RFP R27200 INSTRUCTIONAL SUPPLIES AND RELATED PRODUCTS AND SERVICES.pdf

LOUDOUN COUNTY PUBLIC SCHOOLS

DEPARTMENT OF BUSINESS & FINANCIAL SERVICES

PROCUREMENT AND RISK MANAGEMENT SERVICES

21000 Education Court, Suite #316 Ashburn, VA 20148

Phone (571) 252-1270 Fax (571) 252-1432

REQUEST FOR PROPOSAL (RFP)

RFP #: R27200

Title: Instructional Supplies and Related Products and Services Issue Date: 7/13/26 Procurement Specialist: Brandon Grayson, Senior Procurement Specialist Commodity Code: Instructional Services and Instructional Supplies

Period of Contract: One year from date of award with four (4) additional one (1) year renewal options.

Sealed proposals shall be received until: August 14 at 2:00PM (Eastern Time) for furnishing the goods/services described herein. PROPOSALS MUST BE SUBMITTED THROUGH THE LCPS

ELECTRONIC BIDING SYSTEM ON OR BEFORE THE DEADLINE STATED.

In compliance with this Request for Proposals (“RFP”) and all conditions imposed herein, by submitting a proposal in response to this RFP, the undersigned, having become thoroughly familiar with the terms and conditions of this document and with the local conditions which may affect performance and costs, hereby proposes and agrees to furnish all services, labor, and/or materials hereinafter specified, and to fulfill the intent of this agreement in accordance with this document as interpreted by Loudoun County School Board.

The undersigned firm hereby certifies that all information provided in any schedule attached hereto is true, correct, and complete.

Inquiries: All inquiries for information should be provided under the “Questions” tab in the LCPS Electronic Bidding System.

RFP INCLUDES:

● STATEMENT OF NEEDS

● GENERAL SPECIFICATIONS

● GENERAL TERMS AND CONDITIONS

● CONTRACTUAL TERMS AND CONDITIONS

● EXHIBITS: 1, 2 and 3

This public body does not discriminate against faith-based organizations in accordance with the Va. Code, § 2.2-4343.1 or against an Offeror because of race, color, national or ethnic origin, religion, sex, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, marital status, disability, age, or genetic information or any other basis prohibited by state or federal law relating to discrimination in employment.

Loudoun County Public Schools

RFP# R27200

TABLE OF CONTENTS

GENERAL SPECIFICATIONS

1. PURPOSE

2. BACKGROUND

3. STATEMENT OF NEEDS

4. SUBMISSION OF PROPOSALS

5. PROPOSAL REQUIREMENTS

6. PRICING SCHEDULE

7. EXCEPTIONS AND DEVIATIONS FROM THE RFP

8. EVALUATION PROCESS

9. SELECTION CRITERIA

10. ORAL PRESENTATION

11. AWARD OF CONTRACT

12. PROTEST OF AWARD OR DECISION TO AWARD

13. EXHAUSTION OF ADMINISTRATIVE REMEDIES

GENERAL TERMS AND CONDITIONS

CONTRACTUAL TERMS AND CONDITIONS

EXHIBIT 1: VENDOR DATA SHEET

EXHIBIT 2: PROPRIETARY CONFIDENTIAL INFORMATION IDENTIFICATION

EXHIBIT 3: MARKET BASKET PRICING SCHEDULE

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GENERAL SPECIFICATIONS

1. PURPOSE

The intent and purpose of this Request for Proposals (“RFP”) is to establish a multiple term contract through competitive negotiations with qualified source(s) to provide instructional supplies and related products and services to Loudoun County School Board, operating as Loudoun County Public Schools (“LCPS”).

It is the intent of LCPS that this RFP permits competition. It shall be the Offeror's responsibility to advise the LCPS Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the Purchasing Agent not later than fifteen (15) days prior to the date set for acceptance of proposals.

2. BACKGROUND

LCPS is the third largest school division in the Commonwealth of Virginia. Established in 1870, LCPS is located in the rapidly growing Washington metro-area.

LCPS is organized to focus on empowering all 83,038 students to make meaningful contributions to the world, while managing one hundred (100) schools and nine (9) educational support buildings. It is a rapidly growing, dynamic, well-managed and efficient organization.

3. STATEMENT OF NEEDS

3.1 General Requirements

The Contractor shall provide, at a minimum, the following services to LCPS:

A. Market Basket:

1. Provide instructional supplies for LCPS as provided on the Market Basket Pricing Schedule.

2. Submit pricing for the instructional supplies listed in the Market Basket Pricing Schedule. The prices provided must be for the exact unit of measure. When substituting with an equivalent product, the proposed substitute must be of the same quality of specification and same exact unit of measure. Proposals that contain variations of the quantities, units, and package sizing specified may result in a lower evaluation score.

3. Offeror must submit pricing for all Market Basket items. Offerors are not required to provide every color option for items with multiple colors (e.g., tempera paint).

4. Upon request, each Offeror shall provide a sample of each Market Basket item for acceptability testing.

5. The successful Offeror shall maintain, throughout the contract term, sufficient inventory to deliver Market Basket items to meet LCPS’s demand.

B. Catalog and Discount Percentage:

1. Provide a catalog and a website link for instructional supplies available that the Offeror currently provides in their normal course of business.

2. Offerors must propose a catalog discount percentage on non-market basket items.

3.2 If a catalog or website contains equipment and furniture, not subject to the catalog discount percentage, Offerors must clearly identify those items under the “Attributes” tab of the LCPS Electronic Bidding System.

A. Item Requirements:

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1. All items shall be new and from fresh stock, and the latest model, version design, or pack. Items shall be in first class condition, including containers/boxes suitable for shipment and storage, unless otherwise indicated herein.

2. The manufacturer's warranty shall apply to all item(s).

3. Where applicable, the catalog shall identify materials that comply with American Society for Testing and Materials (ASTM) Standards at no cost to LCPS.

4. Art supplies sold to Virginia school divisions must conform with the requirements of Virginia Administrative Code, 8VAC20-720-190, identifying toxic art materials, labeling, and prohibiting certain art materials in kindergarten through grade 5; the material guidelines set up by The Art and Creative Materials Institute; the American National Standards Institute (ANSI) quality conformance standards, and the ASTM- D4236.

5. Where applicable, “AP” (Approved Product), “CP” (Certified Product), and “HL” (Health Label) labeling shall be noted. Upon request, Offerors shall provide the Material Safety Data Sheet (MSDS) information on items not identified as “AP” or nontoxic.

6. All Market Basket items must be nontoxic.

B. Online Ordering System:

1. Offerors shall have an Online Ordering System, which permit ordering of Market Basket items and items based on catalog percentage discount prices. The Online Ordering System shall be updated with LCPS approved contract pricing within 30 days of the award and include pictures for all catalog/offered items, item numbers, model/brand, a full description of each item and compliance with ASTM.

2. Additional Online Ordering System features may include:

a. Tiered ordering capabilities. School personnel should have the ability to place a requisition within the Online Ordering System; an automated notification will be sent to the school’s Financial Technician. stating that the requisition is available for review on the awarded Vendor’s website. The Online Ordering System should permit the Financial Technician to make changes to the requisition, place the requisition on hold, or approve the requisition. Once approved, the Financial Technician should then be able to submit the order using an LCPS purchase card in the Offeror’s Online Ordering System or issue a purchase order

b. Link to MSDS for each item not identified as an Approved Product “AP” or nontoxic.

c. Capability to notify users of product availability and estimated delivery time at the time of order placement.

d. Manage backorders/out-of-stock issues and immediate notification to the user of the status of the item.

e. Capability to print invoices.

f. Capability to integrate the Online Ordering System with LCPS Oracle Fusion punch-out in the future.

C. Additional Incentives:

Offerors may provide pricing incentives, discounts or rebates.

3.3 SPECIFIC REQUIREMENTS

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A. Use of Brand Names:

Unless otherwise indicated, the name of a certain brand, make or manufacturer does not restrict Offerors to the specific brand, make, or manufacturer named.

B. Quantities:

1. Items will be ordered by individual locations as needs arise and funds are available.

No minimum or maximum quantity will be guaranteed. The awarded Offeror will be required to fill all orders regardless of quantities.

C. Backorders:

1. LCPS reserves the right to cancel items listed as out-of-stock items within 14 days of notification.

2. If the order states “NO BACKORDERS,” the awarded Offeror is responsible for complying with that instruction.

3. LCPS will not be responsible for return shipping or paying for any backordered items shipped from an order identified as “NO BACKORDERS.”

D. Support Services:

1. Offeror shall provide a dedicated Account Manager available for consultation with LCPS staff on an as-needed basis between 8:00 a.m. and 5:00 p.m. EST, Monday through Friday.

2. Offeror shall provide a toll-free telephone number for LCPS staff inquiries.

3. These support services should be included in the total cost for the purchase.

E. Order:

1. A large volume of the orders will take place during May/June with additional orders placed throughout the year.

2. Orders for the next school year will be placed during May/June using a LCPS purchase card (“P-Card”) with a delayed delivery and billing date of August/September. The scheduled delivery time for these orders will be the first two weeks of August.

3. Authorization by LCPS shall be required prior to substitution of an item..

4. No minimum order amount is allowed to issue an order.

5. The return policy shall be “Satisfaction Guaranteed,” with no restocking fee.

F. Product Recall:

1. Offeror shall expressly assume full responsibility for prompt notification to LCPS of any product recall in accordance with the applicable State or Federal regulations.

2. Offeror shall support LCPS Specialist in necessary follow-up with any LCPS schools and/or facilities that have purchased recalled products to replace, at no cost to LCPS, any such products promptly.

G. Shipment and Delivery:

1. All shipments are to be F.O.B. destination, freight fully prepaid to individual school or office locations. No collect shipment will be accepted. No lien or security interest shall be granted to the awarded Offeror for any goods or materials ordered under the contract.

2. The awarded Offeror shall provide delivery of items within five business days unless otherwise specified. In no case will sidewalk deliveries be accepted. INSIDE

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DELIVERY ONLY. All delivery costs including fuel shall be included in the offered unit price, including any handling fees.

3. All deliveries must arrive between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday, provided that such day is not a LCPS-observed holiday. If this delivery time is not possible on any item, please so indicate on the “Exceptions” page. If no delivery time is stated, it will be assumed that the delivery will be made within the time specified.

4. All deliveries shall be boxed in accordance with the directions on the order. Orders placed for August delivery must be boxed and labeled by teacher name and identify the teacher on the box as stated on the order.

5. Packing Slips or Delivery Tickets. All shipments shall be accompanied by packing slips or delivery tickets, and shall contain the following information for each item delivered:

a. The purchase order number, if applicable;

b. The name of the article and supplier's stock number;

c. The quantity ordered;

d. The quantity shipped;

e. The quantity backordered (if any);

f. The name of the contractor; and

g. The teacher (recipient) name.

6. Offerors are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods.

7. It shall be the awarded Offeror’s responsibility to respond to incorrect shipments and damages within 72 hours of notice by LCPS.

8. All deliveries must be received and signed by an LCPS employee with a current photo I.D.

3.4 Method of Payment

A. Invoices are to be sent to lcpsaccounting@lcps.org.

B. Orders may be made with an LCPS P-Card. LCPS P-Cards are currently serviced by Bank of America. Vendors are required to accept this method of payment without charging an additional fee.

C. The P-Card shall not be charged until the order has been shipped with orders placed for the next school year delivered in August and charged to the P-Card in August/September.

3.5 Pricing

Unit prices submitted on Market Basket items and the percentage of the catalog discount shall remain firm for the duration of the contract.

3.6 Subcontracting

No portion of the contract shall be subcontracted or otherwise performed by a party not an employee of the Contractor, except with the prior consent of LCPS.

4. SUBMISSION OF PROPOSALS

4.1 Each Offeror shall respond to this solicitation using the LCPS Electronic Bidding System by August 14 at 2:00PM (Eastern Time). Different forms of the proposal will NOT be accepted.

NO FAXED, MAILED, OR E-MAILED PROPOSALS WILL BE ACCEPTED.

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4.2 A “How-To Guide” for step-by-step instructions on how to respond to this solicitation can be found on the login page of the LCPS Electronic Bidding System via the following link: LCPS Electronic Bidding System.

4.3 After your successful submission, the system will display “Response Submitted” followed by the date and time stamp in the “Response Status” field. It is the sole responsibility of the Offeror to ensure that their offer is submitted by the designated date and time stated. An incomplete submission will NOT be considered.

4.4 The digital signature must be signed by a person authorized to represent and bind the Offeror’s company.

4.5 Requests for additional information or clarification of specifications must be sent via the LCPS Electronic Bidding System under the “Questions” tab. Requests for information must be received before the question cutoff date and time posted under the “Event Details” tab. Any material interpretation made to prospective Offerors will be expressed in the form of a written response or addendum to the solicitation which shall be posted on the LCPS Electronic Bidding System. It shall be the Offeror’s responsibility to monitor the website for changes. The addenda will be posted no later than three (3) business days before the opening date. Oral answers shall not be authoritative or provide any basis for reliance by an Offeror. Offerors shall acknowledge receipt of any addenda with their proposal.

4.6 Offeror will receive a system-generated email notification if an addendum has been issued.

4.7 Upon award, the solicitation in its entirety including any forms, vendor response, and addenda shall be referred to as the contract.

4.8 Offeror must provide contact information where remittance will be sent under the “Attributes” tab.

5. PROPOSAL REQUIREMENTS

5.1 General Instructions

A. Proposal Preparation:

1. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in LCPS requiring prompt submissions of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by Procurement & Risk Management Office. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

2. Proposals should be as thorough and detailed as possible so that LCPS may properly evaluate the Offeror’s capabilities to provide the required service.

3. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

4. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub letter should be repeated at the top of the next page. The proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted in the appropriate place or be https://lcpscm.ionwave.net/Login.aspx https://lcpscm.ionwave.net/Login.aspx

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attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

5. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

6. As used in this RFP, the terms “must,” “shall,” “should,” and “may” identify the criticality of requirements. “Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as “should” or “may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the RFP, some individual “must” and “shall” items may not be fully satisfied, but it is the intent to satisfy most, if not all, “must” and “shall” requirements.

The inability of an Offeror to satisfy a “must” or “shall” requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offeror’s proposal.

7. Ownership of all data, materials and documentation originated and prepared for LCPS pursuant to the RFP shall belong exclusively to LCPS and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protection of Va. Code § 2.2-4342(F), in writing, either before or at the time the data is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret materials submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information.

8. The Offeror agrees to be bound by its proposal for a period of at least 365 days, during which time LCPS may request clarification or correction of the proposal for the purpose of evaluation. Amendments or clarifications shall not affect the remainder of the proposal, but only the portion so amended or clarified.

5.2 Specific Proposal Instructions

Proposals should be as thorough and detailed as possible so that LCPS may properly evaluate the Offeror’s capabilities to provide the required service. Offerors are only required to submit the following items as a complete proposal to avoid submitting complete copies of the entire solicitation. This will help speed up the review process.

In order to be considered for selection, Offerors must submit a complete response to this RFP.

Should the proposal contain proprietary information, provide one (1) redacted copy with proprietary portions removed or blacked out. This copy should be clearly marked “Redacted Copy.” The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. LCPS shall not be responsible for the Offeror’s failure to exclude proprietary information from this redacted copy.

Proposal Section 1: Executive Summary and Approach

A. Executive Summary.

One- or two-page executive summary of the proposal, including brief descriptions of the Contractor’s expertise and experience dealing with a contract the size and scope of LCPS service operations and plan to address the requirement of the solicitation.

B. Specific Approach for Providing Goods.

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The Offeror must submit a written statement indicating the Offeror’s understanding of LCPS’s requirements. This written narrative must be sufficient in detail to permit evaluation by LCPS. It should include, but is not limited to, the following:

1. Proposed program plan including an innovative approach the Offeror may have to providing the goods and materials, and a staffing plan in order to achieve LCPS’s goal/demand.

2. Narrative description of the goods and materials offered to meet the requirements stated in the RFP.

3. Length of time required from date of contract award to summer order fulfilment and plan in place and adequate and trained personnel on staff and ready for operation.

Proposal Section 2: References and Related Experience

A. References.

The Offeror shall provide at least three (3) contract references (K-12 experience is preferred) to enable LCPS to assess the quality of the Offeror’s past performance. The referenced contracts shall be similar in scope, magnitude, and complexity to that contemplated in this RFP. (Exhibit 1: Vendor Data Sheet).

B. Related Experience Questions.

In addition, Offerors must respond to the statements below. The responses must be in sufficient detail so that evaluators can ascertain the company's past performance.

1. Describe the overall reputation of your company for third-party administration of self-insured workers’ compensation claims. Include all past relationships with public school divisions and commercial clients.

2. Provide information to support the consistent quality of service performed by your company, including letters of appreciation, contracts that have been renewed and long-standing relationships without contracts.

3. Describe your company’s past relationship with other customers placing particular emphasis on partnering, teamwork, communication, order fulfillment, and cooperation.

4. Provide any additional information explaining why awarding this contract to your company will be beneficial to LCPS.

Proposal Section 3: Capability and Skills

The Offeror shall provide a description of qualifications and skills of the organization and personnel that shall be responsible for performance of the contract in accordance with the statement of needs in this RFP. Such description shall, at a minimum, include:

A. Company Information and Organization.

1. Provide background information about your organization, e.g., the philosophy, ownership, officers, and directors. Offeror shall indicate the type of organization they represent, e.g., individual, partnership, or corporation. If the Offeror represents a corporation or partnership, the Offeror should include the names of the President, Vice President, Secretary, Treasurer, and all principals or partners of the organization.

2. Describe your company’s management structure, roles, and duties, e.g., organization chart of the firm, proposed staffing for this contract, etc.

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3. Describe the financial stability of your company and other resources that most adequately ensure delivery of acceptable items to LCPS. The Offeror shall include a copy of the Offeror’s most recent financial statement audited by an outside CPA firm.

B. Staffing Qualifications and Capacity.

1. Staffing/Personnel: Names, qualifications, and capabilities of key employees who will be associated with providing the goods and materials required. List the following information for key personnel who are to work on the contract:

a. The name of the employee,

b. Employee’s craft/position,

c. Years with the company and the amount of time they expect to spend on the contract, and

d. Primary point of contact for the contract, and their role within the Company.

2. Offeror’s Capacity. The Offeror’s qualifications to fulfill orders include the ability to handle requests and claims and perform during peak demands.

C. Alternative Methods.

Offeror may recommend any alternative approaches to fulfilling orders for the goods and materials required. LCPS may, but is not obligated to, consider any alternative methods proposed in its decision to award the contract.

Note for All Offerors: In addition to the information provided by Offeror in these Sections, LCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services and the Offeror shall furnish to LCPS all such information and data for this purpose as may be requested. LCPS reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. LCPS further reserves the right to reject any offer if the evidence submitted by, or investigation of, such Offeror fails to satisfy LCPS that such Offeror is properly qualified to carry out the obligations of the contract and to furnish the goods contemplated therein.

Proposal Section 4: LCPS Required Documents (to be completed)

A. Exhibit 1: Vendor Data Sheet B. Exhibit 2: Proprietary Confidential Information Identification C. Exhibit 3: Market Basket Pricing Schedule (Reference Proposal Section 5 below) D. Certificate of Insurance (Proof of Insurance) E. W9

Proposal Section 5: Proposed Pricing

The Offeror shall provide a proposed pricing schedule, attached to this RFP, to include all costs.

Provide a fixed line-item price for Market Basket items and percentage off pricing for catalog items. Offeror’s costs must be broken out, in detail, as such included in the total cost for delivering items described herein - Refer to (Exhibit 3: Market Basket Pricing Schedule)

Proposal Section 6: Additional Information

Provide LCPS with other information that may be pertinent.

6. PRICING SCHEDULE

6.1 The Offeror shall provide a proposed pricing schedule to include all costs. Provide a firm fixed price with a line item that, at a minimum, provides shipping, or delivery charges and other

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expenses. Offerors shall submit a cost proposal using the Market Basket Pricing Schedule, provided with the RFP.

6.2 Offerors agree that the pricing offered in response to the RFP is equal to or less than prices offered on other contracts with similar terms and conditions.

6.3 Unit prices and catalogue discounts must remain firm for the duration of the contract.

6.4 Offerors must provide contact information where payment will be rendered under the “Attributes” tab.

6.5 Approved travel expenses will be paid at the same rate at which LCPS employees are currently reimbursed at the time of service.

6.6 Unless stated otherwise in the solicitation, Offerors shall state offer prices in U.S. dollars.

7. EXCEPTIONS AND DEVIATIONS FROM THE RFP

7.1 If there is any exception or deviation in any proposal offer from the terms, conditions, and specifications prescribed in this RFP, it must be noted under the “Attributes” tab of the LCPS Electronic Bidding System. LCPS reserves the right to determine the responsiveness of any deviation.

7.2 Unless otherwise indicated, any specification for an item of equipment shall be interpreted to include not only the item of equipment specified, but also the parts, items, appurtenances, and accessories reasonably necessary to make the equipment complete and working.

8. EVALUATION PROCESS

8.1 A Proposal Analysis Group (PAG) has been established to review and evaluate all proposals submitted in response to this RFP. The group shall conduct a preliminary evaluation of all proposals based on the information provided with the Offeror’s proposal, and the evaluation criteria listed below. Based upon this review, the highest rated Offeror(s) may then be invited to make oral presentations.

8.2 If additional information is requested, Offeror must respond within forty-eight (48) hours.

8.3 No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the PAG or any person involved in the evaluation of the proposals. PAG members will refer all calls related to this solicitation to the Procurement & Risk Management Office. Failure to comply with this directive may, at the sole discretion of LCPS, result in the disqualification of an Offeror from the procurement process.

8.4 Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals based on the evaluation factors included in the RFP, including price, if so, stated in the RFP. Negotiations shall be conducted with the Offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, LCPS shall select the Offeror(s) which, in its opinion, has made the best proposal, and shall award the contract to that Offeror(s).

8.5 LCPS may cancel this Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Va. Code § 2.2-4359(D)). Should LCPS determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror.

8.6 Acceptance or Rejection: LCPS reserves the right to accept or reject any or all proposals, in whole or in part, to take exception to any RFP specifications, to make an award based solely on the proposals received or to negotiate further with one or more offers. Failure to comply

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with the RFP by an Offeror may be grounds for the exclusion of such Offeror from further consideration by LCPS. Selection: The selection by LCPS of any proposal as ultimately negotiated will be at the School System’s entire discretion, which discretion shall extend to purely subjective considerations solely exercisable by the LCPS without regard to a claimed lowest cost by any proposed vendor. LCPS is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous.

9. SELECTION CRITERIA

Proposals will be evaluated by LCPS using the requirements of this RFP and the following criteria.

Evaluation Criteria Max Points

1. Executive Summary and Specific Approach for providing Service As outlined in Proposal Section 1, above, proposals will be evaluated based on:

• Proposals will be evaluated based on the Offeror’s understanding of the requirements and proposed plan for item fulfillment, process, and staffing (20 points)

• Services programs offered to meet the RFP requirements and objectives (5 points)

• Order fulfilment & timeline (5 points)

2. References and Experience Proposals will be evaluated based on using the form included in this RFP, clients for whom comparable service have been performed.

Experience and history of the firm in the particular disciplines covered by the RFP, as well as credentials of the project team and experience in providing similar services as outlined in Proposal Section 2, above.

• References (10 points)

Related Experience:

• Overall Reputation (5 points)

• Experience in providing similar goods (5 points)

3. Capability & Skill Proposals will be evaluated based on the range of services provided and factors influencing the delivery of services, such as the capability, integrity and reliability of the Offeror, financial stability, operating history, ability to start immediately and sustain services, etc., as outlined in Proposal Section 3 above.

• Company information and organization (15 points)

• Staffing qualifications and capacity (15 points)

4. Cost of Services Offered Pricing must be submitted on RFP pricing form only as required in Proposal Section 5 above.

Total 100

10. ORAL PRESENTATION

10.1 Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to LCPS. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. LCPS will schedule the time and location of these

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presentations. Oral presentations are an option of the School System and may or may not be conducted.

10.2 The Offeror’s Project Team must be in attendance to represent all phases of services requested.

A. The Project Team and services must be presented by the Project Manager who will be assigned to LCPS projects.

B. Firm principals, not responsible for project management, and marketing professionals may participate in the presentation in a supportive role only.

C. A total ranking of 50 points are possible for this portion of the Evaluation Process. Points will be determined by:

1. Overall presentation

2. Project team qualifications

3. Presentation and staff competence of all services requested

4. Responses to Proposal Analysis Group questions

D. After the oral presentations, the PAG will finalize the rankings and determine the highest ranked Offerors.

E. Negotiations shall then be conducted, with the Offerors until contracts can be negotiated at a fair and reasonable price. LCPS intends to negotiate a fixed price aligned across each vendor.

10.3 Tentative Schedule. The number of proposals received will determine the actual schedule for oral presentations.

11. AWARD OF CONTRACT

11.1 The award, if any, will be made to the responsive and responsible Offeror(s) that meets or exceeds the specifications and conditions of the request for proposals, that offers the best value and is determined to be to the best advantage to LCPS.

11.2 LCPS reserves the right to reject any or all proposals received and to waive technicalities in any proposal.

11.3 LCPS reserves the right to award the proposal in total, by item, or by group of related items.

11.4 LCPS reserves the right to make multiple awards as a result of this solicitation.

11.5 LCPS reserves the right to reject any and all proposals in whole or in part, to waive technical defects, irregularities, and omissions if in its judgment the best interest of LCPS will be served.

11.6 Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Purchasing Agent will publicly post such notice on the LCPS website (www.lcps.org) for a minimum of ten (10) days.

12. PROTEST OF AWARD OR DECISION TO AWARD

Any Offeror who desires to protest the award or decision to award the contract shall submit the protest in writing to LCPS Procurement & Risk Management Office no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. Any potential Offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit the protest in the same manner no later than ten (10) days after posting or publication of the notice of such contract as provided in Va. Code § 2.2-4303.

If the protest of any actual or potential Offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection under Va.

http://law.lis.virginia.gov/vacode/2.2-4303/

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Code § 2.2-4342, then the time within which the protest shall be submitted shall expire ten (10) days after those records are available for inspection by such Offeror under Va. Code § 2.2-4342, or at such later time as provided in this provision. All protests must be received by LCPS Procurement & Risk Management Office no later than 5:00 p.m. on the tenth day. If the tenth day falls on a weekend or an official holiday, then the ten-day period expires at 5:00 p.m. on the next regular business day. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. The written protest shall include the basis for the protest and the relief sought. Procurement & Risk Management Office shall issue a decision in writing within ten (10) days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten (10) days of receipt of the written decision by instituting legal action under Va. Code § 2.2-4364.

13. EXHAUSTION OF ADMINISTRATIVE REMEDIES

No Offeror, potential Offeror, or Contractor shall institute any legal action against LCPS until all administrative remedies available under the above provisions have been exhausted and until all requirements of School Board Policy, and, to the extent applicable, the Virginia Public Procurement Act, have been met.

GENERAL TERMS AND CONDITIONS

14. AUTHORITY

The Purchasing Agent shall serve as the principal purchasing official for LCPS and shall be responsible for the procurement of goods and services, with the exception of design and construction, the responsibility for which shall reside with the Chief Financial Officer. In the discharge of these responsibilities, the Purchasing Agent may be assisted by other staff. Any purchase order or contract made contrary to these provisions and authorities shall be of no effect and void, and LCPS and the School Board shall not be bound thereby.

15. DEFINITIONS

The following terms, whether capitalized or lowercase, shall have the following meanings, as used in this solicitation or any awarded contract:

BUSINESS DAY or WORKING DAY: The term “business day” or “working day” shall mean any day that the LCPS Administrative Office is open. Unless otherwise specified, business or working days are Monday through Friday from 8:00 a.m. to 5:00 p.m., and shall not include Saturday, Sunday, or any holiday observed by LCPS. The term “day” shall mean the calendar day.

CONTRACTOR: Any individual, vendor, company, firm, corporation, partnership or other organization to whom an award is made by LCPS (also referred to as the “awarded Offeror” or “successful Offeror”).

LCPS: Loudoun County School Board, operating as Loudoun County Public Schools the contracting entity.

OFFEROR: Any individual, company, firm, corporation, partnership or other organization submitting a proposal in response to a solicitation issued by the Purchasing Agent and offering to enter into contracts with LCPS.

PURCHASING AGENT: The Purchasing Agent employed by LCPS and formally appointed, supervised and subject to the direction of the LCPS Superintendent or his/her designees.

REQUEST FOR PROPOSAL (RFP): A request for an offer from prospective offerors which will indicate the general terms which are sought to be procured from the offeror. The RFP will specify the evaluation factors to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement. All RFPs are made pursuant to School Board Policy which is in compliance with the Virginia Public Procurement Act, Va. Code § 2.2-4300, et. seq.

http://law.lis.virginia.gov/vacode/2.2-4342/ http://law.lis.virginia.gov/vacode/2.2-4342/

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SOLICITATION: The process of notifying prospective offerors that LCPS wishes to receive proposals on a set of requirements to provide goods or services. The notification of LCPS requirements may consist of public advertising (LCPS Web Site or other electronic notification), the emailing Notices of Solicitation or Request for Proposal (RFP), the public posting of notices, newspapers advertisement, or issuance of an informal solicitation to include telephone calls to prospective offerors.

16. SOLICITATION CONTACT

All contacts between Offerors or prospective Offerors shall be only with the Purchasing Agent or other designated employee of LCPS. No Offeror or potential Offeror shall initiate or engage in any discussions with any other employee of LCPS or any member of the School Board while a solicitation is outstanding concerning the contents of such solicitation or with the intent to influence or interfere with the contract award authorized by and described in such solicitation. A violation hereof may result in a disqualification of such Offeror.

17. QUALIFICATIONS OF OFFERORS

LCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to Procurement & Risk Management Office all such information and data for this purpose as may be requested. LCPS reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. LCPS further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy LCPS that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

18. MANDATORY USE OF FORMS AND TERMS AND CONDITIONS

Failure to submit a proposal on the official LCPS forms provided may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, LCPS reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

19. TAX EXEMPT STATUS

LCPS is exempt from the payment of any federal excise or Virginia sales tax. The price must be net, exclusive of taxes. When, under established trade practice, any federal excise tax is included in the list price; Offeror may quote the list price and shall show separately the amount of federal excise tax, either as a flat sum or as a percentage of the list price, which shall be deducted by LCPS. All Offerors, however, shall assure that all their real and personal property taxes owed to the County of Loudoun are paid prior to submitting a proposal.

20. INSURANCE

20.1 Contractor shall be responsible for its work, services, and/or products and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description in connection therewith. Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed in connection with the work, services, and/or products, and for damage or injury to property or persons, wherever located, resulting from any action, omission, commission or operation connected in any way whatsoever with Contractor’s work, services, and/or products.

20.2 Contractor agrees to maintain, on a primary basis and at its sole expense, at all times during the provision of work, services, and/or products, the insurance coverages, limits, and endorsements described hereunder. Required insurance coverages must be acquired from insurers with an A.M. Best Rating of A- or better, licensed to conduct business in the Commonwealth of Virginia, and acceptable to LCPS.

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20.3 Subcontractors’ and Suppliers’ Liability Insurance—Contractor’s provision of work, services, and/or products shall not be construed as creating any contractual relationship between any subcontractors or suppliers and LCPS. Contractor shall be as fully responsible to LCPS for the work, services, and/or products of its subcontractors and suppliers and persons employed by subcontractors and suppliers as it is for acts and omissions of persons directly employed by Contractor Certificates of Insurance—Contractor shall provide these insurance requirements to their insurance agent/broker for their evaluation and the processing of an original, signed Certificate of Insurance showing evidence of coverages and that Loudoun County School Board operating as Loudoun County Public Schools is the Certificate Holder. Emailed electronic scans of the original certificate from Contractor’s insurance representative will be accepted. The certificate shall be filed with the LCPS Procurement Office, Brandon Grayson, Sr Procurement Specialist, brandon.grayson@lcps.org prior to the provision of work, services, and/or products.

On request by LCPS, Contractor will provide certified copies of all required insurance policies within ten (10) business days. The certified copies shall be sent to LCPS from Contractor’s insurance representative. Any request made under this provision shall be deemed confidential and proprietary.

20.4 The certificates shall provide evidence that the following minimum insurance coverages, limits, and endorsements required herein are in full force and effect. Contractor’s insurance agents/brokers shall provide insurance policy endorsements for those coverages below:

A. Workers’ Compensation Insurance—Virginia Statutory Benefits

B. Employers’ Liability Insurance—$1,000,000 each accident and each employee

C. Commercial General Liability Insurance—$2,000,000 each occurrence and on an annual aggregate “per project” basis. Coverage shall name Loudoun County School Board operating as Loudoun County Public Schools as an Additional Insured and shall include coverages, not limited to, Products/Completed Operations,, Contractual Liability, and Cross Liability.

D. Business Automobile Liability Insurance—$1,000,000 combined single limit each occurrence. Coverage shall include liability for Owned, Non-Owned, and Hired vehicles.

In the event Contractor does not own vehicles, Contractor agrees to maintain coverage for Hired and Non-Owned Automobile Liability which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Automobile Liability policy.

E. Umbrella or Excess Liability Insurance over the above listed coverages naming Loudoun County Public Schools as an additional insured as per the underlying or primary Liability insurance—$2,000,000 each occurrence and aggregate limit shall be designated to apply per project.

F. Cyber Liability-If Contractor provides cloud-based information technology services and solutions as part of the contract, Contractor must also provide coverage for Cyber Liability Coverage to assist in data loss or security breach in the amount of $3,000,000 per occurrence.

G. Installation Floater—Provides special form property or inland marine insurance coverage in an amount equal to the contract cost, protecting the interests of LCPS, Contractor, and including property in transit and property on or off-premises. Loudoun County School Board, operating as Loudoun County Public Schools, shall be named as an Additional Insured/Loss Payee.

H. Deductibles or Self-Insured Retentions: Contractor is responsible to pay any and all deductibles and/or self-insurance retentions that may apply to the required insurance requirements.

mailto:brandon.grayson@lcps.org

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20.5 Additional Insured Status—Contractor agrees the liability insurance coverages as specified herein for Contractor’s work, services, and/or products shall be endorsed to include LCPS as an Additional Insured. The Additional Insured status shall be provided with endorsements providing equal or broader coverage for Designated Person or Organization; Owners, Lessees, and Contractor’s Products-Completed Operations (your work) whether required by, or in the absence of, a written contract. Coverage shall be primary and non-contributory with any other insurance and self- insurance. The Additional Insured shall read “Loudoun County School Board operating as Loudoun County Public Schools, its officers and employees.”

20.6 Waiver of Subrogation—Contractor agrees to a Waiver of Subrogation against LCPS, its officers, employees and its insurer, for each required policy herein. When required by its insurer, or should a policy condition not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer or Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre-loss basis.

20.7 Notice of Cancellation, Non-Renewal, or Material Change in Coverage—Contractor shall provide a new certificate prior to any change, renewal, or cancellation date. There shall be no cancellation, non-renewal, material change, or potential exhaustion of aggregate limits of insurance coverages without forty-five (45) days written notice by Contractor or its insurer.

LCPS shall have the right, but not the obligation, of prohibiting Contractor from providing work, services, and/or products until a new Certificate of Insurance evidencing the replacement coverage is provided to LCPS. Contractor agrees LCPS reserves the right to withhold payment to Contractor until evidence of reinstated or replacement coverage is provided to LCPS. If Contractor fails to maintain the insurance as set forth herein, Contractor agrees LCPS shall have the right, but not the obligation, to purchase replacement insurance, which Contractor agrees to reimburse any premiums or expenses incurred by LCPS.

20.8 Right to Revise or Reject—LCPS reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, based on the insurance market conditions affecting the availability or…