RFP 1818-62 Cyber Security.pdf

RFP1818-62

WASHINGTON LEARNING SOURCE (WLS)

Puget Sound Educational Service District 800 Oakesdale Ave. SW • Renton, WA • 98057

Request for Proposal 1818-62

Cyber Security Solutions

PROPOSALS DUE:

August 19, 2025, 12PM PST

TABLE OF CONTENTS

SECTION 1: RFP STANDARD INFORMATION

SECTION 2: OVERVIEW

SECTION 3: RFP REQUIREMENTS

SECTION 4: PROPOSAL FORMAT AND SUBMISSION

SECTION 5: REVIEW AND EVALUATION PROCESS

SECTION 6: SCOPE OF WORK

SECTION 7: STANDARD CONTRACT

SECTION 8: STANDARD TERMS AND CONDITIONS

SECTION 9: GLOSSARY OF TERMS

APPENDIX A: PROPOSAL SIGNATURE PAGE

APPENDIX B: SPECIFICATIONS

APPENDIX C: SPECIFICATIONS NARRATIVE

APPENDIX D: PRICING PROPOSAL

APPENDIX E: VENDOR QUALIFICATIONS

APPENDIX F: WLS PROMOTIONAL PAGE

APPENDIX G: REFERENCES

APPENDIX H: SCORING SHEET

SECTION 1: RFP STANDARD INFORMATION

CALENDAR OF EVENTS

The dates listed below represent the projected Request for Proposal (RFP) events schedule. WLS reserves the right to change the schedule. Notification of amendments to this schedule prior to RFP opening, will be made available on the government WEBS page at https://fortress.wa.gov/ga/webs/ up until the RFP submission deadline.

Tentative Project Schedule Date

RFP Issue Date (Available for download from https://fortress.wa.gov/ga/webs/)

7/21/25

Deadline for Receipt of Written Questions 8/4/25

Deadline for Proposal Submission 8/19/24, 12PM PST

Public Proposal Opening The WLS membership and qualified Vendors may attend the Proposal opening, in which the names of the Vendors are read aloud and recorded. The Proposal opening will be conducted at:

Puget Sound ESD; 800 Oakesdale Ave SW; Renton, WA 98057

8/19/25, 12:30PM

PST

Proposal Evaluation and Product Demonstrations of Invited Vendors 8/25/25-9/12/25

Notification of Contract Awardee(s) 9/15/25

Last Day to File a Protest 9/19/25

Post-Award Conference WLS and contract awardee(s) will meet to finalize contract and marketing.

TBD

RFP CHECKLIST

In order to be considered responsive, Vendors must include, at a minimum, all mandatory components in their RFP response. The list below is provided in order to assist Vendors in assembling a compliant response—it is neither authoritative nor exhaustive and Vendors are advised to carefully read and respond to the entire RFP. Failure to include or properly document any Mandatory or Mandatory Scored requirement will be grounds for disqualification. Vendors are required to fully comply with all requirements stated in the RFP.

https://fortress.wa.gov/ga/webs/

These items must be included in your response:

X Tab # Mandatory Mandatory

Scored

Tab 1: Vendor Information

Appendix A: Proposal Signature Page X

Exhibit A: Vendor Information X

Exhibit B: Additional Resellers X

Tab 2: Product Features

Appendix B: Specifications X

Appendix C: Specifications Narrative X

Tab 3: Pricing Proposal

Exhibit C: Pricing X

Appendix D: Pricing Narrative X

Tab 4: Vendor Qualifications

Appendix E: Company Profile and Experience X

Appendix E: Contract Implementation X

Appendix E: Authorization Letter X

Appendix E: Standard Service Level Agreement X

Tab 5: WLS Promotional Material

Appendix F: Website information X

Appendix F: Graphics X

Tab 6: References

Appendix G: References X

SECTION 2: OVERVIEW

WLS BACKGROUND

The Washington Learning Source (WLS) is a cooperative effort of the nine Educational Service Districts (ESDs) throughout the State of Washington—housed at Puget Sound Educational Service District (PSESD) in Renton. WLS’s mission is to provide a place for districts to choose products and services that meet their needs and create economic efficiencies through ESD collaboration and a regionally supported delivery model. Since 2006, millions of dollars in software, hardware, and other instructional products have been sold to members through the WLS purchasing program. Additional information about WLS can be found at www.walearningsource.org.

ESDs function primarily as support agencies and deliver educational services that can be more efficiently or economically performed regionally. Information about all nine Washington State ESDs can be found at https://www.waesd.org/about-us/

WLS is acting on behalf of the nine ESDs to select Vendors for Optional Use purchasing contracts. By submitting an offer, the Vendor agrees to make the same proposed terms and prices available to WLS members. Any contract awarded will be an "Optional Use" contract; it may be used by eligible institutions, but eligible institutions are not required to use it for their acquisitions.

Pricing through the WLS is considered statewide; in other words, WLS members expect to obtain products and services for a lower price than they could achieve on their own. Vendors proposing pricing through the WLS are required to offer discounts below their educational list price in order to be considered.

2023-24 Annual Technology Survey Snapshot / 267 (of 295) districts responded to the survey.

Internet Connectivity:

• 271 districts are connected to Washington’s K–20 Education Network

• 78% of district respondents have a Wide-Area Network (WAN)

Guest Access:

• 90% of district respondents allow guests to connect to “guest” district networks

• Instructional Devices

• A total of 1,122,032 instructional devices were in use during the 2023–24 school year

1:1 Device Programs:

• 91% of district respondents have a 1:1 device program

• 23 district respondents reported not having a 1:1 device program in place

• Estimated total 1:1 devices for 2023–24 school year: 923,437

• Estimated total rural 1:1 devices for 2023–24 school year: 156,354

• Top 1:1 device program descriptions:

• Elementary: Students have assigned devices that stay primarily at school (35% of respondents)

• Middle School: Students have assigned devices that regularly travel between school and home (67% of respondents) http://www.walearningsource.org/ https://www.waesd.org/about-us/

• High School: Students have assigned devices that regularly travel between school and home (77% of respondents)

Cybersecurity:

• 56% of district respondents have 0 FTEs dedicated to cybersecurity

• An average of 0.36 FTEs are dedicated to cybersecurity per district

• Greatest cybersecurity needs identified were (1) funding for technology staff, (2) time for educator professional learning, and (3) funding for cybersecurity appliances

Tech Staffing:

• 72% of district respondents have at least 1 FTE dedicated to tech support

• 27% of district respondents have less than 1 FTE dedicated to technical support

• 12% of district respondents have 0 FTEs dedicated to technical support

• 29% of district respondents provide stipends to individuals at the building level to provide educational technology support

Artificial Intelligence (AI) Integration:

• Districts were asked to rank AI integration on a scale of 0–5 (0 being “not at all” and 5 being “full integration”) at multiple levels

• District leadership: 1.6 average ranking

• Policy/program implementation: 1.4 average ranking

• Classroom: 1.2 average ranking

ABOUT PSESD

Success For Each Child & Eliminate the Opportunity Gap by Leading with Racial Equity

Puget Sound Educational Service District (PSESD) is one of nine regional educational agencies serving school districts and state approved charter and private schools in Washington.

Educational Service Districts, created by the legislature, are an essential regional delivery system for early learning and K-postsecondary services in the state.

Educational Service Districts improve the quality, equity, and efficiency of educational programs through partnerships with K-12 education, early learning, higher education, and public and private organizations.

Together, we:

• Save schools money through regional efficiencies, centralized services, pooled resources

• Improve the effectiveness of educational programs

• Deliver specialized services otherwise unavailable

• Provide leadership for innovative and effective educational practices

• Build networks and partnerships among districts and other agencies

• Link schools with regional, state and national educational resources

The Puget Sound Educational Service District is committed to supporting all stakeholders (students, teachers, school districts, education leaders, internal staff) in reaching personal and organizational success. The agency is an innovative and responsive partner providing essential local services to leverage resources and strengths to make sure students are ready to enter school, achieve at high levels in the K-12 system, and succeed in post-secondary endeavors.

The Puget Sound Educational Service District is committed to becoming an Anti-Racist Multicultural Organization in order to eliminate the Opportunity Gap. We will share our work in equity and inclusion with our thirty-five school districts and private schools as well as with educators and advocates throughout the state and nation to ensure all students reach their full potential.

AUTHORITY

Educational Service Districts (ESDs) in the state of Washington are political subdivisions of the state that are organized under and operate in accordance with state statutes. Chapter 28A.310 of the Revised Code of Washington (RCW) is the primary statute that governs ESDs. Chapter 28A.310 authorizes ESDs to enter into contracts, to provide informational services and to establish cooperative programs. Section 28A.310.180 (3) directs ESDs to establish “joint purchasing programs.” The Washington Learning Source is a joint purchasing program of Washington State’s nine regional ESDs.

Under the authority of section Chapter 39.34 RCW, WLS uses the RFP process as a procurement option allowing the award to be based on evaluation criteria. The RFP states the relative importance of all evaluation criteria.

Pursuant to RCW 39.34, an intergovernmental (Interlocal) purchasing agreement forms the basis for WLS membership. All public K-12 educational institutions and associations published in the Washington State Education Directory, and Washington state public agencies are eligible to become WLS members and purchase from this Optional Use contract. Interlocal purchasing contracts allow either party to make purchases at the other party's accepted proposal price. A list of current WLS members is posted on the Washington Learning Source website at http://www.walearningsource.org/members

RFP PURPOSE

The WLS is acting on behalf of the nine Washington State Educational Service Districts and their schools and school districts in releasing this RFP. Authorized Vendors of products are invited to provide proposals for an optional use contract to be considered by the Washington Learning Source (WLS) for the purpose of providing its members competitive pricing:

Cyber Security Solutions

The Washington Learning Source (WLS) seeks proposals from qualified vendors offering comprehensive cybersecurity solutions designed to protect educational institutions' digital assets and infrastructure.

PURCHASERS

WLS intends to procure one or more contracts on behalf of the nine ESDs to sign with the apparently successful Vendor(s). All public K-12 educational institutes and associations published in the Washington State Education Directory and Washington State public agencies are eligible to become WLS members and purchase from this Optional Use contract. A list of current WLS members is posted on the Washington Learning Source website at http://www.walearningsource.org/members.

For consideration, a Vendor may be an Original Equipment Manufacturer (OEM) or an OEM’s authorized reseller or agent who is able to carry out the scope of work, post-award requirements, and the terms and conditions of this WLS Contract. Authorized resellers must submit a letter from the OEM that grants permission for them to respond to this RFP. WLS reserves the right to elect, https://www.walearningsource.org/news-events http://www.walearningsource.org/members in its sole discretion, to make multiple awards. The number of awards shall be based on the anticipated need and service, and awardees will be selected upon point totals awarded through the proposal scoring process.

CONTRACT TERM

The initial term of the contract(s) to be signed with the apparently successful Vendor(s) will be for one (1) year, with 4 additional one (1) year renewal options. The contract may be renewed for additional periods of time based upon Vendor performance, the Vendor’s continuation of the Contract, and WLS's requirements at the conclusion of the contract. Such renewals will require the mutual consent of the WLS and the participating Vendor(s) and will be in the form of a signed amendment.

PREVAILING WAGE REQUIREMENTS

Vendors are required to comply with applicable prevailing wage requirements for public works contracts as stated in Chapter 39.12 RCW.

MARKETING

WLS and participating ESDs are committed to make commercially reasonable efforts to provide marketing efforts on behalf of the successful Vendor(s) during the term of the contract. Beyond that, WLS and participating ESDs make no guarantee of purchasing volume since any contract(s) resulting from this RFP are "Optional Use." WLS will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases by such agencies.

WLS Web Site. The WLS maintains a web site that includes a searchable catalog of products with a dedicated page for each listing contact information, product information, and pricing (www.walearningsource.org)

Bi-Weekly WLS Update Email. The WLS sends out email to our customer list every other week that includes short announcements from vendors about their products.

Visibility for WLS Vendors. The WLS provides opportunities for vendors to increase their visibility with potential Subscribers by exhibiting at conferences, sponsoring events, providing vendor showcases, hosting “lunch and learns,” and participating in other such activities and events.

Other WLS Marketing. Marketing activities include, but are not limited to, brochures and flyers, mailers, e-mail blasts, visitations, product webinars, and other pertinent activities that promote the WLS products to eligible memebers.

SECTION 3: RFP REQUIREMENTS

REVIEW RFP

Vendors should carefully review the instructions, requirements, specifications, standard terms and conditions, and contract set out in this RFP and promptly notify the RFP coordinator identified below via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. This should include any terms or requirements within the RFP that either preclude the Vendor from responding to the RFP or add unnecessary cost.

This notification must be accompanied by an explanation and suggested modification and be received by the deadline for receipt e-mailed inquiries set forth in the Calendar of Events. The WLS will make any final determination of changes to the RFP.

POINT OF CONTACT

From the date this Request for Proposal (RFP) is issued until a Vendor(s) is selected and the selection is announced by the Purchasing/Contract Administrator, Vendors are not allowed to communicate with any WLS staff regarding this procurement, except at the direction of the Purchasing/Contract Administrator in charge of the solicitation. Any oral communications shall be considered unofficial and non-binding on WLS. Vendors should rely only on written statements issued by the Purchasing/Contract Administrator. Responses to verbal requests for information or clarification shall be considered unofficial until confirmed in written Addenda. Contact information for the single point of contact:

Attn: Business Office; Purchasing/Contract Administrator Puget Sound Educational Service District

800 Oakesdale Ave. SW Renton, WA 98057

Phone: (425) 917-7783 E-mail: purchasingoffice@psesd.org

QUESTIONS AND RESPONSES

Vendors with questions or requiring clarification or interpretation of any section within this RFP must address these questions in writing or via e-mail to the Purchasing/Contract Administrator referenced above on or before the date specified on the Calendar of Events. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. The WLS will provide an official written response in the form of a Q&A amendment that will be made available on the government WEBS page at https://fortress.wa.gov/ga/webs/ up until the RFP submission deadline.

VENDOR EXCEPTIONS

WLS desires to award this RFP to a Vendor or Vendors with whom there is a high probability of establishing a mutually agreeable contract, substantially within the standard terms and conditions of the Standard Contract.

mailto:purchasingoffice@psesd.org

RIGHT TO REJECT

The WLS reserves the right to reject any or all proposals prior to and at any time during negotiations, to reject a proposal that is in any way incomplete or irregular, accept any portion of the items proposed unless the Vendor stipulates all or nothing in the proposal, and to waive any informality or irregularity in any proposal received. In award of the contract, any and all factors and information that have a bearing on the selection of a Vendor may be considered.

WLS reserves the right to cancel or reissue all or part of the RFP at any time as allowed by law without obligation or liability.

ACCEPTANCE OF CONTRACT AND STANDARD TERMS AND CONDITIONS

By submitting a response to this RFP, Vendor agrees to acceptance of the Standard Terms and Conditions as set out in Section 8 of this RFP.

To be responsive, Vendors must indicate a willingness to enter into a Contract substantially the same as the Contract in Section 7 by signing the Propoosal Signature Page located in Appendix A.

Under no circumstances is a Vendor to submit their own standard contract terms and conditions as a response to this solicitation.

UNDERSTANDING OF SPECIFICATIONS AND REQUIREMENTS

By submitting a response to this RFP, Vendor agrees to an understanding of and compliance with the specifications and requirements described in this RFP.

VENDOR’S SIGNATURE

The proposals must be signed by an individual authorized to legally bind the business submitting the proposal. The Vendor’s signature on a proposal in response to this RFP guarantees that the offer has been established without collusion.

LATE PROPOSALS

Regardless of cause, late proposals will not be accepted and the sender will be notified via email.

It shall be the Vendor’s sole risk to assure electronic delivery by the designated time.

SECTION 4: PROPOSAL FORMAT AND SUBMISSION

SUBMISSION

The Proposal, in its entirety, must be received by WLS no later than the time indicated in the Calendar of Events set forth in Section 1.

To facilitate proper delivery and processing, Responses must be delivered in sealed envelopes, boxes or other method of containment. Sealed Responses are to be clearly identified on the outside of the package with the following information at the address below:

• Proposer’s Name and Address

• RFP #1818-62

Washington Learning Source Puget Sound ESD Attn: Business Office; Purchasing/Contract Administrator 800 Oakesdale Avenue SW Renton, WA 98057

WLS assumes no responsibility for unmarked or improperly marked envelopes. Sealed responses must be received by the date and time specified on the Calendar of Events.

An electronic copy of the proposal must be included with the hard copy submission. The electronic copy should be in the form of a USB Flash Drive affixed to the proposal containing all documents submitted in the proposal. Although the electronic version can be in PDF version, it must also be in Microsoft Word (or equivalent) format and Microsoft Excel (or equivalent) for the pricing exhibits.

FORMAT

Two (2) proposals should be submitted in 3-ring binders. Proposals are to be limited to a page size of eight and one-half by eleven inches (8.5” x 11”).

A Table of Contents should be included with all proposal pages numbered.

The proposal sections must be organized with tabbed dividers. A “Tab”, as used here, is a section separator, offset and labeled, (Example: “Tab 1, Required Documents”), such that the Evaluation Committee can easily turn to “Tabbed” sections during the evaluation process. If responsive information is also contained in other sections, Vendors should specifically reference the tabbed section and corresponding page number(s) that the information and documentation can be found.

WLS is under no obligation to look for responsive information contained in incorrect tabbed sections.

There is no intent to limit the content of the proposals. Additional information deemed appropriate by the Vendor may be included, but are required to be placed within the relevant section. A Vendor making the statement “Refer to our literature…” or “Please see www…….com” may be deemed nonresponsive or receive point deductions. Additional tabs beyond those designated in this section will not be evaluated.

The tabbed sections must be sequenced in the following manner:

TAB 1 – VENDOR INFORMATION

The Vendor must complete and submit, under Tab 1, the following documents:

• Appendix A: Proposal Signature Page

• Exhibit A: Vendor Information

• Exhibit B: Additional Resellers Note: If Vendor is a sole source provider, include a sole source letter in your response.

TAB 2 – PRODUCT FEATURES

The Vendor must complete and submit, under Tab 2, the following documents:

• Appendix B: Specifications

• Appendix C: Specifications Narrative

TAB 3 – PRICING PROPOSAL

The Vendor must complete and submit, under Tab 3, the following documents as detailed in Appendix C:

• Exhibit C: Pricing

• Appendix D: Pricing Narrative

TAB 4 – VENDOR QUALIFICATIONS

The WLS may make such investigations as deemed necessary to determine the ability of the Vendor to provide the product and/or perform the services specified. The WLS reserves the right to reject any proposal if the evidence submitted by, or investigation of, the Vendor fails to satisfy the WLS that the Vendor is properly qualified to carry out the obligations of the contract.

The Vendor must provide, under Tab 4, the following information, as detailed in Appendix E:

• Company profile and experience

• Contract implementation

• Authorization letter

• Standard Service Level Agreement

TAB 5 – WLS PROMOTIONAL MATERIAL

The Vendor must complete and submit, under Tab 5, the following information as detailed in Appendix F:

• Website information

• Graphics

TAB 6 – REFERENCES

The Vendor must provide, under Tab 6, a minimum of three (3) references as detailed in Appendix G.

SECTION 5: REVIEW AND EVALUATION PROCESS

RECEIPT OF PROPOSALS

Official Proposal Opening. All proposals received will be opened by WLS or its authorized representative at WLS’s principle place of business, 800 Oakesdale Ave. SW • Renton, WA 98057. A Vendor may modify or withdraw its proposal by written email request, provided that the request is received by WLS prior to the response opening. Following withdrawal of its response, a Vendor may submit a new proposal, provided that such new proposal is received by WLS prior to the response opening. Proposals cannot be withdrawn for a period of sixty (60) days after the official opening of the responses.

Proprietary Information/Public Disclosure. Proposals and any accompanying documentation submitted in response to this competitive procurement shall become the property of the WLS.

All proposals received shall remain confidential until the contract, if any, resulting from this RFP is signed by the Superintendent of the Puget Sound Educational Service District and the apparent successful Vendor; thereafter, the proposals shall be deemed public records as defined in RCW 42.56.

Any information in the proposal that the Vendor desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated. The page must be identified and the particular exception from disclosure upon which the Vendor is making the claim.

Each page claimed to be exempt from disclosure must be identified by the word “Confidential” printed on the lower right hand corner of the page.

The WLS will consider a Vendor’s request for exemption from disclosure; however, the WLS will make a decision predicated upon RCW 42.56. Marking the cost or price section or the entire proposal exempt from disclosure will not be honored. The Vendor must be reasonable in designating information as confidential. If any information is marked as proprietary in the proposal, such information will not be made available until the affected Vendor has been given an opportunity to seek a court injunction against the requested disclosure.

Purchasing/Contract Administrator Review of Proposals. Upon opening the proposals received in response to this RFP, the Purchasing/Contract Administrator in charge of the solicitation will review the proposals providing the following conditions have been met:

Confidential information is clearly marked and separated from the rest of the proposal.

The proposal does not contain confidential material in the cost or price section.

Information separated out under this process will be available for review only by the Purchasing/Contract Administrator, the evaluator/evaluation committee members, and limited other designees. Vendors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a public records request from another party.

EVALUATION PROCEDURE

Selection and award will be based on the Vendor’s proposal and other items outlined in this RFP.

Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by

Vendors outside the formal response, unless requested, will not be considered, will have no bearing on any award, and may result in the Vendor being disqualified from further consideration.

Scoring. For the purpose of evaluation, scoring and ranking, proposals have been divided into the categories below. The following reflects the maximum number of points that may be awarded by category, based on the scoring rubric in Appendix H:

Scoring Criteria

Tab 1 Vendor Information Pass/Fail

Tab 2 Specifications and Narrative 100

Tab 3 Pricing Proposal 35

Tab 4 Vendor Qualifications 25

Tab 4 Contract Implementation 25

Tab 5 WLS Promotional Material Pass/Fail

Tab 6 References 15

Total Points: 200

Phase 1: Initial Determination of Responsiveness. Responses will be reviewed initially to determine on a pass/fail basis compliance with administrative requirements as specified herein.

Responses meeting the Initial Determination of Responsiveness will then be reviewed on a pass/fail basis to determine if the Response meets the Mandatory Specifications. Only Responses meeting all Mandatory Specifications will be further evaluated.

WLS reserves the right to determine at its sole discretion whether Vendor’s Response to a mandatory requirement is sufficient to pass. If, however, all responses fail to meet any single mandatory item, WLS will cancel the RFP and reject all Responses.

Phase 2: Review of Responsibility Requirements. An evaluator/evaluation committee will evaluate the remaining proposals to determine whether the Vendor is responsible. Proposals will be evaluated based on the following criteria:

• Compliance with stated requirements and provisions of the RFP

• Cost considerations as required in the RFP, such as all platform software and professional services necessary to fulfill minimum mandatory specifications, installation, implementation, user licensing, and training

• Respondent references

• Vendor’s experience and qualifications in providing service or product to school districts

• Demonstration if needed

• Vendor’s financial viability

• Value added offerings to further enhance the partnership

During this phase, any of the following activities may occur:

• Seek clarification on Vendor proposals

• Seek discussion/negotiation or a Best and Final Offer in order to award a contract. The Best and Final Offer option permits the WLS to request a best and final offer from one or more of the responsible Vendors. The proposal information of other Vendors is confidential until award and will not be revealed during negotiations.

• Request an oral presentation and/or product demonstration to clarify or further define the RFP response.

Phase 3: Notification of Contract Award.

• The evaluator/evaluation committee will provide a written recommendation for contract award to the RFP Coordinator that contains the scores, justification, and rationale for the decision.

• The RFP Coordinator will review the recommendation to ensure its compliance with the RFP process and criteria before concurring in the evaluator's/evaluation committee’s recommendation.

• The contract awardee(s) will be notified.

WLS’s Rights Reserved. While the WLS has every intention to award one or more contracts as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the WLS to award and execute a contract. Upon a determination such actions would be in its best interest, the WLS, in its sole discretion, reserves the right to:

• cancel or terminate this RFP

• reject any or all proposals received in response to this RFP

• waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal

• not award if it is in the best interest of the WLS not to proceed with contract execution

Protest Procedures. Vendors may file a letter of protest against the award. The protest must be filed with PSESD/Washington Learning Source, by email at purchasingoffice@psesd.org, or by U.S. mail to Washington Learning Source, Puget Sound ESD, 800 Oakesdale Avenue SW, Renton, WA 98057, within five (5) business days from the date of award notification. The protest must include a full and complete written statement specifying the grounds of protest and must be based on the process and/or procedures used in the review and recommendation of Proposals for awards. The WLS Director shall review all the information submitted with regard to the protest and render a decision regarding the protest within thirty (30) calendar days.

mailto:purchasingoffice@psesd.org

SECTION 6: SCOPE OF WORK

POST-AWARD CONFERENCE

Within sixty (60) days of award notification, principals on awarded contract shall meet in person or via phone with WLS personnel to finalize contract details, review marketing efforts, and discuss contract administration.

CONTRACT EXECUTION

A formal contract utilizing the Standard Contract shown in Section 7 and incorporating the Standard Terms and Conditions in Section 8 will be drawn up. Upon the Vendor’s acceptance of contract terms, the following procedure will be followed:

• Final contract will be forwarded for signature by the authorizing Superintendent for WLS

• Electronic copy of the signed contract will be sent to the Vendor

• Vendor will sign contract; send back to the WLS along with the required insurance documents.

• No work may begin until a contract signed by all parties is in place and all insurance documents are received by WLS.

ASSIGNED RESELLERS

The assigned resellers or agents identified in the Awarded Vendor’s response have entered into an agreement with the Awarded Vendor which obligates the reseller or agent to comply with all the provisions of the WLS Contract when the reseller or agent is engaged in work that is associated under the WLS Contract. OEMs will list assigned resellers in Exhibit B: Additional Resellers.

ADDITIONAL RESELLERS

OEMs may request in writing to add or remove resellers during the length of the contract by submitting Exhibit B: Additional Resellers. New resellers will be responsible for scheduling a conference with the WLS in order to establish a presence on the WLS website and begin marketing.

PRICE AND PRODUCT UPDATES

A price increase will not be accepted during the award period or during the renewal period, unless stipulated in the contract. However, WLS will always take advantage of price decreases. Upon optional annual contract renewals, the awarded vendor may request price increases from the WLS. Such requests shall require a justification in writing.

Throughout the entire contract term, price reductions are required if the OEM reduces the reseller’s base price. Upgraded products and services may be added to this contract upon WLS approval and submission of an accompanying spreadsheet (Exhibit C: Prices), but only if they replace products previously bid. All pricing must, at a minimum, reflect the same percentage discounts or better as established with this contract award.

Awarded vendors must provide WLS any proposed price decreases, products upgrades, discontinued items, and any other changes or additions for approval.

VOLUME PURCHASES

For purchases in a single transaction that will exceed $100,000, an Awarded Vendor may submit a written request seeking a reduction in the Administrative Fee. The request shall identify the amount of the reduction that is being sought and the reasons the Awarded Vendor believes the reduction is warranted. Upon receipt and approval of a request for a reduction, all Awarded Vendors of in the product category identified in the request will be notified. The reduced Administrative Fee shall be applied uniformly to any Awarded Vendor that wants to sell products in that product category to the Subscriber for that single transaction. Awarded Vendors that are applying the reduced Administrative Fee shall not disclose or inform interested Subscribers that the price the Awarded Vendor is quoting is based on a reduction of the Administrative Fee.

MARKETING REQUIREMENTS

WLS shall promote Vendors’ products on the WLS website according to the description in the RFP Overview section of this document. The awarded Vendor(s) agrees, however, that the WLS is not guaranteeing any sales to eligible Subscribers. Awarded Vendors shall market their WLS products to generate sales and shall create and send out marketing materials to the eligible Subscribers that promote their products through the WLS contract. These materials include, but are not limited to printed materials, such as flyers and brochures, and electronic materials, such as email blasts and electronic postcards. By submitting a proposal, the Vendor is agreeing to participate fully in all marketing activities described below:

WLS Web Site. Awarded Vendors are to provide the WLS with the following promotion information to establish their presence on the WLS web site:

• Ordering instructions for Subscribers to follow when submitting purchase orders. These instructions shall include the company name, ordering address, contact person, phone number, fax number, email address, tracking information, return policy, and other pertinent ordering information. (Include in TAB 5.)

• Pricing information to be included on the the WLS website.

• Web content text including product description and benefits (Include in TAB 5.)

• Manufacturer and vendor logos in high and low resolution for use in WLS marketing materials and web site. (Include in TAB 5.)

Awarded Vendors may or may not choose to create a dedicated web page promoting the WLS contract on their own site. This page shall include only products that are on the contract and will include a link to WLS’s website, purchasing information, product information, and WLS contract number.

Marketing Brochures, Flyers, and Catalogs. Awarded Vendors’ marketing materials that advertise products on the WLS will include the WLS logo and are subject to review by the WLS office.

Participation at WLS Events and Activities. Awarded Vendors will make a reasonable effort to participate in events that are considered marketing opportunities. These include but are not limited to the following:

• NCCE (Northwest Council for Computers in Education) vendor booth

• WLS and ESD-sponsored showcases and one-day events

Contribution to WLS Update . You will be requested to submit short updates and longer articles to be included in communications to school districts.

Webinar presentations. Vendors should be available to give demonstrations via webinar. The Vendor may use his/her own online collaboration software.

Specials and Promotions. Awarded Vendors may submit specials and promotions for the WLS web site. All specials and promotions must be approved by the WLS before being published and distributed. Items that are included in the promotion must be on the current WLS contract.

LOCAL, PERSONAL ASSISTANCE

Awarded Vendors shall provide local, personal assistance and support to Subscribers, where “local” and “personal” means that the pre- and post-sale support and assistance shall be provided on-site or face-to-face and exhibits customer service of high quality. This assistance includes:

• Respond to Subscribers (questions, concerns, inquires, etc) within 24 hours

• Contact Subscribers on a regular basis

• Meeting with Subscribers when requested

• Provide in-person or on-site demonstrations

• Assist Subscribers with product evaluation and selection

• Provide training when requested

QUARTERLY REPORTS AND ADMINISTRATIVE FEES

Awarded Vendors shall track WLS purchases made by individual Subscribers. Vendors will remit quarterly to WLS a Contract Administrative Fee of three (3) percent for all sales realized or generated under or as a consequence of this WLS contract. As the administrator of the contract, the awarded Vendor must include the following data for each sale or purchase through this contract:

• Invoice date

• Name of Subscriber (school, district, or organization)

• ESD name where Subscriber resides

• Invoice number

• Names and quantities of products purchased through each transaction

• Single unit purchase price

• Total purchase price

• Amount of administrative fee

During the term of this contract, the awarded Vendor will submit quarterly accounting and remit administrative fee payments to WLS within 30 days following the end of each calendar quarter using Exhibit D: Admin Fees Reporting. The report will be sent electronically in Excel format.

MANDATORY INSURANCE REQUIREMENT

The Vendor shall procure and maintain for the duration of the Contract, General Commercial Liability insurance and Cyber Liability insurance defined in the Standard Terms and Conditions Section 8.7.

SECTION 7: STANDARD CONTRACT

WASHINGTON LEARNING SOURCE

Vendor Agreement

1. PARTIES

{Vendor}

>ADDRESS 1

>ADDRESS 2

>CITY, STATE, ZIP

WASHINGTON LEARNING SOURCE

Puget Sound ESD 800 Oakesdale Avenue SW Renton, WA 98057

The parties agree to the following:

2. PURPOSE

Through this Agreement, awarded through RFP 1818-58, {Vendor} offers the Washington Learning Source (WLS) the opportunity to participate in the {Vendor} licensing program. {Vendor} will allow the Washington State ESDs’ Subscribers to license {Vendor} {Product} at special volume levels.

3. INCORPORATION OF DOCUMENTS

The following documents are hereby incorporated by reference into this Vendor Agreement:

• Vendor Contact Information

• Additional Resellers

• Products and Contract Pricing

• WLS Quarterly Reporting Template

• WLS Standard Terms and Conditions

4. DEFINITIONS

4.1 “Administrative Fee” means the fee applicable to each Product for administrative services provided by WLS or Subscriber’s educational school district, which fee is set by schedules or other notices that WLS provides to the {Vendor} from time to time with respect to the Products. Administrative fee will be applied to all product or subscription prices, renewals, and maintenance fees.

4.2 “Product” means any product or service that is available to be sold, licensed, or otherwise provided pursuant to the {Vendor} contract.

4.3 “Subscriber” means any ESD office, public and private K-12 school and school district, Washington educator, the Office of State Superintendent of Public Instruction, or other accredited educational institution, as listed in the Washington Education Directory, that has entered into a contract with WLS, or Washington State public agency that has entered into an Intergovernmental Cooperative Purchasing Agreement between PSESD and the public purchasing agency pursuant to which WLS authorizes such agency or entity to purchase or acquire access to products and/or services sold, licensed, or otherwise provided by Vendors of goods and/or services under one or more contracts WLS has entered into with such Vendors.“Subscriber” does not include any such agency’s and entity’s operations outside the State of Washington.

4.4 “Vendor” means the party with whom the WLS is contracting to fulfill orders for this contract.

4.5 “ESD” refers to “Educational Service District”.as defined in RCW 28A.310.010.

4.6 “FTE” refers to a “Full-Time Equivalent” K-12 student as defined in WAC 392-121-122.

4.7 “Head Count” refers to all students regardless if they attend classes full-time in a high school building or attend work based learning programs “off site” or are enrolled in Running Start or Virtual Academies.

4.8 “OEM” means “Original Equipment Manufacturer”.

4.9 “Optional Use” means that Washington State school districts that are members of the

WLS may choose or not choose to use any vendors listed on the WLS site. The benefit for the Vendors is that their products and/or services will be listed on the Washington Learning Source website, a recognized purchasing cooperative that affords promotional benefits. For more information, visit WLS website at http://www.walearningsource.org/

5. ADDITIONAL AND AMENDED TERMS AND CONDITIONS

The following terms and conditions hereby take precedence over any contrary provisions in the documents referenced in Section 2 and 3. Unless otherwise notated below, the following terms and conditions are in addition to WLS Standard Terms and Conditions.

1) Term: Each party represents that this Agreement has been executed by their duly authorized representatives. It will become effective on the date signed by all parties, and will continue for a period of {Timeframe}. All times set forth in this Contract shall be based upon the time in Renton, Washington.

2) Renewal: At the discretion of WLS, this Contract may be renewed in writing for {If applicable, Renewal Length} subsequent one-year periods by mutual agreement of the parties.

3) Price and Products: Under this Contract, Subscribers will qualify for purchases through the Vendor at or below the prices listed. All prices shall remain firm (no changes that increase prices) from the date the contract is awarded until the contract end date.

• Upon optional annual contract renewals, the awarded vendor may request price increases from the WLS. Such requests shall require a justification in writing.

• Throughout the entire contract term, price reductions are required if the OEM reduces the reseller’s base price.

• Upgraded products and services may be added to this contract upon WLS approval, but only if they replace products previously bid. All pricing must, at a minimum, reflect the same percentage discounts or better as established with this contract award.

• Awarded vendors must provide on the first of each calendar quarter price decreases, new products, discontinued items, and any other changes or additions in order to ensure accurate WLS advertised prices.

4) Marketing

WLS Responsibilities:

a. WLS will work with {Vendor} to develop and maintain a web page on the WLS web site to summarize the terms of the agreement and to prepare pricing information for the shopping cart feature of the WLS web page.

b. The WLS will work with ESDs to reference {Vendor} and said web page in its communications to ESD participants so as to inform them of the availability of this agreement

c. The WLS will work with ESDs to use commercially reasonable efforts to disseminate information to Subscribers about the Products included in the agreement through email announcements, direct mail, websites, meetings, and newsletter articles.

Vendor Responsibilities:

a. {Vendor} will provide the WLS with information to be used for marketing purposes, such as logos and copy.

b. {Vendor} will use the WLS logo on all of its materials that market products on this contract.

c. {Vendor} may sponsor and participate in events such as regional conferences, tradeshows, webinars, and showcases as appropriate.

d. {Vendor} may co-host rollout events for Subscribers, such as lunch-and-learns and demonstrations.

WLS’s Marketing Manager: {Vendor}’s Marketing Manager:

5) WLS Membership: Pursuant to RCW 39.34, an intergovernmental (Interlocal) purchasing agreement forms the basis for WLS membership. All public K-12 educational institutions and associations published in the Washington State Education Directory, and Washington state public agencies are eligible to become WLS members and purchase from this optional use contract. Interlocal purchasing contracts allow either party to make purchases at the other party's accepted proposal price. A list of current WLS members is posted on the Washington Learning Source website at http://www.walearningsource.org/members {Vendor} will consult this list of members to determine customer eligibility.

6) WLS Administrative Fee: All WLS sales realized or generated under or as a consequence of the WLS awarded contract, this Vendor Agreement, shall include an

Administrative Fee of 3% of net sales. Purchasers shall reference the WLS contract number on their purchase orders at the time of purchase. As the administrator of the

Vendor Agreement, {Vendor} must include the following data for each net sale or purchase through this Agreement:

• Invoice date

• Name of subscriber (school, district, or organization)

• ESD name where subscriber resides

• Invoice number

• Names and quantities of products purchased through each transaction

• Single unit purchase price http://www.walearningsource.org/members

• Total purchase price

• Amount of administrative fee

7) Administrative Fee Payments: During the contract and renewal terms of this Vendor

Agreement, {Vendor} will submit quarterly accounting and remit administrative fee payments to WLS within 30 days following the end of each calendar quarter in accordance with the terms outlined in the following payment schedule. The administrative fees percentage shall not increase during the contract and renewal terms.

Payment Schedule

January 31 April 30

July 31 October 31

8) Order Processing: Orders will be processed in the following manner:

a. Purchase orders from subscribers will be submitted to {Vendor} for fulfillment.

b. Purchase orders from the Subscribers must be in writing and made out to {Vendor}.

Each order must reference the appropriate ESD# and the contact/school name/address/telephone/email or fax of the end user responsible for holding the license.

c. {Vendor} will invoice the subscriber and collect their payments. Shipping charges and Washington State sales tax will be added to the invoice, if applicable. Shipping charges shall be FOB Destination.

OR

a. Purchase orders from subscribers will be submitted to WLS for fulfillment.

b. WLS will issue purchase order to {Vendor}. {Vendor} will invoice WLS.

c. WLS will invoice subscribers and collect payments. Shipping charges and Washington

State sales tax will be added to the invoice, if applicable.

These procedures may be modified as needed, and any such changes will be mutually agreed to in writing by {Vendor} and WLS.

{Vendor}’s Sales Representative Contact Information:

9) Contract Administration: Each party will designate a Contract Manager during the term of this Contract whose responsibility shall be to oversee the party’s performance of its duties and obligations pursuant to the terms of the Contract. As of the Effective Date, WLS’s and {Vendor}’s Contract Managers are as follows:

WLS’s Contract Manager: {Vendor}’s Contract Manager:

10) Monitoring: {Vendor} shall continuously monitor and record its Services to make sure they meet or exceed all contractual provisions and Service Level Requirements. WLS shall have the right to examine {Vendor}’s records associated with purchases in order to ensure compliance with all requirements this Optional Use contract. {Vendor}’s failure to meet or exceed these Service Standards may result in corrective action or termination.

11) Incorporation of General Terms and Conditions: This agreement includes and incorporates as if fully set forth herein the Standard Terms and Conditions.

SECTION 8: STANDARD TERMS AND CONDITIONS

The submission of a Proposal is an offer to enter into a Contract that, upon acceptance by WLS, obligates the Vendor (and their authorized agents) to comply with the Terms and Conditions set forth below, and all the requirements in the RFP documents. If there is an inconsistency with a requirement or special condition in the RFP documents, the Terms and Conditions shall govern.

Upon acceptance of an award, the Vendor agrees to the following:

1. Compliance. By submitting a Proposal, the Vendor agrees to comply with WLS Vendor

Agreement terms, including offering the Proposal products for the WLS Contract price when it sells its products to the eligible Subscribers until the expiration of the Contract.

2. Contract Execution. The Vendor Agreement is considered fully executed at the time that the WLS Superintendent signs and the Vendor signs.

3. Resellers, Distributors and Agents. The resellers, distributors or agents identified in the Awarded Vendor’s Proposal that will be performing obligations that are required under the Vendor Agreement on behalf of the Awarded Vendor, have been provided a copy of the WLS RFP documents and the Awarded Vendor’s Proposal, and they are familiar with the Vendor Agreement requirements.

The resellers, distributors and agents identified in the Awarded Vendor’s Proposal have entered into an agreement with the Vendor which obligates the resellers, distributors and agents to comply with all the provisions associated with the Vendor Agreement when they are engaged in work that is associated with the Agreement.

The Awarded Vendor assumes full responsibility for ensuring that its resellers, distributors and agents are in full compliance with the Vendor Agreement.