ESBD_File_347685_RFP-24-202-2024-01-08-15-16-05.pdf

www.bvcog.org

REQUEST FOR PROPOSALS

24-202

“PROMOTIONAL PRODUCTS”

RELEASE DATE: January 8, 2024 DEADLINE FOR QUESTIONS: January 24, 2024

RESPONSE DEADLINE: January 31, 2024, 3:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

OpenGov.com

OR

PAPER RESPONSES MAY BE DELIVERED TO:

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

Brazos Valley Council of Governments

Request for Proposals Promotional Products

Table of Contents

1. Introduction

2. Technical Specifications and Scope of Work

3. Pricing

4. Proposal Evaluation

5. Instructions for Preparing 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

12. Vendor Response

Attachments:

A - Conflict_of_Interest_Questionnaire B - Offeror_Acknowledgement_&_Certification C - Cost Proposal 24-202

RFP 24-202

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 promotional items 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.

1.2 Background

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

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

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

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

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

1.3 Contact Information

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

Susan Lightfoot, Program Administrator.

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

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

Procurement

Department Head:

Susan Lightfoot Program Administrator

1.4 Timeline

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

Release Project Date January 8, 2024

Question Submission Deadline January 24, 2024, 5:00pm

Question Response Deadline January 26, 2024, 5:00pm

Proposal Submission Deadline January 31, 2024, 3:00pm

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 promotional items to PSA Members.

This contract will enable the agencies to purchase on an “as needed” basis from a competitively awarded contract with high-performance vendors.

PSA prefers to award an exclusive contract to the company who is most able to:

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

• Provide a variety of quality products/services;

• Provide highly competitive pricing; and

• Provide value-added and superior customer services.

It is the intent of this solicitation that other governmental organizations and agencies throughout the continental United States may purchase identical items at the same unit pricing and the same general terms and conditions, subject to the applicable state and federal laws. PSA reserves the right to award multiple contracts based on geographic area or by designated segments of products/services solicited in this RFP.

2.1 Products and Services

PSA intends to contract to provide a comprehensive array of promotional items to current and potential PSA members. Offerors are to propose the broadest possible selection of promotional items and services they offer. A contract resulting from this RFP may include, but not be limited to, apparel, drinkware, stationery and pens, etc. In addition to promotional items, responding Offerors may submit proposals that include related services such as graphic design services, discounts for early payment, etc. 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 Value Added Services

Offerors are encouraged to provide additional value added services. These services are not required, but will be considered and evaluated. Examples of value added services include equipment maintenance and repair services, product dispenser programs, product or equipment demonstrations and training, new equipment sales in-service training, consulting services and product assessment or evaluation, other training and certification of custodial personnel, etc. PSA reserves the right to accept or reject any additionally proposed products or services in the best interest of PSA participating member entities.

2.3 Expectations for Equipment/Products and Services Being Proposed

A. Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the promotional items industry, as they are generally understood and accepted within that industry across the nation. Deviations from industry standards must be identified by the Offeror and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal.

B. New/Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services.

C. Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes.

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

2.4 Offered Product Item Variances

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

2.5 Requirements Applicable to Physical Goods

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

• Be new, unused, and not refurbished.

• Not be a prototype insofar as the general design, operation and performance. This requirement is NOT meant to preclude Offeror from offering new models or configurations which incorporate improvements in a current design or add functionality, but which in such new model or configuration may be new to the marketplace.

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

• Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a particular Product as may be purchased simultaneously by any individual End User.

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

• Be available for inspection at any time prior to or after procurement.

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

2.6 Product Notices

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

2.7 Manuals

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

2.8 Warranty

Unless otherwise addressed, the following Warranty requirements shall apply:

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

B. Warranties shall be manufacturer's standard.

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

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

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

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

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

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

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

3 Pricing

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

3.1 Cost Proposal

Please submit pricing by completing the attached Microsoft Excel file named Cost Proposal.

In this spreadsheet, indicate the basis of the pricing, such as Manufacturer's Suggested Retail Price (MSRP), vendor's catalog pricing, or any other applicable set pricing. Vendor shall also indicate the discount offered, as well as any fees that may be charged on orders. It is the vendor’s responsibility to keep all catalog/list pricing up to date and on file with PSA.

3.2 Indefinite Quantity, Indefinite Delivery (IDIQ)

This RFP requests pricing for an indefinite quantity of products or related services, which may be ordered at any time during the contract period. While this RFP represents significant sales potential, PSA makes no guarantees about the quantity of products or services that members will purchase.

3.3 PSA Administrative Fee

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

3.4 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 2024. In March 2026, the customer should be able to compare that invoice to the contract and any published price lists from December 2024 to verify that the correct pricing was invoiced per this contract.

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.

3.6 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.

https://procurement.opengov.com/portal/psa/projects/73851/document?section=655207

3.7 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.

3.8 Shipping

All shipping and restocking fees must be identified in the price proposal. Proposals will be evaluated not only on the actual cost of shipping, but on the relative flexibility extended to PSA members regarding any restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects that impact overall value of the Contract.

Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products be returned within a reasonable time at no cost to the PSA member. PSA and PSA members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery.

The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval of the PSA member.

Throughout the term of the Contract, Offeror agrees to pay for the return shipment on products that arrive in a defective or inoperable condition. Offeror must arrange for the return shipment of the damaged products.

3.9 Complete Pricing

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

3.10 Product and Price Changes

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

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

4 Proposal Evaluation

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

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

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

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

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

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

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

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

No. Evaluation Criteria Scoring Method Weight (Points)

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

Points Based 40 (40% of Total)

2. Scope and Quality of Products Offeror should provide a wide range of commonly needed products. Products should be of high quality with quality assurance steps in place for customer orders.

Points Based 25 (25% of Total)

3. Vendor Experience and Qualifications Qualified Offerors are financially stable, ethically sound, and have extensive experience in servicing the public sector. Offeror must have extensive experience in working with government agencies, schools, and 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 15 (15% of Total)

4. 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.

• Expected effectiveness of the Marketing Proposal.

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

Points Based 10 (10% of Total)

5. Value Added Services Offerors are encouraged to list and provide detailed descriptions of any additional products and/or services that will enhance and add value to this Contract for PSA participating member entities. 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 PSA and its participating member entities.

Examples include graphic design, incentive programs, and prompt payment discounts.

Points Based 5 (5% of Total)

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

If a proposal fails to meet a material solicitation document requirement, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the solicitation. Immaterial deviations may cause a proposal to be rejected.

Points Based 5 (5% of Total)

5 Instructions for Preparing Proposal

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

5.1 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.

5.2 Electronic or Paper Response

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

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

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

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

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

1. Name and Address of Offeror

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

3. Bid/Proposal RFP number

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

5.3 Additional Response Requirements

Offeror’s Response may be deemed non-responsive if all required PSA forms and documents are not properly completed. Offeror must submit all documents included in the RFP Submission

Checklist found in the Attachments Section of this RFP. Offeror may not modify the format of any PSA form in any way, but may only fill in information and add lines if needed. In certain cases, the cost proposal form may be modified in accordance with instructions provided for the form. Offeror may photocopy or print blank forms as needed.

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

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

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

5.4 Technical Response

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

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

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

Section 2 - Scope and Quality of Products: Fully describe the products and services offered in your proposal. Discuss the quality of the products, as well as the quality assurance steps in place for customer orders.

Section 3 - 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 4 - 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. Describe your sales area.

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 5 - 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 6 - Value Added Services: List and describe any value added services. These services are not required, but will be considered and evaluated. Examples include graphic design, incentive programs, and prompt payment discounts.

Section 7 - Exceptions to RFP: Identify any exceptions the vendor is taking to the requirements of this RFP, the contract or any other attachments.

5.5 Required Attachments

The following attachments are required with your proposal submission:

1. Cost Proposal: Complete the Cost Proposal that was provided as an attachment to this RFP.

Submit the Cost Proposal as a Microsoft Excel spreadsheet. The Cost Proposal should clearly illustrate the discount, basis for the discount (MSRP, catalog pricing, etc), and all other fees associated with the Contract.

2. 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

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

4. 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 Clark Osborne, Chair, The Honorable Molly Hedrick, 1st Vice Chair, The Honorable John L. Durrenberger, 2nd Vice Chair, The Honorable Duane Peters, Secretary, The Honorable Joe Fauth, III, Immediate Past Chair.

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

6. Proposer Certifications: 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.

5.6 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, January 24, 2024. Submit all questions about this RFP through the OpenGov portal associated with this RFP.

All questions will be answered in OpenGov throughout the RFP process, and no later than Friday, January 26, 2024.

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

6.2 Revisions to the RFP

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

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

6.3 RFP Change Requests

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

6.4 Vendor Point of Contact

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

6.5 Offeror's Responsibility

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

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

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

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

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

6.6 Ownership of Documents

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

6.7 Best Value Standard

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

• purchase price, including payment discount terms

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

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

• Offeror's past relationship with PSA

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

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

• conformity to specifications

• financial condition

• delivery terms

• any relevant criteria specifically listed in the Request for Proposals

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

• the cost of any employee training associated with a purchase

6.8 PSA Rights Reserved

PSA reserves the following rights with regard to the RFP:

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

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

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

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

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

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

6.9 Open Competition

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

6.10 Specific Descriptive References

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

RFP.

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

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

7 Contract Administration

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

7.1 Contract Term

This contract shall become effective from date of acceptance and approval by the BVCOG Board of Directors or designee. It shall remain in full force and effect for a period of two (2) 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 three (3) 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 Minimum Order

There shall be no requirements associated with this contract for minimum order, maximum frequency or quantity of orders. End Users are not required to utilize, nor purchase products from the contract. End Users have the option (no obligation) to purchase products based on the resulting contract.

8.4 Ordering/Billing

In…