ESBD_File_327597_DIR-CPO-TMP-575 Addendum 1.pdf

Addendum

SOLICITATION NUMBER: DIR-CPO-TMP-575

SOLICITATION NAME: Google Branded Products and Related Services

ADDENDUM NUMBER: 1

Addendum Date: July 27, 2023

If you should have any questions regarding this Addendum, please contact:

Scott Wilson

Department of Information Resources 300 W. 15th Street, Suite 1300

Austin, Texas 78701 Internet: scott.wilson@dir.texas.gov

Notice is given to Respondents desiring to submit a response to the above referenced solicitation that additional information is required:

This Addendum modifies the solicitation for DIR-CPO-TMP-575, Google Branded Products and Related Services, released June 9, 2023. It informs interested parties that:

Pre-Solicitation Conference Presentation Slides, Pre-Solicitation Conference Attendee List, and Pre-Solicitation Conference Video Link have been provided. Addendum 1 also updates the RFO title replacing Value-Added Services with Related Services, provides an update to RFO Sections 1.2 Purpose and 2.1.2.1 Related Services, includes RFO Section 2.1.4 Third-Party Products, adds the BidStamp VIS Automated Pricing Form Instructions to RFO Section 2.3 Pricing and Exhibit E Itemized Pricing Form, updates RFO Sections 2.6.2 Proposed Changes and Exceptions, 2.7 Term of Contract, 3.3 Schedule of Events by extending the due date from Tuesday, August 1, 2023 at 2:00 PM (CST) to Tuesday, August 22, 2023 at 2:00 PM, 3.6.3 Required Respondent and Subcontractor Current and Former State Employee Disclosures, and 3.8.3.2 Respondent References.

Respondents are encouraged to acknowledge receipt of all Addenda by providing a completed and signed version of “page one” of each Addendum with their Response. Respondents will be held to all terms and requirements of each Addenda regardless of the provision of a signed “page one.” Respondents will also be held to all terms and requirements of any Addenda issued after their submission of a response to this solicitation.

Respondent Acknowledgment of Receipt

(printed entity name) mailto:scott.wilson@dir.texas.gov

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This addendum to Request for Offer DIR-CPO-TMP-575:

1. Revises RFO Section 1.2 Purpose

2. Revises RFO Section 2.1.2.1 Related Services

3. Includes RFO Section 2.1.4 Third-Party Products

4. Revises RFO Section 2.3 Pricing

5. Revises RFO Section 2.6.2 Proposed Changes and Exceptions

6. Revises RFO Section 2.7 Term of Contract

7. Revises RFO Section 3.3 Schedule of Events

8. Revises RFO Section 3.6.3 Required Respondent and Subcontractor Current and Former

State Employee Disclosures

9. Revises RFO Section 3.8.3.2 Respondent References

10. Includes updated Exhibit E Itemized Pricing Form

11. Includes Pre-Solicitation Conference Presentation Slides

12. Includes Pre-Solicitation Conference Attendee List

13. Includes Pre-Solicitation Conference Video Link

1. RFO Section 1.2 Purpose:

A. The objective of this Request for Offer (RFO) is to solicit Responses from potential Respondents to provide Google Branded Products and Related Services to Customers, acting by and through the Department of Information Resources (DIR). Respondents should be aware that DIR intends to transition away from branded contracts. DIR does not intend to publish any future Google Branded solicitations. Respondents to this RFO, including all awardees, are strongly encouraged to respond to all future RFOs soliciting similar categories of products and services.

B. As a result of this RFO, DIR expects to receive and evaluate Responses and select one

(1) or more qualified Respondents with whom to enter into negotiations. RFO Section 4 EVALUATIONS, NEGOTIATIONS, AND AWARD contains more information regarding evaluation and Respondent selection process. DIR reserves the right to make

(printed name of authorized representative)

(signature of authorized representative)

(date)

Version 1.1 Page 3 of 9 a single award or multiple awards from this RFO. All contract(s) awarded shall be indefinite quantity contracts with no minimum guarantees of any purchases.

C. For administrative efficiency for DIR and its Customers, DIR reasonably anticipates that it will award a finite number of Contracts as determined by the competitive breaks created through evaluation of Responses.

2. RFO Section 2.1.2.1 Related Services:

Related Services are those services that Respondent may perform related to Google branded products as described in RFO Section 2.1.1. Related services may be sold separately from products. For the avoidance of doubt, related services may be proposed by all Respondents, not only by Google entities or their affiliates. Related services which may be proposed by Respondents include:

A. Product Support for Google products;

B. Installation of Google products;

C. Integration of Google products;

D. Maintenance of Google products;

E. Managed services for Google products;

F. Product training for Google products; and

G. Comparable “value-added services” as designated by the manufacturer of Google products.

3. RFO Section 2.1.4 Third-Party Products:

The only third-party products within the scope of this RFO are third-party software products that are embedded, integrated, or installed within Google branded products at the time of purchase. Third-party software cannot be sold separately from Google branded products under this RFO. Third-party hardware and peripherals are not within scope of this RFO. Third-party products that are not within scope may not be proposed by Respondents. Permissible third-party products may be proposed as an option and will be awarded at the discretion of DIR.

Any Respondent offering third-party products must submit a description of those products and the related pricing on DIR’s Automated Pricing Form in the BidStamp VIS.

Respondents may incorporate changes to their authorized Third-Party Product offerings;

however, any changes must be within the scope described in this section herein.

By listing a Third-Party Manufacturer Brand and proposing a Pricing Discount Percent (%) off MSRP, the Respondent attests that it has authorization from the manufacturer to resell

Version 1.1 Page 4 of 9 the products on a resulting DIR contract. At any time prior to contract award and during the contract term, DIR may require a Letter of Authorization from the manufacturer stating that the Respondent has the authorization to sell that manufacturer’s products and/or that the Respondent has the certifications to provide the related services on a DIR contract.

4. RFO Section 2.3 Pricing:

A. Respondents may submit a response for Google Branded Products and Related Services.

B. For the purposes of obtaining pricing and evaluating the responses to this RFO, the products and services, if any, shall be priced and discounted in the excel spreadsheets attached as Exhibit E Pricing Sheet.

C. Respondents must submit pricing on DIR’s Automated Pricing Form in the BidStamp VIS. Failure to respond as instructed may result in Respondents’ offer being disqualified from further evaluation.

1. Respondents must submit the discount(s) of the offerings on Automated Pricing Form in BidStamp VIS (by selecting “Create Pricing Form” button)

Automated Pricing Form: The products shall be categorized as provided on the SAMPLE Exhibit E spreadsheet titled “Pricing Sheet.” Please note: only products shall be included on this Automated Pricing Form in BidStamp VIS, no services shall be included. Respondents must offer only one discount for each product category listed as applicable to the Respondent’s offering. Respondents may bid on any of the product categories listed on Exhibit E Pricing Sheet. The discount for each product category will be applied to all products within the product category to determine the net DIR Customer price. With the exception of Volume Discounts, all Product Category discounts must be entered into DIR’s Automated Pricing Form in the BidStamp VIS.

Product discount ranges and/or averages will not be accepted.

Fields on the BidStamp Automated Pricing Form include:

• Product Category: Enter product family or product category of the proposed brand. Example: Monitors

• Product Sub-Category: If Product Category has different sub-categories, please provide Example: Monitors (product category) LED (subcategory)

• Brand Name: Example: Sony o NOTE: Brand name must be submitted as spelled in the general marketplace. (Example: HoverCam is correct. Hover Cam is incorrect)

• Product Description: Enter full description of product

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• Product Part Number: if providing detailed line item Enter the Manufacturer Part Number or SKU number, if not, enter N/A

• Manufacturer: check if Respondent is the manufacturer

• Reseller: Check the box if vendor is an authorized reseller of the proposed products

• MSRP: Manufacturer’s Suggested Retail Price (MSRP) or List Price

• Discount off MSRP or list price: provide discount for detailed line item.

Provide average discount for each brand.

o For the purposes of this RFO, the following definitions will apply:

List Price: the price at which a product is usually sold to the public and from which a trade discount is computed by a Respondent that is an authorized reseller for a manufacturer.

MSRP: the price of a product which the manufacturer recommends that the reseller sell the product. The intention of the MSRP is to help standardize prices among authorized resellers.

D. Respondent must also upload Itemized Price Sheet (Exhibit E) in BidStamp VIS (“RFO Response Documents” area)

E. Respondents must respond as follows to the Exhibit E Pricing Sheet for each product, service, and/or related service that Respondent wishes to be evaluated for under this RFO. Failure to respond as instructed may result in Respondent’s response being disqualified from further evaluation.

F. Products and Services Pricing. For purposes of this RFO, there are three tabs identified below that are in Exhibit E Pricing Sheet. Respondents shall complete any or all tabs which are applicable to their proposal. See Instructions Tab in Exhibit E Pricing Sheet for completing each tab.

a. Tab 1: Instructions

b. Tab 2: Products, Services, and Related Services

c. Tab 3: Volume Pricing

G. Respondent may propose by product/service, product/service category, brand, or any group of products/services that is applicable to Respondent’s pricing structure if the discount off MSRP is the same for that product/service category, or group of products/services.

H. The DIR Customer Price shall include all shipping, handling fees, and DIR Administrative Fee.

I. Volume Pricing: DIR encourages Respondents to offer Volume Pricing or discount for specific services on the spreadsheet.

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J. DIR is not soliciting Google Branded Products and Related Services for the agency. DIR establishes statewide master contracts for use by DIR eligible customers. DIR competitively bids for information technology products and services.

K. Customers must identify their own needs, then contact an awarded DIR Respondent and obtain a price quote for services. Customers may submit a statement of work or purchase order to the Respondent when obtaining a quote based on their needs. The Customer makes the best value determination and issues a purchase order directly to the Respondent.

5. RFO Section 2.6.2 Proposed Changes and Exceptions:

A. Caution: Respondent’s Response may be disqualified if their exceptions are excessive.

B. Item 13 of Exhibit A Respondent Information contains the format for Respondent to note any exception to any provision, term, or condition specified in the Contract for Product, Services, and Related Services and Standard Contract Terms and Conditions Cooperative Contracts. Respondent should provide any proposed changes to contract language in redline in the “Proposed Language (redline)” column of the chart in Item 12 of Exhibit A Respondent Information. Failure to abide by these instructions may result in DIR rejecting all exceptions submitted by the Respondent.

C. Respondents may request exceptions to standard contract terms and conditions, provided that they provide a legally sustainable reason for the exception (i.e., NOT “My prior contract had the same exception”). If Respondent is unable to comply with these provisions, the Respondent’s Response may be subject to disqualification from further consideration. DIR in its discretion may or may not accept the Respondent’s requested exceptions; exceptions submitted without a legally sustainable reason will not be considered. Material deviations (including excessive, additional, inconsistent, conflicting, or alternative terms) may render the Response non-responsive and may result in rejection of the bid. In addition to the explanation as to why the Respondent cannot comply with the provision, term, or condition, proposed alternative language must be included in the Response. If Respondent fails to note any exception, Respondent will not be allowed to request an exception at some later date.

D. DIR reserves the right to make changes to the Contract or the Standard Terms and Conditions if it is in the best interest of the State to do so. Should this occur prior to the award of any Contract, any Respondent selected for negotiations will be notified.

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6. RFO Section 2.7 Term of Contract:

A. DIR anticipates that the term of the Contract will be an estimated two (2) years with one (1) optional two-year renewal and one (1) optional one-year renewal to be exercised by DIR at its discretion. Respondents should be aware that DIR intends to transition away from branded contracts. It is DIR’s intention to complete this transition prior to the end of the initial term; thus, DIR does not intend to exercise the optional renewals. DIR does not intend to publish any future Google Branded solicitations. Respondents to this RFO, including all awardees, are strongly encouraged to respond to all future RFOs soliciting similar categories of products and services.

B. RFO Section 3.8.3.4 contains the format for Respondents to note any exception to any provision, term, or condition specified in the RFO.

C. Any objections or exceptions should be noted in keeping with RFO Section 3.8.3.4.

D. In the event of prolonged Contract negotiations due to the number and/or significance of exceptions taken, lack of responsiveness, or other failure to close Contract negotiations on the part of Respondent that are not due to a failure on the part of DIR, DIR may, in its sole discretion, bypass the Respondent and commence negotiations with the next-highest scoring Respondent, or continue with the current Respondent with a shorter contract term.

7. RFO Section 3.3 Schedule of Events:

Date/Time Activity

June 9, 2023 Publish RFO on Electronic State Business Daily

June 21, 2023 9:00 AM (CT) Optional Pre-Proposal Webinar

June 26, 2023 5:00 PM (CT) Deadline for submitting questions

August 22, 2023 2:00 PM (CT) Deadline for DIR to receive Vendor references Deadline for submitting responses to RFO

August 23, 2023 – until completed Evaluation of responses, oral presentations (if requested), negotiations, and contract execution

8. RFO Section 3.6.3 Required Respondent and Subcontractor Current and Former State Employee Disclosures:

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Respondent shall disclose, for itself and on behalf of all of its Subcontractors, in its response to Exhibit A Respondent Information, Section 14 Respondent and Subcontractor Conflict of Interest Disclosure, all of the following:

A. Any current or former employees of Respondent who will spend twenty percent (20%) or more of their time on the Contract and are current or former employees of DIR within the past five (5) years;

B. Any proposed Respondent personnel assigned to work directly on the Contract twenty percent (20%) or more of their time who are related within two (2) degrees of consanguinity of any current or former employees of DIR. Disclosure of former state employees may be limited to the last five (5) years; and

C. Respondent will certify that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If Section 669.003 applies, Respondent will complete the following information in order for the Response to be evaluated: Name of Former Executive, Name of State Agency, Date of Separation for State Agency, Position with Respondent, and Date of Employment with Respondent.

9. RFO Section 3.8.3.2 Respondent References:

Respondent must complete the top portion of and send Exhibit F Reference Form to a minimum of three (3) companies or government agencies who are capable of providing comment on the Respondent’s ability to provide the services described in this RFO and who are willing to do so. Reference should be able to comment on work performed by the Respondent in the past five (5) years. Instructions are included in Exhibit F Reference Form. DIR is not responsible for undeliverable e-mails or for non-responsive references.

Respondent’s references will be considered in accordance with RFO Section 4.2.2 Weighted Evaluation Criteria. References must respond directly to DIR on the form provided by the due date in order to be considered for evaluation. Exhibit F Reference Form must be submitted by the reference directly to the point of contact listed in the Reference Form. The Respondent may not submit the reference form to DIR. Completed Exhibit F Reference Forms submitted by the Respondent will NOT be considered. DIR may contact References for clarification at DIR’s discretion.

10. EXHIBIT E ITEMIZED PRICING FORM:

Please see the following pages.

11. PRE-SOLICITATION CONFERENCE PRESENTATION SLIDES:

Please see the following pages.

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12. PRE-SOLICITATION CONFERENCE ATTENDEE LIST:

Please see the following pages.

13. PRE-SOLICITATION CONFERENCE VIDEO:

Video Link: https://youtu.be/tkUJA87jehU https://youtu.be/tkUJA87jehU

Related Services are those services that Respondent may perform related to Google branded products as described in RFO Section 2.1.1. Related services may be sold separately from products. For the avoidance of doubt, related services may be proposed b...