www.bvcog.org

REQUEST FOR PROPOSALS

25-203

“EPROCUREMENT AND CONTRACT MANAGEMENT

SOLUTIONS”

RELEASE DATE: November 14, 2025 DEADLINE FOR QUESTIONS: December 10, 2025

RESPONSE DEADLINE: December 19, 2025, 3:00 pm CT

PAPER RESPONSES MAY BE DELIVERED TO:

Purchasing Solutions Alliance

Center of Regional Services Building 3991 E. 29th Street Bryan, Texas 77802

Proposals must be delivered during regular business hours, M-F 8:00am-5:00pm http://www.bvcog.org/

Purchasing Solutions Alliance

Request for Proposals eProcurement and Contract Management Solutions

Table of Contents

1. Introduction

2. Technical Specifications and Scope of Work

3. Pricing

4. Proposal Evaluation

5. Instructions for Submitting Proposal

6. RFP Administration

7. Contract Administration

8. Vendor Performance Under Cooperative Contract

9. PSA Terms and Conditions

10. Insurance Requirements for PSA Vendors

11. Definitions, Abbreviations, and Acronyms

Attachments:

A - Offeror_Acknowledgement_&_Certification B - Proposer Certifications 25-203 C - Conflict_of_Interest_Questionnaire D - Sample Contract 25-203

RFP 25-203

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 eProcurement and/or Contract Management Solutions to PSA Members.

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 by local government agencies, certain state agencies, school districts, higher education, and non-profit 501(c)(3) organizations 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.

Offerors are to propose the broadest possible selection of eProcurement and Contract Management and Solutions they offer. A Contract resulting from this RFP may include, but not be limited to, the following types of service categories:

• Enterprise Sourcing Software - supplier registration and management, electronic bidding, reverse auction, bid workflow, approved vendor, etc.

• eProcurement Software - building out Request for Proposals (RFPs), posting RFPs publicly, receiving proposals, evaluations, awarding contracts, etc.

• Contract Management Software - building out contracts, posting publicly, posting amendments, contract management, insurance certification management, renewal/expiration reminders, etc.

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 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.

Kaitlin Boles Program Assistant 3991 E 29th St Bryan, TX 77802 Email: kboles@bvcog.org Phone: (979) 595-2801 Ext: 2048 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.

Release Project Date November 14, 2025

Question Submission Deadline December 10, 2025, 5:00pm

Question Response Deadline December 12, 2025, 5:00pm mailto:kboles@bvcog.org tel:(979)595-2801;ext=2048

Proposal Submission Deadline December 19, 2025, 3:00pm Center for Regional Services 3991 E 29th St Bryan TX 77802 Note that all times are in Central Time.

Contractor Selection Date January 9, 2026

2 Technical Specifications and Scope of Work

Purchasing Solutions Alliance (PSA), a non-profit cooperative purchasing program of the Brazos Valley Council of Governments (BVCOG) is soliciting proposals from experienced and qualified vendors to provide eProcurement and/or Contract Management Solutions to PSA Members.

2.1 Products and Services

PSA intends to contract to provide comprehensive eProcurement and Contract Management Solutions to current and potential PSA members. PSA members will be able to utilize the services awarded in a contract either individually or in any combination thereof through the execution of a Supplemental Agreement.

Offerors are to propose the broadest possible selection of eProcurement and Contract Management and Solutions they offer. A Contract resulting from this RFP may include, but not be limited to, the following types of service categories:

• Enterprise Sourcing Software - supplier registration and management, electronic bidding, reverse auction, bid workflow, approved vendor, etc.

• eProcurement Software - building out Request for Proposals (RFPs), posting RFPs publicly, receiving proposals, evaluations, awarding contracts, etc.

• Contract Management Software - building out contracts, posting publicly, posting amendments, contract management, insurance certification management, renewal/expiration reminders, etc.

The software may be offered as a product or as a service. Offerors may respond to some or all of the services described above.

In addition to the services described, responding Offerors may submit proposals that include related services that are frequently included with eProcurement Solutions that might prove beneficial to PSA End Users. These offerings will be considered and evaluated. PSA reserves the right to accept any or reject additionally proposed products or services in the best interest of BVCOG, PSA and its participating member entities.

2.2 Purpose

The purpose of this RFP is to generate one or more cooperative contract(s) that satisfy all state and federal guidelines for competitive procurement. Offerors may propose solutions for eProcurement, contract management, or both. Because these two products are so often bundled together, they are being presented in a single Request for Proposals (RFP); however, vendors are not required to offer both products in order to be awarded a contract resulting from this RFP.

2.3 eProcurement Features EProcurement solutions are expected to provide the following list of features. This is not an exhaustive list, and vendors may offer more features with their product. Any deviations from this list should be clearly identified in your Response to this RFP.

1. Vendor Registration and Management o Self-service vendor registration portal o Automated vendor approval workflows o Vendor performance tracking and reporting

2. Sourcing and Bidding o Creation and management of RFIs, RFPs, and RFQs o Automated bid evaluation and scoring o Electronic bid submission and opening

3. Purchase Requisition and Order Management o Automated requisition approval workflows o Integration with existing financial systems o Real-time order tracking and status updates

2.4 Contract Management Features

Contract management solutions are expected to provide the following list of features. This is not an exhaustive list, and vendors may offer more features with their product. Any deviations from this list should be clearly identified in your Response to this RFP.

1. Contract Creation and Authoring

Template-based contract creation

Clause library with standard and custom clauses

Automated contract approval workflows

2. Contract Repository

Centralized, searchable contract repository

Version control and audit trails

Secure access controls and permissions

3. Contract Compliance and Monitoring

Automated alerts and notifications for key dates and milestones

Compliance tracking and reporting

Integration with eProcurement and financial systems

4. Reporting and Analytics

Customizable dashboards and reports

Real-time data analytics and insights

Exportable reports in various formats (PDF, Excel, etc.)

2.5 Other Features

Offerors are encouraged to propose any additional services and features not listed above. This could include integration with existing financial and ERP systems, security, training, and implementation services.

2.6 Technical Support

Technical support is required for the proposed products. Offerors are asked to provide their hours of technical support, methods of support delivery, and customer support tiers if available.

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

All cost proposals must be firm quotations for the initial term of the contract period. 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 for members.

All pricing for software/solutions must be listed by applicable module, itemized and shall include, but not limited to:

• All traditional license purchasing pricing/fees and annual SAAS/fees

• All annual maintenance and support pricing/fees

• All training and associated pricing/fees/expenses

• All implementation and installation pricing/fees/expenses

• All remote management and hosting pricing/fees

• All applicable renewal pricing options that include any escalating percentage price increases

• All pricing options for monthly vs annual payments

Cost proposals should include description of the licensing, whether the license is priced by enterprise (a site license), by number of seats, or by number of individual users.

3.2 Complete Pricing

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

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 2026. In March 2030, the customer should be able to compare that invoice to the contract and any published price lists from December 2026 to verify that the correct pricing was invoiced per this contract.

3.4 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.

3.5 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 and are covered by all terms and conditions in the contract.

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 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. Price increases must reflect actual increases in the vendor's cost, and requests for increases must be accompanied with proof of cost increases. 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. Cost Proposal The total cost of the offered product and services should be competitive. Any optional or required additional fees will be considered.

Points Based 40 (40% of Total)

2. Product Offering Offeror is evaluated on the products offered in the proposal. The following items may be taken into consideration:

• Robustness of product features offered

• Usability

• References and/or customer reviews

Points Based 20 (20% of Total)

3. Training Offerors are evaluated based on their training options, and whether they are sufficient for the complexity of the product.

Points Based 5 (5% of Total)

4. Technical Support and Customer Satisfaction Offerors are evaluated on their hours of technical support, methods of support delivery, and customer support tiers. Customer service delivery should be appropriate for the complexity of the product.

Points Based 10 (10% of Total)

5. Vendor Experience and Qualifications Qualified Offerors are financially stable, ethically sound, have extensive experience in servicing the public sector, and be a subject matter expert in their field. Offeror must have extensive experience in working with government agencies, schools, and/or universities. 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.

Points Based 10 (10% of Total)

6. 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.

Points Based 15 (15% of Total)

5 Instructions for Submitting 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 Paper Response

All Proposal responses to the RFP must be submitted in paper format. Electronic responses will not be accepted.

Proposal 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.

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):

A. Name and Address of Offeror

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

C. Bid/Proposal RFP number

D. 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 Technical Response

Due to the complexity of responses and to aid in evaluation, the Proposal 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 - Product Offerings: Fully describe the products and services offered in your proposal.

Discuss any optional features/services. Discuss any customization options that are available. Discuss the typical installation process, as well as integration services.

Describe minimum hardware or software requirements if applicable. Include any maximum limitations on connected devices if applicable. List all network requirements necessary for full functionality of the product. Include a description of any and all necessary protocols, bandwidth requirements, levels of connectivity (i.e. LAN, Internet, direct‐dial, etc.) and any other relevant information for full functionality of any services offered under proposal.

Section 3 - Usability: Discuss the usability of your product offerings. Include screenshots. Discuss the average training time needed for a typical user and system administrator to become proficient in your product.

Section 4 - Training: Discuss training documentation available to users, as well as any training services offered, either through virtual meetings or on-site visits.

Section 5 ‐ Technical Support: This section should include detailed descriptions of all maintenance plans technical support offered by the vendor, including the following:

• Support hours

• Methods of support delivery (phone, e‐mail, on‐site, etc.)

• Levels of support included with base plan and additional support tiers available for extra cost

• List of issues specifically excluded from support (if any)

• Maintenance services included (software patches, software customization, consulting, other)

• End User documentation

Section 6 ‐ Cost Proposal: The Cost Proposal should clearly illustrate the price breakdown of all products services and any related expenses associated with the contract. Include any planned price increases.

Section 7 - Vendor Qualifications and Experience: Briefly describe your company’s history and experience in the industry. Describe your core values and business philosophy. 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 8 - 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 9 - 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 10 - 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. 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

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

3. 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 John L. Durrenberger Chair, The Honorable Kyle Kacal, 1st Vice Chair, the Honorable Byron Ryder, 2nd Vice Chair, the Honorable Keith Schroeder, Secretary, the Honorable Molly Hedrick, Immediate Past Chair.

4. 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. Publicly traded companies are not required to submit this form. See ethics.state.tx.us/resources/FAQs for more information about Form 1295.

5. End User Service Agreement: Include a copy of all service agreements or user agreements that may be required for the end users.

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

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

8. 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, electronic, 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, Wednesday, December 10, 2025. 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 Friday, December 12, 2025.

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

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 Vendor Performance Under Cooperative Contract

This RFP will result in a cooperative purchasing contract. As such, the contract defines all pricing and terms and conditions that will be used when each PSA member makes a purchase based on this contract. The contract is competitively procured according to the rules set forth in 2 CFR Part 200;

consequently, it satisfies the procurement guidelines of most federal funding agencies as well as Education Department General Administrative Regulations (EDGAR) for K-12 schools.

For a local government, school, or nonprofit to use this contract, they must be a member of PSA.

Membership is based on a mutually signed Interlocal Purchasing Agreement, which can be found on the psabuy.org website. There is no cost to membership, and there are no future purchasing commitments.

All responses to this RFP will be evaluated and ranked on each of the published evaluation criteria.

The highest-ranked Vendor(s)s will be awarded the cooperative contract. As government agencies, schools, and nonprofits make purchases based on the cooperative contract, the vendor will submit monthly reports and administrative fees to PSA according to the terms outlined below.

8.1 PSA Administration Fee

An Administration Fee shall be collected by PSA from the Contractor for all sales which are based on a PSA contract. Unless negotiated otherwise, the fee on all Contractor sales made pursuant to the PSA contract is to be calculated by multiplying the total monthly invoice amount by 3%. Contractor will remit the total Administrative Fee due with the monthly report described below.

All proposed prices, fees and discounts shall consider the required Administration Fee and shall be all inclusive prices. Offerors are encouraged to propose alternative methods of assessing and calculating administrative fees to PSA based on industry standards and company policy. In no case shall End Users be invoiced any amount or fee that exceeds the Contractor’s proposed and finally negotiated contract pricing/fee schedules. More specific instructions and information regarding handling of purchase orders and the administrative fee may be provided after contract award. The established procedures for payment and reporting sales stated within this RFP may be changed by contract amendment.

Any exclusions to the PSA Administrative Fee must be stated very clearly in the response.

8.2 Monthly Reporting

Contractor agrees to submit written monthly reports and payment to PSA for all transactions/sales during the previous month. Such reports shall include, but are not limited to the following

• End User name

• End User billing address

• End User contact name and email

• Product/Service dollar amount billed to customer

• PSA Administrative Fee amount

Reports must be provided to PSA in an Excel or other acceptable electronic format. Reports shall be submitted with the PSA Administrative Fee by the 20th day of the month following the applicable month being reported. If Contractor fails to submit to PSA in a timely and satisfactory manner any such payment, report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract.

Initiation and submission of the Sales Report is the responsibility of the Contractor without prompting or notification from PSA. If no orders are received during the period, the contractor must submit a report stating that there was no activity.

PSA may require additional ad hoc reports such as usage reports or special report requests. The Contractor shall submit these specific ad hoc requests in a timely manner as requested by PSA.

8.3 Marketing and Publicity

PSA requires Contractors to "market" the contract, and provide information and artwork to be used in published promotional materials. Any publicity or published material released by Contractor referencing the contract, whether in the form of a press release, flyer, brochure, photographic coverage, or verbal announcement, shall be copied to PSA. In addition, the Contractor will be required to provide the items and/or services listed herein.

The intent of these requirements is to form a basis through which the successful Contractor and PSA can jointly and effectively market the Contract. The successful Contractor will be consulted on a regular basis and asked to evaluate the on-going marketing plan and to submit recommendations for improvements. The objective is to maintain a cost efficient and highly productive means of marketing the Contractor, PSA and a high-value contract.

The following marketing items shall be required during the term of the contract:

A. Press Release:A press release, including logos, brands and taglines for PSA’s use in various marketing campaigns, shall be provided electronically within ten (10) days of the date the contract is executed. The development of the text and format of the press release shall be a joint effort between the Contractor and PSA. Examples of PSA approved press releases are available at: www.psabuy.org.

B. Sales Brochures: A formal sales brochure shall be prepared and submitted in hard copy and electronic form and in sufficient quantities for PSA’s use in marketing the Contractor’s offerings through the PSA contract within thirty (30) days of the date the contract is executed. The brochure shall be co-branded, contain detailed information about the PSA program, the Contractor, the offerings and contact information for the designated person(s) familiar with the contract offerings. The brochure shall be presentation quality and provide a highly favorable impression of PSA, the Contractor and the program. PSA will assist in the development of this brochure by providing PSA specific information, logos and feedback on the style and text included in draft versions.

C. Advertisements: Contractor will produce and maintain full color camera ready print advertisements in electronic form containing logos for both programs, contain information about Contractor and the PSA program, the contract offerings, and contact information for the designated person(s) familiar with the contract offerings. The advertisements will be maintained for use by the Contractor and PSA.

D. Web Site:In addition to the requirement that PSA Contractors maintain a general use web site, Contractor shall maintain a page on its website specifically to provide information about the PSA contract. The page(s) shall be co-branded and specifically devoted to the PSA/Contractor offering to its members and be available to the public within thirty (30) days of the date the contract is executed. The page shall contain detailed information about the PSA program, the Contractor, the offerings, and the contact information for the designated person(s) familiar with the contract offerings.

E. Tradeshows:Outline your proposed involvement in trade shows to promote the PSA contract. Identify appropriate national or trade shows to attend and what types of materials will be made available at the trade shows.

F. Contract Rollout: Describe how you intend on introducing this program to your company, and how your company will promote the PSA contract to all government/public entities to drive immediate participation.

G. Marketing:The successful Contractor will be required to market the PSA contract to members and prospective members through various means including email notifications, direct mail, telemarketing and direct…