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SOUTHWEST REGIONAL EDUCATION COOPERATIVE

405 N. Date Street, Suite 8

Truth or Consequences, NM 87901

REQUEST FOR PROPOSAL- RFP #16-20SWREC

Southwest Regional Education Cooperative (SWREC), Managerial Council invites you to submit a proposal

to provide Computer Hardware/Software/Engineering/Cabling as defined in the following document.

Enclosed please find the following:

I. General Instructions

II. Introduction

III. Scope of Work

IV. Evaluation Criteria and Procedures

I. GENERAL INSTRUCTIONS

Submit five (5) hard copies (one "original" and four copies) of your response to this Request for Proposal

(RFP) in a sealed envelope, bearing the complete name and return address of the Offeror. Paste the

provided label on the outside envelope with the RFP number and opening date specified. Improper

identification may result in premature opening of, or failure to consider the material. All requirements must

be addressed in your proposal. Non-responsive proposals will not be considered. The proposals will be

opened and reviewed on December 17, 2015.

RECEIPT, WITHDRAWAL AND OPENING OF PROPOSALS

The established due date is either the time and date announced for receipt of proposals or receipt of

modifications to proposals, if any; or if discussions have begun, it is the time and date by which best and

final offers must be submitted. Proposals may be modified or withdrawn prior to the established due date by

delivering written or telegraphic notice to the Procurement Division.

Procurement law requires sealed bids or proposals. Therefore, SWREC cannot accept offers that are

transmitted using facsimile equipment. This may not apply to amendments or addenda that do not refer to

pricing or to the transmittal of supplemental product literature, drawings and the like. Please refer the specific

situation to the appropriate procurement official for clarification before proceeding.

Proposals will not be opened publicly but will be opened in the presence of two or more procurement officials.

Proposals will be time stamped upon receipt and held in a secure place until the established due date.

Proposals are shown only to SWREC personnel having a legitimate interest in this particular procurement

action until selection of a successful Offeror is made. After award, proposals become an open public record.

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PROPOSAL DISCUSSIONS AND PREPARATIONS

After submission of proposals and prior to award, SWREC may open discussion for the purpose of obtaining best

and final offers. Offeror submitting proposals may be afforded an opportunity for discussion and revision of proposals.

However, SWREC specifically reserves the right to award without discussions and based upon written proposals only.

If SWREC exercises its option to conduct discussions, the Procurement Officer will establish procedures and

schedules. If there is a need for any substantial clarification of or change in this Request for Proposal, it shall be

amended in writing to incorporate such clarification or change. Such an addendum will be mailed or otherwise provided

to each known Offeror of record. SWREC may extend the proposal due date if such information significantly amends

this solicitation or makes compliance with the original due date impractical.

SWREC may make such investigations as necessary to determine the ability of the Offeror to perform. SWREC reserves

the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy SWREC

that the offeror is qualified to carry out the obligations of the contract and complete the work described.

All costs incurred by the offeror, including preparation, transmittal, presentations, and interviews or for any materials

involved shall be borne by the offeror.

AWARD PROVISIONS

The award shall be made to the responsible Offeror, or Offerors, whose proposal is most advantageous to SWREC,

taking into consideration the specified evaluation criteria and/or any other pertinent factors. SWREC shall provide a

written determination showing the basis for the award, which shall become a permanent part of the procurement

file.

The contents of any proposal shall not be available to competing offeror or any other person without a lawful interest

during the negotiation process or until the contract is awarded. Upon award, unless exempted under the

confidentiality provision, all proposals are open and available for public inspection.

The schedule of payments will be as agreed upon during final negotiations or upon receipt of goods/services

as applicable. All proposals will be considered valid for a period of 90 days unless otherwise stated by the

Offeror.

Once awarded, any contract issued as a result of this solicitation will be the final expression of the agreement

between the parties and may not be altered, changed or amended except in writing. The contract between SWREC

and the successful Offeror shall be deemed to contain the terms and conditions of this request for proposal, unless

expressly stated otherwise in writing.

Any contract issued as a result of this solicitation shall be in effect for a period of one (1) year upon award. Contingent

upon funding and mutual agreement of the parties, contract may be renewed for an additional three (3) years one year

at a time. Total term of the contract shall be no more than four (4) years, except in the event that a temporary extension

may be required for coverage during the bidding or negotiation phase of a new RFP. Any outstanding orders at time of

termination shall be filled by the original contractor but without unduly prolonging the RFP process.

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Any Offeror who is aggrieved in connection with an award or any other procurement action may protest to the Southwest

Regional Education Cooperative Procurement Division. The protest shall be submitted in writing within fifteen (15)

calendar days after the facts or occurrences giving rise thereto.

CONFIDENTIALITY

Any Offeror may request non-disclosure of confidential data. Such requests must be made in writing and submitted with

the proposal response. SWREC will not unreasonably deny such requests and will advise the Offeror of its decision in a

timely manner. However, no Offeror may request the exemption of an entire proposal nor may pricing and information

concerning specifications be claimed as confidential. Other material or data, which the Offeror wishes to be considered

as confidential or proprietary, shall accompany the proposal, but must be separated and readily identifiable in order to

facilitate eventual public inspection of the non-confidential or non-proprietary portion of the proposal. Information such

as financial statements and the like is generally returned to the Offeror before final award.

STATUS OF OFFEROR

Offeror, its agents and employees, must be independent contractors performing services for SWREC and not

employees of the SWREC.

The Offeror, its agents and employees shall not be entitled to annual or personal leave, retirement, insurance, or any

other benefits that may accrue or be available to an SWREC employee and shall not be covered by workers'

compensation insurance purchased by the SWREC.

SUBCONTRACTING

All personnel engaged in the work represented by this proposal shall be fully qualified and authorized to perform such

services as the contract may require. No work may be subcontracted nor may the Offeror assign any interest in this

agreement without prior written consent of SWREC. No assignment or transfer shall relieve the Offeror from his/her

obligations and liabilities.

RECORDS, STATUTES

Records shall be maintained by the successful contractor as required by applicable municipal, federal or state laws,

ordinances, codes, and any contract arising from this solicitation. At any time during normal business hours and as

may be deemed necessary, there shall be made available to SWREC for examination all of contractor's records

relevant to this or any subsequent agreement. SWREC may audit, examine and/or make excerpts or transcripts from

such records including but not limited to invoices, materials, and payrolls, records of personnel, conditions of

employment or any other such data as may be pertinent.

The proposal and any subsequent contract are to be governed by the laws and statutes of the State of New Mexico. Any

provision required to be included in a contract of this type by an applicable and valid executive order, federal,

state, or local law, ordinance, rule or regulation shall be deemed to be incorporated herein.

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TRANSACTION REPORTING

Awarded vendors and government/school entities will be required to report their monthly sales and purchase

transactions on SWREC's vendor portal similar to the federal GSA program. Selected vendors will be provided a

username and password to our vendor portal page where they will be required to register the following information

for each transaction for the reporting month:

Government/School Entity Name

Date of Contract Award

Billing Date

Total Amount Billed

Invoice Number

Contract Number

Notes (if applicable)

File upload of scanned invoices in PDF format

From the monthly registration on the vendor portal it will calculate the total amount owed to SWREC. The invoice

will be emailed to the vendor contact. Payment will be due upon 60 days of receipt of email invoice.

Government/school entities (customers) will also use our vendor portal site to validate or confirm any contracts,

purchases, or transactions made leveraging the SWREC contract. If a customer's registration does not match or

validate a vendor's reported information, a transaction review/inquiry will be conducted by an authorized SWREC

representative.

If vendor fails to register more than 2 transactions in a 2 month period, vendor will no longer be authorized to

leverage the SWREC contract and be removed from preauthorized vendor list. An appeal may be made for

reconsideration by contacting the SWREC Executive Director in writing justifying your request for re-authorization

and inclusion back to the approved vendors list.

WARRANTIES, INDEMNIFICATION

Materials, supplies or services furnished under any contract issued as a result of this solicitation shall be covered by

the most favorable commercial warranties offered to any customer for the same or substantially similar materials,

supplies or services.

The rights and remedies provided herein shall extend to SWREC and are in addition to and do not limit any rights afforded

to SWREC by any other clause of this contract. Offeror agrees not to disclaim warranties of fitness for a particular

purpose of merchantability.

In the event that any third party shall claim the manufacture, use and/or sale of goods or services covered by a contract

issued as a result of this solicitation to be an infringement of any distributorship agreement, copyright, trademark or

patent, Offeror shall indemnify and/or hold SWREC harmless from any cost, expense, damage, or loss incurred in any

manner because of any such alleged infringement. Offeror also agrees to defend, indemnify, and hold harmless SWREC

and its officials, agents, and employees from and against any and all claims, actions, suits or proceedings of any kind

brought against said parties as a result of any services performed by the contractor under this agreement.

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TERMINATION

SWREC may by written notice cancel contract for contractor's default in whole or in part, at any time contractor refuses or fails

to comply with the provisions of the contract, or so fails to make progress as to endanger performance and does not cure such

failure within a reasonable period of time, or fails to make deliveries of the item(s) or to perform the service(s) within the time

specified or any written extension thereof. In such event, SWREC may purchase or otherwise secure item(s) or service(s) and,

except as may be otherwise provided; contractor shall be liable to SWREC for any excess costs occasioned thereby.

If after notice of cancellation for default, SWREC determines that the contractor was not in default or that the failure to perform

was due to causes beyond the control and without the fault or negligence of the contractor, cancellation shall be deemed for the

convenience of SWREC, unless SWREC shall determine that the item(s) or service(s) were obtainable from other sources in

sufficient time to meet requirements.

SWREC may by written notice stating the extent and effective date, cancel the contract for convenience, in whole or in part, at any

time. SWREC shall pay contractor as full compensation for performance until such cancellation (1) the unit or prorata order price

for the delivered and accepted portion and (2) a reasonable amount, not otherwise recoverable from other sources by contractor

as approved by SWREC with respect to the undelivered or unaccepted portion of the order; provided compensation shall in no

event exceed the total contract price.

If SWREC determines that contractor has been delayed due to causes beyond the control and without the fault and negligence

of the contractor, SWREC may extend the time for completion when promptly applied for in writing by the contractor. Sole remedy

of contractor in event of delay by failure of SWREC to perform shall be limited to any money actually and necessarily expended

in the work during the period of delay, solely by reason of delay. No allowance will be made for anticipated profits. Contractor is

defined as the contractor and any sub-contractors at any tier.

A contract may be canceled at any time due to non appropriations.

Any violation of the Procurement code, Chapter 13 the statute takes precedence.

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CONFLICT OF INTEREST

Offeror warrants that he/she has no interest, and shall acquire no interest, which would directly, or indirectly conflict in any

manner or degree with the performance of this proposal. No person or selling agency may be employed or retained to

solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or

contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained or

utilized by Offeror for the purpose of securing business. For violation or breach of this warranty, SWREC shall have

the right to annul this contract without liability or, at its discretion, to deduct price or consideration or otherwise recover

the full amount of such commission, percentage, brokerage or contingent fee.

In signing this proposal the Offeror certifies that he/she has neither directly nor indirectly entered into action in restraint

of the fee competitive process in connection with this solicitation.

The Procurement Code, Sections 13-1-21 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its

violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kick-

backs.

Due Date, Time and Place

Proposals must be delivered on or before the due date and time specified. Late proposals will not be accepted.

Office hours for receipt of proposals are Monday through Friday from 8:00 a.m. to 4:30 p.m., local time, excluding

holidays. The office will be closed Nov.23-27, 2015

Mailing and Delivery Address: Deadline for Submission

Southwest Regional Education Cooperative Date: December 16, 2015

405 N. Date Street Time: 2:00 pm

Truth or Consequences, New Mexico 87901

Contact Personnel

Any inquiries or request regarding this procurement should be submitted to the Procurement Officer by e-mail

tohrman@swrecnm.orq. Offeror may contact ONLY the Procurement Officer regarding the procurement. Other SWREC

employees do not have the authority to respond on behalf of the SWREC. Any offeror who does not adhere to this

requirement risks their proposal to being deemed non-responsive and rejected on that basis.

Tammie Ohrman, Procurement Officer

SWREC

405 N Date Street

Truth or Consequences, New Mexico 87901

(575)575-7589 Office

(575)575-7584 Fax

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II. SCOPE OF WORK

The Southwest Regional Education Cooperative #10 (SWREC) is an existing non-profit local education agency,

owing accountability to the Public Education Department (PED) and Regional Coordinating Council, and subject to

an annual, comprehensive audit act. As the Organizational Chart clearly shows, SWREC is currently responsible

for assisting six member districts (Animas, Deming, Hatch Valley, Lordsburg, Reserve, and Truth or Consequences).

The overall mission of the SWREC is to provide direct educational and technical services to member districts, provide

students with seamless educational and occupational skills needed to achieve successful employment, and

collaborate regionally with other local education agencies and post-secondary institutions to ensure that students and

communities receive direct, comprehensive educational services. SWREC's T or C location is at the heart of the

Sierra County service area. Assistance is given in obtaining and managing available resources in order to provide

comprehensive, relevant educational opportunities for all students residing in these districts, as well as acting as a

clearinghouse for educational reform initiatives.

The value of any one contract awarded depends on the funding and the initiative, commitment, support, and services

offered to SWREC.

The intent of this proposal is to provide the member districts of the SWREC, and the SWREC itself or on behalf of

any district, with computer equipment defined as Desktops, Laptops, Tablets and Servers and other specified related

equipment and services. Please note that the SWREC does not guarantee any dollar amount or volume. The

SWREC will work in partnership with all of the districts in partnership with their technology departments to direct all

schools and administrative sites to purchase within these contracts.

The computer desktop, laptop, and tablet requirements for the SWRECs will be limited to commercial grade

equipment of high quality to provide the best possible return on the SWREC's financial investment. Computer

systems must include all of the following to be considered a complete computer system (computer, keyboard,

monitor, and mouse). Computer systems must include operating systems software (Microsoft Windows or

Linux, etc.).

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The Standard Configurations Consist Of the Following:

Desktop: Minimal specs

Windows 10 Pro or Mac OS X

Intel® Core™ i5-6500 or AMD equivalent

4 GB DDR4-2133 SDRAM

128GB HDD

17 inch monitor

Keyboard and mouse

Laptop: Minimal specs

Windows 10 Pro Mac OS X

intel® Core™ i5-6500 or AMD equivalent

4 GB DDR4-2133 SDRAM

128GB HDD

14 inch display

Servers: Minimal specs

Intel® Xeon® E5-2600

16 gig memory

4 HDD slots

250 gigs SAS/SATA/SSD

Tablets: Minimal specs

Windows 10 or Apple IOS

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PRINTERS: Minimal specs Multi Brands wireless ability for air printing LaserJet P1006 or comparable

Printer - B/W - laser - Legal -1200 dpi x 1200 dpi - up to 17 ppm - capacity: 160 sheets -

USB

LaserJet P4014n or comparable

Printer - B/W - laser - Legal -1200 dpi x 1200 dpi - up to 45 ppm - capacity: 600 sheets -

USB, 1000Base-T

Color LaserJet Enterprise CP4525n or comparable

Printer - color - laser - Legal -1200 dpi x 1200 dpi - up to 42 ppm (mono) / up to 42 ppm

(color) - capacity: 600 sheets - USB, 1000Base-T

SOFTWARE

Microsoft Office Professional Plus 2013

License -1 PC - EDU - MOLP - Win - Single Language

Microsoft Windows Server 2012 R2 Standard License -1 server -

EDU - MOLP - Single Language

ENGINEERING SERVICES

Engineering Services including configuration and installation services, system design,

documentation, and security assessment. Please specify maximum rate per hour. If skill level

requirements are less, vendor will charge less accordingly.

CABLING

Per drop-Cat 6 cable drop including necessary cable connectors and 3 ft and 10 ft patch cords.

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OTHER EQUIPMENT

Cisco Catalyst 2960-24-S

Switch - 24 ports - Ethernet, Fast Ethernet - 10Base-T, 100Base-TX - 1U - rack-mountable

Cisco Catalyst 3750-24PS

Switch - 24 ports - EN, Fast EN - 10Base-T, 100Base-TX + 2 x SFP (empty) - 1U - PoE -

rack-mountable - stackable

Cisco Catalyst 3750E-24PD

Switch - 24 ports - Ethernet, Fast Ethernet, Gigabit Ethernet - 10Base-T, 100Base-TX,

1000Base-T + 2 x X2 (empty) -1U - PoE - rack-mountable - stackable

Cisco 1811 Integrated Services Router

Router + 8-port switch - Mdm - Ethernet, Fast Ethernet - Cisco IOS Advanced IP services -1U-

extemal

Projector or comparable wireless DLP

NOTE: Any and all purchases made under this agreement are subject to the 1% administrative fee of the total cost, less

applicable taxes, payable to the SWREC by the vendor.

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Ill Response Format

Separate and label this information as Section A

A. Business Profile

Provide a brief description of your firm including such information as how long it has been in business, typical

clientele, and the names of the owners, principal officers and number of employees. Where are your

office(s) located? Please include copies of all pertinent company licenses, and business permits. Please

include preferred vendor certificates.

Separate and label this information as Section B

B. References

Offeror proposals must include three external client references from clients who purchase your computer

equipment as offered to the SWREC. DO NOT USE SWREC AS A REFERENCE. The minimum information

that must be provided for each reference is:

1. Name of individual or company services where provide

2. E-mail address

3. Address of individual or company

4. Name of contact person

5. Telephone number of contact person

6. Type of equipment and the manufacturer being offered

Separate and label this information as Section C

C. Experience and Reliability

The Offeror must thoroughly describe, in the form of a narrative, its experience and success as well as the

experience and success of providing reliable quality computer hardware that will meet the SWREC's needs. Will

you subcontract any portion of this proposal? Please explain. No assignment or transfer shall relieve the

Offeror from his/her obligations and liabilities

Separate and label this information as Section D

D. Configurations Offered

The Offeror must provide a detailed sheet listing the MINIMUM configurations as required according to the

categories listed on page seven (7). Alternate configurations must be identified and labeled "alternate

configuration".

These minimum configurations may be exceeded in the proposed systems, but cost will be awarded the

most points in the evaluation process.

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Separate and label this information as Section E

E. Cost Specifications

Offeror must complete the cost response form found in Appendix B and submit it with their proposals. The

proposed costs must directly relate to the configurations as required in the scope of work. Also include a sample

of the quote offered by your company that identifies the configuration and price.

All pricing is to be F.O.B. destination including cost, insurance and freight. For purposes of this RFP, SWREC

defines F.O.B. destination as the fact that the contractor shall retain title to the product during shipping and

until delivered to the final specified site/s. NOTE: Consider multiple deliveries as well as broad geographical

distance in your pricing structure.

In an effort to keep up with the latest technology, offeror will be encouraged to update his/her product lines as

often as necessary during the life of the contract for the purpose of introduction of new or replacement computer

equipment. Offeror may request permission to add new products and services to an awarded contract, provided

such products and services are within the scope of work as defined within this RFP. Such amended pricing must

be mutually agreed upon by SWREC and the contractor and will generally be in agreement with the original

pricing structure.

Separate and label this information as Section F

F. Manufacture Warranty

Warranty period shall be the one (1) year manufacturer's standard U.S. warranty. This period shall begin with

the date of acceptance. Provide proof of the manufacturers' standard warranty(s) under this section. Provide

any extended and or insured warranties available through your organization or directly from the

manufacturer and any associated costs.

In and out of warranty repairs being returned to factory must be provided by offeror either as themselves or

through the manufacturer. Offeror shall make available maintenance contracts as required for optimal

performance of equipment. Provide warranty details such as how repairs are handled are they performed on

site or returned to base include repair location. Does warranty include labor, freight and parts; and whether

software support is included in the warranty. Will the reinstallation of software be included?

Dealers who submit an offer as a manufacturer's representative must supplement the offer with a letter that,

should he/she fail to satisfactorily fulfill any obligations established as a result of an award based upon this

RFP, the manufacturer will either assume and discharge such obligations or provide for their competent

assumption by one or more bona fide dealers for the balance of the contract period. Dealer shall maintain

warranty service for SWREC. Failure to provide this letter may deem your proposal non-responsive.

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Separate and label this information as Section G

G. Delivery

Offerors are encouraged to thoroughly describe typical delivery on orders that would exceed a bulk purchase of

at least one hundred (100) or more of the same computer systems to various ship to locations within the

SWREC. All deliveries to be delivered inside the dwelling of the locations specified.

Separate and label this information as Section H

H. Value Add

Offeror may add any other value-added services they feel that may contribute to the success of providing

computer equipment as defined to the SWREC. This response may include optional services not included

elsewhere in the Offeror proposal.

Separate and label this information as Section I

I. Location

Offerors with a physical location in Southwestern New Mexico area are encouraged to respond. Proof of

physical location is required as part of the response. Preferred Vendor 13-1-22

Separate and label this information as Section L

L. Exceptions to Terms and Conditions

Should an Offeror object to any of the SWREC's terms and conditions set forth in Appendix A, Contract Terms

and Conditions Offeror may propose specific alternative language please submit original terms and conditions

with "tracked" changes. The SWREC may or may not accept the alternative language. General references to

the Offeror terms and conditions or attempts at complete substitutions not acceptable to the SWREC will result

in disqualification of the Offeror proposal.

Offeror must provide in addendum form each proposed changed followed by the specific proposed alternate

wording. Offeror must provide a brief discussion of the purpose and impact, if any, of each proposed changed.

However the SWREC reserves the right to negotiate additional provisions.

Any additional terms and conditions that may be the subject of negotiation will be discussed only between the

SWREC and the selected Offeror and shall not be deemed an opportunity to amend the Offeror proposal.

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IV. EVALUATION CRITERIA AND PROCEDURE

The evaluation of proposals will be performed by an evaluation committee appointed by the Procurement Division. During

this time, the SWREC Business Manager may, at his/her option, initiate discussion with Offeror who submit responsive

or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted

and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offeror.

1. Selection of Finalists

The Evaluation Committee will select finalists and the SWREC Business Manager will notify the finalist Offeror.

Only finalists will be invited to participate in the subsequent steps of the procurement.

2. Best and Final Offers From Finalists

Finalist Offeror may be asked to submit revisions to their proposals for the purpose of obtaining best and final

offers. Best and final offers may be clarified and amended at the finalist Offerors oral

presentation/demonstration if required.

3. Oral Presentation/Demonstration by Finalists

Finalist Offeror may be required to demonstrate their systems to the Evaluation Committee. The SWREC

Business Manager will schedule the time for each Offerors presentation and demonstration. All Offeror

demonstrations will be held in Deming, New Mexico at a site(s) specified by SWREC at the time of selection of

finalist. Any special equipment configuration requirements or other Offeror needs must be stated in the Offerors

proposal. Each Offeror will be given a maximum of one (1) hour for setup and each presentation and

demonstration will be limited to two (2) hours in duration.

Offeror must include in their proposals a list of all special equipment, communications facilities or other

resources required for the demonstration of their proposed systems.

4. Finalize Contract

The contract will be finalized with the most advantageous Offeror. In the event that mutually agreeable terms

cannot be reached, the SWREC reserves the right to begin negotiations with the next most advantageous Offeror

without undertaking a new procurement process.

5. Contract Terms and Conditions

The contract between the SWREC and a contractor will follow the format specified by the SWREC and contain

the terms and conditions set forth in Appendix A, "Contract Terms and Conditions." However, the SWREC

reserves the right to negotiate additional provisions.

Any additional terms and conditions that may be the subject of negotiation will be discussed only between the

SWREC and the selected Offeror and shall not be deemed an opportunity to amend the Offeror proposal.

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6. Right to Waive Minor Irregularities

The evaluation committee reserves the right to waive minor irregularities. The Evaluation Committee also

reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals fail

to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement.

This right is at the sole discretion of the evaluation committee.

7. Change in Contractor Representatives

The SWREC reserves the right to require a change in contractor representatives if the assigned representatives

are not, in the opinion of the SWREC, meeting its needs adequately.

8. SWREC Rights

The SWREC reserves the right to accept all or a portion of an Offeror proposal including the right to purchase

software or services from approved SWREC BPO contracts.

EVALUATION POINT SUMMARY

The following is a summary of Section IV specifications identifying points assigned to each item. These weighed factors

will be used in the evaluation of the Offeror proposals.

Specifications: Maximum Points:

Business Profile 5

References & Experience and Reliability 10

Configurations Offered 20

Cost 30

Warranty Information 15

Delivery 10

Value Add Service 5

Location 5

TOTAL 100

EVALUATION FACTORS

A maximum of 100 points may be awarded based upon the quality and thoroughness of the Offeror response to

each evaluation factor as follows.

Business Profile: Up to 5 points may be awarded based on the length of time in business. Do you market primarily to

educational institutions or private industry or both? Does your organization have representation in the Southwestern New

Mexico area and if so, how many? Explain how you plan to service the SWREC in this regard? If you have a corporate

office elsewhere, is it aware of and committed to this potential contract award?

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References & Experience & Reliability: Up to 10 points may be awarded based on evaluation of the Offerors experience

and success in providing dependable computer desktops and laptop systems that meets the SWREC's needs. For

relevant experience of key personnel based upon the resumes and experience narratives submitted. Documented

experience in providing computer desktop and laptops will be evaluated more favorably than experience with non-

related equipment.

Configurations Offered: Up to 20 points will be awarded based upon an evaluation of the applicability and merit of the

response to the configurations offered. How well is the offeror able to meet the minimum configurations in desktop,

laptops, and servers as required by the SWREC? Points may be deducted if offeror is unable to meet the minimum

requirements.

Cost: Up to 30 points may be awarded to offerors with the most advantageous cost that directly relate to the standard

minimum configurations as required in the scope of work.

Manufacturer Warranty: Up to 15 points will be awarded to offerors who provide the best overall detailed warranty for

the SWREC.

Delivery: Up to 10 points will be awarded to the Offeror who is able to deliver orders that would exceed a bulk purchase

of one hundred or more of the same computer systems.

Value Add Services: Up to 5 points will be awarded to the Offeror with the most advantageous value-added services

that may contribute to the success of providing computer equipment to the SWREC.

Location: Up to 5 points will be awarded to Offerors with a physical location in Southwestern New Mexico.

EVALUATION PROCESS

1. All Offeror proposals will be reviewed for compliance with the response format Section III as requested within the

RFP. Proposals deemed non-responsive will be eliminated from further consideration.

2. The SWREC Business Manager may contact the offeror for clarification of the response of this RFP.

3. Responsive proposals will be evaluated according to the evaluation factors in Section IV that have been assigned

a point value. The responsible Offeror with the highest scores will be selected as finalist Offeror based upon the

proposals submitted. Finalist Offeror who are asked or who choose to submit revised proposals for the purpose

of obtaining best and final offers will have their points recalculated accordingly.

Points will not be added to the previously assigned points from oral presentations and product demonstrations.

The responsible Offeror whose proposals is most advantageous to the SWREC, taking into consideration the

evaluation factors in Section IV, will be recommended for contract award to the SWREC Buyer. Please note,

however, that a serious deficiency in the response to any one factor may be grounds for rejection

regardless of overall score.

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APPENDIX A

AGREEMENT TERMS AND CONDITIONS

SOUTHWEST REGIONAL EDUCATION COOPERATIVE

CONTRACT TERMS AND CONDITIONS

CONTRACT NO. ________________________

THIS AGREEMENT is made and entered into by and between the Southwest Regional Education

Cooperative of New Mexico, hereinafter referred to as the "SWREC" and ____________________ , hereinafter

referred to as the "CONTRACTOR".

IT IS MUTUALLY AGREED BETWEEN THE PARTIES:

DETAILED SCOPE OF WORK: The SWREC wishes to acquire computer hardware as defined that will meet the needs

of the SWREC for at least 3 years after final acceptance. The CONTRACTOR shall provide services as described

below:

1. The SWREC reserves the right to require a change in Offeror representatives if the assigned representatives are

not, in the opinion of the SWREC, meeting its needs adequately.

2. All equipment offered by the CONTRACTOR under this Agreement must conform to applicable government

laws, regulations, and codes as well as to acceptable industry standards and practices. This conformance

includes but is not limited to all relevant State of New Mexico laws and statutes, SWREC Rules and Regulations

and documented SWREC procedures which affect the purchase of computer hardware equipment.

3. CONTRACTOR warrants that it has and can provide evidence that demonstrates a viable business with sufficient

assets for managing and providing computer hardware equipment as defined throughout the term of this

Agreement. Furthermore, the CONTRACTOR shall notify SWREC immediately, in writing, of any material,

adverse change in CONTRACTOR'S net worth.

4. CONTRACTOR warrants that neither the CONTRACTOR nor any officer, stockholder, director or employee of

the CONTRACTOR, is presently subject to any litigation or administrative proceeding before any court or

administrative body which would have an adverse effect on the CONTRACTOR'S ability to perform under this

Agreement, nor to the best knowledge of the CONTRACTOR is any such litigation or proceeding presently

threatened against it or any of its officers, stockholders, directors or employees. If any such proceeding is

initiated or threatened during the term of this Agreement, the CONTRACTOR shall immediately disclose such

fact to SWREC.

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5. TERM: This Agreement shall not be effective or binding unless approved below in writing by the SWREC

Buyer. The term of the Agreement shall be determined upon time of contract award. The SWREC may contract

with the CONTRACTOR for computer hardware equipment on a yearly basis beyond the initial CONTRACT term

for up to four (4) additional years one (1) year at a time prior to expiration date. Furthermore, at any time during

the term of the Agreement, the Agreement is subject to early termination or termination for lack of

appropriations.

6. TERMINATION: Early Termination. Notwithstanding any other provision of this Agreement, either party may

terminate this Agreement by delivering to the other party notice of the intent to terminate at least thirty (30) days

notice to the other party, neither the SWREC nor the CONTRACTOR may nullify any previous obligations, if

any, already incurred for performance or failure to perform prior to the date of termination. Termination may be

made with or without cause. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT CONSTITUTE A

WAIVER OF ANY OTHER LEGAL RIGHTS AND REMEDIES AFFORDED SWREC IN SUCH

CIRCUMSTANCES AS THE CONTRACTOR'S DEFAULT OR BREACH OF CONTRACT.

7. Termination for Lack of Appropriations. The terms of this Agreement are contingent upon sufficient authorizations

and appropriations being or having been made by the SWREC for the performance of this Agreement. If

sufficient authorizations and appropriations are not or have not been made by the SWREC, or are discontinued,

this Agreement shall terminate upon written notice being given by SWREC to the CONTRACTOR. The

SWREC'S decision as to whether sufficient authorizations or appropriations are or have been made, or are or

have been discontinued, shall be accepted by the CONTRACTOR and shall be final.

8. Payment of Taxes: New Mexico gross receipts taxes levied on amounts payable under this Agreement shall

be paid by the CONTRACTOR. The CONTRACTOR shall agree that the responsibility for payment of all

state and federal taxes assessed on the compensation received under this Agreement shall be the

CONTRACTOR'S obligation and be identified under the CONTRACTOR'S federal and state identification

number(s). New Mexico gross receipts taxes shall be itemized separately on the invoice and will be paid by

SWREC to the CONTRACTOR.

9. PATENT. COPYRIGHT AND TRADE SECRET INDEMNIFICATION: The CONTRACTOR shall defend, at its

own expense, the SWREC and its employees against any claim that any product or service provided under

this Agreement infringes any patent, copyright to trademark in the United States or Puerto Rico, and shall pay

all costs, damages and attorneys' fees that a court finally awards as a result of any such claim. In addition, if

any third party obtains a judgment against the SWREC based upon CONTRACTOR'S trade secret

infringement relating to any product or services provided under this Agreement, the CONTRACTOR agrees

to reimburse the SWREC for all costs, attorneys' fees and amount of the judgment. To qualify for such defense

and or payment, the SWREC shall:

9.1.1 give the CONTRACTOR prompt written notice within five (5) working days of any claim;

9.1.2 allow the CONTRACTOR to control the defense of settlement of the claim; and

9.1.3 cooperate with the CONTRACTOR in a reasonable way to facilitate the defense or settlement

of the claim.

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9.2 If any product or service becomes, or in the CONTRACTORS opinion is likely to become

the subject of a claim of infringement, the CONTRACTOR shall at its option and expense:

9.2.1 provide the SWREC the right to continue using the product or service and fully indemnify the

SWREC against all claims that may arise out of the SWREC's use of the product or service;

9.2.2 replace or modify the product or service so that it becomes non-infringing; or,

9.2.3 accept the return of the product or service and refund an amount equal to the value of the

returned product or service, less the unpaid portion of the purchase price and any other

amounts, which are due to the CONTRACTOR. The CONTRACTOR'S obligation will be

void as to any product or service modified by the SWREC to the extent such modification is

the cause of the claim.

9.3 Nothing produced, in whole or in part, by the CONTRACTOR under this Agreement shall

be the subject of an application for copyright by or on behalf of the CONTRACTOR.

10. INDEMNIFICATION: CONTRACTOR shall indemnify, defend, and hold harmless the SWREC

and its employees from and against any and all claims, demands, liability, suits, causes of action,

losses, damages, fines, fees, attorneys fees, penalties, costs, expenses, injuries to property,

judgments (including defense costs and attorneys fees) that occur or arise out of or in connection

with:

10.1.1 CONTRACTOR'S performance or failure to perform under any provision of this

Agreement;

10.1.2 CONTRACTOR'S breach of any term, condition, warranty or representation contained in

this Agreement;

10.1.3 CONTRACTOR'S provision of services that are not in accordance with any applicable law,

rule, regulation, or provision of this Agreement;

10.1.4 CONTRACTOR'S failure to perform in accordance with the standard of care contained in

Paragraph 2.12 of this Agreement; or

10.1.5 any error, omission, fraud, embezzlement, theft or negligence of CONTRACTOR.

10.2 It is understood, however, that the CONTRACTOR'S obligations under this Paragraph 10 do not

extend to liabilities resulting from causes beyond the control and without the fault or negligence of the

CONTRACTOR, including acts of God, war or civil commotion, fire, earthquake, or other natural

disaster, and unforeseeable acts of any federal, state, or local government or SWREC thereof.

11. ASSIGNMENT: The CONTRACTOR shall not assign nor transfer any interest in this Agreement or

assign any claims for money due or to become due under this Agreement without prior, written

approval from SWREC. No such assignment or transfer shall relieve the CONTRACTOR from its

obligations and liabilities under this Agreement.

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12. SUBCONTRACTING: The CONTRACTOR may subcontract portions of the services to be performed under

this Agreement with prior, written approval of SWREC. No such subcontracting shall relieve the

CONTRACTOR from its obligations and liabilities under this Agreement. The following listed subcontractors

have been approved to provide services under the terms and conditions of this agreement:

13. CONFIDENTIALITY: Any information provided to or developed by the CONTRACTOR in the performance of

this Agreement shall be kept confidential and shall not be made available to any individual or organization by

the CONTRACTOR without the prior written approval of SWREC except as may otherwise be required

by law.

14. CONFLICT OF INTEREST: The CONTRACTOR warrants that it presently has no interest and shall not

acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of

services required under this Agreement.

15. AMENDMENTS: This Agreement shall not be altered, changed, or amended except by an instrument in

writing executed by the parties hereto. No amendment shall be effective or binding unless approved by both

parties.

16. EQUAL OPPORTUNITY COMPLIANCE: The CONTRACTOR agrees to abide by all federal and state laws

and rules and regulations, pertaining to equal employment opportunity. In accordance with all such laws and

rules and regulations, the CONTRACTOR agrees to assure that no person in the United States shall, on the

grounds of race, color, national origin, sex, sexual preference, age or handicap, be excluded from

employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under

any program or activity performed under this Agreement. If CONTRACTOR is found not to be in compliance

with these requirements during the life of this Agreement, CONTRACTOR agrees to take appropriate steps

to correct these deficiencies.

17. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of New Mexico.

Notwithstanding any other provision of this Agreement, in the event of a lawsuit involving this Agreement,

venue shall be proper only in a New Mexico court of competent jurisdiction. By execution of this Agreement,

CONTRACTOR acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over

such lawsuits.

18. RECORDS AND AUDITS: The CONTRACTOR shall maintain such detailed records as may be necessary to

demonstrate its performance of the duties required by this Agreement, including the date, time and nature of

services rendered. These records shall be maintained for a period of three years from the date of the final

payment under this Agreement and shall be subject to inspection by the SWREC. The SWREC shall have

the right to audit any billings or examine any records maintained pursuant to this Agreement both before and

after payment. Payment under this Agreement shall not foreclose the right of SWREC to recover excessive

and/or illegal payments.

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19. ENFORCEMENT OF AGREEMENT/WAIVER: A party's failure to require strict performance of any provision of

this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or

any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless

expressed in writing and signed by the party alleged to have granted the waiver. A waiver by a party of any of

its rights shall not be effective to waive any other rights.

20. NOTICE OF PENALTIES: The New Mexico Procurement Code, NMSA 1978, Sections 13-1-21 through 13-

1-199, as amended, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal

statutes impose felony penalties for bribes, gratuities and kick-backs.

21. AGREEMENT ADMINISTRATOR: The SWREC shall appoint a SWREC Buyer as agreement administrator for

this Agreement who shall be the official contact between the CONTRACTOR and the SWREC in all matters

concerning this Agreement. All events, problems concerns or requests affecting this Agreement must be reported

by the CONTRACTOR to the SWREC Business Manager in a timely manner. The SWREC Business Manager

shall approve and accept all Agreement products and services prior to payment.

22. ADMINISTRATIVE FEE: The CONTRACTOR will remit to the SWREC an administrative fee of 1% based

on the total (less applicable taxes) of any purchase order received from any member district or any district

utilizing this contract. The administrative fee is payable monthly upon the CONTRACTOR receiving payment

from the district. The CONTRACTOR will provide the SWREC a monthly statement of all purchases made

under this contract.

23. NOTICES: All deliveries, notices, requests, demands or other communications provided for or required by this

Agreement shall be in writing and shall be deemed to have been given when sent by registered or certified

mail, return receipt requested; when sent by overnight carrier; or upon telephone confirmation to sender of

receipt of a facsimile communication which is followed by a mailed hard copy from sender. Notices shall

be addressed to:

Business Manager Contractor _____________________________________

SWREC Name ________________________________________

405 N. Date St., Suite 8 (Person authorized to sign for contractor)

Address _______________________________________

T or C, NM 87901 City, State, Zip __________________________________

Each party may designate a different person and address by sending written notice to the other party, to be

effective no later than ten (10) days after the date of the notice.

24. MERGER: SCOPE OF AGREEMENT:

24.1 The provisions of this Agreement are severable, and if for any reason, a clause, sentence or paragraph

of this Agreement is determined to be invalid by a court or SWREC or commission having jurisdiction

over the subject matter thereof, such invalidity shall not affect other provisions of this Agreement,

which can be given effect without the invalid provision.

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24.2 This Agreement incorporates all the agreements, covenants and understandings between the parties

concerning the subject matter hereof, and all such agreements, covenants and understandings have

been merged into this Agreement. No prior agreement or understanding, verbal or otherwise, of

the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

24.3 This Agreement incorporates by reference the following Exhibits:

24.1.1 Exhibit 1: A complete copy of RFP No. 2006-061-DJ including all Appendices; 24.1.2. Exhibit

2: CONTRACTOR'S proposal submitted in response to RFP No. 2006-061-DJ, including any

amendments and best and final offers;

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date approved by the Business

Manager.

SWREC:

By: _______________________________________________________ Date:_______________

Vicki Chavez, Executive Director

CONTRACTOR

By: ____________________________________________________ Date:_________________

Name: ___________________________________________________

Title: _____________________________________________________

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APPENDIX B PROPOSAL

COST RESPONSE FORM

Offerors Organization Name:__________________________________________________

Please list costs according to minimum configurations required by the SWREC. Alternate configurations must

be identified on a separate sheet.

NOTE: The 1% administrative fee must be included in all cost items submitted.

Cost: Manufacture Name:

1. PC Desktop: $______________________ _____________________

$______________________ _____________________

2. Laptop/Notebook: $______________________ ______________________

$_____________________ ______________________

3. Server: $______________________ _____________________

$______________________ _____________________

4. Tablets $______________________ _____________________

$______________________ ______________________

5. Printers: $_______________________ _____________________

$_______________________ ______________________

6. Other Hardware: $_______________________ ______________________

$_______________________ ______________________

$_______________________ ______________________

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7. Software: $_______________________ ______________________

$________________________ ______________________

8. Engineering: $_______________________ _________________________

$_______________________ _________________________

$________________________ _________________________

9. Cabling: $________________________ _________________________

$_________________________ _________________________

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