ESBD_File_354374_24-PUB-R-0026 Request for Proposals Document.pdf

REQUEST FOR

PROPOSALS (RFP)

FOR

Installation and Configuration of Wireless Backup Network Hardware

CVCOG Program: Public Safety

Solicitation Number: 24-PUB-R-0026

PROCUREMENT CONTACTS

PRIMARY SECONDARY

Crystal Garcia Jaylon Seales

Procurement Lead Contract & Open Records Manager crystal.garcia@cvcog.org jaylon.seales@cvcog.org

(325)944-9666 ext. 227 (325)944-9666 ext. 282

SOLICITATION TIMELINE

EVENT DAY DATE(S) TIME

CVCOG Date of Solicitation Issuance:

Wednesday March 27, 2024 -

Pre-Proposal Conference: - - -

Due Date for Written Questions: Wednesday April 10, 2024 5:00 PM

Anticipated Posting of Agency’s Written Answers:

Wednesday April 17, 2024 -

Deadline for Submission of Proposals:

Tuesday April 23, 2024 4:00 PM

CVCOG Admin Review & Evaluation of Proposals:

Wednesday - Wednesday

April 24 – May 1, 2024 -

CVCOG Anticipated Notice of Intent to Award Contract(s):

Wednesday May 2, 2024 -

Board Review and Decision Date: Wednesday May 8, 2024 2:00PM

Anticipated Commencement of Services:

- May – June 2024 -

1. AGENCY INFORMATION AND INTRODUCTION

The Concho Valley Council of Governments, hereinafter referred to as “CVCOG”, is a voluntary organization of local governments organized in 1967 under authority granted by the Texas Legislature in 1965 (Chapter 391, Local Government Code). Under provisions of the law, Councils of Governments are political subdivisions of the state, but they are not governments because they have no authority to make laws, levy taxes, or exercise police powers. Councils of Governments are specifically authorized to:

conduct planning;

assist local governments in implementing plans;

provide technical assistance, grant writing and grant administration services;

contract with local, state and federal governments and other public and private agencies;

review and comment on applications for federal and state grants-in-aid and solid waste permits; and assist local governments in solving governmental problems.

The Concho Valley Council of Governments is one of 24 regional councils in Texas. The geographic boundaries of the councils must coincide with the state’s planning regions as designated by the Governor. Membership in Texas’ Councils of Governments includes almost 2,000 local governments and all of the state’s 254 counties.

Policy decisions for the Council are made by its Executive Committee composed of a representative chosen by the local government members of each county, a member of the board of the largest school district, a member representing the region’s largest city, and two members of the Texas legislature whose districts lie partially or wholly within the region.

One of the main goals of CVCOG is to foster a cooperative effort in resolving problems, policies, and plans that are common and regional. Included in CVCOG are the following programs:

● 2-1-1 Texas

● Aging and Disability Resource Center

● Area Agency on Aging

● Concho Valley Council of Governments Administration

● Concho Valley Transit District

● Criminal Justice

● Concho Valley Economic Development District

● Foster Grandparents

● Head Start and Early Head Start

● Homeland Security

● Concho Valley Regional Law Enforcement Academy

● Regional 9-1-1

● Regional Services

● RSVP

● Senior Companion

● Solid Waste

2. SCOPE OF WORK AND SPECIFICATIONS

Introduction and Background CVCOG 9-1-1 is responsible for equipment installation, maintenance, and networking at 15 Public Service Answering Points (PSAPs), across a 13-county region consisting of Coke, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Reagan, Schleicher, Sterling, Sutton, and Tom Green counties. CVCOG 9-1-1 currently utilizes a wireless 4G backup network (WBN) to failover the primary private fiber network in case of an outage to the primary network. The current WBN utilizes 4G ATT cellular network cards, existing 4G Netgear Nighthawk modems, and existing external building antennae.

CVCOG 9-1-1 seeks to replace the existing 4G ATT service with 4G FirstNet service and replace the existing modem hardware with new hardware procured separately. The existing external antennae infrastructure will be utilized

Scope of Project Fifteen (15) of the following items have been procured by CVCOG 9-1-1 from a separate authorized reseller. The prospective vendor will need to remove the old modems from each of the 15 PSAPs, and install the new modems.

XR80 CAT 20 LTE (not 5G capable) comes with a DC power cable

XR80, 4G LTE Cat-20 Router, North America, includes 1-year AirLink Complete

DC 1104881

5yr Warranty, Support, Cloud management

Extend AirLink Complete - (XR80, new device) - to 5 year

5 year 9010394

Contractor Requirements Contractor will be required to attend regular calls hosted by CVCOG and relevant vendors to coordinate work to be completed throughout the project timeline The prospective contractor will work with CVCOG, and FirstNet/ATT Mobility, to change service on our existing ATT/FirstNet account from ATT Mobility SIMs/service to bona fide FirstNet SIMs/service and obtain new service details necessary for conversion. MRCs related to 4G service are currently incurred by CVCOG and will remain the responsibility of CVCOG

ATT/FirstNet is anticipated to provide new IPs, IMEI, SIM, and other pertinent details which will require modifications to the existing network router failover

Contractor is expected to modify primary 9-1-1 network router configurations or subcontract current 9-1-1 router technicians to modify network routers to function with new wireless device specifications. The existing failover process currently configured/utilized in the primary network routers will not be modified other than to update new device/service information unless agreed upon by CVCOG

New modem hardware will be picked up at CVCOG by the contractor for configuration and installation at each site

Contractor is expected to ensure new AirLink devices are configured optimally for the new CVCOG WBN network

An SMA to FAKRA adapter will be needed at each site to convert standard coax cable from existing antennae cable run to terminate to the input of the above models.

Existing external antennae and coax cable run will be utilized. The prospective vendor will supply the appropriate adapter

Installation should include coordination with CVCOG staff to schedule and travel to sites, installing the new modems on the backboard of the server room at each location, and removal and cleanup of the old modems.

Thorough testing at each site is required to ensure proper failover in a new environment with new hardware. The contractor must work with CVCOG staff to ensure failover is working properly

Optional Considerations – Not mandatory Existing and Active CJIS certifications for on-site installation technicians are strongly preferred for travel and installation at the PSAPs. PSAP server rooms are secure areas

Subcontracting any or part of this work with existing CVCOG 9-1-1 CPE maintenance and/or 9-1-1 router maintenance provider(s) is/are permissible for any aspect of this project which the primary contractor deems appropriate

Site Locations Concho County Sheriff's Office 106 Paint Rock St Eden, TX Crockett County Sheriff's Office 121 State Highway 163 S Ozona, TX

Irion County Sheriff's Office 114 W Sherwood Ave Mertzon, TX Kimble County Sheriff's Office 415 Pecan St Junction, TX

McCulloch County Sheriff's Office

900 E Main St Brady, TX

Mason County Sheriff's Office 125 Westmoreland Mason, TX Menard County Sheriff's Office 208 Tipton Menard, TX Reagan County Sheriff's Office 320 N Plaza Big Lake, TX

Schleicher County Sheriff's Office

4 S Divide St Eldorado, TX

Sutton County Sheriff's Office 401 E Oak St Sonora, TX Concho Valley Council of

Governments 5430 Link Rd San Angelo, TX

San Angelo Public Safety Communications

323 E Beauregard San Angelo, TX

San Angelo Emergency Operations Center

8485 Hangar Rd San Angelo, TX

Tom Green County Sheriff's Office

222 W Harris San Angelo, TX

Goodfellow Air Force Base 161 W Valiant St BLDG 146 San Angelo, TX

3. PROPOSER ELIGIBILITY REQUIREMENTS

3.1. Eligible Proposers

Only individuals or firms from lawfully formed business organizations may apply.

CVCOG will contract only with the individual and/or firm that submits a responding proposal and is not on hold with the Texas and/or Federal Government. Individuals and/or firms will be on contract and will not be considered an employee of CVCOG nor will the firm and/or individual be eligible for any benefits provided by CVCOG.

3.2. State Debarment and Exclusion

Proposer must certify that neither the Proposer nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in this procurement by any State of Texas department or agency. Where Proposer is unable to certify to any of the statements in the certification, Proposer must include an explanation with their submission. Debarment, pending debarment, declared ineligibility or voluntary exclusion from participation by any State of Texas department or agency may result in the proposal being deemed non-responsible. Signing and submitting a proposal for this Solicitation is so certifying.

3.3. Federal Debarment and Exclusion

Proposer shall certify that neither Proposer nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal department or agency. Where Proposer is unable to certify to any of the statements in the certification, Proposer must include an explanation with their submission. Debarment, pending debarment, declared ineligibility or voluntary exclusion from participation by any Federal department or agency may result in the proposal being deemed non-responsible. Signing and submitting a proposal for this Solicitation is so certifying.

3.4. Unique Entity Identifier and System for Award Management **Successful Proposer must be registered to do business with the U.S. Government through www.sam.gov prior to award of Contract. **

If not already registered, Proposers shall register their entity to do business with the U.S. federal government by completing the entity registration process at SAM.gov.

Active registration in SAM.gov provides your entity the ability to apply for federal grants or loans or bid on government contracts.

The Awarded Proposer shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Awarded Proposer is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Awarded Proposer is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

3.5. Responsive Proposers

In order for a Proposer to be eligible for award of the Contract, the proposal must be responsive to the Solicitation. Responsive proposals are those that comply with all material aspects of the Solicitation. Proposals which do not comply with all the requirements of the Solicitation may be rejected and deemed non-responsive.

3.6. Responsible Proposers

Responsible Proposers must:

(A) Have adequate financial resources or the ability to obtain such resources as required during the performance of the Contract;

(B) Have a satisfactory record of past performance;

(C) Have necessary management and technical capability to perform;

(D) Be qualified as an established firm regularly engaged in the type of business to perform the Contract required by this Solicitation;

(E) Be otherwise qualified and eligible to receive an award under applicable federal, state, county, or municipal laws and regulations; and

(F) Certify that it is not on the U.S. Comptroller General’s list of ineligible

Contractors – signing and submitting a proposal for this Solicitation is so certifying.

(G) Certify that it is not on the Texas Comptroller’s list of ineligible Contractors – signing and submitting a proposal for this Solicitation is so certifying.

4. INSTRUCTIONS TO PROPOSERS

4.1. Notification of Interest

CVCOG kindly requests that all interested parties notify the Procurement Contacts for this solicitation via email to express their intent to participate or interest in the procurement. This is to ensure that all interested parties receive any critical updates or communications related to this specific solicitation/procurement. This will help us provide you the most timely and relevant information. Simply ask to be added to the “interested parties list”.

4.2. Specifications

Proposers are expected to examine the specifications, terms and conditions, and all instructions included in this solicitation. Failure to do so will be at the Proposer’s risk.

Proposals that are submitted on other than authorized forms or with different terms or provisions may not be considered as responsive.

All interpretations of the specifications shall be made on the basis of the following statement: The apparent silence of the specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used.

4.3. Information Required

Each Proposer shall furnish the information required by the Solicitation. Proposers shall sign the statement submittal. Erasures or other changes must be initialed by the person signing the documents. Proposals or statements signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to CVCOG.

Only signed, written Proposals specifically accepting responsibility for meeting the objectives and requirements specified in the Solicitation will be considered. The cover letter must bear the signature of a person duly authorized to legally commit for the Proposer.

4.4. Site Visits

If applicable, before submitting a proposal, Proposers shall visit the site of the proposed work and shall fully inform themselves of all conditions in and about the work site, the building or buildings, if any, and any work that may have been done thereon. However, no Proposer shall visit the site without prior authorization by CVCOG. Questions will not be answered during any site visit. Instead, questions resulting from the site visit must be submitted in writing.

Proposers interested in attending the hosted site visit(s) must inform the Procurement Contacts for this solicitation beforehand in writing via email. The maximum number of participants, who chose to attend the planned site visit(s), shall not be more than two per proposer.

4.5. Pre-Proposal Meeting

A Pre-Proposal Meeting will not be held for this specific acquisition. All questions must be submitted in writing per the instructions in Section 4.6.

4.6. Communications with Proposers

All communication should be made only through the CVCOG Procurement Department contacts listed for this solicitation. The secondary P.O.C. must only be used after reasonable attempts to contact the primary P.O.C. have failed. Except as provided in this solicitation and as otherwise necessary for the conduct of ongoing CVCOG business operations, Proposers are expressly and absolutely prohibited from engaging in communications with CVCOG personnel who are involved in any manner in the review and/or evaluation of the proposals, selection of a respondent, and/or negotiation or formalization of a contract. Failure to follow the guidelines set forth in this solicitation regarding vendor communication could result in proposal rejection.

4.7. Questions, Clarifications, and Explanations to Proposers Any and all questions related to this solicitation must be submitted in writing to the Procurement Contacts listed for this solicitation before the Due Date for Written Questions. Answers and any supplemental materials pertaining to submitted questions will be posted to CVCOG website (www.cvcog.org) in the form of an addendum addressing each submitted question. Questions and answers will be posted to the CVCOG website as soon as available. The names of Proposers who submit questions will not be disclosed.

Any prospective Proposer desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective Proposer concerning a solicitation will be furnished promptly to all other prospective Proposers as an amendment to the solicitation, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective Proposers.

4.8. General Submission Format

This list may not contain all required elements of submission and is only meant as a structural guide for submission. The proposer is responsible for reviewing and understanding the requirements to ensure a complete proposal submission.

1. Technical Proposal.

a. Cover Page / Narrative Statement.

b. Technical Specifications of Goods/Services to be provided.

c. Documentation of qualifications, experience, and performance history.

d. Documentation of capacity and readiness to perform.

e. Warranty information.

f. Timeframe for delivery of goods/services.

g. Completed certifications, affidavits, or other attachments.

2. Price Proposal.

4.9. Redacted and Unredacted Proposals

All proposers must submit a proposal as well as a redacted version of their proposal for public release. The purpose of submitting redacted and unredacted is to enable CVCOG the ability to withhold confidential and proprietary information as protected by law from public disclosure. The un-redacted version must highlight all sections that have been redacted from the public version. Please remove all “Confidential” markings from the redacted version.

Proposers submitting electronically should provide a redacted PDF copy of their proposal(s).

Proposers cannot mark their entire proposal as confidential. Proposers may only redact confidential or proprietary information that is exempt from disclosure under the Freedom of Information Act.

If no redacted copy is received, it will be assumed that the proposal information submitted to CVCOG is suitable for public release.

4.10. Acceptable Methods of Submission

4.10.1. Physical Submission

Physical proposals are accepted by submitting one (1) original, one (1) redacted copy, and one (1) combined PDF copy on a USB flash drive. Proposers using commercial carrier services must ensure that the proposal is addressed and marked on the outermost envelope or wrapper as prescribed below:

SOLICITATION #: 24-PUB-R-0026

Concho Valley Council of Governments Attention: Crystal Garcia Procurement Lead Procurement Department 5430 Link Road San Angelo, TX 76904

The exterior of the packaging/envelope must also indicate the proposing company or Proposer’s name. Any proposals which are mislabeled or do not indicate the Proposer’s name or address as required above may be opened by CVCOG solely for the purpose of identifying the Proposer for return of the proposal packet.

4.10.2. Electronic Submission

Concho Valley Council of Governments acknowledges and accepts electronic submission of proposals by utilizing an e-procurement platform, DemandStar. Bids or Proposals may be uploaded electronically through DemandStar. Interested parties may be required to register for an account prior to submission. Respondents interested in uploading utilizing DemandStar should contact the Procurement Contacts listed in this solicitation for a direct link to the posting on the DemandStar platform. Additionally, Proposers must upload a combined redacted PDF copy of all documents eligible for public release.

4.10.3. Provisions Related to Electronic Submission

1) Compliance with Requirements:

Proposers shall ensure that electronic submissions comply with all requirements outlined in the RFP and any additional instructions provided by CVCOG. This includes but is not limited to file format, size limitations, and submission deadlines.

2) Authentication and Integrity:

Proposers shall take appropriate measures to ensure the authenticity and integrity of their electronic submissions. This may include utilizing electronic signatures, encryption, or other security measures to safeguard the contents of the proposal.

3) Confirmation of Receipt:

CVCOG shall confirm receipt of electronic submissions via email within one

(1) business day. However, the responsibility for ensuring the successful transmission of the proposal rests solely with the proposer. Failure to receive a confirmation does not absolve the proposer of their obligation to meet the submission deadline.

4) Record-keeping and Documentation:

CVCOG shall maintain comprehensive records of all electronic communications and proposal submissions received. This includes but is not limited to email correspondence, proposal attachments, and confirmation receipts.

5) Technical Support:

CVCOG will not provide technical support or assistance to proposers regarding the electronic submission process other than to confirm receipt of submission. It is the responsibility of the proposer to address any technical issues or challenges encountered during the submission process.

6) Confidentiality and Security:

CVCOG shall take reasonable measures to safeguard the confidentiality and security of electronic submissions. Proposals shall be accessed and reviewed only by authorized personnel in accordance with applicable laws and regulations.

7) Amendment or Termination:

CVCOG reserves the right to amend or terminate the electronic submission process at any time, with or without cause. Any changes or updates to the submission requirements shall be communicated to proposers in a timely manner.

8) Governing Law and Jurisdiction:

This clause shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising out of or related to electronic submission of proposals shall be subject to the exclusive jurisdiction of the courts in Tom Green County, Texas.

By submitting a proposal electronically, proposers acknowledge and agree to abide by the terms and conditions outlined in this clause. Failure to comply with these requirements may result in the rejection of the proposal or other appropriate action by CVCOG.

4.11. Late Submissions, Modifications, and Withdrawal of Proposal Proposers are responsible for submitting proposals, and any modifications or withdrawals, so as to reach the CVCOG Procurement Department by the time specified in the RFP. If no time is specified in the RFP, the time for receipt is 4:30 p.m., local time.

Any proposal, modification, or withdrawal received by CVCOG after the exact time specified for receipt of proposals is "late" and may not be considered. However, CVCOG reserves the right to accept late proposals given that satisfactory evidence is produced by the proposer justifying the late submission. A late modification of an otherwise successful proposal that makes its terms more favorable to CVCOG, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the CVCOG installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of CVCOG personnel.

If an emergency or unanticipated event interrupt normal CVCOG processes so that proposals cannot be received at the exact time specified in the RFP and urgent requirements preclude amendment of the RFP, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Proposers may withdraw proposals only by written request received by the Procurement Department before the Proposal Submittal Deadline. After that time, Proposers may not withdraw their proposals for a period of ninety (90) days from the Proposal Submittal Deadline. At no time may the successful Proposer(s) withdraw their proposal.

4.12. Notice of Intent to Award Contract or Recommendation for Award

The recommended award will be posted publicly to the Concho Valley Council of Governments website (www.cvcog.org). Award of contract will be contingent upon approval from the CVCOG or CVTD Board of Directors.

4.13. Non-Response to Solicitation

To help us improve the quality of our solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email the Procurement Contacts for this solicitation and advise the reason.

5. SOLICITATION PROVISIONS

5.1. Public Information Requests Related to Competition and Bidding In an effort to protect confidential and proprietary information, CVCOG generally will not release competitive bids or proposals to competitors or other requestors without written approval from the bidder or proposer or by ruling/decision from the Office of the Attorney General of Texas, Open Records Division pursuant to Texas Government Code Section 552.104. This does not apply to information used to evaluate bidders or proposers, scoring data, tabulation data, or pricing submitted by the bidder or proposer.

Requests for third-party competitive bidding or proposal information will automatically prompt a Ruling Request from the Office of the Attorney General of Texas, Open Records Division to determine if the requested material can be released. Requestors will be responsible for paying any fees outlined in the CVCOG Open Records / Public Information Act Fee Schedule.

5.2. Confidential and Proprietary Information in Bids or Proposals

In the event a proposal must be released in accordance with the Public Information Act, the CVCOG will keep confidential any trade secrets and/or proprietary information which the Proposer does not wish to be disclosed as protected by law. For such information, the Proposer must mark each page in boldface at the top and bottom as “CONFIDENTIAL/PROPRIETARY INFORMATION”. Proposed price or cost shall not be deemed confidential. Proposers should only mark pages containing confidential or proprietary information as protected by law, please do not mark the entire proposal submission as confidential or proprietary.

CVCOG shall not be liable for disclosure of any proprietary information that is not clearly identified as such in the proposal submission.

5.3. Multiple Awards

CVCOG reserves the right, in its sole discretion, after evaluation of all responsive bids, proposals or qualification statements to award the work described herein to more than one responsive bidder, proposer or respondent. In such cases where an award is made to more than one responsive bidder, proposer or responder, CVCOG shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider’s designation as primary, secondary or alternate.

5.4. Exclusionary and Discriminatory Specifications

CVCOG agrees that it will comply with the requirements of 49 U.S.C. Section 5323(h)

(2) refraining from using any Federal assistance awarded by the FTA to support procurements using exclusionary or discriminatory specifications.

5.5. Geographic Preference

This Procurement shall be conducted in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in evaluation or award of bids or proposals, except where applicable Federal statutes expressly mandate or encourage geographic preference such as A/E contracts under certain circumstances.

5.6. Cost or Price Analysis

CVCOG reserves the right to conduct a cost or price analysis for any purchase.

CVCOG may be required to perform a cost analysis when competition is lacking in any purchase. Sole source procurements which result in a single bid or proposal being received will be subject to a cost analysis which will include the appropriate verification of cost data, the evaluation of specific elements of costs, and the projection of data to determine the effect on bid prices. CVCOG may require a Pre-Award Audit, and Proposers shall be prepared to submit data relevant to the proposed work, allowing CVCOG to determine that the proposed price is fair, reasonable, and following Federal, State, and local regulations.

Procurements resulting in a single response will be treated as a negotiated procurement. CVCOG reserves the right to negotiate with the single Respondent to achieve a fair and reasonable price. In the event both parties cannot agree upon a negotiated price, CVCOG reserves the right to reject the single response. Contract change orders or modifications will be subject to a cost analysis.

5.7. Additional Quantities

CVCOG reserves the right to acquire additional quantities at the prices quoted in this invitation. If additional quantities are not acceptable, the proposal sheets must note: For Specified Quantity Only.

5.8. Errors and Administrative Corrections

CVCOG will not be responsible for any errors in proposals. Proposers will only be allowed to alter proposals after the submittal deadline in response to requests for clarifications by CVCOG. CVCOG reserves the right to request an extension of the proposal period from a Proposer or Proposers.

CVCOG reserves the right to allow corrections or amendments to be made that are due to minor administrative errors or irregularities, such as errors in typing, transposition, or similar administrative errors. Erasures or other changes or entries made by the Proposer must be initialed by the person signing the proposal.

5.9. Procurement Standards of Conduct and Ethics

CVCOG’s Procurement Standards of Conduct and Ethics can be found here:

https://www.cvcog.org/cvcog/docs/Procurement/Procurement%20Standards%20of%20 Conduct%20and%20Ethics.pdf

5.10. Protests, Disputes, and Appeals

Prior to submission of an agency protest, all parties shall use their best efforts to resolve concerns raised by an interested party at the contracting officer level through open and frank discussions.

CVCOG Protest Procedures can be found here:

https://www.cvcog.org/cvcog/docs/Procurement/Procurement%20Protests%20and%20 Dispute%20Resolution.pdf

5.11. Interpretation of Specifications

The specifications and/or product references contained herein are intended to be descriptive rather than restrictive. CVCOG is soliciting responses to provide a complete service package which meets its overall requirements. Specific services and collection references may be included in this Solicitation for guidance, but they are not intended to preclude Respondents from recommending alternative solutions offering comparable or better performance or value. Results of informal meetings or discussions between a potential Respondent and CVCOG official or employee may not be used as a basis for deviations from the requirements contained in this Solicitation. The intent of the specifications is to provide Respondent with sufficient information concerning the

Products/Services to be contracted so Respondent can prepare and submit an acceptable Response. The specifications may be detailed or general in nature. Details of construction, materials, or the way in which services will be provided, are left to the discretion of the Respondent, provided only that any offering must conform, as a minimum, to best Industry standards and practices and to what is currently being sold in the marketplace. Requirements contained in the Solicitation are not considered to be biased toward any Respondent(s) competing under this Solicitation.

5.12. Brand Name or Equivalent

Wherever in the specifications any materials or processes are indicated or specified by patent of proprietary name and/or by name of manufacturer, such specifications will be deemed to be used for the purpose of facilitating descriptions of the performance, materials and/or processes desired and must be deemed to be followed by the words, "or equivalent", if not stated in the specifications. The burden of proof will rest with the Respondent, in the course of a technical evaluation, to prove that the proposed item(s) are equivalent to the performance, materials, processes, or articles specified.

Determination as to whether the items(s) proposed is/are equivalent to those specified will rest solely with CVCOG. If a respondent is offering an "or equivalent" item, respondent must list the manufacturer's name and product number of the item offered.

If this detail is not provided, it will be assumed respondent is offering the exact item specified. CVCOG’s decision whether an item is an equivalent to the item specified is final.

5.13. Price Complete

The price quoted shall include all items of labor, material, tools, equipment, and other costs necessary to fully provide the goods and/or services pursuant to the specifications or scope of this Solicitation. It is the intention of the specifications to provide and require complete goods and/or services prescribed. Anything omitted from the specifications, which is clearly necessary for the use of or operation of the goods and/or services shall be considered to be included within the scope of such goods and/or services although not directly specified or called for in the specifications. No advantage shall be taken by the manufacturer or supplier in the omission of any part or detail, which goes to make the required goods and/or services complete and ready for service or use. All parts shall be new and in no case will used (except for testing), reconditioned or obsolete parts be accepted. CVCOG and the manufacturer/supplier shall mutually agree when it is necessary or desirable to make changes in, additions to or deductions from the work to be performed, or the goods and/or serviced to be furnished, pursuant to the provisions of the contract documents. Any such changes which affect the contract price shall require the approval of CVCOG, in writing, in which the effect on the contract price is specifically set forth. All requests and responses shall be in writing.

5.14. Taxes and Interest

CVCOG is exempt from paying federal excise taxes or state and local sales and use taxes. Proposers will not include these taxes in their proposed price(s). All other government taxes, duties, fees, licenses, permits, royalties, assessments, and charges shall be included in the proposed price.

CVCOG will not pay interest on unpaid or disputed invoices, whether due or overdue.

5.15. Compliance with RFP Terms and Attachments

CVCOG intends to award a contract based on the terms, conditions and attachments contained in this RFP. Proposers are strongly advised not to make any exceptions.

Proposers shall submit proposals that respond to the requirements of the RFP. An exception is not a response to an RFP requirement.

Proposers are cautioned that exceptions to the terms, conditions, and attachments may result in a rejection of the proposal.

5.16. 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.

5.17. False Statements in Proposals

Proposers must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in proposals is prescribed in 18 U.S.C.1001.

5.18. Collusion

The Proposer guarantees that the proposal submitted is not a product of collusion with any other proposer, and no effort has been made to fix the proposal price of any Proposer or to fix any over-head, profit, or cost element of any proposal price (Certification of Non-Collusion). Failure to submit the signed certification may be grounds for disqualifying the Proposer’s offer.

If CVCOG determines that collusion has occurred among Proposers, none of the proposals from the participants in such collusion shall be considered. CVCOG’s determination shall be final.

5.19. Proposal Validity

Proposals shall remain valid for the period of Ninety Days (90 Days) after the due date for submission of Proposals as prescribed by CVCOG. A proposal valid for a shorter period shall be rejected as non-responsive.

5.20. Texas Bidder Affirmation

Bidder certifies that if a Texas address is shown as the address of the Bidder on its Bid submission, Bidder qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

5.21. Disclosure of Interested Parties

Proposer represents and warrants that if selected for award of a contract valued at $1 million or more as a result of this Solicitation, Proposer will submit to CVCOG a Certificate of Interested Parties prior to contract execution in accordance with Section

2252.908 of the Texas Government Code.

5.22. Costs

CVCOG is not liable for any costs incurred by a bidder or proposer in responding to this Solicitation, including those for presentations, when applicable.

5.23. Samples

Samples of items, when required, must Be furnished free of expense, on or before the RFP due date and time, and if not destroyed by testing may, upon request, be returned at the proposer’s expense. Each individual sample must be labeled with the proposer’s name, manufacturer's brand name and number, RFP number and item reference.

Request for return of samples shall be accompanied by instructions which include shipping authorization and name of carrier and must be received with your proposal. If return instructions are not received with the proposal, the commodities shall be disposed of by CVCOG.

6. EVALUATION CRITERIA FOR AWARD

This proposal will be evaluated by an evaluation committee. The evaluation committee may consist of representatives from CVCOG and other stakeholders. The committee members will individually evaluate and numerically score each submission in accordance with the evaluation criteria section of this Solicitation. Submissions will be evaluated based on a total top score of 100. An award resulting from this Solicitation shall be awarded to the most responsive and responsible respondent whose Proposal is determined to be the most advantageous to CVCOG; taking into consideration best value, which includes price, delivery time, vendor past performance, etc.

Evaluation Criteria Maximum Points Responsiveness PASS/FAIL

Evaluation of Proposal Organization 10 Points

Evaluation of Cost or Price 30 Points

Technical Evaluation – Proposed Solution and Functionality 25 Points

Qualifications, Experience, and Performance History 20 Points

Capacity and Readiness to Perform 15 Points

TOTAL 100 Points

(A) Responsiveness How Responsiveness will be evaluated:

Submission must be responsive to all material requirements that will enable the evaluation committee to evaluate submissions in accordance with the evaluation criteria to make a recommendation to CVCOG officials. This includes a signed signature page by a person authorized to bind the company to any contract/purchase order that may result from this Solicitation.

Proposers will be placed in one of the following categories based on their submission:

a. Non-Responsive / Non-Compliant (FAIL)

b. Substantially Responsive / Substantially Compliant (PASS)

c. Fully Responsive / Fully Compliant (PASS)

(B) Proposal Organization Evaluation

How Proposal Organization will be evaluated:

Evaluation of how well the Proposer’s submission is organized and structured to facilitate the easy flow of critical information for evaluators. Adequacy and completeness of the proposal with regard to the information specified. Evaluator’s discretion.

General Guide:

Disorganized (No Points) Moderately Organized (Mid Points) Well Organized (Max Points)

(C) Evaluation of Cost or Price Proposers must submit a price proposal separate of their technical proposal.

How Cost or Price will be evaluated:

Reasonable total price schedule. Demonstrated ability to deliver goods/services at a reasonable cost and all elements of cost detail are provided. Cost narrative clearly reflects the cost for providing the goods/services, is detailed and includes all costs required for successful project completion.

Formula for assigning points for cost or price:

((Lowest proposed price ÷ your proposed price) x Cost points) = Points to award

(D) Technical Evaluation – Proposed Solution and Functionality Proposers must submit a technical proposal separate of their price proposal.

How Proposed Solution and Functionality will be evaluated:

Evaluation of the proposed solution specifically highlighting the specifications, functionality, and compatibility in regards to the overall need. Evaluator’s discretion.

(E) Qualifications, Experience, and Performance History How Qualifications, Experience, and Performance History will be evaluated:

Acceptable overall qualifications of company and key personnel as demonstrated in detailed narrative and qualifications statement. Demonstrated experience and effectiveness in providing like services for organizations. Demonstrated capability to provide the services outlined in the Solicitation; Minimum adequate references and samples are submitted and required information is provided; relative licenses or registrations are provided, if applicable.

Proposer has no history of major performance problems as reported in their proposal, and all references report excellent quality work.

(F) Capacity and Readiness to Perform How Capacity and Readiness to Perform will be evaluated:

Satisfactory evidence of respondent ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. Evidence is provided of the availability and commitment of the firm and its principal(s) and key professionals to undertake the project.

7. RESULTING CONTRACT INFORMATION

7.1. Type of Contract

This is a Fixed Cost contract. Per the desired term of the contract, the pricing submitted by the Proposer shall remain fixed for the initial term of the Agreement. All purchases during the term of the contract are subject to the pricing submitted to CVCOG unless mutually agreed upon in writing.

7.2. Anticipated Term of Agreement

The contract resulting from this RFP becomes effective upon the date of the last signature ("Effective Date") and shall remain in effect until the completion of all obligations of both Parties hereto, or one (1) year from the Effective Date, whichever comes first.

7.3. Contract Execution

Upon administrative review and approval from CVCOG’s Executive Board, CVCOG will prepare and submit a final contract to the awarded Proposer at the address provided in the Solicitation or via email. The awarded Proposer shall execute the contract within 7 days after the receipt of the contract.

7.4. Contract Administration

The contract resulting from this RFP will be between CVCOG and the Awarded Proposer. The Proposer is responsible for providing the goods/services described herein. CVCOG is not a party to defining the division of work between the Awarded Proposer and its Subcontractors if any, and the Specifications and/or Scope of Services has not been written with this intent.

The Proposer represents that it has or will obtain all duly licensed and qualified personnel and equipment required to perform hereunder. The Awarded Proposer’s performance under this Contract may be monitored and reviewed by CVCOG. Reports and data required to be provided by the Proposer shall be delivered to CVCOG within FIVE (5) business days. Questions by the Awarded Proposer regarding the interpretation of the terms, provisions, and requirements of this Contract shall be addressed to CVCOG for a response.

7.5. Contract Modifications

7.5.1. Change Order

A Change Order authorizes a change in the Scope of the Work or an adjustment in the Contract Sum or the Contract Time. Work performed under a Change Order is subject to all provisions of the Contract Documents.

All changes in the scope of the Work, the Contract Sum and the Contract Time shall be documented by a Change Order. Change Orders are the exclusive method for modifying the Contract Sum or Contract Time.

7.5.2. Bilateral Modification

A bilateral modification (supplemental agreement) is a contract modification that is signed by the contractor and the contracting officer. Bilateral modifications are used to:

a. Make negotiated equitable adjustments resulting from issuance of a change order;

b. Definitize letter contracts; and

c. Reflect other agreements of the parties modifying the terms of contracts.

7.5.3. Unilateral Modification

A unilateral modification is a contract modification that is signed only by the contracting officer. A unilateral modification is used to:

a. Make administrative changes;

b. Issue change orders;

c. Make changes authorized by clauses other than a change clause; and

d. Issue termination notices.

7.6. Contract Termination

7.6.1. Termination for Cause

CVCOG may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the CVCOG, upon request, with adequate assurances of future performance. In the event of termination for cause, the CVCOG shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the CVCOG for any and all rights and remedies provided by law. If it is determined that the CVCOG improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

7.6.2. Termination for Convenience

CVCOG reserves the right to terminate the contract at any time, in whole or in part, without cost or penalty, by providing thirty (30) calendar days’ advance written notice, if CVCOG determines that such termination is in the best interest of the organization. In the event of such a termination, Contractor must, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. CVCOG shall be liable for payments limited only to the portion of work CVCOG authorized in writing and which Contractor has completed, delivered to CVCOG, and which has been accepted by CVCOG. All such work shall have been completed, in accordance with contract requirements, prior to the effective date of termination. CVCOG shall have no other liability, including no liability for any costs associated with the termination.

7.6.3. Termination for Non-Appropriation

Notwithstanding any contrary provision of this Agreement, each payment obligation of CVCOG or any of its programs created by this Agreement is conditioned upon the availability of funds that are appropriated or allocated for the goods and/or services under this Agreement. If such funds are not allocated, this Agreement may be terminated by CVCOG. CVCOG shall notify Contractor at the earliest possible time before such termination. No penalty shall accrue to CVCOG in the event this provision is exercised, and CVCOG shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section.

7.6.4. Opportunity to Cure

CVCOG, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor thirty (30) days in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions

If Contractor fails to remedy to CVCOG’s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within thirty (30) days after receipt by Contractor of written notice from CVCOG setting forth the nature of said breach or default, CVCOG shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude CVCOG from also pursuing all available remedies against Contractor and its sureties for said breach or default.

8. GENERAL TERMS AND OTHER REQUIREMENTS

8.1. CVCOG Terms and Conditions

By submitting a proposal, or delivering the supplies or performing the services identified herein, Proposer agrees to comply with all the CVCOG Terms and Conditions and all specifications and other documents that this Solicitation incorporates by reference or attachment. Concho Valley Council of Governments Terms & Conditions can be located here:

https://www.cvcog.org/cvcog/docs/Solicitations/CVCOG%20Terms%20&%20Conditions %20Version%202023.pdf

Exceptions to the CVCOG Terms & Conditions are not permitted. These Terms & Conditions will be included in the resulting Contract with the selected Proposer.

8.2. Electronic Signatures

Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Solicitation or the resulting Agreement, if any, are intended to authenticate this writing and to have the same force and effect as manual signatures.

8.3. Insurance Requirements

Providing and maintaining adequate insurance coverage is a material obligation of the Proposer and is of the essence of any contract resulting from this RFP. All such insurance shall meet all laws and requirements of the State of Texas and CVCOG.

Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business.

Proposer agrees that Proposer and Proposer’s employees and…