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REQUEST FOR PROPOSAL
District Telephone System
RFP# 2017.508
Submittal Deadline: April 13, 2017 by 2:00 p.m.
Issued by:
CCISD Purchasing Department www.ccisd.net/departments/purchasing/
Linda Bertram, Buyer
Email: [email protected]
GENERAL INFORMATION FOR VENDORS
Clear Creek Independent School District, “the District,” is accepting sealed proposals: to replace the current telecommunications system with a new enterprise-class Voice over Internet Protocol (VoIP) unified communications system. Direct all questions regarding this proposal in writing to: Linda Bertram, Buyer- Technology Email: [email protected] To be considered a responsive offer, proposers are required to submit an executed original of their proposal, proposal sheets and any other requested/required information in a sealed envelope. Please submit one additional copy, as well as an electronic version to the buyer (see Terms & Conditions #7). The proposal can be mailed, delivered by courier as well as hand-delivered to: GREG CRUTHIRDS, CLEAR CREEK ISD DIRECTOR OF PURCHASING, 2145 WEST NASA BLVD., WEBSTER, TX 77598. PROPOSAL ENVELOPES MUST INCLUDE: YOUR COMPANY NAME, RETURN ADDRESS, PROPOSAL NUMBER AND THE DUE DATE AND TIME. Proposals may be hand-delivered to the Purchasing Department during regular business hours. Any proposal received later than the specified time, whether delivered in person or mailed, shall be disqualified. The responses will be under evaluation and not available for public review until after approval by the Board of Trustees. Clear Creek ISD reserves the right to reject any or all proposals and to accept any proposals determined to be the most advantageous to the district and to waive any informality. If you are not responding to this procurement, please notify us of your intent to NO BID. CCISD is utilizing the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code Section 44.031 Purchasing Contracts, Request for Proposals for services other than construction services. For information regarding the RFP process, contact Greg Cruthirds, Director of Purchasing at (281) 284-0211. CCISD:
a. Reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposal b. Reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors. The decision
to award multiple contracts, award only one contract, or to make no awards rests solely with CCISD. c. Assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a response or
any amendments or addenda, participating in bid conferences, participating in any negotiation sessions or discussions, or any other costs incurred by vendors prior to award of a contract pursuant to this RFP.
d. Reserves the right to reject any and/or all responses, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interest of the School District. CCISD further reserves the right to accept, reject, or negotiate modifications in any terms of a proposed vendor’s response or any parts thereof. CCISD further reserves the right to waive any formalities or technicalities if deemed in the best interest of the School District. CCISD also reserves the right as sole judge of quality and equality.
Any interpretations, corrections, additions or changes to this RFP will be communicated to vendors by the issuance of an addendum. It is the responsibility of the vendor, prior to submitting their response, to determine whether an addendum was issued. All vendors shall comply with the requirements specified in any addendum issued by CCISD. A vendor may be disqualified before or after the responses are unsealed, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage. This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions and understandings (whether orally or in writing). Submitted responses should be self-explanatory and should not require any clarification or additional information. Once submitted, CCISD will not return responses to vendors. A response that has been submitted to CCISD may be withdrawn by email or online prior to the deadline for submission of responses. Vendors are required to certify a Non-Collusive Statement. Vendors are required to state the party submitting a response, that such response is genuine and not collusive or sham; that vendor has not colluded, conspired, connived or agreed, directly or indirectly, with an
entity or person, to put in a sham response or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the response price or of any other vendor, or to fix any overhead, profit or cost element of said response price, or of that of any other vendor, or to secure any advantage against CCISD or any person interested in the proposed contract, and that all statements in said response are true. CCISD is a governmental body subject to the Texas Public Information Act. Responses submitted to CCISD as a result of this solicitation may be subject to release as public information after contracts are executed or the procurement is terminated. If a vendor believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the vendor must specify page-by-page and line-by-line the parts of the response which it believes are exempt. In addition, the vendor must specify which exception(s) to the Texas Public Information Act are applicable and provide detailed reasons to substantiate the exception(s). Vague or general claims to confidentiality will not be accepted. CCISD assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by vendors.
CCISD is tax-exempt. Response prices should not include taxes. CCISD is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government
Officers. House Bill 23 significantly changed Chapter 176 as well as the required disclosures and the corresponding forms. As of September
1, 2015, any vendor who does business with CCISD or who seeks to do business with CCISD must fill out the new Conflict of Interest
Questionnaire (CIQ) whether or not a conflict of interest exists. A conflict of interest exists in the following situations:
(a) If the vendor has an employment or other business relationship with a local government officer of CCISD or a family member of the officer that results in the officer or family member receiving taxable income, other than investing income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local government entity and vendor had been executed; or
(ii) the local government entity is considering entering into a contract with the vendor;
(b) If the vendor has given a local government officer of CCISD, or a family member of the officer one or more gifts that have an aggregate value of $100 in the 12-month period preceding the date the officer becomes aware that:
(i) A contract between the local government entity and vendor had been executed; or
(ii) The local government entity is considering entering into a contract with the vendor.
In accordance with federal EDGAR requirements, 2 CFR § 318(c)(1), no employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
The officers, employees, and agents of CCISD may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, through CCISDs written procedures, CCISD has set a de minimis amount of less than $50 per year for items that are unsolicited and of minimal value and promotional items.
Violations of this standard by an employee will be reported to the Superintendent’s Office and addressed through CCISD’s personnel policies. Violations of this standard by an officer or the Superintendent shall be addressed to the Board President and addressed through CCISD Board policies.
DISTRICT OVERVIEW ______________________________________________________________________________
Profile of the District: The Clear Creek Independent School District spans 103 square miles and is located 20 miles south of Houston along Interstate 45/Gulf Freeway. This includes the communities of: League City, Seabrook, Webster, Kemah, El Lago, Nassau Bay, Clear Lake Shores and Taylor Lake Village, along with portions of Bacliff, Friendswood, Houston and Pasadena. The District provides instructional services to over 41,000 students at 44 campuses and is the 29th largest school district in Texas. There are currently twenty six (26) elementary schools, ten (10) intermediate schools, five (5) comprehensive high schools and two (2) charter schools. The mission of the Clear Creek Independent School District, the leader in visionary education, is to ensure that each student discovers and develops his or her unique talents and interests while realizing personal success and positively impacting their world through a new system distinguished by integrity, meaningful relationships, personalized learning, achievement, and a continuing commitment to Courage, Collaboration, Innovation, and Self-Direction.
RFP PURPOSE
The purpose of this Request For Proposal is: The Clear Creek Independent School District seeks a solution to replace the
current telecommunications system with a new enterprise-class Voice over Internet Protocol (VoIP) unified communications system from a major manufacturer. The current phone system, an Avaya/Nortel CS1000 system, is more than 10 years old and is considered end of life by the manufacturer. Clear Lake High School, McWhirter Elementary School, Challenger-Columbia Stadium, and portions of Seabrook Intermediate School, Clear Creek High School, and Clear Brook High School are serviced by a ShoreTel Unified Communications System. It is the intention of the Clear Creek Independent School District to provide unified communications services to all facilities utilizing a single manufacturer’s solution and the district is open to trade-in options to obtain a single manufacturer system. The vendor will design, install, configure, provide hardware/software maintenance, and training on a complete unified communications system. This system includes traditional telephone handsets, voicemail, automatic call distribution/workgroups, softphones, and mobility applications (See Details in Requirement and Feature Set sections below). The new system will integrate with the existing CCISD network infrastructure as described in the sections below. The vendor is expected to plan and conduct the installation of the project with minimal impact to daily operations and staff. Staff will work closely with the vendor to create a working project plan that will achieve these goals. Work will be performed during normal business hours Monday-Friday with potential occasional work on Saturday or in the evenings at the discretion of The District. It is the intention of the Clear Creek Independent School District to begin installation of the unified communications system in June 2017.
The District intends to purchase immediate requirements and supplemental needs on an as-needed basis.
CCISD Purchasing Department documents are made available via CCISD Website and Public Purchase for qualified vendors who wish to
submit a formal response.
CLEAR CREEK ISD STANDARD TERMS AND CONDITIONS
These terms and conditions are applicable to and form a part of all contract documents and purchase orders issued as a result of award.
This written document is the entire agreement between both parties, and supersedes any previous written or oral agreements. Future
amendments to the agreement will be in the form of a written amendment.
1. CONTRACT AWARD: The District expects to award this proposal in May. 2. CONTRACT TERM: This contract will be effective for one (1) year, with renewal options for additional one year periods (as listed
below), at the District’s option and with the acceptance of the awarded vendor(s). In the event this proposal expires before another proposal is awarded, the District may extend the contract term on a month-to-month basis by mutual agreement with the vendor. Initial Term June 1, 2017 through May 31, 2018 First Renewal Option June 1, 2018 through May 31, 2019 Second Renewal Option June 1, 2019 through May 31, 2020 Third Renewal Option June 1, 2020 through May 31, 2021
3. ANNUAL REVIEW: The contract will be reviewed by buyer annually for contract renewal consideration with the awarded vendor(s).
4. ANNUAL APPROVAL: The contract and subsequent renewals will be presented for approval at a regularly scheduled Board of Trustees meeting, as required.
5. VENDOR CHANGES AND UPDATES: Vendors shall send all updates of their company and contact information directly to the buyer listed on the cover page.
6. OFFEROR CONDUCT – Beginning with your receipt of this Notice and during the proposal process, Proposers are not permitted to contact any District Board of Trustees member, officer or employee, other than the District Director of Purchasing and the designated buyer. No gratuities of any kind will be accepted, including meals, gifts or trips.
7. SEND PROPOSAL TO – To be considered a responsive offer, submit the Original Signed proposal, proposal sheets and any other requested information in a sealed envelope on the forms provided. a. Submit the proposal in a sealed envelope. On the envelope you must include your company name, return address, the proposal
number and the due date / time. b. Mail the proposal to:
Greg Cruthirds, Director of Purchasing 2145 West Nasa Blvd, Webster TX 77598
c. Proposal may also be hand-delivered to the CCISD Purchasing Department during regular business hours.
d. Electronic Submissions: In addition to the signed original and (1) copy required, proposals shall be e-mailed to the designated Buyer. Electronic submissions are required IN THE FORMAT AND ON THE FORMS PROVIDED, yet do not constitute proposal acceptance. Only a signed original proposal will constitute a formal proposal submission by the date and time noted above.
8. CERTIFICATIONS – vendor acknowledges the following certifications by submission of the proposal. Business information form, tax payer identification, resident / nonresident certification, non-collusion certification, felony conviction notification, national criminal history (supplier employees), debarment / suspension form, clean air and water act, certification regarding lobbying, references, Hub certification, acknowledgement form.
9. PROPOSAL VALIDITY: Proposal shall remain valid, pending award, for 90 days. All prices and discounts will remain effective for one year from date of award.
10. INTERPRETATION – If a person contemplating submitting an offer for the proposed contract is in doubt as to the true meaning of any part of the proposal documents, he/she may submit a written request for an interpretation.
11. LATE PROPOSALS – Proposals not received and date/time stamped by the District Purchasing Office by or before the proposal closing time are not accepted. Late delivery attempts will be refused.
12. SUITABILITY – The District reserves the right to accept or reject all or any part of any proposal, waive minor formalities, to be the sole judge of quality and suitability and award the proposal deemed to be most advantageous to the District.
13. EXCEPTIONS – Any exceptions taken to the terms and conditions of this proposal request must be clearly stated, in writing, and attached as a part of the proposal.
14. GOVERNING LAW – All items and services offered shall conform to all applicable local, county, state and federal laws, ordinances and regulations. The venue for any legal actions arising from this contract will be Galveston County, Texas, the county of the administrative headquarters of the school district.
15. INDEMNIFICATION – Successful vendor(s) shall indemnify and save harmless Clear Creek Independent School District from and against any and all claims, demands, damages, lawsuits, expenses, costs, liabilities, injuries, liens, and causes of action arising out of, resulting from, or in any manner connected with the performance of the work hereunder, to the extent caused in whole or in part by the negligent acts or omissions of the vendor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by the partial, but not sole, negligence of Clear Creek Independent School District. The contractor hereby agrees to defend any and all such actions brought against Clear Creek Independent School District for any and all expenditures, or expenses, including, but not limited to, court costs and attorney’s fees, made or incurred by Clear Creek Independent School District, and/or by reason of any such suit or suits.
16. EQUAL EMPLOYMENT OPPORTUNITY – All Vendors shall be in compliance with Executive Order 11246, entitled “Equal Employment Opportunity” as amended by Executive Order 11375, and as supplemented in the Department of Labor Regulations (41CFR Part 60). No individual shall be excluded from participating in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of, or in connection with, any such program because of race, color, religion, sex, national origin, age, handicap, or political application or belief.
17. PRICES – All prices are to be freight prepaid, include all delivery charges and are to be F.O.B. Clear Creek Independent School District. Upon mutual agreement, proposal prices can be extended beyond the firm price offer date. Submit unit price on quantity specified – extend and show total. In case of errors in extension, unit prices shall govern. In the event of a price decrease during the full term of the contract, such decrease must be made available to the District.
18. PATENT RIGHTS – Successful vendors shall indemnify and protect the District from any claim involving patent right or copyright infringement on goods supplied.
19. ENERGY STAR COMPLIANCE – Per the requirements of the District Energy Manager, all new equipment must be Energy Star compliant when available.
20. APPROPRIATED FUNDS – For any fiscal year, beginning September 1, the District’s obligation under any purchase order, contract, or service agreement arising from this proposal request is contingent upon the availability of appropriated funds from which payment for purchase orders, contracts, or service agreements can be made. No legal liability on the part of the District nor any payment or continuation of any agreement may arise until funds are made available to the District for this purchase order, contract, or service agreement and until successful vendor receives notice of such availability.
21. SPECIFIED/ALTERNATE ITEMS – Any catalog, brand name, and/or manufacturer’s reference used is descriptive, not restrictive, and is intended only to indicate type and quality desired. Proposals on brands of like nature and quality will be considered unless otherwise specified. If offering an alternate product, proposal must show manufacturer, brand, model, etc. of item being offered. Complete descriptive information of each alternate product must be included with the proposal. If the vendor takes no exception to the specifications, vendor shall be required to furnish brand names, models, etc. as specified.
22. AUTHORITY/ DISTRICT OPTION – All proposals must meet or exceed the District’s specifications. The District shall be the sole authority in evaluating and determining the equality of all alternate proposals. Substitutions below the minimum specifications shown will not be accepted.
23. EVALUATION CRITERIA – It is not the policy of the District to award contracts based solely on ‘low price’. The following factors are used by the District to evaluate the overall ‘best value’ per Texas Education Code 44.031(b): (1) Purchase price; (2) The reputation of the vendor and the vendor’s goods and services; (3) The quality of the vendor’s goods and services; (4) The extent to which the goods and services meet the District’s needs; (5) The vendor’s past relationship with the district; (6) The impact on the ability of the District to comply with laws relating to historically underutilized businesses (HUBS); (7) The total long-term cost to the District to acquire the goods or services; and (8) State of Texas preference; and (9) any other relevant factor as listed in the project documents. FACTOR POINTS
Purchase price 40
The reputation of the vendor and the vendor’s goods and services. 10
The quality of the vendor’s goods and services. 10
The extent to which the goods and services meet the District’s needs. 10
The vendor’s past relationship with the District 10
The impact on the ability of the District to comply with laws relating to historically underutilized businesses (HUBS) 0 The total long-term cost to the District to acquire the goods or services 20
State of Texas preference. _0_
TOTAL 100
24. PROPOSAL AWARD – The District reserves the right to award contracts for any, all, or none of the parts and/or items of this proposal request. Contracts for purchase shall be put into effect by means of purchase order(s) executed by the District ’s Purchasing Director after this proposal has been awarded.
25. NON-EXCLUSIVE AWARD – Except as noted, proposal award resulting from this request is not an exclusive agreement to purchase. The District reserves the right and option, without penalty, to purchase like materials and services from other sources when and if such purchases, in the opinion of the District, are necessary and in the best interest of the District. If the low proposal exceeds the District’s budget allocation, the district may elect, upon determination that the budget can be achieved through value engineering, to negotiate value engineering possibilities with the low contractor and award the contract upon agreement of items necessary to meet the budget.
26. PURCHASES – Purchases will be made on an as needed basis throughout the period of the contract by way of Purchase Orders. 27. VENDOR NON-PERFORMANCE. If at any time, the vendor fails to fulfill or abide by the terms and conditions or specifications
of the contract, the District reserves the right to cancel the contract without written notification of intent and to remove the vendor from the active vendor file.
28. CANCELLATION: The Clear Creek Independent School District reserves the right to cancel any contract (or purchase order) resulting from this Request For Proposal at any time, for any reason (or for no reason) with a thirty (30) day written notice to the contractor(s). If the vendor fails to perform as required in the proposal document, contracts may be terminated without notice. Contractor may cancel any resulting contract, at any time for any reason, or for no reason with a sixty (60) day written notice. Any notice required or permitted to be delivered to the contractor(s) shall be deemed to be delivered when mailed by registered or certified mail, return receipt requested, postage prepaid, and addressed to the bidders address appearing on the face of the Request For Proposal (or as subsequently revised or changed). Any compensation due the contractor(s) will be limited to items received and/or services performed and accepted by the District.
29. INVOICES– Seller shall submit an original invoice to Clear Creek Independent School District, PO BOX 799, League City, Texas 77574, Attention: Accounts Payable Department. Invoices must indicate the District purchase order number, Invoice Date, Name of Company, Complete mailing address and telephone number, Brief description of the item or service, quantity, unit price and extended price, Any other substantiating documentation or information as required by the contract. Invoices subject to cash discount will be calculated from the date final invoice is received by the District Accounts Payable Department.
30. PAYMENTS – The sum of the payments due Seller is limited to the amount of money stated on the face of the purchase order. Any products provided or services rendered in excess of this amount will be at Seller’s expense and not payable by the District. No alterations, substitutions or extra charges will be permitted without a written Change Order. Merchandise may not be billed at a price higher than the amount stated on the order. The District shall pay all undisputed invoices for accepted merchandise and/or services within 30 days of delivery or acceptance, whichever is later. Contracts requiring a monthly charge will be billed and paid on a monthly basis.
31. TAXES – Pursuant to Texas Tax Code Ann. Sec. 151.309, as amended. The District is exempted from sales and use taxes. Do not include federal excise, state or city sales tax in your totals. If it is determined that tax was included in the totals, it will not be included in any tabulation, award or payments. Tax exemption certificate will be furnished upon request.
32. ADDENDA TO RFP: The District reserves the right to revise and amend the specifications prior to the date set for the opening. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission or other error(s) in the RFP in writing and request modification or clarification desired. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFP. It is the responsibility of each Proposer, prior to submitting the proposal, to view the Purchasing Department webpage to determine if addenda were issued and, if so, to obtain such addenda for attachment to the Proposal. All questions must be received in writing by the Director of Purchasing via fax (281.284.9913). No addenda will be issued later than 3 business days prior to the proposal closing, except an addendum withdrawing the proposal or postponing the opening of the proposal. All addenda will be posted to the District Purchasing Department Web Page.
33. OPENING PROCEDURE – Proposals will be opened so as to avoid disclosure of contents to competing offerors and kept secret during the process of negotiation. Only the names of offerors will be read at a public opening.
34. PUBLIC INFORMATION ACT – Respondents to the proposal are advised that all materials submitted to the District as a part of their response, become and remain the property of the District and consequently cannot be returned to the respondent. Upon award by the District Board of Trustees, the materials are subject to disclosure under the Public Information Act, Texas Government Code, Chapter 552 and may be viewed and/or copied by any member of the public, including news agencies and competitors.
35. CONFIDENTIAL INFORMATION OR TRADE SECRETS – Per Government Code, Article 252.049, if any of the information is considered to be confidential or a trade secret belonging to the proposer and, if released would give advantage to a competitor or proposer, that information should be filed with the proposal in a separate envelope marked “confidential – do not duplicate
without permission.” Failure on part of the respondent to indicate the proprietary/confidential status for the applicable documents as recommended will release the District from any action or actions should said documents be made public. Respondents should note that entire responses cannot be considered “proprietary” or “confidential”, and any responses so marked will be considered “non-responsive.”
36. NEGOTIATIONS – The District may choose to award a contract based on the original submission, or move to negotiations. Because the District may choose not to enter into negotiations and/or request a best and final offer, all offerors are to assume the original submission, and any subsequent communication with the District, may be considered a final offer.
37. NON-WARRANTY OF PROPOSALS – Due care and diligence has been exercised in the preparation of the RFP, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services required, the exposures to risk, and verification of all information herein shall rest solely with those submitt ing proposals. Neither the District nor its representatives shall be responsible for any errors or omissions in this RFP. The District reserves the right to request additional information from the Company after the submission date. This written document is the entire agreement between both parties, and supersedes any previous written or oral agreements. Future amendments to the agreement will be in the form of a written amendment.
38. DELIVERY RESPONSIBILITY – The District will not be responsible for any material being delivered or services performed without a purchase order, signed by an authorized representative of the District.
39. SHIPPING REQUIREMENTS – The successful vendor shall take necessary actions to assure that orders are shipped promptly, to include partial shipments where appropriate. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: a) Seller’s name and address; b) Consignee’s name, address and purchase order number; c) Container number and total number of containers, e.g. box 1 of 4 boxes; and d) the number of the container bearing the packing slip (must accompany all goods delivered). The packing slip (or shipping ticket) must state clearly purchase order number, packing slip number, number of items, stock number, destination of delivery and delivery date. Seller shall bear cost of packaging unless otherwise provided.
40. DELIVERY TERMS: a) The title and risk of loss of the goods shall not pass to the District until the Buyer actually receives and takes possession of the goods at the point or points of delivery; b) Delivery terms are F.O.B. inside delivery, unless delivery terms are specified otherwise; c) The place of delivery shall be that set forth on the purchase order; d) Seller must provide goods or services within the term dates indicated on the purchase order. The terms of this agreement are “no arrival, no sale.” E) Successful vendor(s) shall promptly notify the District Purchasing Office when any single line item cannot be delivered within the specified delivery time (according to the purchase order). If the successful vendor is unable to provide the requested item within a mutually acceptable time, the District reserves the option to purchase the outstanding item(s) from an alternate source according to the terms and conditions of this proposal invitation.
41. DELIVERY ARO – Proposals must show the number of days required to deliver the article(s) to the specified location under normal conditions after receipt of an order (ARO). Delivery time will be considered in the evaluation process.
42. WARRANTY – Equipment / Products shall be new and the latest model. No remanufactured, demonstrator, used, or irregular product will be considered for purchase unless otherwise specified. The manufacturer’s standard warranty will apply unless otherwise specified. All products should be supplied complete, ready to be installed, including all cabling and connectors where applicable. Seller shall not limit or exclude any implied warranties. Any attempt to do so shall render this contract void at the option of the District. Seller warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings and descriptions, the specifications shall govern.
43. INTER-LOCAL AGREEMENTS & OPEN MARKET PURCHASES – In the best interest of the district, if the proposal goods and/or services are available at a lower price or better delivery time, it is to be understood that the District reserves the right to purchase these items through an inter-local agreement or on the open market.
44. SUPPLIER’S WARRANTY RESPONSIBILITY – The successful vendor(s) is ultimately responsible for and must assure the District that any warranty service shall be performed to the satisfaction of the District, regardless of whether the successful vendor or his/her agent performs the warranty work. If there is a question of whether it is the responsibility of the successful vendor or the manufacturer to repair a given defect, then it shall automatically become the successful vendor’s responsibility to see that the repair(s) is made to the satisfaction of the District.
45. REPLACEMENT PARTS – Warranty replacement parts may be refurbished. 46. WARRANTY WORK AND GENERAL TERMS OF WARRANTIES – The District’s purchase order(s) will be issued to the
successful vendor(s). The successful vendor(s) has the ultimate responsibility of insuring the delivery of complete, full functioning products that meet the District’s specifications in all details and are free of defects in materials and workmanship. The products are warranted against defects in materials and workmanship by the manufacturing company (ies)/successful vendor.
47. DEFECTIVE WORKMANSHIP – If defective workmanship and/or materials is found after acceptance and payment has been made, the supplier shall replace/repair the defective component(s), as required, at his/her own cost, within a reasonable amount of time (normally 10 working days), and at no extra cost to the District.
48. PENALTIES – Upon refusal of the successful vendor to make satisfactory and timely adjustment(s), the District reserves the right to claim and recover from said successful vendor by due process of law, such sums as may be sufficient to correct the error
or make good the defect in material and/or workmanship. 49. CERTIFICATIONS – Vendor acknowledges the following certifications by submission of the proposal;
Non-Collusive Bidding Certificate: (a) the proposal has been independently arrived at without collusion with any other vendor or with any competitor. (b) The proposal has not been knowingly disclosed and shall not be knowingly disclosed, prior to the opening of proposals for this project, to any other vendor, competitor or potential competitor. (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a proposal. (d) The person signing this proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification and under the penalties being applicable to the Vendor as well as to the person signing in its behalf.
Felony Conviction Notification: State of Texas Legislative Senate Bill No.1, Section 44.034, Notification of Criminal History, Subsection (a), states: “a Person or business entity that enters into a contract with a school district must give advance notice to the district if the Person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The District must compensate the person or business entity for services performed before the termination of the contract.” This Notice Is Not Required of a Publicly Held Corporation.
Criminal History Notification: Any project that requires a vendor to work in a classroom, gymnasium, parking lot, or other part of a school building where students will have access is affected by this provision. Prior to commencing any work under this Agreement, vendor will certify by Affidavit that the contractor has submitted to the necessary name-based and/or fingerprint-based criminal history background check and has obtained, as required by Texas Education Code Section 22.0834: national criminal history record information from a law enforcement or criminal justice agency for each employee of contractor hired before January 1, 2008; and/or national criminal history record information from the Texas Department of Safety for himself or herself and for each employee hired on or after January 1, 2008. Contractor or any employee of Contractor who will have direct contact with students must not have been convicted of an offense identified in Texas Education Code Section 22.085. In the event the District discovers that contractor or any employee of the contractor for whom certification is required has been convicted of a disqualifying offense, this Agreement is void. Clean Air and Water Act: Vendor certifies that company is in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as amended ( 42 U.S.C. 1857(h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environmental Protection Agency Assistant Administrator for the Enforcement.
Debarment / Suspension: The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal department or agency.
Certification Regarding Lobbying (when Federal Money is being used). The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement the undersigned shall complete and submit Standard Form-LLL, SF-LLL “Disclosure of Lobbying Activities” Form in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly.
HUB Certification: Bidding companies that have been certified by the State of Texas as Historically Underutilized Business (HUB) entities are encouraged to attach a copy of the HUB Certification when responding to this proposal invitation.
Resident Nonresident Vendor The 1985 Texas Legislature passed House bill 620 (now Chapter 2252 of Texas Government Code) relative to the award of contracts to nonresident bidders (out of state contractors whose corporate offices or principal place of business are outside of the state of Texas).This law provides that, in order to be awarded a contract as low bidder, a nonresident bidder’s response for construction, improvements, supplies or services in Texas be bid in amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. As defined by Texas Government Code 2252.001, a “resident vendor” means a vendor whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A
“nonresident vendor” means a vendor whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.
EDGAR Compliance: This new regulation from the Office of Management and Budget (OMB), coded as Title 2 of the Code of Federal Regulations (2 CFR) Part 200, were incorporated into general federal regulation on December 26, 2014. The new regulations govern all federal grants awarded by the US Department of Education (USDE) to the state or to any LEA on or after that date. The EDAR Certification is in the required forms.
50. NEW*****IMPORTANT CONTRACT DISCLOSURE REQUIREMENTS: The Texas Legislature passed House Bill 1295, which amended the Texas Government Code by adding Section 2252.908 Disclosure of Interested Parties. Subsequently, the Texas Ethics Commission adopted new rules, effective for contracts entered into on or after January 1, 2016. A governmental entity may not enter into a contract subject to Section 2252.908 unless the business entity submits a Disclosure of Interested Parties (Form 1295) at the time the business entity submits the signed contract. The governmental entity must then submit a copy of the disclosure to the Texas Ethics Commission not later than 30 days after the date the governmental entity receives the required disclosure. According to the Texas Ethics Commission’s website, a new mandatory filing application to file Form 1295 will be available on its web site by January 1, 2016. More filing information can be found at https://www.ethics.state.tx.us/tec/1295-Info.htm.
51. INSURANCE REQUIREMENTS – (if applicable): Successful Vendor, shall provide proof of insurance showing, as a minimum, the coverage listed below. The Contractor shall not commence any portion of the work under this contract until he/she has obtained the insurance required herein and copies of certificates have been approved by the District and filed in the Purchasing Department. Approval of the insurance shall not relieve or decrease the liability of the successful vendor. The insurance certificate(s) shall become a part of the contract documents.
General Liability: $1,000,000 per occurrence
Workers Compensation: * AS TEXAS STATUTORY PROVISIONS REQUIRE
* If vendors does not provide Compensation, a letter explaining alternate benefits should be included with the proposal.
Alternatives are not allowed for construction vendors.
Automobile Liability Insurance:
Combined Single Limit: $500,000 each person
Coverage shall include:
a. Waiver of subrogation endorsement in favor of the District and its Agents.
b. Thirty (30) day written notice of cancellation or material change endorsement in favor of the District and its Agents.
c. The District shall be named as additional insured on the successful vendor’s policy (ies) on primary and non-contributory
basis.
SPECIFICATIONS AND REQUIREMENTS
Requests must list any and all exceptions on a separate, attached sheet. Vendors may offer one alternative to specific items UNLESS ITEMS ARE LABELED “NO SUBSTITUTE.” Vendors MUST show brand name for all alternate items offered. Prices shall include shipping, handling and freight charges and all shipments are FOB CCISD.
REQUIREMENT SUMMARY The new Unified Communication system design should provide a fully integrated, single manufacturer solution for all CCISD facilities.
The system should be expandable at the convenience of the District and it must provide a single image design for administration. The
estimated total number and description of endpoints needed for each location can be found in Appendix B below.
All existing handsets should be replaced with modern IP handsets and system features should be accessible through the system
provided handset, softphone application, mobile application, and/or the Microsoft Outlook client. The system should be able to interface
with Microsoft Office365 as well as other line of business applications as appropriate. System directories, class of service for telephony
capabilities, and trunk group access should apply to all locations. CCISD also requires a high availability system installed at both on-site
data centers. These data centers are CCISD’s Technology Learning Center and Central Support Facility which are connected via
multiple 10Gbps fiber optic links in a ring topology. These facilities are physically 5 miles apart (13 miles of fiber). The vendor should
include in their response the benefits that their system will provide including, but not limited to, the market position of the company and
product, unique feature sets and the increased efficiencies that staff will realize.
The project will be properly engineered and designed to meet the technical requirements listed below.
TECHNICAL REQUIREMENTS Design Requirements 1. Establish a design for a distributed architecture to ensure local survivability. Core redundancy (Technology Learning Center and
Central Support Facility) with complete failover must be provided to ensure maximum availability. The system should be able to completely failover from one internal data center to the other with minimal disruption of service. The system should allow for balancing of traffic between the two data centers during normal operation.
2. Design should consider all requirements stated within this document. 3. Recommendation will require approval from the Clear Creek ISD Technology Department prior to configuration and installation of all
hardware and software.
System Requirements 1. Vendor will provide a Unified Communications System with 6,000 (plus or minus 10%) telephone handsets as listed in Appendix B.
2. Provide a full featured Voice Mail System with auto-attendant and voice messaging services as well as integration with Microsoft
Office365 and the Microsoft Outlook client.
3. Provide full featured mobility clients (mobile application and softphone) as well as the ability to operate handsets off the District
network. Clear Horizons Early College High School is housed at San Jacinto College – South Campus. As such, it utilizes San
Jacinto College’s network infrastructure to provide Internet connectivity. It is the intention of the Clear Creek Independent School
District to maintain full-featured unified communications services including the operation of handsets from this system at that
location.
4. The vendor will be responsible for all programming and configuration of core and system appliances to comply with district standard.
5. Clear Creek ISD will maintain its existing dialing plan as well as direct inward dial (DID) and locally assigned numbers. The vendor
will be responsible all programming and configuration of the system to maintain the existing district standard.
6. All infrastructure components will be mounted in existing two-post racks unless otherwise stated by the district. If an additional rack
is required, the vendor will add the necessary rack at the discretion of the District.
7. Enhanced 911 Services are a mandatory feature for this system. This includes the ability to notify the CCISD Safe and Secure
Schools Department with full call details in the event of a 911 call being made and the ability to monitor/intercept the call in-progress
to provide for local emergency response as appropriate.
8. Vendor will integrate the new unified communications system with the existing intercom systems. The unified communications
system will allow authorized telephones to make announcements over the campus intercom system at each site. The intercom
system manufacturer and type varies from campus to campus. The vendor will maintain or improve upon the existing functionality
and is responsible for verifying this functionality during implementation. See the inventory of the intercom systems installed
throughout the District in Appendix C.
Classroom and Staff Handsets
1. The handset quantity with location is listed in Appendix B – Nortel Handsets and Locations and Appendix C – ShoreTel Handsets
and Locations.
2. The vendor will be responsible for all configuration of handsets to comply with district standard.
3. All handsets must be the model below or equivalent (except where noted).
a. Shoretel IP485G or Equivalent
b. Shoretel IP420 or equivalent with secure wall mount kit
4. All end user handsets are to run via PoE (Power over Ethernet).
5. Power for the full operation of all telephone handsets connected to the system will be provided via existing Cat5E/Cat6 cable.
6. The primary purpose of classroom handsets is as a life safety device.
7. If the vendor bids ShoreTel as the manufacturer, the equipment in Appendix B – ShoreTel Handsets and Locations will not need to
be replaced.
System Administration
Installation of the new unified communications system will include training for technology staff in the administration of the system. Respondent to supply all additional equipment and software needed for system programming and operation. 1. The unified communications system must be compatible with Microsoft Office365, Microsoft Outlook and Microsoft Active Directory.
2. All server components must operate as a virtual server running in a VMWare vSphere 6 or higher environment or as a physical,
purpose built appliance.
3. Administration of the system should be performed through an encrypted, browser based administrative portal utilizing SSL.
4. System Management Console must provide a single image design.
5. Security levels for users and administrators should be integrated with Active Directory and allow the administration of the unified
communication system using Active Directory based accounts.
6. The system must allow for backups to be performed on the system at regular scheduled intervals and allow for backup data to be
stored remotely.
7. Clear Creek ISD utilizes Encore Enboard for automated account and resource provisioning. The ideal system will allow for
automatic provisioning and de-provisioning of unified communications features and services based on Active Directory information
and status.
External Connectivity/Trunking The vendor must provide all necessary equipment and wiring to connect to PRI and /or SIP trunks. Clear Creek ISD desires to route 911
calls through existing local POTS lines designated as “emergency lines” at campuses. These lines are not tied to life safety services
such as fire alarms, intrusion alarms, or elevator phones. In addition to emergency calls, the local system should be survivable and allow
for outbound calls to be made through the POTS line noted above. The system should have the ability to give 911 calls priority and allow
for in-progress calls to be interrupted in the event another station dials 911. Existing analog POTS lines used for other purposes such as
fire alarms will not be managed/utilized with the new Unified Communications System.
Local Exchange carriers are AT&T and Frontier Communications, based on campus location. PRI service is currently provided by AT&T
with demarcation of the PRI circuits at Space Center Intermediate School, 17400 Saturn Lane Houston, TX 77058. It is the intention of
Clear Creek ISD to transition the PRI service to SIP trunks within the next 12 months.
Network Infrastructure
The Clear Creek ISD network consists of the following equipment manufacturers. Any additional network infrastructure components will
be supplied by Clear Creek ISD.
Edge Switches: Aruba Networks 2500 series PoE switches
Core Switches/Routers: Juniper Networks
Wireless: Aruba Networks, 802.11N or 802.11AC (depending on facility). Primary SSID is 5Ghz only.
Connectivity: 10Gbps to campuses and between the MDF and IDF(s); 1Gbps to endpoints
The vendor will be responsible for working with CCISD Technology to make any configuration changes to the existing network
infrastructure required to support the unified communications system. In addition, the vendor will be responsible for ensuring any mobile
application reliably performs the handoff between the CCISD wireless network and mobile carrier networks.
Structured Cabling
The unified communications system will utilize the existing Cat5E/Cat6 structured cabling plant. In most cases, handsets will be a “one
for one” replacement and will require no reconfiguration in MDFs and IDFs. The vendor will replace 6” user end patch cable for each wall
phone and utilize existing patch cables for non-wall mounted phones. Also, the vendor will be responsible for connections from the
unified communications system to any connected equipment and re-termination of any related connections as needed.
Power Environment Contractor will connect to existing Tripp-Lite Uninterrupted Power Supplies in all MDF/IDFs. All existing systems at campuses accept a
NEMA 5-15 and 5-20 electrical connector.
PROJECT REQUIREMENTS Single Point of Responsibility
CCISD expects to have a single point of contact, i.e. a single point of authority and a single contracting entity for this project. CCISD will not enter into any agreement that does not provide a single point of accountability for the installation of the system. If the vendor utilizes any subcontractors for any part of the system architecture, design, planning, installation or support it should be understood that the successful respondent will be the sole responsible party for all activities. It is the intent of this Request for Proposal that the responder provides a complete, end to end solution for the installation. The vendor shall provide design, planning, system architecture, installation, network analysis, training and post installation support for the project. The Clear Creek Independent School District Technology Department will act as the consultant and Single Point of Responsibility for The Clear Creek Independent Scholl District.
Project Management
Vendor is expected to provide a project manager for this installation that will interface and become the main contact with the vendor for the duration of the project. This project manager will be assigned to CCISD throughout the life of the project. CCISD reserves the right to request a change in project management based on performance. All work is to be completed as per these specifications and any accompanying drawings. Contractor shall be responsible for all coordination and sequence with all other work-in-progress by all other trades. The vendor should have experience implementing a unified communications system for an organization of the size and scope of the Clear Creek Independent School District.
Transition Plan
The vendor is expected to plan and conduct the installation of the project with minimal impact to daily operations and staff. Clear Creek
ISD Technology Staff will work closely with the vendor to create a working project plan that will achieve these goals. This includes a
project plan to migrate all existing users to the new unified communications system. Work will be performed during normal business
hours Monday-Friday with potential occasional work on Saturday or in the evenings at the discretion of The District. It is the intention of
the Clear Creek Independent School District to begin implementation of the unified communications system in June 2017.
Maintenance and Support
The Clear Creek Independent School District intends to obtain maintenance services on the unified communications system for a period of five years. Service should be manufacturer maintenance provided with 24x7x365 with a 4-hour minimum response time, 2-hour emergency response time preferred. System maintenance should include hardware, software and licensing support/upgrades for all components excluding handsets. Clear Creek ISD is also interested in the option of including the handsets in the maintenance contract. The vendor will have manufacturer certified engineers available to provide regular and emergency support located in the nine county Houston Metropolitan Statistical Area as defined by the US Census Bureau and US Office of Management and Budget.
Training
The vendor will provide training materials for end-users and provide “train the trainer” opportunities for Clear Creek ISD staff so that end-
users can be properly trained in the use of the system. Technical support staff will receive training from the vendor as part of “knowledge
transfer” during and after implementation of the unified communications system. Manufacturer authorized training to become self-
sufficient in the configuration and operation of the unified communications system should be included for three network engineers.
Inventory
An inventory of all deployed hardware to include serial number, CCISD barcode (as appropriate) and location is required. A template will
be provided at the appropriate time by the Clear Creek ISD Technology Department.
FEATURE SET The system should include features considered industry standard in a modern, enterprise class unified communication system from a
major manufacturer. In addition to those features, the features below, or their equivalent should be included in the system.
Trunking Life Safety
Domestic or International Long Distance Services via SIP or PRI Trunks Local Phone Trunks (Routing for 911)
Centralized Trunking with failover capability Shoretel Emergency Notification System or equivalent
Local POTS (Must Integrate for Local Survivability) Mobility
SIP and/or PRI Interface Shoretel Mobility app or equivalent
Security and Compliance Shoretel Connect client or equivalent
Voice and Signaling Encryption Auto Hand Off
Encrypted Audio (SRTP) Dual Persona
Remote Access Secure Tunnel (RAST) Administration
Reverse Proxy Enhanced 911 Service (See Life Safety Section)
Traversal Using Relay Around NAT (TURN) Authorization Codes
Web Real-Time Communication (WEBRTC) Customer Logos
One-Time Conference Access Codes Call Reporting
7-digit Access Codes Call Recording
Password Protected Conference Password Administration
Encrypted Web Conferences (HTTPS) System Features
Conference Locking Shoretel Operator Call Manager or Equivalent
Collab Client Web and App Dialer
Video Conference (Peer-to-Peer & Peer-to-Multi-Point) Call recording
Instant Messaging Softphone Integration with Browser
Presence Virtual Phone Number – Conditional Forwarding
Calendar Sync Permanent Call Forwarding
Desktop Sharing Call Screening
Audio Conferencing Direct Inbound Dial Phone Number Assistant
Conference Floor Control/ Moderator Do Not Disturb
On-Screen Moderator Conference Controls Extension Assignment
Microsoft Outlook Integration Faxing
Microsoft Skype for Business Integration efax Management
Management Fax to Email
System Management Program for Phones, Permissions Applications, Trunks, and Voice Switches Fax Server
Call Quality Management Cloud Faxing Option
Diagnostics and Monitoring MS Outlook and Office 365 Integration
Topology Map Phonebook/Directory/Call Logs
Active Directory Integration Company Phonebook
Automated provisioning / De-provisioning of users Employee Directory
On Phone Call Logs
Inbound and Outbound Call-Detail Recording (CDR)
Telephones (Physical Handset & Softphone) Auto Attendant Services
Softphone Client Auto Attendant
Shoretel 485G or Equivalent Music on Hold
Shoretel 485G with BB424 or Equivalent Auto Call Distribution (ACD)
Shoretel 420 or Equivalent with Mounting Kit
Voice Mail and Messaging
Voicemail Transcription
Interactive Voice Response (IVR) Voice Mail Access
Voicemail Forward to Email
Teleconferencing
Conference Bridge
On-Screen Voicemail
Voicemail to Email Group Notification
Voicemail to Email Wav File Forwarding
PROJECT RESPONSE 1. Describe the overall architecture of the system.
a. Provide diagrams of the major system components and how they will connect into the existing Clear Creek ISD network.
b. Provide any hardware/software requirements for servers to support the unified communications system.
c. Provide diagrams to show how your products connect to external systems and services via PRI/SIP trunks and the PSTN
(Public Switched Telephone Network).
d. Provide an accurate estimate of space required for all back-ups of the unified communications system. Also, include any
software/hardware requirements to accomplish backups of this system.
e. Provide power requirements for each site.
f. Provide a design including the appropriate products and licensing to accomplish the 911 goals as outlined in this document.
g. Indicate your inability to furnish a feature listed in this document by highlighting it in your response. h. Indicate any additional features that are not noted, but are included in the recommended system as well as any that set your
unified communication system apart from your competitor’s products and services. i. Provide all necessary documentation of the system including product literature, and spec sheets.
j. At the completion of the implementation, provide full system documentation including full inventory of all products and licenses.
This should include location of equipment/license, description, model, and serial number.
2. Provide equipment list with version/model numbers and design description. The counts of existing handsets and voicemail boxes is
included in Appendix B and Appendix C
a. An itemized list of all required core equipment
b. An itemized list of required equipment to support PRI connectivity as well as SIP trunk capability in the future
c. An itemized list of software and software licenses
d. An itemized list of telephone handsets per the requirements noted in this document.
e. An itemized list of services (implementation, training)
f. An itemized list of any and all items to be provided by Clear Creek ISD.
g. A full description of the high availability and failover capabilities of the system per the requirements noted in this document.
h. A summary of your solution and specific supported features.
i. Address all the requirements listed in this document.
j. Provide pricing credits for the trade-in of existing handsets and/or core system components
3. Provide software licensing costs based on the options below:
a. Extension/Mailbox licensing, voicemail, and enhanced 911 services as noted in the previous section. (ShoreTel Connect
Essentials license or equivalent)
b. Extension/Mailbox licensing, voicemail, enhanced 911 services as noted in the previous section, softphone application, and
mobile application (ShoreTel Connect Standard license or equivalent)
4. Training
a. Provide a description of the necessary training for CCISD employees to be fully proficient in the use of the unified
communications system.
b. Provide “train the trainer” training to CCISD Technology employees so that they may train CCISD employees in the user of the
unified communications system.
c. Include the recommended level of manufacturer authorized classroom training for up to three network engineers. This should
include at minimum an introductory system administration course. Indicate the closest manufacturer authorized training centers
to League City, TX and the frequency with which this training is offered. Training must be offered in the State of Texas unless
training is not available in Texas.
d. Provide “knowledge transfer” to CCISD’s Technology staff in the operation and administration of the unified communications
system. It is the intention of Clear Creek ISD that all on-site work will be conducted with CCISD Technology staff so that they
can learn from the vendor’s team during implementation.
5. Implementation
a. Provide a project plan to move users off the existing Nortel system and ShoreTel system (if appropriate) to reduce the impact to normal business operations.
b. Provide pricing for “turnkey” implementation service where all tasks are completed by the vendor. c. Provide pricing for engineering, project management and other critical, high level services. In this pricing model, Clear Creek
ISD Technology staff will work with the vendor to install the telephone handsets in classrooms and office spaces in addition to removing and inventorying the existing telephone handsets.
6. Single Point of Responsibility / Accountability. Indicate your understanding and compliance to have a single point of contact, i.e. a
single point of authority and a single contracting entity for this project.
7. Maintenance and Support.
a. Provide pricing for five years of system maintenance including hardware support, software support/upgrades, and licensing support for the core system components. This maintenance will be 24x7x365 4-hour on-site service and include access to manufacturer phone, email, and/or chat based support. This support contract excludes handsets and other minor peripheral items.
b. Provide pricing for five years of “bumper to bumper” system maintenance including hardware support, software support/upgrades and licensing support for all components of the unified communications system. This maintenance will be 24x7x365 with a 4-hour minimum on-site response time, 2-hour emergency response time preferred for core components and next business day (NBD) on handsets and include access to manufacturer phone, email, and/or chat based support.
c. Provide pricing for any other optional maintenance and support contracts/services d. Note if the maintenance contract is partner/manufacturer maintenance or direct manufacturer maintenance e. Discuss the full details of the service plan being proposed including full scope of responsibility. f. Does the vendor offer any “value adds” such as regular system checkups, system code upgrades, or any type of preventative
maintenance? g. For any items/services outside of the service contract, provide your company’s time and materials charge.
a. Does that charge differ outside of normal business hours? b. What is your company’s definition of normal business hours? c. Does your company charge for travel time for services?
h. Provide any ongoing maintenance costs to be incurred by the district
8. Company Profile
a. How long has your company been in operation? How many years of experience does your company have implementing unified communications systems?
b. What is your company’s primary line of business? c. What sets your company apart from others in the marketplace? d. What is your company’s relationship with the manufacturer? Describe any manufacturer recognitions and the partner status
(i.e. Platinum Partner, Gold Partner, etc.) of your company. e. How many employees does your company have?
a. Where are those employees located? b. What is the ratio of support/engineering staff versus other staff? c. How many of those employees will be working on or available to work on Clear Creek ISD’s account?
f. Do you have on-site engineers located within the nine-county Houston Metropolitan Statistical Area who can provide emergency service within two hours? Are those engineers available on-site 24x7x365? How many are available to Clear Creek ISD?
g. Will Clear Creek ISD have a dedicated lead support engineer? Who does Clear Creek ISD contact in the event the dedicated engineer is not available?
h. What is your plan to provide support during generally accepted/national holidays? i. How will Clear Creek ISD Technology staff contact your company for support? j. Provide status of any current or pending litigation against your company and/or the manufacturer that might affect your ability
to deliver the products and services offered. k. Provide a statement on the financial standing of your company and/or the manufacturer that might affect your ability to deliver
the products and services offered. l. Describe any other value‐added services your company is capable of providing. m. Provide physical location of your service desk, engineering and onsite support staff.
9. What capability does your solution have to migrate to a cloud service in the future if the district chooses to do so?
10. Provide the number of educational customers in Texas using the manufacturer’s system in school districts of similar size or larger.
Please provide the size of the largest educational organization in Texas utilizing this system.
PRICING SCHEDULE
Provide a pricing matrix similar to those provided below. CCISD reserves the right to purchase all or some of the proposed solution. Proposals shall include all costs deemed necessary to cover all contingencies essential to the supply and installation of the specified components and services. Any cost encountered which is not specifically itemized in the proposal shall not be incurred without the express written consent of the District. No additional compensation will be paid for extra work incurred on the part of the Contractor due to the failure to discover or acknowledge existing condition which may cause additional labor costs.
HARDWARE, SOFTWARE, AND LICENSES – ALL ITEMS SHOULD BE ITEMIZED. Item Description Quantity Unit Price Total
1
2
3 (Add additional lines as needed)
LABOR – COST OF IMPLEMENTATION Item Description # of Hours Hourly Rate Total
1
2
3 (Add additional lines as needed)
TRAINING ‐ INCLUDING NO CHARGE TRAINING Item Description # of
Classes
Cost per Class Total
1
2
3 (Add additional lines as needed)
MAINTENANCE AND SUPPORT Item Description Total
1 Provide pricing for five years of system maintenance
including hardware support, software support/upgrades, and
licensing support for the core system components. This
maintenance will be 24x7x365 with a 4-hour minimum on-site
response time, 2-hour emergency response time preferred
for core components and next business day (NBD) on
handsets and include access to manufacturer phone, email,
and/or chat based support.
2 Provide pricing for five years of “bumper to bumper” system
maintenance including hardware support, software
support/upgrades and licensing support for all components of
the unified communications system. This maintenance will be
24x7x365 with a 4-hour minimum on-site response time, 2-
hour emergency response time preferred for core
components and next business day (NBD) on handsets and
include access to manufacturer phone, email, and/or chat
based support.
3 Provide pricing for any other optional maintenance and
support contracts/services
4 Time and Materials Charge (Labor) – Normal Business Hours
5 Time and Materials Charge (Labor) – Outside of Normal
Business Hours
Other Costs Respondent must list any and all charges, expenses, and/or costs to be incurred by CCISD that are not included in this section. Failure to specifically and thoroughly enumerate such items may be a cause for disqualification.
APPENDIX A - DISTRICT MAP AND SCHOOL LOCATIONS
APPENDIX B - NORTEL HANDSETS AND LOCATIONS
School Nortel 2002/1220 Nortel 2004/1230 Voice Mailbox
Armand Bayou Elem 46 30 30
Bauerschlag Elem 91 33 33
Bay Elem 66 35 35
Bayside Inter 103 56 56
Brookwood Elem 63 28 28
Brookside Inter 74 48 48
Challenger Columbia Stadium 0 0 21
Clear Brook HS 180 116 116
Clear Creek HS 163 126 126
Clear Creek Inter 63 56 56
Clear Falls HS 172 145 145
Clear Lake City Elem 48 27 27
Clear Lake HS 168 74 74
Clear Lake Inter 72 47 47
Clear Lake HS 9th Grade 59 41 41
Clear Path Alternative 19 38 38
Clear Springs HS 182 146 146
Creekside Inter 70 47 47
Clear View HS 39 124 124
Falcon Pass Elem 86 33 33
Ferguson Elem 61 34 34
Gilmore Elem 73 31 31
Goforth Elem 86 35 35
Greene Elem 58 30 30
Hall Elem 72 47 47
Hyde Elem 64 31 31
Landolt Elem 67 27 27
League City Elem 51 26 26
League City Inter 83 53 53
McWhirter Elem - - 33
Mossman Elem 86 31 31
Northpointe Elem 66 31 31
Parr Elem 78 32 32
Robinson Elem 60 29 29
Ross Elem 55 31 31
Seabrook Inter 65 52 52
Space Center Inter 86 46 46
Stewart Elem 68 28 28
Victory Lakes Inter 107 46 46
Ward Elem 65 36 36
Weber Elem 93 34 34
Wedgewood Elem 58 35 35
Westbrook Inter 82 42 42
Whitcomb Elem 53 44 44
White Elem 43 30 30
CCISD Ag Barn - 2 2
Support Site Nortel 2004/1230 Voice Mailbox Conference Phones
CCISD Central Support Facility 115 110 2
CCISD Education Support Center 210 179 3
CCISD Technology Center 110 92 3
CCISD Transportation 25 18 1
Virtual Voice Mailboxes for teachers (District Wide): 2910
APPENDIX C - SHORETEL HANDSETS AND LOCATIONS
Site SG-220 SG-90 SG-30 ST-100 T1K IP 420 IP 485G
Clear Creek High School 1 2 60 65
Clear Brook High School 10 30
Clear Lake High School 1 1 85 99
Clear Horizons Early College High School
17 12
Challenger-Columbia Stadium 1
20 21
East Agricultural Science 1 1 1
McWhirter Elementary 2 101 33
Seabrook Intermediate 1 13 0
Technology Learning Center 1
4 21 41
APPENDIX D – INTERCOM SYSTEM TYPE AND LOCATION Clear Creek ISD is in the process of upgrading its current intercom system in various locations. All newly installed systems are the Rauland Telecenter U product, which is SIP based. Older systems in use include the analog based Rauland Telecenter V and Telecenter VI as well as the Bogen Communitel 2000. The current interface type, system model, and upgrade/replacement schedule is included below.
School Interface System Upgrade/Replacement
Clear Brook Analog Telecenter VI
Clear Creek HS Analog Telecenter VI
Clear Falls Analog Telecenter VI
Clear Lake SIP Telecenter U
Clear Lake 9th SIP Telecenter U
Clear Path Analog Telecenter VI
Clear Springs Analog Telecenter V Upgrade in Progress
Clear View HS Analog Telecenter VI
Bayside Int Analog Telecenter VI
Brookside Int SIP Telecenter U
Clear Creek Int Analog Telecenter VI
Clear lake Int SIP Telecenter U
Creekside Int Analog Telecenter VI Upgrade in Progress
League City Int SIP Telecenter U
Seabrook Int Analog Telecenter VI
Space Center Int Analog Telecenter V
Victory Lakes Int Analog Telecenter V
Westbrook Int Analog Bogen Communitel 2200 /
Telecenter U
Armand Bayou Analog Telecenter V
Bauerschlag Analog Telecenter V
Bay Elem Analog Telecenter VI
Brookwood Analog Telecenter VI
Clear Lake City SIP Telecenter U
Falcon Pass SIP Telecenter U
Ferguson Analog Telecenter V
Gilmore Analog Bogen/TCU
Goforth SIP Telecenter U
Greene SIP Telecenter U
Hall Elem Analog Telecenter V
Hyde Elem Analog Telecenter VI
Landolt Elem Analog Telecenter V
League City Elem Analog Telecenter VI
McWhirter Elem SIP Telecenter U
Mossman Analog Telecenter VI
North Pointe Analog Telecenter VI
Parr Analog Telecenter VI
Robinson Analog Bogen Communitel 2200 /
Telecenter U
Ross SIP Telecenter U
Stewart Analog Telecenter V
Ward Analog Telecenter VI
Weber SIP Telecenter U
Wedgewood Analog Telecenter VI
Whitcomb Elem SIP Telecenter U
White Analog Telecenter VI
Education Support Center Analog Toa Amp
VENDOR SUBMISSION CHECKLIST
If you are submitting a proposal, include the following pages with your response.
BUSINESS INFORMATION ACKNOWLEGEMENT
TAX PAYER IDENTIFICATION
REFERENCES
INTERLOCAL AGREEMENTS
HB 1295 (REQUIRED)
CONFLICT OF INTEREST
FOR AGREEMENT FUNDED BY US FEDERAL GRANT (EDGAR CERTIFICATION)
PROPOSAL SHEETS
HUB Certificate (if applicable)
BUSINESS INFORMATION
Business Name: ______________________________________________________________________________________________
Address: _____________________________________________________________________________________________________
City, State, Zip: _______________________________________________________________________________________________
Phone: __________________________________ E-mail: _____________________________________________________________
Contact person for Correspondence including contract awards and renewals: _______________________________________________
Business Web Address: ____________________________________________________ Do You Accept Purchase Orders yes / no minimum Order Amount, If Any$ ______________________
Discount for early payment? yes / no If Yes, ____ % Discount for Payments received in _____ Business Days
Years/Months in Business with Present Name: _________________
Type of Organization (Check All That Apply): Manufacturer Distributor, Wholesaler, Retailer, Consulting,
Construction, Broker, Service Provider, Other HUB Vendor (Certificate Attached)
BUSINESS REFERENCES
Proposer is to submit three (3) references that have contracted with the Proposer’s company to provide like products and/or services. It is recommended that the Vendor show school districts or other local government organizations equal to CCISD in size and structure, if possible. To expedite the evaluation process, e-mail is the preferred method of contact. Note: Failure to supply complete reference information may be grounds for proposal disqualification. References provided will be checked at the sole discretion of the District. Final evaluation results will be determined based on the information provided by the references and will be in the best interest of the District
1. Business Name:
Contact:
Phone: Email:
Description of Project or Work:
2. Business Name:
Contact:
Phone: Email:
Description of Project or Work:
3. Business Name:
Contact:
Phone: Email:
Description of Project or Work:
CLEAR CREEK INDEPENDENT SCHOOL
DISTRICT INTERLOCAL AGREEMENT
CENTRAL TEXAS PURCHASING ALLIANCE
lnterlocal Agreements with other School Districts through the Central Texas
Purchasing Alliance
A. Membership. Clear Creek Independent School District is a member in good standing of
the Central Texas Purchasing Alliance (CTPA I txctpa.org), an alliance of over 40 school districts in
Texas representing over a million students, sharing information, services and contractual opportunities.
CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through
interlocal agreements. For a list of current members, go to www.txctpa.org/memberlist
B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made
by Clear Creek Independent School District may be adopted by other active CTPA member
districts. By adopting a contract from another CTPA member district, the adopting district has
met the competitive bidding requirements established by the Texas Education Code, Section
44.031(a)(4) and as required by the adopting district's policies. There is no obligation on
either party to participate unless both parties agree. The goods and services provided under
the contract will be at the same or better contract pricing and purchasing terms established
by the originating district.
C. Adopted Contract Management. The adopting district shall be responsible for the
management of the new contract and all payments to the contracted vendor. The originating
district shall have no responsibilities under the new contract agreement.
ACKNOWLEDGEMENT
The undersigned, by signature, represents their authorization to bind the bidder to fully comply with the terms and conditions and all forms and attachments of this contract. Person authorized to sign bids, offers and contracts: Authorized Agents Name (Please print):
Title:
(Authorized Agents Original Signature) (Date)
HB 1295
__________________________________________________________________________________
Certificate of Interested Parties Information
Certificate of Interested Parties (Form 1295 – must be filled out electronically with the Texas Ethics Commission’s online filing application, printed out, signed, notarized, and attached to vendor’s response to this solicitation.
Clear Creek ISD (“CCISD”) is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits CCISD from entering into a contract resulting from this RFP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to CCISD at the time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission.
Proposers must file Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Proposers must use the filing application on the Texas Ethics Commission’s website to enter the required information on Form 1295. Proposers must print a copy of the completed form, which will include a certification of filing containing a unique certification number. The Form 1295 must be signed by an authorized agent of the business entity, and the form must be notarized.
The completed Form 1295 with the certification of filing must be filed with CCISD by attaching the completed form to the vendor’s solicitation response.
CCISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30th day after the date the contract binds all parties to the contract. After CCISD acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website with seven business days after receiving notice from CCISD.
As a “business entity,” all vendors must electronically complete, print, sign, notarize, and submit Form 1295 with their proposals even if no interested parties exist.
“Interested Party” means: (1) A person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) A person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or
state agency, including a broker, intermediary, adviser, or attorney for the business entity. “Controlling Party” means:
1. An ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10%;
2. membership of the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members;
3. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.
“Intermediary” means: “A person who actively participates in the facilitation of the contract negotiating the contract, including a broker, adviser, attorney, or representative of agent for the business entity who:
1. receives compensation from the business entity for the person’s participation; 2. communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and 3. is not an employee of the business entity.
(Sample)
FEDERAL COMPLIANCE GUIDELINES FOR THE USE OF FEDERAL FUNDS
Clear Creek ISD has elected to solicit this invitation to bid under the requirements set forth by the Code of Federal Regulations (CFR) Title 2 Grants and Agreements, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (2 CFR 200). Following these federal requirements will allow for federal funds entrusted to the Clear Creek ISD to be used to make purchases through the anticipated contract. The CFR is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government produced by the Office of the Federal Register (OFR) and the Government Publishing Office. The CFR may change during the term of the contract and the supplier may be required to make adjustments as necessary. It is necessary for the supplier to certify and agree that they as a company understand and comply with all applicable areas identified below and included with this attachment. Some of the areas may not be applicable to this solicitation and it is the supplier's sole responsibility to identify which areas are appropriate for the solicitation. Failure to affirm and agree to these requirements may, at Clear Creek ISD’s discretion, disqualify the associated response to this solicitation or limit the use of the awarded contract based on the funding source. Clear Creek ISD reserves the right at any time within the contract term to require an awarded supplier to reaffirm, sign and resubmit proper documentation stating that their company is not debarred, nor have any other circumstances changed related to their original response. The following items are applicable to all solicitations.
1. GENERAL. Included for all solicitations regardless of type or specialty. 1.1. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made
to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM (sam.gov) contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Prior to award, the Clear Creek ISD will verify that the supplier is not currently listed as a debarred by the Federal government. If the supplier is found to be on the Federal debarment list, the Clear Creek ISD, at its sole option, may elect to not award to the supplier if the funds intended for use with the contract will be federal funds. If awarded and during the contract term the supplier becomes debarred, the supplier must notify the Clear Creek ISD within five (5) Clear Creek ISD business days of the debarment. The Clear Creek ISD, its sole judgment, may elect to cancel the associated contract or limit the contract to non-federal funds. Such judgment will be done in writing within twenty (20) Clear Creek ISD business days. During this assessment period, no contract orders can be placed by the Clear Creek ISD using federal funds.
1.2. Conflict of Interest. 2 CFR 200.318(c)(1) states that the Clear Creek ISD must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from the contract awarded to a specific supplier. The officers, employees, and agents of the Clear Creek ISD may neither solicit nor accept gratuities, favors, or anything of monetary value from suppliers or parties to subcontracts. However, the Clear Creek ISD may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Clear Creek ISD. It is the responsibility for the supplier to identify and make the Clear Creek ISD aware any potential conflicts of interest that exist between their company and the Clear Creek ISD. Failure to do so will cause the associated supplier response to be disqualified from further consideration, or if already awarded, the associated contract will be cancelled based on cause.
1.3. Termination for Cause. All federal contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. As per the Clear Creek ISD’s General Provisions (attached to this solicitation), the Clear Creek ISD does not have a threshold, so therefore, all contracts for any amount may be terminated for cause (Part V, Item 2 – Contract Agreements, subitem 2.5 Termination by Default).
1.4. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The Byrd Amendment applies to all federal contracts, grants, or cooperative agreements, and subcontracts expected to exceed the Simplified Acquisition Threshold (SAT). All contractors and subcontractors should comply with the requirements of this Act. Suppliers must certify for orders over the SAT that they have not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. The supplier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award.
1.5. Small Purchases (2 CFR 200.320). Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold (SAT). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Specifically for multiple award catalog-based or no identifiable pricing, the Clear Creek ISD may be required to submit a request for quotation from the contracted vendors for the purpose of meeting the competitive bidding requirement of this section.
2. LARGE PURCHASES. For individual purchases that exceed the Simplified Acquisition Threshold. 2.1. Simplified Acquisition Threshold. Contracts for more than the Simplified Acquisition Threshold (SAT) currently set at $150,000
which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. In any case, contracts in excess of the state’s or state agency threshold must address the foregoing. Any purchase that meets or exceeds the SAT threshold will require additional cost/price analysis by the Clear Creek ISD. The supplier may be required to provide additional documentation to support this requirement based on the federal requirements at the time of the purchase.
2.2. Cost Analysis / Negotiation of Profit (2 CFR 200.323). For contracts over the SAT, the Clear Creek ISD must negotiate profit as a separate element of the price for each contract in which there is no price competition, including solicitations that received only one viable response. In all cases, a cost analysis is to be performed by the Clear Creek ISD. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
2.3. Supplier Violation or Breach of Contract Terms. For contract awards valued at or greater than the SAT the Clear Creek ISD must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding supplier default are included in the Clear Creek ISD’s General Provisions (attached to this solicitation), Part V, Item 1 – General Terms, sub-item 1.16 Warranties and Remedies. The remedies under the contract are in addition to any other remedies that may be available under law or in equity.
2.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and sub-grants of amounts in excess of the SAT must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
3. CONSTRUCTION (applies only to solicitations for construction under TGC 2269) 3.1. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction
contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.
3.2. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
3.3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
4. SPECIALIZED PROCUREMENTS. Applies only to solicitations for which specialized requirements are identified. 4.1. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement”
under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
4.2. Energy Policy and Conservation Act (42 U.S.C.6201). Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
4.3. Solid Waste Disposal Act. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
______________________________________________________________________________ FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
The following certifications and provisions are required and apply when CCISD expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the District and the District’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY PROVISION
As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders must complete
and submit with the bid the following affidavit:
I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement. I understand that under this provision, a sole proprietorship, partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract.
Does vendor agree? YES ______ Initials of Authorized Representative of Vendor
REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when CCISD expends federal funds, CCISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(B) Termination for cause and for convenience by the grantee or sub-grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when CCISD expends federal funds, CCISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. CCISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if CCISD believes, in its sole discretion that it is in the best interest of CCISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by CCISD as of the termination date if the contract is terminated for convenience of CCISD. Any award under this procurement process is not exclusive and CCISD reserves the right to purchase goods and services from other vendors when it is in CCISD’s best interest.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when CCISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
Does Vendor agree to abide by the above? YES ________ Initials of Authorized Representative of Vendor
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when CCISD expends federal funds during the term of an award for all contracts and sub-grants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when CCISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by CCISD resulting from this procurement process.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by CCISD, the vendor certifies that during the term of an award for all contracts by CCISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Pursuant to Federal Rule (G) above, when federal funds are expended by CCISD, the vendor certifies that during the term of an award for all contracts by CCISD member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by CCISD, the vendor certifies that during the term of an award for all contracts by CCISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by CCISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by CCISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by CCISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Vendor further certifies that Vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or sub-grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When CCISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336
Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTRS
Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
The undersigned, by signature, represents their authorization to bind the bidder to fully comply with the terms and conditions and all forms and attachments of this contract. Person authorized to sign bids, offers and contracts: Authorized Agents Name (Please print):
Title:
(Authorized Agents Original Signature) (Date)
