost is allowed.

TIMETABLE

Item Activity Date

1 RFP Advertised - 1st run Friday, May 16, 2025

2 RFP Advertised - 2nd run Monday, May 19, 2025

3 Pre-Proposal Meeting Thursday, May 22, 2025

@ 10:00AM CT,

(Virtual per Section 3.2.1)

General eBid RFP (revised September 2024) Page 5 of 38

4 Questions Due – via HCDE eBid Thursday, June 5, 2025

@ 2:00PM CT

5 Proposals Due / Public Bid Opening Thursday, June 12, 2025

@ 2:00PM CT

(Virtual per Section 3.2.2)

6 Award Date Wednesday, July 16, 2025

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2.0 INTRODUCTION TO CHOICE PARTNERS COOPERATIVE

2.1 Description of CP members

2.1.1 Contract Availability

Contract(s), if any, awarded as a result of this RFP will be available for use by HCDE. Additionally, contract(s) awarded as a result of this RFP will also be available for use by CP members. HCDE, a local governmental entity, currently has more than 2,500 members and keeps growing every day. Many CP members constitute “school food authorities,” as that term is defined by USDA/TDA.

Contract(s), if any, awarded as a result of this RFP will be available to CP members to review and copy on an “as needed” basis from a list of contracts that have been competitively procured and awarded to Vendors based on the selection criteria set forth in Section 4.0 Evaluation and Award. All related records, reports, and documents related to the competitive procurement of any contract(s) awarded as a result of this RFP will also be available to CP members to review and copy on an “as needed” basis.

2.1.2 Cooperative Procurement

By allowing eligible entities to piggyback onto existing contract(s) between HCDE and Vendors, those entities can accomplish the legally required competition for contracts of commonly purchased products and services, thereby saving the individual entity the cost of going through the procurement process. Vendors benefit as well by having a multi-year contract and by saving the time and expense of going through the procurement process for each individual participating governmental entity. The specific scope of work for each Supplemental Contract/Purchase Order shall be determined in advance and in writing between the CP member and the Vendor.

2.1.3 Interlocal Cooperation Act

Pursuant to TEX. GOV’T. CODE Chapter 791, the Interlocal Cooperation Act, and similar statutes of other states, as well as directives issued by the Texas Department of Agriculture and the United States Department of Agriculture, HCDE and CP members participate in an Interlocal Contract to provide governmental functions and services, including procurement services, which permits CP members to make purchases using contracts procured by HCDE2. A local government that purchases products and services under the Interlocal Cooperation Act satisfies the requirement of the local government to seek competitive bids for the purchase of the products and services. TEX. GOV’T. CODE § 791.025(c). An interlocal contract between a governmental entity and a purchasing cooperative may not be used to purchase engineering or architectural services. TEX. GOV’T. CODE § 791.011(h).

2 See, e.g., TEX. EDUC. CODE § 44.031(a)(4) (“all school district contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel, valued at $50,000 or more in the aggregate for each 12-month period shall be made by the method…that provides the best value for the district[, including] an interlocal contract”); TEX. EDUC. CODE § 51.9335(a)(4) (each institution of higher education, as that term is defined by Tex. Educ. Code § 61.003, including each public junior college to the extent possible, “may acquire goods or services by the method that provides the best value to the institution, including… a group purchasing program.”); TEX. EDUC. CODE § 73.115(a)(4) (University of Texas at Houston “may acquire goods or services by the method that provides the best value to the institution, including… a group purchasing program.”); TEX.

EDUC. CODE § 74.008(a)(4) (University of Texas Medical Branch at Galveston “may acquire goods or services by the method that provides the best value to the medical branch, including…a group purchasing program.”); TEX. LOCAL GOV’T. CODE Chapter 271 (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments); TEX.

LOCAL GOV’T. CODE Chapter 262 (Purchasing and Contracting Authority of Counties); 2 C.F.R. § 200.318(e) General Procurement Standards (“To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the non-federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be applied to documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements”); United States Department of Agriculture Memorandum SFSP02-2017.

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2.1.4 Contracts Involving Federal Funds

Because at the time of procurement, HCDE is unable to determine which of its procurements/contracts will be used by CP members using federal funds, HCDE intends to competitively procure each and every contract awarded by HCDE under Section 44.031 of the Texas Education Code and intends to comply with the federal Uniform Guidance, 2 CFR Part 200 (also known as “EDGAR”) for every procurement action. To comply with the Uniform Guidance, HCDE will make an independent estimate of the value of goods or services in the current market before receiving bids or proposals. After HCDE receives bids and proposals but before awarding a contract, HCDE will also conduct a price or cost analysis and document its findings. For contracts at or above the simplified acquisition threshold (currently set at $250,000), CP members must verify that HCDE fulfilled its requirement to conduct a cost or price analysis in order to benefit from the ability to purchase goods and services from CP directly without the need for additional procurement activities or documentation. HCDE will provide its Independent Estimate Determination Form and Determination of Cost or Price Reasonableness Form to a CP member upon request, but HCDE recommends that when circumstances necessitate separate evaluation of lump-sum pricing (i.e., when a CP member is purchasing at or above the simplified acquisition threshold), CP members also conduct an independent evaluation of cost or price reasonableness tailored to the CP member’s specific purchases so that the CP member can independently determine the reasonableness of the cost/price of the particular purchase. Stated differently, if the CP member’s verification of CP’s compliance with EDGAR reveals that the lump-sum price includes goods or services for which CP could not have performed a cost or price analysis, the CP member should conduct an independent cost or price analysis.

HCDE maintains and uses documented procedures for procurement transactions under a Federal award or subaward, including for the acquisition of property or services. HCDE’s documented procurement procedures are consistent with State, local and tribal laws and regulations, and federal standards in 2 CFR §§ 200.317 through 200.327 of subpart D—Post Federal Award Requirements.

2.2 Financing of HCDE/CP

2.2.1 Member Fees

HCDE/CP does not charge membership fees to CP members.

2.2.2 HCDE/CP Fees

The total cost of the HCDE/CP program is funded through the HCDE/CP Administrative Fee paid to HCDE/CP by Vendors. The HCDE/CP Fee is based on a percentage of vendor sales, less special insurance and required bonding, if applicable.

2.2.3 HCDE/CP Assistance

HCDE/CP will provide limited oversight in assisting both CP members and Vendors in marketing to CP members, training (education), and provide, at a minimum, an annual review of each Vendor. This service will be paid for out of the HCDE/CP Fee. HCDE/CP will not market or sell directly for Vendors.

2.2.4 CP Member Credits

All rebates, discounts, and other applicable credits that are granted by Vendors as a result of Supplemental Contracts shall accrue exclusively to CP member(s).

2.2.5 Pricing Disclosure

Vendor expressly agrees that HCDE/CP may disclose Vendor’s proposal, including, but not limited to, pricing information, to other governmental entities/CP members.

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2.3 HCDE/CP Procedures

2.3.1 Compliance with Applicable Procurement Rules and Regulations Contracts are awarded through fair and open competition in compliance with applicable procurement rules and regulations. All prices charged to CP members are firm, fixed prices and under no circumstances are cost-plus-percentage-of-cost pricing structures allowable under this Contract when federal funds are being expended.

2.3.2 Proposal Request Process

2.3.2.1 The CP member sends a proposal request to the Vendor.

2.3.2.2 The Vendor prepares and sends to the CP member its proposal. The CP member conducts an evaluation of cost or price reasonableness, if the CP member is using $250,000 or more of federal funds and an independent cost/price evaluation is necessary.

2.3.2.3 The Vendor and the CP member agree on a Purchase Order. Purchase Orders/Supplemental Contracts are reported and sent by individual CP members to the Vendor and to HCDE/CP, where they are logged and filed.

2.3.2.4 The Vendor delivers product(s)/service(s) directly to the CP member and then invoices the CP member.

2.3.2.5 The Vendor receives payment directly from CP member.

2.3.2.6 The Vendor reports the sales through the contract to HCDE/CP.

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3.0 . INSTRUCTIONS TO VENDORS

3.1 Proposal Response Format

To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this RFP. Vendors must follow the format instructions detailed below in preparing and submitting their proposals.

3.1.1 Required Format

Vendors shall submit proposals online in the HCDE/CP eBid system at the following address:

hcdeebid.ionwave.net. The Vendor is responsible for ensuring that HCDE/CP has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda or other critical information.

3.1.2 Required Documents

The following items must be completed, executed, and dated by the authorized bidder. Scan and upload electronically signed documents (ex DocuSign) in the Response Attachments section in the HCDE eBid System or if using a wet signature document, it must be scanned and uploaded in the Response Attachments section of your proposal in the HCDE eBid System and the originals MUST be mailed or hand delivered within 5 business days of the bid closing to: Choice Partners, 6005 Westview Drive, Houston, TX 77055 with the RFP number and title clearly marked on the outside of the envelope.

Failure to include/upload these items may result in non-award.

a. Completed eBid Attributes section

b. Completed 10.0 Attachment Packet

c. Completed Texas Ethics Commission Form 1295

d. Previous Client History (References from government entities of orders completed within the past 5 years and non-government orders completed within the past 10 years)

e. Organization Chart

f. Financial Capability (ex. financial statement, balance sheet, etc.) for the last 3 years; stamped

CONFIDENTIAL.

g. QA/QC Program

h. Pricing; Electronic Catalog/Price Lists, Hourly wages

i. Insurance Coverage Certification

j. Vendor’s logo in JPEG format

k. Marketing Plan

l. Link to Vendor’s website

m. Any applicable certificates (i.e., HUB, SWBE, licenses)

n. Exceptions to the contract MUST be redlined in the Terms and Conditions Section 5.0 and uploaded in the Response Attachments section of eBid submissions.

3.1.3 Proposal Response Location

Proposals shall be received no later than the submittal date and time deadline in the HCDE/CP eBid System.

3.1.4 Submission of Proposals

HCDE/CP will only accept bids and proposals submitted online. Faxed or electronically transmitted proposals will not be accepted. Deviations from any terms, conditions and/or specifications shall be conspicuously noted in writing by the Vendor and shall be included with the proposal. Withdrawal of proposals will not be allowed for a period of 180 days following the opening. Withdrawal of proposals prior to the submission deadline is permitted. Copyrighted proposals are unacceptable and may be disqualified.

3.1.5 HCDE / CP Reservations

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HCDE/CP reserves the right to:

a. Cancel this solicitation in whole or in part, at the sole discretion of HCDE/CP.

b. Accept, reject, or negotiate modifications in any terms of the Vendor’s proposal or any parts thereof.

c. Conduct oral interviews/discussions or presentations necessary to select the best value Vendor and/or to obtain competitive pricing.

d. Reject and/or disqualify any or all proposals received, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interest of HCDE/CP and/or CP members.

e. Waive any formalities, technicalities, or other defects if deemed in the best interest of HCDE/CP and/or CP members.

f. Request clarification and/or correction of Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities.

g. Be the sole judge of quality and equality.

h. Award one or more contracts, in part or in whole, to a single or to multiple Vendors, in HCDE/CP sole discretion.

i. Make all decisions regarding this RFP, including, without limitation, the right to decide whether a proposal substantially complies with the requirements of this RFP.

3.1.6 Financial Responsibility

HCDE/CP assumes no financial responsibility for any costs incurred by Vendors in developing and submitting a proposal or any amendments or addenda, participating in pre-proposal meetings, participating in any negotiation sessions or discussions, or any other costs incurred by Vendors pursuant to this RFP.

3.1.7 Compliance with Specifications and Contract

Vendors are requested to submit a proposal offering their total line of available products and services that are commonly purchased by governmental entities, school districts, and other public, not-for-profit agencies and organizations. Proposals shall be deemed responsive if they comply with all material and administrative aspects of this RFP. Vendors 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 Contract terms in section 5.0 - Terms and Conditions.

Any exceptions to the terms and conditions in the RFP or the Contract must be clearly indicated in the Vendor’s submitted proposal. Deviations or exceptions stipulated in a Vendor’s response may result in disqualification.

Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified. Each Vendor, by making its proposal, represents that the Vendor has read and understands the RFP and the Contract.

3.2 Public Meetings

3.2.1 Pre-Proposal Meeting (non-mandatory)

HCDE/CP has set up a virtual pre-proposal meeting for responding vendors to call, ask questions and listen while we explain the e-Bid submission process.

3.2.1.1 Invite link, Meeting ID and Passcode will be published in HCDE eBid system to all invited vendors.

3.2.2 Public Bid Opening Meeting (non-mandatory)

HCDE/CP has set up a virtual bid opening meeting to announce the submitted responders.

3.2.2.1 Invite link, Meeting ID and Passcode will be published in HCDE eBid system to all invited vendors.

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4.0 EVALUATION AND AWARD

4.1 Award of Contract

In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the responsible Vendor(s) whose proposal(s) is/are determined after evaluation by HCDE/CP to be the best value to HCDE/CP and to CP members. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document. HCDE shall comply with the Texas Public Information Act in the event HCDE receives an open records request for information relating to proposals submitted in response to this RFP.

4.2 Competitive Range

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

4.3 Conflict of Interest – EDGAR

In accordance with federal EDGAR requirements, 2 CFR § 200.318(c)(1), no employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by a federal award. A conflict of interest includes when the employee, officer, agent, board member, or any member of their immediate family, their partner, or an organization that 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.

An officer, employee, agent, or board member of HCDE may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, through HCDE’s written procedures, HCDE 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 Superintendent’s Office and addressed through HCDE’s personnel policies. Violations of this standard by an officer or the Superintendent shall be addressed to the Board President and addressed through HCDE Board policies.

4.4 Deviations and Exceptions to Requirements

Deviations or exceptions stipulated in a Vendor’s response may result in disqualification. Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified. ANY EXCEPTIONS MUST BE NOTED DIRECTLY BELOW EACH OF THE

RESPECTIVE TERMS AND CONDITIONS AND REDLINED IN “RED.” THE EXCEPTIONS SHOULD BE

UPLOADED INTO THE RESPONSE ATTACHMENTS SECTION OF THE EBID SUBMISSION.

4.5 Clarification and/or Discussions

HCDE/CP may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change, or modify its proposal in any way except to the extent of correction of the error. Discussion between HCDE/CP and Vendor can also take place after the initial receipt of proposals. HCDE/CP reserves the right to conduct discussions with all, some, or none of the Vendor submitting proposals. HCDE/CP will not assist the Vendor in the revision or modification of its proposal, nor will HCDE/CP assist the Vendor in bringing its proposal to the same level of other proposals received by HCDE/CP. Negotiations or discussions, if any, will not consist of a back-and-forth exchange resulting in contract, but rather will seek clarification or obtain equivalent elements.

Questions related to the RFP can be submitted online at http://hcdeebid.ionwave.net no later than five (5) business days prior to the submittal deadline date. All submitted questions and answers will be listed online. Questions will not be answered verbally or by phone.

4.6 No Guarantee of Quantities

HCDE/CP makes no guarantee or commitment of any kind concerning quantities that will actually be purchased under this RFP and the resulting contract, if any. HCDE/CP makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this RFP. Vendors, however, are expected to carry sufficient inventories to service the needs of HCDE and CP members and shall furnish all required goods and/or services to HCDE and CP members at

General eBid RFP (revised September 2024) Page 12 of 38 the stated price, when and if required. Because all commodities will be provided on an “as needed” basis, HCDE makes no representation either orally or in writing to the amount of commodities, services, or related items HCDE or CP members will use during the Term of the Contract.

4.7 Minority and Women’s Business Enterprise (MWBE), Historically Underutilized Business (HUB), Small Business Enterprise (SBE), Veteran-Owned, and Labor Surplus Firms Participation HCDE/CP encourages the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these entities must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre-qualify any subcontractors offered as HUB, MWBE and SBE participants. Some CP members have specific goals for subcontracting requirements and will require that a plan be attached to meet their goals. The Vendor shall also indicate on their submitted proposals whether or not they are a HUB, MWBE, or SBE vendor and with whom they are certified, e.g., State, City, Federal, and attach a copy of the certificate(s) under “Response Attachments” section of the eBid system.

When federal funds are expended by HCDE or a CP member, Vendor is required ensure when possible, that small, minority, women’s business enterprises, veteran-owned businesses, and labor surplus area firms for any subcontracting opportunities are considered as set forth in 2 CFR 200.321 and below. Such consideration means:

(1) These business types are included in solicitation lists;

(2) These businesses types are solicitated whenever deemed eligible potential sources;

(3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;

(4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; and

(5) Utilizing organizations such as the Small Business Administration and the Minority Business Development

Agency of the Department of Commerce.

4.8 Formation of Contract (Execution of Offer)

A response to this RFP is an offer to contract with HCDE based upon the terms, conditions, scope of work, and specifications contained in this RFP. An RFP does not become a contract unless and until it is accepted by HCDE after approval by the HCDE Board of Trustees. A contract is formed when either HCDE’s Superintendent or Assistant Superintendent for Business Support Services signs the Signature Form. The Vendor must submit a signed Signature Form, thus eliminating the need for the formal signing of a separate contract.

4.9 Multiple Awards

HCDE reserves the right to award contracts to multiple vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with HCDE. HCDE may make multiple awards; this fact should be taken into consideration by each Vendor.

4.10 Non-Exclusive Contract

Any contract resulting from this RFP is non-exclusive and shall be awarded with the understanding and Contract that it is for the sole convenience of HCDE and CP members. HCDE and CP members are free to have multiple contracts for the awarded products and/or services and may initiate other procurement solicitations or procurement activity with other suppliers at any time, at HCDE’s or CP members’ sole discretion.

4.11 Disqualification

A Vendor may be disqualified before or after the proposals are opened upon evidence of collusion with the intent to defraud or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage. A Vendor may also be disqualified before or after the proposals are opened in the event Vendor is out of compliance with an existing contract with HCDE.

4.12 Environmental Initiatives

HCDE is committed to reducing waste and promoting energy conservation. Toward that end, Vendors responding to this solicitation are encouraged to provide their company’s environmental policy and green initiative.

4.13 Interpretation

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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.

4.14 Funding

HCDE and CP members receive a variety of federal, state, and/or grant funding. Performance by HCDE and CP members under any contract or Supplemental Contract entered into pursuant to this RFP may be dependent upon the appropriation and allotment of state/federal/grant funds (a “Prime Contract”) and allocation of funds by HCDE/CP members. If HCDE or a CP member is not appropriated or allocated the necessary federal/state/grant funds or its funding under a Prime Contract is eliminated or decreased, or HCDE or a CP member fails to allocate the necessary funds, then HCDE or a CP member will issue written notice to Vendor and HCDE or the CP member may terminate the Contract or Supplemental Contract without further duty or obligation to Vendor. Vendor acknowledges that appropriation, allotment, and allocation of funds may be beyond the control of HCDE and/or CP members. Vendor shall strictly comply with all applicable Prime Contract requirements and all applicable flow-down, referenced, and incorporated provisions therein and shall cooperate with HCDE and the CP member in fulfillment of HCDE’s or the CP member’s obligations under the Prime Contract.

4.15 No Return of Proposals

Once submitted, HCDE will not return proposals to Vendor.

4.16 Non-Collusion Statement

Vendors are required to certify a Non-Collusion Statement. (See Section 10.0 Attachments) Vendors are required to state the party submitting a proposal or bid, that such proposal or bid is genuine and not collusive or sham; that Vendor has not colluded, conspired, connived or agreed, directly or indirectly, with an entity or person, to put in a sham proposal or bid or to refrain from proposing , and has not in any manner, directly or indirectly, sought by Contract or collusion, or communication or conference, with any person, to fix the proposed price or of any other vendor, or to fix any overhead, profit or cost element of said proposed price, or of that of any other vendor, or to secure any advantage against HCDE or any person interested in the proposed contract, and that all statements in said proposal are true.

4.17 Preferences

HCDE may apply applicable preferences for Texas resident Vendors in the event of a tie bid. Preferences must be explicitly claimed by Vendor and may not be applicable in all procurements and/or contracts, including those involving federal funds unless specifically authorized by federal regulations. See TEXAS GOV’T. CODE § 2252.001-.004; 2 C.F.R. § 200.319.

4.18 Responsible Vendor

HCDE may only award contracts to Responsible Vendor(s) who possess the ability to perform successfully under the terms and conditions of a proposed procurement contract. 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. When determining if a vendor is responsible, HCDE will consider the proposer’s integrity, compliance with public policy, record of past performance, and financial and technical resources.

4.19 Responsive Proposal

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

4.20 Similar Products or Materials

Whenever product(s) and/or material(s) are referred by HCDE in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied, as applicable.

The specified product(s) and/or material(s) shall be understood as indicating type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency, as applicable.

4.21 Appeal/Protest Process

Any Vendor who submitted a proposal may appeal HCDE’s award, if the appeal is based on deviations from laws, rules, regulations, or HCDE Board policies. HCDE Board Policy GF (Local) applies to any Vendor wishing to appeal a proposal and/or award of a contract. In accordance with Policy GF (Local), a Vendor shall submit a complaint/appeal

General eBid RFP (revised September 2024) Page 14 of 38 form by hand-delivery, fax, or U.S. mail, to HCDE’s Director of Choice Partners. Complaints/appeals must be received by the close of business on or before the 15th HCDE business day after award of the contract. In the event Vendor is unsure about the award of the contract, it is the Vendor’s responsibility to contact Choice Partners on the next business day after the award is announced and verify details concerning the award.

General eBid RFP (revised September 2024) Page 15 of 38

4.22 Evaluation of Proposals

HCDE/CP represents that it has considered each of the criteria in Texas Education Code § 44.031(b), thereby fulfilling Section 44.031(b)’s requirement that it “shall consider” the criteria listed in 44.031(b); in accordance with Module 5 of the TEA FASRG and applicable federal laws, HCDE/CP has determined which criteria should be considered most important and has assigned weights/points to each criterion based on its importance. A committee of HCDE/CP employees and/or CP members will review and evaluate proposals and make a recommendation to the HCDE Board of Trustees. HCDE/CP will base a recommendation for contract award on the following factors with a minimum score of 70 to be considered for award3:

Evaluation Criteria Point Value

Price: Overall Cost of Program A. Price list, Hourly Wages B. Catalog Discount%

Reputation of Vendor and Vendor’s goods and/or services:

A. References from governmental entities B. Work History C. Accreditations, endorsements D. CP past experience and/or knowledge of vendor performance

Quality of Vendor’s goods/services and extent to which the goods/services meet HCDE and CP members’ needs:

A. Management Team (i.e., Staff List, Resumes, Org. Chart, etc.)

B. Quality certifications C. Quality Assurance/Quality Control plan and Quote process D. Insurance

Impact on ability to comply with laws and rules relating to HUBs 0

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

Financial Capability:

A. Financials statements – stamp “CONFIDENTIAL” B. Annual Sales C. Years in business

Vendor’s past relationship with CP/HCDE and/or CP Member(s):

A. Previously worked with HCDE or CP member(s) B. Previous CP contract performance and/or CP member references or reported activity

Marketing Plan:

The way the vendor will market its good/service to CP members if awarded a contract through:

A. Marketing resources B. Samples

Total Points 100

3 HCDE/CP has the option to adjust (increase or decrease) the minimum score to be considered for award in the best interest of HCDE/CP and its members.

4 HCDE/CP may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products for use in a Child Nutrition Program. See 7 C.F.R. §§ 210 (National School Lunch Program), 215 (Special Milk Program for Children), 220 (School Breakfast Program), 225 (Summer Food Service Program), 226 (Child and Adult Care Food Program).

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5.0 CONTRACT TERMS AND CONDITIONS

These Contract Terms and Conditions are part of the final contract in each product and/or service contract awarded as a result of this RFP and are part of the terms and conditions of each Purchase Order or proposal forms issued in connection with this RFP.

Vendors are responsible for identifying any exceptions to these terms and conditions. ANY EXCEPTIONS MUST BE NOTED DIRECTLY BELOW EACH OF THE RESPECTIVE TERMS AND CONDITIONS, REDLINED IN “RED” AND UPLOADED INTO THE RESPONSE ATTACHEMENTS SECTION OF THE EBID SUBMISSION. Proposals that are qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by HCDE and eliminated from further consideration.

CONTRACT BETWEEN

HARRIS COUNTY DEPARTMENT OF EDUCATION AND

(“VENDOR”)

FOR

ELECTRONIC PROCUREMENT SOFTWARE

This Contract is entered into between Harris County Department of Education, including its cooperative purchasing division Choice Partners (collectively “HCDE” or “HCDE/CP”) and Vendor, having submitted a proposal in response to this RFP issued by HCDE and whose proposal has been accepted and awarded by HCDE. 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, HCDE and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Contract, agree as follows:

5.1 Definitions

The terms used in this Contract shall have the meanings assigned to them in Section 1.0 Notice of Intent of the RFP.

5.2 Use of Contract by CP members

Vendor agrees and understands that this RFP and Contract may be used to accomplish work for HCDE, a local governmental entity and/or a purchasing CP member as provided by Section 1.0 – Notice of Intent.

5.3 Contract Terms; Amendment

The terms and conditions of this Contract shall govern all procurements conducted hereunder. No pre-published terms on Vendor’s Purchase Order, acknowledgments, invoices, or other forms shall have any force or effect unless expressly agreed to by the CP member and Vendor. No amendment of this Contract shall be permitted unless and until first approved in writing by HCDE/CP and, if necessary, the CP member(s), and no such amendment shall have any effect unless and until a written amendment to this Contract is executed by the HCDE Superintendent or his designee after any necessary approvals have been obtained from the HCDE Board of Trustees. In the event that a Vendor has an existing HCDE/CP contract in the same contract title, upon award the new contract will immediately supersede the older contract.

5.4 Term of Contract; Renewal of Contract

The initial term of this Contract is for a period of one (1) year, with HCDE having the option to renew the Contract for four (4) additional one-year terms, at HCDE’s sole discretion, unless otherwise specified in Section 6.0 Scope of Proposal. Consequently, the total term of the Contract may be for a period of five (5) years. The phrase “Term” in this Contract shall mean the then-current Term of the Contract, whether an initial term or a renewal term.

5.4.1 Automatic Renewal of Supplemental Contract(s) Prohibited

Any Supplemental Contract between Vendor and a purchasing CP Member shall not incorporate an automatic renewal clause that exceeds month-to-month terms. Vendor’s renewal terms in a Supplemental Contract shall only be valid and enforceable if such renewal term requires the Vendor to receive written confirmation from the purchasing CP member via purchase order, executed agreement addendum or other written instruction.

This Section 5.4.1 is not negotiable at either the purchasing CP member’s or Vendor’s discretion or authority.

Any Supplemental Contract between Vendor and a CP member that conflicts with this automatic renewal prohibition shall be void and unenforceable. This term ensures that a CP member does not inadvertently or unknowingly renew a Supplemental Contract with Vendor.

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5.5 Termination of Contract; Survival

This Contract shall remain in effect until (1) the Contract expires by its terms or (2) the Contract is terminated by mutual consent of HCDE and Vendor. All Supplemental Contracts, purchase orders, and/or orders for goods or services issued by HCDE and/or CP members and accepted by Vendor shall survive the expiration or termination of this Contract. During the term of any Supplemental Contract entered into between Vendor and a CP member, all terms of this Contract shall continue to apply to the Supplemental Contract.

In the event of a breach or default of the Contract and/or the RFP by Vendor, HCDE/CP reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of HCDE/CP and/or CP members. HCDE/CP further reserves the right to terminate the Contract immediately in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the RFP, this Contract, and/or a Purchase Order; (2) make any payments owed; or (3) otherwise perform in accordance with this Contract and/or the RFP. HCDE/CP also reserves the right to terminate the Contract immediately, with written notice to Vendor, if HCDE/CP believes, in its sole discretion that it is in the best interest of HCDE/CP and/or CP members to do so.

In the event that a material change to the terms of the Contract occurs, then the Contract shall be allowed to expire and shall not be renewed upon the conclusion of the Contract’s term. The phrase “material change” in this paragraph shall mean a modification that substantially exceeds the terms of the original contract between HCDE/CP and Vendor. Upon the expiration of the Contract’s term, HCDE/CP may issue a new RFP for the goods or services procured under the previous contract.

If federal funds are used by HCDE under this Contract, HCDE shall provide written notice of termination to Vendor if HCDE terminates this Contract for any reason stated herein.

Vendor agrees that HCDE/CP shall not be liable for damages in the event that HCDE/CP declares Vendor to be in default or breach of this Contract and/or the RFP. Vendor further agrees that upon termination of the Contract for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or Vendor.

5.6 Prevailing Wage Rates – Construction/Public Works projects only

Vendor and all subcontractors of Vendor shall comply with all laws regarding prevailing wage rates, including, but not limited to, TEX. GOV’T. CODE Chapter 2258, applicable to the construction of a public work, and any related federal requirements, including the DAVIS-BACON ACT. In the event TEX. GOV’T. CODE Chapter 2258 applies to a product or service provided by Vendor to HCDE or a CP member, Vendor and any subcontractor(s) shall comply with the prevailing wage rates set by HCDE or the CP member.

5.7 Change Orders

Pursuant to TEX. EDUC. CODE § 44.0411(a), for HCDE and CP members that are Texas school districts), if a change in plans or specifications is necessary after the performance of a Purchase Order has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, HCDE or the CP member may approve change orders making the changes. The total Purchase Order price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants. HCDE or the CP member may grant general authority to an administrative official to approve the change orders. A Purchase Order with an original contract price of $1 million or more may not be increased under TEX. EDUC. CODE § 44.0411(a) by more than 25 percent. If a change order for a Purchase Order with an original contract price of less than $1 million increases the contract amount to $1 million or more, the total of the subsequent change orders may not increase the revised contract amount by more than 25 percent of the original contract price.

5.8 Compliance with Laws

Vendor 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; anti-discrimination statutes and regulations (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 C.F.R.