REQUEST FOR SEALED PROPOSALS - Region 4 Education … Services.pdf · REQUEST FOR SEALED PROPOSALS ... Any proposal received later than the specified time, whether delivered in person

RFP# 01439-11

Printing Services Page 1 of 34

REQUEST FOR SEALED PROPOSALS

Sealed proposals addressed to Region 4 Education Service Center (Region 4, the Center) must be received, date

and time stamped by the Business Office, at 7145 West Tidwell, Houston, Texas 77092 by:

July 28, 2011 @ 2:00 p.m. CST FOR: Printing Services____________________

Proposals will be publicly opened immediately following the deadline for receiving the proposals. Any proposal

received later than the specified time, whether delivered in person or mailed, shall be disqualified. Faxed or

electronically submitted proposals cannot be accepted. Region 4 reserves the right to reject any/or all

proposals and to waive any formalities in the proposal process.

Under competitive sealed proposals, changes in the nature of the proposal, and the prices may be negotiated

after proposals are opened to obtain the best advantages. Low bid is not the only determining factor for an award

recommendation. Vendor responses will not be revealed at the public bid opening until a complete analysis is

tabulated to validate the true accuracy of each submittal received and verify any confidential or proprietary

information noted by the business.

Diane Fields (713)744-6835

Business Manager, Business Office

SEALED PROPOSAL ENVELOPES SHALL BE PLAINLY MARKED WITH THE BELOW

INFORMATION & PROVIDE ORIGINAL AND THREE (3) ADDITIONAL COPIES WITH

RESPONSE

Label for Proposal Envelope – Cut along dotted line and attach on outside of envelope.

SEALED PROPOSAL FOR: Printing Services_______________________________

DO NOT OPEN UNTIL: Thursday, July 28, 2011 @ 2:00 p.m. CST

PROPOSAL NUMBER: 0143911

RFP# 01439-11


Table of Contents

Page

Standard Contract Agreement ................................................................................................... 3

Proposal Preparation ................................................................................................................. 4

Statement of Inclusion/Applicability ........................................................................................ 6

General Terms ........................................................................................................................... 6

Contract Time Period ................................................................................................................ 6

Addendums ................................................................................................................................ 6

Specifications ............................................................................................................................ 7

Proposal Evaluation and Awards .............................................................................................. 7

Quantities…............ .................................................................................................................. 8

Pricing/Escalation/De-Escalation .............................................................................................. 8

Sales Tax…………..……… ..................................................................................................... 9

Product Inspection .................................................................................................................... 9

Warranty Information ............................................................................................................... 9

Withdrawals or Modification of Proposal ................................................................................. 9

Substitutions .............................................................................................................................. 10

Deviations from Specifications or Terms/Conditions ............................................................... 10

Contracts and Purchase Orders ................................................................................................. 11

Non-Performance/Termination of Contract .............................................................................. 11

Force Majeure ........................................................................................................................... 12

Non-Collusion Certification ...................................................................................................... 13

Assignment-Delegation ............................................................................................................. 13

Certifications Regarding Legal and Ethical Matters ................................................................. 14

Equal Employment Opportunity (EEO) Disclosures ................................................................ 15

Ownership of and Rights to Use Copyrighted Materials .......................................................... 15

Venue…... . ............................................................................................................................... 15

Waiver………………………………………………………………………………………… 16

Interpretation-Parole Evidence ................................................................................................. 16

Right to Assurance .................................................................................................................... 16

Funding Out Clause .................................................................................................................. 16

Proposal Acceptance ................................................................................................................. 16

Other…………………………………………………………………………………………... 16

Questions Regarding Proposal .................................................................................................. 17

State Certification ..................................................................................................................... 18

References…………………………………………………………………………………….. 19

Felony Conviction Disclosure Statement .................................................................................. 20

Deviation/Compliance/Acknowledgment Form ....................................................................... 21

Historically Underutilized Business (HUB) Certification ........................................................ 22

Conflict of Interest Questionnaire ............................................................................................. 23

Forms & Submittals Checklist .................................................................................................. 24

Notice of Invitation to Propose ................................................................................................. 25

Printing (Including Web) Specifications ................................................................................... 27

Bid Response Submittal Information & Questionnaire ............................................................ 32

No Proposal Notification .......................................................................................................... 34

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1. STANDARD CONTRACT AGREEMENT

OWNER: Region 4 Education Service Center herein designated as Region 4 or the Center.

BUSINESS ENTITY NAME:

The following pages will constitute the contract between the successful business and Region 4. This contract

consists of the General Terms and Conditions set forth in the following pages, including the technical

specifications of all attachments referenced herein. In the event of a conflict between the provisions set forth

below and those contained in any attachment, these provisions shall control. Any alternate contract that your

business requires Region 4 to sign before entering into this agreement is to be provided with proposal. Region 4

will be the sovereign owner of the terms and conditions that control or direct policy authority of this contract. If

alternate contract deviates from this original RFP provisions the stipulation of said contract will be void.

Signature Form:

The undersigned certifies that he or she is an authorized agent of the organization and has authority to submit

the proposal on behalf of the business and to negotiate and contract for the entity named above. Having carefully

examined the RFP document, the undersigned hereby proposes and agrees to furnish goods and/or services in

strict compliance with the terms, specifications and conditions at the prices quoted unless otherwise noted in

writing. The authorized agent shall initial each page where indicated in the lower right corner to make this a

valid response.

(Please complete and return all attachments with response)

Address

City/State/Zip

Telephone No.

Fax No.

Web site URL

E-mail address

Sales representative’s name

Position with organization

Print or type name

Authorized signature Initials

FOR REGION 4 USE ONLY! DO NOT WRITE BELOW THIS LINE

Printing Services RFP #01439-11

Executed by Region 4 Education Service Center, this day of, 20______

By:

Title: Business Manager, Business Office Initial ______

RFP# 01439-11


GENERAL TERMS AND CONDITIONS

2. PROPOSAL PREPARATION

Request for Proposal (RFP) Preparation Costs

Issuance of this RFP does not commit Region 4 in any way, to pay any costs in the preparation and submission

of the RFP. Nor does the issuance of this RFP obligate Region 4 to award a contract or purchase. Vendor(s)

shall be responsible for all costs related to the preparation and submission of the RFP.

Retention of RFP Documentation

All RFP materials and support documentation submitted in response to this RFP will become the permanent

property of Region 4 and subject to the Texas Open Records Act.

In order for a proposal to be considered, the signed Standard Contract Agreement, State Certification Page,

Reference List, Felony Conviction Statement, and Deviation/Compliance/Acknowledgment Form must be

completed, signed and returned.

Sealed proposals will be received until the deadline indicated on page one (1) of this RFP.

Each proposal must be submitted in a SEALED opaque envelope (or other non-transparent package or

container). The outside of the proposal envelope (or other package or container) must bear the following

information in clear and legible form:

a) In the upper left-hand corner print the full name and address of the proposing entity, and the name and

telephone number, including the area code, of the person to contact with questions about the proposal

submission, and

b) In the lower left-hand corner "SEALED PROPOSAL," the proposal name, proposal number, and

submission deadline.

Proposals may be submitted by U. S. Mail, common carrier, or other courier or delivery service, or by hand

delivery. If forwarded by mail or other courier or delivery service, the sealed proposal envelope, identified as

indicated above, should be enclosed in another envelope addressed as specified below. Region 4 will not be

responsible for proposals or related correspondence that are not sent, delivered correctly or misplaced. The

date/time record of the Region 4 staff will be the official time of receipt. Confidentiality

Trade secrets and confidential information contained in the proposals must be clearly identified as such. If a

vendor believes that a proposal is, or parts of a proposal are confidential, then the business organization must so

specify. The vendor must stamp in bold letters the term “CONFIDENTIAL” on that part of the proposal that

the bidder believes to be confidential. The successful proposal may be considered public information even

though parts are marked confidential. Copyrighted proposals are unacceptable and will be disqualified as

unresponsive.

Open Records Policy

Region 4 is a government entity and subject to the Texas Public Information Act. Responses submitted

to Region 4 as a result of this solicitation are subject to release as public information after contracts are executed

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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 they believe, are exempt. In addition, the vendor must specify which exception(s) are

applicable and provide detailed reasons to substantiate the exception(s).

The determination of whether information is confidential and not subject to disclosure under the Public

Information Act is the duty of the Office of Attorney General (OAG). Region 4 must provide the OAG

sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the

vendor are not acceptable. Region 4 shall comply with the opinions of the OAG. Region 4 assumes no

responsibility for asserting legal arguments on behalf of any vendor. Vendors are advised to consult with their

legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to

safeguard trade secrets and other proprietary information.

Proposals must be addressed and delivered to:

Region 4 Education Service Center

7145 West Tidwell

Houston, TX 77092

Attn: Business Office

Proposals, which are opened prior to the proposal opening because of failure to adhere to the above addressing

and identification criteria, will not be considered and will not be returned.

Proposals received after the deadline will not be accepted for consideration, and will be returned unopened.

Proposals received in an unsealed condition will not be considered and will not be returned.

Faxed proposals or related communications will not be accepted.

A representative of the proposing entity who is authorized to enter into contracts on behalf of the proposing

entity must manually sign proposals in ink. The person signing the proposal must indicate his/her title along

with signature. Proposals received without proper signature will not be considered. We do not provide editable

versions of bid documents because the contract terms, conditions and specifications could be altered by the

vendor or contents shared for other purposes that were not approved by Region 4.

Vendors must return all original documents in the proposal response, with three (3) copies of the entire

proposal documents being returned. Vendors should retain photocopies for their files. Any change made to

any written response on any of the proposal documents must be made in ink by marking through the original

entry and clearly entering the new information alongside the change. Changes must not be made with correction

fluid. All changes must be "initialed" by the person making the change, and the name of the person who initialed

the change must be noted in a footnote on the same page containing the correction. Failure to return any

document or information requested as part of the proposal response can result in the rejection of the

entire proposal.

Vendors or their authorized representatives are expected to fully inform themselves as to the terms, conditions,

requirements and specifications of this proposal invitation before submitting proposals. Failure to do so will be

at the vendor’s own risk. The law makes no allowance for errors of omission or commission on the part of the

proposal companies; furthermore, the vendor cannot secure relief on the plea of error or ignorance concerning

any requirement included in the proposal invitation.

Vendors who do not reply to this particular proposal, but who want to remain on our proposal list for future

opportunities in this category should complete, sign, and submit the form entitled "NO PROPOSAL

NOTIFICATION” with the reason for NO PROPOSAL indicated on the sheet.

Vendors are welcome to attend the proposal opening at the date and time indicated on page one (1) of this RFP;

however, vendor presence is not required, and no weight or other consideration toward any award decision will

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be given to any vendors’ attendance or absence at the proposal opening. The form and content of the proposal

recaps will be at the sole discretion of the management and staff of Region 4.

3. STATEMENT OF INCLUSION/APPLICABILITY

These General Terms and Conditions are applicable to all proposal invitations issued by Region 4, and by this

inclusion, they become an integral part of any contract which is awarded, or purchase order which is issued in

association with this proposal invitation.

4. GENERAL TERMS

Throughout this document, the terms “Member," "Participating Member," etc. is used interchangeably to mean

"the collective, cooperative association and the related activities of the management and staff of Region 4 and

any one or all of its participating members and their management and staff."

The section titles contained in this General Terms and Conditions document are for convenience and reference

only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this

document.

Unless otherwise stated, any listing of factors or criteria in this document does not constitute an order of

preference or importance.

Proposals shall be submitted only on the forms provided by Region 4. Deviations to the General Conditions

and/or Specifications shall be conspicuously noted in writing by the vendor and shall be included with the

proposal. Vendors are to place their initials at the bottom right hand corner of each page where provided and

return the General Terms and Conditions section with their proposal invitation.

Small and Minority Firms, Women's Business Enterprises and Labor Surplus Area firms are especially invited

to submit proposals.

5. CONTRACT TIME PERIOD

The time period for any contract resulting from any award under this proposal is stated in the Notice of

Invitation to Propose. Unless otherwise indicated in these General Terms and Conditions, all proposal pricing

will be firm through the entire contract period.

The transfer, assignment, or subcontracting of contracts is prohibited, and the vendor agrees not to sell, assign,

transfer, convey, or subcontract any portion of any contract resulting from this proposal invitation without the

prior written consent of Region 4.

6. ADDENDUMS

Region 4 reserves the right to revise and amend the specifications before the date set for the bid opening. It is

the responsibility of each vendor, before submitting their proposal, to contact the Business Office to determine if

any addendums have been issued.

In the event that any changes to this proposal invitation occur subsequent to the mailing or other delivery of the

original proposal invitation, the changes or corrections to this proposal invitation will be made by addendum,

and any updated information contained in any addendum will prevail over the information contained in the

original proposal invitation or any previous addendum.

Each addendum will be sent to all entities that are known to have received a copy of this proposal invitation.

Region 4 or their appointed representative is the sole authority for the issuance of any addendum related to this

proposal. Any communications from any person or entity other than Region 4 regarding any matters related to

this proposal are invalid and will have no influence on this proposal invitation.

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Each addendum must be acknowledged and signed by the vendor. The addendum acknowledgment form must

be submitted along with the proposal submission before the bid opening date and time indicated on page one (1)

of the RFP.

7. SPECIFICATIONS

a) Specifications have been developed by Region 4 and are intended to give information as to type and

kind of service requested. Catalog numbers, brand names, or manufacturer's product or reference

numbers used in the item specifications are intended to be descriptive, not restrictive. These references,

as well as "approved brands" listed, are intended to identify and indicate the type of product being

sought, and establish the level of quality desired. If any conflict exists in the item specifications between

the product descriptions and any brand names or model or reference numbers used, the product

descriptions will override the brand names or model number references.

b) In most cases, proposals on brands of equivalent nature and quality will be considered, provided they

are regularly produced products from a reputable manufacturer. However; in some cases, Region 4 may

find it advantageous to standardize equipment and/or supplies by manufacturer in order to achieve

efficiencies in procurement, repair, and operation, to match existing stock, or to satisfy other

requirements. In these cases, preference will be given to the specific products identified as "approved

brands," especially if all other evaluation factors are deemed to be equal. For this reason, where specific

brands or models are identified, it is preferable for the vendor to propose on the exact item specified, in

addition to an alternate brand or model where desired.

c) The apparent silence of the specifications as to any detail or the apparent omission from any

specification of a detailed description concerning any point shall be regarded as meaning that only the

best commercial practices shall prevail. All interpretations of the specifications shall be made on the

basis of this statement.

d) If any person contemplating submitting a proposal for this contract is in doubt as to the true meaning of

the specifications, or other proposal documents or any part thereof, he/she may submit a written request

for clarification to the Business Manager at least five (5) days prior to the scheduled opening. Any

interpretation of the proposal, if made, will be made only by addendum duly issued and mailed or

delivered to each person receiving an invitation to propose. Region 4 will not be responsible for any

other explanation or interpretation of the proposal made or given prior to the award of the contract. Any

objections to the specifications and requirements as set forth in this proposal must be filed in writing

with the Business Manager.

e) If you discover or suspect an error in the item specifications in this proposal invitation, please note it as

part of your response. We will attempt to correct errors for future proposal invitations.

8. PROPOSAL EVALUATIONS AND AWARDS

All proposals received in response to this proposal invitation which are submitted in accordance with the

instructions and restrictions contained in section #2 of this General Terms and Conditions document entitled

"Proposal Preparation" will initially be considered for award; however, initial consideration of any proposal will

not constitute an assessment of its meeting the necessary qualifications, and any proposal may be disqualified at

any time during the process of evaluating proposals for failure to meet any other terms or conditions contained

anywhere else in the proposal invitation.

Region 4 reserves the right to waive any or all proposing irregularities, formalities, or other technicalities, to be

the sole and independent judge of quality and suitability of any products offered, and may accept or reject any

proposal in its entirety, or may reject any part of any proposal without affecting the remainder of that proposal,

and may award the individual items on this proposal in any combination or in any way to best serve the interests

of its members as it perceives those interests to be in its sole discretion.

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Region 4 reserves the right to award contracts to multiple vendors. The fact that Region 4 may make multiple

awards should be taken into consideration when responding to this proposal. This is a non-exclusive contract;

Region 4 reserves the right to obtain like goods and services from another source when necessary.

It is not the policy of Region 4 to purchase on the basis of low proposal price alone. All proposal items are

subject to evaluation and approval by a committee composed of members of Region 4. In evaluating the

proposals received and determining to which vendor(s) (if any) to award a contract, Region 4 shall consider the

following criteria:

Purchase price;

The reputation of the vendor and the vendor’s goods or services;

The quality of the vendor’s goods or services;

The extent to which the goods or services meet the Center’s needs;

The vendor’s past relationship with the Center;

The impact or the ability of the Center to comply with laws and rules relating to historically underutilized

businesses;

The total long term cost to the Center to acquire the vendor’s goods or services; and

Any other relevant factor specifically listed in the request for proposals.

It is understood that Region 4, through its management and/or its members, may use all means at their collective

disposal to evaluate the proposals received on these criteria, and the final decision as to the best overall offer,

both as to price and to suitability of the products and/or services offered to fit the needs of the members of

Region 4, will rest solely with the Board of Directors of Region 4.

The successful vendor(s) will be notified by "Notice(s) of Award" issued by the management of Region 4.

9. QUANTITIES

Quantities reflected in this proposal invitation are estimates based upon the projected needs for Region 4 during

the contract period. Quantities are the best estimate of anticipated needs available at the time of publication of

this proposal invitation, but the accuracy of these estimated quantities may be affected by numerous factors

including, but not limited to, budgetary adjustments, changing market forces, unintentional errors or omissions,

and new construction. Actual needs may be greater or less than the estimated quantities provided.

Region 4 reserves the right to increase the order at the same unit price or decrease quantities as funding and

needs vary throughout the contract term. Vendors at the close of the contract period agree not to hold Region 4

liable for any inaccuracies in estimated quantities.

10. PRICING/ESCALATION/DE-ESCALATION

The competitive sealed proposal process provides for full competition among proposals, and allows for

negotiation with the supplier(s) to obtain the best product and service at the best price. Under competitive

sealed proposals, changes in the nature of a proposal, and in prices, may be negotiated after proposals are

opened. Region 4 will evaluate proposals, and select the vendor offering the most advantages. Since proposal

pricing can be negotiated and is subject to change, no pricing information will be revealed at the public opening.

All participating suppliers will be given the same opportunity if negotiations are started. The Region 4

evaluation committee will be the only deciding body in making the decision to negotiate or not to negotiate.

No escalation of cost changes in contracted prices, or increased rates will be added during the contract period.

Exceptions will be considered if there are state mandated increases that will affect all applicable vendors

equally. Awarded vendor agrees not to sell the same product or service at a lower cost to another customer

without offering the same pricing discount to Region 4. In the event that a lower price is provided through any

other RFP in the state, Region 4 will receive that lower price as well.

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Proposal prices must be firm for acceptance for at least sixty (60) days from proposal opening date, unless

otherwise specified in this proposal invitation or in the vendor’s response.

New technology and products that meet the scope of work may be added to the existing contract. Pricing shall

be equivalent to the percentage discount of other products offered. Vendor may replace or add product lines to

an existing contract if the line is replacing or supplementing products on contract, is superior to the original

products offered, is discounted in a similar or to a greater degree and/or if the products meet the requirements of

the original solicitation. No products may be added to avoid competitive procurement procedures. Region 4 may

reject any additions without cause.

Delivery Cost

Deliveries required in this proposal would be freight prepaid; free on board (F.O.B.) destination and proposal

prices shall include all freight and delivery charges. All deliveries will be made between the hours of 8:00 a.m.

to 3:00 p.m. Monday thru Friday. No deliveries will be accepted on Saturday, Sunday or holidays. A list of

holidays will be furnished at vendor's request.

Discrepancies in Cost

If there is a discrepancy between the unit cost and the total price, the unit cost will stand as the proposal price.

The unit cost will be considered the price by weight or the cost whichever is applicable. The unit cost will not be

the case price unless the package quantity throughout the industry is standardized.

11. SALES TAX

The members of Region 4 are public jurisdictions that are exempt from sales, excise, and use taxes. Region 4

upon individual requests will provide tax exemption certificates for the vendor. Unless otherwise specified in

this proposal invitation, sales tax will not be included in any proposal response or invoice submitted by any

vendor unless the vendor has requested a tax exemption certificate from the Center in writing and failed to

receive the same within a reasonable period of time. The limited sales, excise, and use tax laws recognize the

inclusion of tax exemption information as part of a purchase order document to be as binding as if it had been

submitted separately, and by responding to this proposal invitation, the vendor agrees to accept tax exemption

information in such form.

12. PRODUCT INSPECTION

All products supplied under this contract must arrive in the best possible condition and will be subject to

inspection, testing, and approval by Region 4 and/or its members.

13. WARRANTY INFORMATION

By submission of a proposal, the vendor warrants that the vendor is an authorized dealer, distributor, or

manufacturer for the product(s) being offered, that all items being proposed conform to the specifications for

which the items are being offered, and that all items provided under any contract related to this proposal

invitation will be free from all defects in material, workmanship, and title.

A minimum of ninety (90) days product guarantee or the manufacturer's standard commercial warranty,

whichever is greater, shall apply to all products purchased under this proposal invitation. This warranty shall

provide for replacement of defective merchandise, parts, and labor, and shall include pick-up of the defective

merchandise from the specified Region 4 location and delivery of the replacement(s) to the same location. The

warranty shall be effective from the date of acceptance of the merchandise.

14. WITHDRAWALS OR MODIFICATION OF PROPOSAL

a) Subject to the restrictions discussed below, Region 4 will consider a written request from any vendor

that the vendor be allowed to withdraw any proposal submitted, but only in its entirety, and only until

the due date and time for proposal submission as stated in the request for proposal included with this

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proposal invitation. A representative of the proposing entity who is authorized to enter into contracts on

behalf of the proposing entity must manually sign any request for the withdrawal of any proposal in ink,

and the person signing the request must indicate his/her title along with his/her signature. No proposal

may be withdrawn after the date and time those proposals are due as specified in the RFP. Only

proposals that have been submitted consistent with the instructions relating to packaging and labeling of

the proposal will be considered for withdrawal.

b) If there is any question in the mind of the management or staff of Region 4 regarding the identity of the

proposal or the identity of the vendor relating to any request for the withdrawal of any proposal, Region

4 will refuse to allow the withdrawal of the proposal. Withdrawal of any proposal allowed by Region 4 will require the completion and signature of a written receipt by the vendor’s representative satisfactory

to the management or staff of Region 4 before the proposal will be released. The decision of the

management or staff of Region 4 relating to any matters concerning proposal withdrawal will be final.

c) If a vendor requests to withdraw a proposal and Region 4 allows the withdrawal of the proposal, the

vendor may resubmit the proposal, or submit a new proposal, up until the due date and time for proposal

submission as stated in the RFP included with this proposal invitation, provided any new submission

meets all the qualifications of proposal submission included in these General Terms and Conditions.

d) If a vendor resubmits a proposal that was withdrawn and makes changes to any document in the

proposal package, an authorized agent of the proposing entity must initial all alterations made to any

proposal document.

e) All proposals in the possession of Region 4 at the time proposals are due shall be deemed final,

conclusive, and irrevocable, and no proposal shall be subject to withdrawal, amendment, or correction

after the due date and time for proposal submission as stated in the RFP included with this proposal

invitation.

15. SUBSTITUTIONS

Region 4 will not accept any substitutes after item(s) have been awarded as specified, unless such substitutions

are deemed to be in the best interest of the members of Region 4, and unless prior agreements have been reached

and approved in writing regarding such substitutions. Substituting without the prior approval of a Region 4

member placing the order will constitute a breach of contract by the vendor, which may result in the initiation of

actions covered in section #18 of this General Terms and Conditions document entitled "Non-

Performance/Termination of Contract" and the associated financial impacts attached thereto, and may jeopardize

any future business from the Center.

16. DEVIATIONS FROM SPECIFICATIONS OR TERMS/CONDITIONS

a) Any and all limitations, exceptions, qualifications, special conditions, or deviations from these General

Terms and Conditions or any of the item specifications, including the offering of any alternate to the

"approved brand and/or model" (where identified) must be clearly noted in detail by the vendor at the

time of submission of the proposal. The absence of such limitations, exceptions, qualifications, special

conditions, or deviations being submitted in writing with the vendors response will hold the vendor

accountable to Region 4 and its members to perform in strict accordance with all these General Terms

and Conditions and all the item specifications as written, including any "approved brands and/or

models" identified. The vendor should be aware that the submission of any such limitations, exceptions,

qualifications, special conditions, or deviations with the proposal response may place the vendor at a

competitive disadvantage or otherwise prevent Region 4 from considering the proposal on the affected

item(s).

b) Any deviation from any of the item specifications, including the delivery of any product other than the

specific brand and model of the product awarded, will be grounds for rejection of the product(s) when

delivered, and will expose the vendor to the remedies identified in section #18 of this General Terms

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and Conditions document entitled "Non-Performance/Termination of Contract" and may jeopardize

future business from the Center.

17. CONTRACTS AND PURCHASE ORDERS

a) A response to this proposal invitation is an offer to contract with Region 4 and its members based upon

the item specifications and the General Terms and Conditions contained in the proposal invitation.

Proposals do not become contracts until they are accepted by Region 4 through an award notice to the

vendor, and put into effect by the issuance of a purchase order(s) signed by an authorized representative

of Region 4. Purchase orders will be delivered by facsimile, emailed or mailed to the vendor. All

deliveries and financial transactions will occur directly between the vendor and Region 4.

b) This contract shall collectively include (1) the General Terms and Conditions and the item specifications

included in the proposal invitation and any subsequent addenda thereto, (2) the vendors signed contract

agreement, State Certification Page, Reference List, Felony Conviction Statement,

Deviation/Compliance/Acknowledgment Form, and any other data collection sheets included with the

proposal invitation, (3) the vendors entire response to the proposal invitation, (4) the Vendors Notice of

Award document, (5) and any additional terms, conditions, or instructions contained in each individual

purchase order. The contract shall be interpreted by and governed under the laws of the State of Texas.

c) All contracts and agreements between vendors and Region 4 shall strictly adhere to the statutes as set

forth in the Uniform Commercial Code as last amended.

18. NON-PERFORMANCE/TERMINATION OF CONTRACT

a) If the vendor cannot comply with the terms and conditions in fulfilling its contract as anticipated, the

vendor must supply the same products or services contracted from other sources at the contract price.

The vendor's delay in the above will constitute the vendor's material breach of contract, whereupon

Region 4 may terminate the vendor's contract for cause as provided by the remainder of this section.

b) This contract shall terminate upon the expiration of the contract term as stated in the RFP.

c) If any delay or failure of performance is caused by a Force Majeure event as described in section #19 of

this General Terms and Conditions document entitled "Force Majeure," Region 4 may, in its sole

discretion, terminate this contract in whole or in part, provided such termination follows the remaining

requirements of this section.

d) Except as otherwise provided for within the General Terms and Conditions of this document, this

contract may be terminated in whole or in part by either party in the event of substantial failure by the

other party to fulfill its obligations under this contract through no fault of the terminating party;

provided that no such termination may be implemented unless and until the other party is given (1) at

least ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to

terminate, and (2) an opportunity for consultation with the terminating party, followed by a reasonable

opportunity, of not more than ten (10) working days, to rectify the defects in products or performance,

prior to termination.

Valid causes for termination of this contract will include, but are not limited to:

a) The vendor's failure to adhere to any of the provisions of the General Terms and Conditions of this

proposal invitation.

b) The vendor delivering any product(s) that fails to meet the item specifications included in this proposal

invitation relating to the awarded products and services.

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c) The vendor delivering any substitutions of products or services different than those originally proposed

and awarded without the prior written approval of the member of Region 4 placing the order.

d) The vendor's failure to meet the required delivery schedules as identified in the contract documents.

e) The vendor's violation of any other provision contained within these General Terms and Conditions or

any attachment thereto which provides for contract termination as a remedy.

f) Notwithstanding anything contained in this section, in the event of the vendor's breach of any provision

in this contract, Region 4 reserves the right to enforce the performance of this contract in any manner

prescribed by law or deemed to be in the best interest of its members, including, but not limited to, the

purchase of other products of like type and quality from other sources in the open market.

g) Region 4 can terminate the contract early if better pricing can be obtained from another provider.

Vendor will be given the opportunity to lower their cost to align with the difference in cost before

ending the contract.

h) Any alternative contract that your firm requires Region 4 to sign before entering into this agreement is

to be provided with proposal. Region 4 will be the sovereign owner of the terms and conditions that

control or direct policy authority of this contract. If alternative contract deviates from this original RFP

provisions the stipulation of said contract will be void.

i) In the event the Center elects to purchase other products from other sources, Region 4 will invoice the

vendor for any increased costs to Region 4, and the vendor agrees, by submission of a proposal

response, to promptly pay any such charges invoiced. In the event Region 4 terminates this contract, in

whole or in part, for any reason provided for within this contract, Region 4 reserves the right to award

the canceled contract, or any portion thereof, to the next lowest or best vendor as it deems such award to

be in the best interest of its members.

j) Any contract termination resulting from any cause other than a Force Majeure event will be deemed a

valid reason for not considering any future proposals from the defaulting vendor. In the performance of

this contract these General Terms and Conditions will control.

19. FORCE MAJEURE

a) The term Force Majeure shall include, but is not limited to, governmental restraints or decrees, provided

they affect all companies in the vendor's industry equally and are not actions taken solely against the

vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally

expected in the locale in which performance is to take place); work stoppages due to labor disputes or

strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage.

b) The parties to this contract will be required to use due caution and preventive measures to protect

against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred shall

rest on the party seeking relief under this section. The party seeking relief due to Force Majeure will be

required to promptly notify the other party in writing, citing the details of the Force Majeure event, and

will be required to use due diligence to overcome obstacles to performance created by the Force

Majeure event, and shall resume performance immediately after the obstacles have been removed,

provided the contract has not been terminated in the interim.

c) Delay or failure of performance, by either party to this contract, caused solely by a Force Majeure event

shall be excused for the period of delay caused solely by the Force Majeure event, provided the affected

party has promptly notified the other party in writing. Neither party shall have any claim for damages

against the other resulting from delays caused solely by Force Majeure.

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d) Neither the Center nor its members will be responsible for any costs incurred by the vendor because of

the Force Majeure event unless the Center or its member has requested, in writing, that the vendor incur

such costs in connection with any delay or work stoppage caused by the Force Majeure event, and

Region 4 has agreed in such writing to incur such additional costs.

e) Notwithstanding any other provision of this section, in the event the vendor's performance of its

obligations under this contract is delayed or stopped by a Force Majeure event, Region 4 shall have the

option to terminate this contract in accordance with section #18 of this General Terms and Conditions

document entitled "Non-Performance/Termination of Contract." Furthermore, this section shall not be

interpreted as to limit or otherwise modify any of Region 4’s rights as provided elsewhere in this

contract.

20. NON-COLLUSION CERTIFICATION

By signing this proposal, the vendor certifies that, to the best of his/her knowledge:

a) Neither the vendor nor any business entity represented by the vendor has received compensation for

participation in the preparation of the item specifications or the General Terms and Conditions related to

this proposal invitation.

b) This proposal has been arrived at independently and is submitted without collusion with any other

vendor, with any competitor or potential competitor, or with any other person or entity to obtain any

information or gain any special treatment or favoritism that would in any way limit competition or give

any vendor an unfair advantage over any other vendor with respect to this proposal.

c) The vendor has not accepted, offered, conferred, or agreed to confer, and will not in the future accept,

offer, confer, or agree to confer, any benefit or anything of value to any person or entity related to

Region 4 or any of its members in connection with any information or submission related to this

proposal, any recommendation, decision, vote, or award related to this proposal, or the exercise of any

influence or discretion concerning the sale, delivery, or performance of any product of service related to

this proposal.

d) Neither the vendor, nor any business entity represented by the vendor, nor anyone acting for such

business entity, has violated the Federal Antitrust Laws or the antitrust laws of this State with regard to

this proposal, and this proposal has not been knowingly disclosed, and will not be knowingly disclosed

to any other vendor, competitor, or potential competitor prior to the opening of proposals or proposals

for this project.

e) No attempt has been or will be made to influence any other person or entity to submit or to not submit a

bid or proposal response.

f) The person signing this bid proposal agrees to the accuracy regarding the statements contained in this

document.

21. ASSIGNMENT-DELEGATION

No responsibility or obligation created by this contract shall be assigned or delegated by the vendor

without written permission from Region 4. Any attempted assignment or delegation by the vendor shall

be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

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22. CERTIFICATIONS REGARDING LEGAL AND ETHICAL MATTERS

By signing this proposal, the vendor certifies that:

a) He/she has read and understands all the General Terms and Conditions in this document, and agrees to

be bound by them, and is authorized to submit proposals on behalf of the his/her entity.

b) The vendor has noted any and all relationships that might be conflicts of interest and included such

information with his/her proposal response.

c) The proposal submitted conforms to all item specifications, these General Terms and Conditions, and

any other instructions, requirements, or schedules outlined or included in this proposal invitation.

d) If this proposal is accepted, in whole or in part, the proposing entity will furnish any item(s) awarded to

them under this proposal invitation to Region 4 at the price proposal, and in accordance with the item

specifications and the terms and conditions contained in this proposal invitation.

e) The proposing entity has, or has the ability to obtain, such financial and other resources, including

inventories, as may be required to fulfill all the responsibilities associated with this proposal.

f) The proposing entity has a high degree of integrity and business ethics, and a satisfactory record of

performances, and has not been notified by any local, state, or federal agency with competent

jurisdiction that its standing in any matters whatsoever would preclude it from participating in this

proposal, it would in no other way whatsoever be disqualified to proposal or receive any award or

contract related to this proposal, and the vendor will comply with any reasonable request from Region 4

to supply any information sufficient to substantiate the proposing entity's ability to meet these minimum

standards.

g) Concerning paragraph ("f") above, the proposing entity has identified and disclosed in this written

proposal response any and all known or suspected matters that would disqualify it from participating in

this proposal or receiving any award or contract related to this proposal, recognizing that the vendors

failure to identify and disclose in this proposal response any such matters which do exist is a material

breach of contract which will void the submitted proposal or any resulting contracts, and subject the

proposing entity to be removed from all proposal lists, and possible criminal prosecution.

h) The proposing entity has obtained, and will continue to maintain during the entire term of this contract,

all permits, approvals, or licenses, necessary for lawful performance of its obligations under this

contract.

i) The prices, prompt payment discount terms, delivery terms, distribution allowances, and the quality

and/or performance of the products and services offered in the proposal response are and will remain the

same or better than those offered to the vendor's most favored customer under equivalent circumstances.

j) The proposing entity will comply with all laws relating to intellectual property, will not infringe on any

third party's intellectual property rights, and will indemnify, defend, and hold Region 4 and its members

harmless against any claims for infringement of any copyrights, patents, or other infringements related

to its activities under this contract.

k) The proposal submitted complies with all federal, state, and local laws concerning these types of

products or services, and the proposing entity will continue to comply with any applicable federal, state,

and local laws related to the proposing entity's activities in connection with this contract.

l) The proposing entity will maintain, at the proposing entity's expense, any insurance necessary to protect

Region 4 and its members from all claims for bodily injury, death, or property damage that might arise

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from the performance by the proposing entity or the proposing entity's employees or its agents of any

service required of the proposing entity under this contract; however, the existence of such insurance

will not relieve the proposing entity of full responsibility and liability damages, injury, death, or loss as

described or as otherwise provided for by law.

m) Neither Region 4 nor any of its members shall be liable to the vendor for any damages (including, but

not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental

damages) in the event that Region 4 declares the vendor in default.

n) He/she understands that signing the proposal with any false statement is a material breach of contract

which will void the submitted proposal or any resulting contracts, and subject the vendor to removal

from all proposal lists, and possible criminal prosecution.

o) Unless otherwise provided for in this proposal invitation, any written notice or other communication

required by this proposal or by law will be conclusively deemed to have been given and received on the

second business day after such written notice has been deposited in the U.S. Mail, properly addressed,

and with sufficient postage affixed thereto, provided such notice shall not prevent the giving of actual

notice in any other manner.

23. EQUAL EMPLOYMENT OPPORTUNITY (EEO) DISCLOSURES

a) By submission of a proposal, the vendor agrees that in the performance of any contract resulting from

any award under this proposal, the proposing entity will comply with all applicable equal employment

opportunity laws and regulations, including, but not limited to an agreement not to deny any benefit to,

exclude from any opportunity, or discriminate in any way against, any applicant, employee, or any other

person because of age, color, creed, gender, handicapping condition, marital status, national origin,

political affiliation or belief, race, religion, or veteran status.

b) The proposing entity agrees that during the period of any contract resulting from any award under this

proposal invitation will remain, in compliance with Executive Order 11246, entitled "Equal

Employment Opportunity" as amended by Executive Order 11375, and as supplemented in Department

of Labor Regulations (41CFR Part 60).

c) The occurrence of any prohibited discrimination will constitute vendor's breach of contract due to a

substantial failure by the vendor to fulfill its obligations, whereupon Region 4 may terminate the

vendor's contract for cause as provided by section #18 of this General Terms and Conditions document

entitled "Non-Performance/Termination of Contract."

24. OWNERSHIP OF AND RIGHTS TO USE COPYRIGHTED MATERIALS

The vendor hereby covenants and warrants that the vendor is the owner of and/or has full right and authority to

use all of the copyrights incorporated in the scope of the work. The vendor agrees that the vendor will not

contest Region 4’s right to use any copyrighted material within the scope of work and that the vendor will not

contest the validity of any copyright arising out of the scope of work performed in accordance with this

agreement.

25. VENUE

This agreement will be construed and governed according to the laws of the State of Texas. Both parties agree

that venue for any litigation arising from this contract shall lie in Houston, Harris County, Texas.

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26. WAIVER

No claims or rights arising out of a breach of this contract can be discharged in whole or part by a waiver or

renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in

writing signed by the aggrieved party.

27. INTERPRETATION-PAROLE EVIDENCE

The parties intend this writing as a final expression of their agreement and a complete and exclusive statement

of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade shall be

relevant to supplement or explain any terms used in this agreement. Acceptance of acquiescence in a course of

performance rendered under this agreement shall not be relevant to determine the meaning of this agreement

even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.

Whenever a term defined by the Texas Business & Commerce Code is used in this agreement, the definition

contained in the Code shall be controlling.

28. RIGHT TO ASSURANCE

Whenever one party to the contract in good faith has reason to question the other party's intent to perform he

may demand that the other party give written assurance of his intent to perform. In the event that a demand is

made and no assurance is given within five (5) days, the demanding party may treat this failure as an

anticipatory repudiation of the contract.

29. FUNDING OUT CLAUSE

Non-appropriations for renewal of contract will also be in accordance with the Local Government Code 217.005

(b) concerning non-appropriation clauses for multi-year contracts. Any/all contracts exceeding one (1) year shall

include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal

property is a commitment of the entity’s current revenue only, provided the contract contains either or both of

the following provisions:

Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during

the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for

payment of the contract.

30. PROPOSAL ACCEPTANCE

The period for acceptance of this proposal will be sixty (60) calendar days unless the vendor indicates a different

period.

31. OTHER

Laws and Regulations

Attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations

of all authorities having jurisdiction over this proposal will apply to this contract and shall be deemed to be

included in the contract.

Law and Wage Rates

In the execution of this contract, the vendor shall comply with all applicable local, state and federal laws.

Damages

The successful vendor will be held responsible for and required to make good, at his own expense, all damages

to persons and property caused by carelessness or neglect on the part of his/her employees.

RFP# 01439-11


Vendor Assurance

The vendor must supply assurance which warrants that the prompt payment discount terms, delivery terms,

distribution allowance, quality and performance of product/services, prices and other conditions/provisions

offered in this proposal are the same or better than those offered by the proposing entities most favored

customer.

Vendor Experience

The vendor must be fully prepared with necessary personnel, materials, machinery and equipment to begin the

work promptly and to conduct the work as required in the terms, conditions and specifications of this proposal.

Region 4 may make investigations as deemed necessary to determine the ability of the vendor to perform the

work, and the vendor shall furnish to the Center all information and data as requested. Region 4 reserves the

right to reject any proposal if the evidence submitted by, or investigation of, a vendor fails to satisfy Region 4

that the vendor is properly qualified to carry out the obligations of the contract and to complete the work

contemplated therein.

Proprietary Information or Trade Secrets

If any of the information requested is considered to be proprietary or a trade secret belonging to the vendor, that

information should be filed with the proposal in a separate envelope appropriately designated.

32. QUESTIONS REGARDING PROPOSAL

Questions or requests for additional information concerning this proposal or the specifications should be

addressed to:

Region 4 Education Service Center Phone Number (713)744-6835

7145 West Tidwell Road

Houston, TX 77092

Attn: Business Office

Fax Number (713)744-2777

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STATE CERTIFICATION

As defined by Texas House Bill 602, a “nonresident vendor” means a bidder 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.

I certify that my business is a “Resident Bidder”

I certify that my business qualifies as a “Nonresident Bidder”

(NOTE: You must furnish the following information :)

Indicate the following information for your “Resident State”: (The state your principal place of business is

located in).

City State Zip Code

A. Does your “resident state” require bidders whose principal place of business is in Texas to underbid

bidders whose resident state is the same as yours by a prescribed amount or percentage to receive a

comparable contract? (“Resident State” means the State in which the principal place of business is

located.)

Yes No

B. What is the prescribed amount or percentage? $ or % _________

Certification: I certify that the information provided above is correct by signing my initials below.

Initials_____

RFP# 01439-11


REFERENCES

Proposal response must include three (3) references, within the Houston, Texas area that your business has

provided similar products or services within the last three (3) years.

Reference #1

Business Name:

Complete Address:

City: State: Zip:

Phone #: Fax #:

Contact Person: Title:

Email Address: Web Site URL:

Reference #2

Business Name:

Complete Address:

City: State: Zip:

Phone #: Fax #:



Reference #3

Business Name:

Complete Address:

City: State: Zip:

Phone #: Fax #:



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FELONY CONVICTION DISCLOSURE STATEMENT

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 has been convicted of a felony. A 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.” I, the undersigned agent for the firm

named below, certify that the information concerning notification of felony conviction has been reviewed by me

and the following information furnished is true to the best of my knowledge.

My business is a publicly held corporation; therefore, this reporting requirement is not applicable

My business is not owned or operated by anyone who has been convicted of a felony

My business is owned or operated by the following individual(s) who has/have been convicted of a felony:


Initials ________

RFP# 01439-11


DEVIATION/COMPLIANCE/ACKNOWLEDGMENT FORM

If the undersigned bidder intends to deviate from the General Terms and Conditions or Specifications listed in

this proposal invitation, all such deviations must be listed on this page, with complete and detailed conditions

and information included or attached. Region 4 will consider any deviations in its proposal award decisions, and

Region 4 reserves the right to accept or reject any proposal based upon any deviations indicated below or in any

attachments or inclusions.

In the absence of any deviation entry on this form, the bidder assures Region 4 of their compliance with the

General Terms and Conditions, Specifications, and all other information contained in this Proposal Invitation.

No Deviations Yes Deviations

List any deviations your business is submitting below, provide attachments if necessary:

Having carefully examined the Terms and Conditions and Specifications, the undersigned agent hereby proposes

and agrees to furnish the proposed product(s)/service(s) in strict compliance with the specifications as quoted.

The agent affirms that, to the best of his/her knowledge, the proposal has been arrived at independently

and is submitted without collusion with anyone to obtain information or gain any favoritism that would

in any way limit competition or give them an unfair advantage over others in the award of this

proposal.

I have read and understand the terms and conditions herein and will abide by them.


Initials______

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HISTORICALLY UNDERUTILIZED BUSINESS

(HUB) CERTIFICATION

Businesses that have been certified by the Texas Building and Procurement Commission (TBPC) or other

qualified agency as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB

status when responding to this proposal invitation. The electronic catalogs will indicate HUB certifications for

vendors that properly indicate and document their HUB certification on this form.

I certify that my business has been certified as a Historically Underutilized Business (HUB), and I have

attached a copy of our HUB Certification to this form. (Required documentation for recognition as a

HUB must be sent with response)

My business has NOT been certified as HUB.


Initials______

RFP# 01439-11


FORM CIQ

CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a

person who has a business relationship as defined by Section 176.001 (1-a) with a local

governmental entity and the person meets requirements under Section 176.006 (a).

By law this questionnaire must be filed with the records administrator of the local

governmental entity not later than the 7th business day after the date the person becomes aware

of facts that require the statement to be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person knowingly violates Section 176.006, Local

Government Code. An offense under this section is a Class C misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of person who has a business relationship with local governmental entity.

2

Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than

the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3

Name of local government officer with whom filer has employment or business relationship.

___________________________________________

Name of Officer

This section (item 3 including subparts A,B,C & D) must be completed for each officer with whom the filer has an

employment or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach

additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than

investment income, from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from

or at the direction of the local government officer named in this section AND the taxable income is not received

from the local governmental entity?

Yes No

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the

local government officer serves as an officer or director, or holds an ownership of 10 percent or more?

Yes No

D. Describe each employment or business relationship with the local government officer named in this section.

4

___________________________________________________ __________________________

Signature of person doing business with the governmental entity Date

Adopted 06/29/2007

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FORMS & SUBMITTALS CHECKLIST

Completed – Standard Contract Agreement – page 3 *

Completed – State Certification – page 18 *

Completed – Reference List – page 19*

Completed – Felony Convictions Disclosure Statement – page 20 *

Completed – Deviation/Compliance/Acknowledgement Form – page 21 *

Completed – Historically Underutilized Business (HUB) – page 22 **

Completed – Conflict of Interest Questionnaire (CIQ) – page 23*

Completed – Pricing Submittal – pages 29-31 *

Completed – Bid Response Submittal Information & Questionnaire – pages 32-33*

Completed – No Proposal Notification – page 34 **

Completed – Initialed bottom right hand corner of each page where requested *

Completed – Provide original and three (3) additional copies with response *

*Mandatory must be completed and returned with proposal.

**Complete and return only if applicable to your company.

Any alternative contract that your business requires Region 4 to sign before entering into this agreement is to be

provided with proposal. Region 4 will be the sovereign owner of the terms and conditions that control or direct

policy authority of this contract.

RFP# 01439-11


NOTICE OF INVITATION TO PROPOSE

Background

The largest Texas educational service center, Region 4, provides services to 53 school districts representing over

1,000,000 students and more than 83,000 professional educators. Region 4 provides nationally recognized

professional development, technical assistance services, and quality, economical products to districts and

businesses.

Region 4 is governed by an eight member Board of Directors, seven of whom are elected by school districts’

Boards of Trustees. A non-voting member representing charter schools is appointed by the Texas Commissioner

of Education. Elected directors serve three-year terms on a staggered basis. The Board sets policies and goals for

the Center, and the Executive Director and his staff are responsible for ensuring those policies and goals are met.

www.theansweris4.net

Scope of Proposal

It is the intent of Region 4 to solicit high performance vendor(s) for providing annual printing services. Region 4

is interested in qualifying multiple vendors that have the best quality, reliability, and value to quote on each print

job. Alternate vendor(s) may be used in circumstances where the lowest cost provider cannot meet the delivery

schedule date.

History

Region 4 operates a full service print shop, The Print Center, to support its mission as well as the print needs of

its customers. The services offered by The Print Center include digital printing and a range of bindery options.

The Print Center will outsource a variety of printing services throughout the year that is beyond its current

capacity. Region 4 is interested in soliciting proposals for the purchase of printing services. There are three

categories of services: Offset (including web) printing, digital printing services and bulk mail services. The

proposal request is divided into these three categories. Please respond to the areas for which you are suited.

Changing lines of business has required Region 4 to place a new emphasis on the efficiency and effectiveness of

The Print Center. The Print Center currently produces work on three Xerox Nuvera 288s, one Xerox 8000, one

Xerox 1000, one Xerox 8160 wide format printer. Current bindery equipment includes perfect binding, coil

binding, collating, saddle stitching, folding, cutting, and shrink wrapping. Wide format services include dry

mounting and laminating.

Region 4 intends to outsource printing that is beyond our current capacity, which includes both digital and offset

(including web) printing. Vendors are to keep in mind that Region 4 reserves the right to purchase all or none of

these services following the RFP process. Vendors are to also be aware that this is not an all or none award

process. Region 4 may award all purchases to one vendor or spread the items across multiple vendors.

Evaluation Process

Region 4 will award the contract based on the evaluation criteria listed in the enclosed specifications. To

identify the successful vendor Region 4 will apply the best value concept.

Multiple firms may be selected to provide the required services should Region 4 determine that such is in its

best interest.

http://www.theansweris4.net/

RFP# 01439-11


Factors for this Contract Award

Does the bidder have adequate financial resources for performance or have the ability to obtain

such resources as required during the contract?

Are the sample products of good quality and appropriate for the need?

Does the bidder have the necessary and relevant experience, organization, technical

qualifications, skills and facilities or the ability to obtain them?

Does the bidder demonstrate it can provide a timely turnaround throughout the contract term?

Does the bidder demonstrate it can provide delivery of products?

Does the bidder demonstrate a satisfactory record of performance?

Does the bidder have competitive rates?

Bidder Responsibility

The vendor assumes sole responsibility for the complete effort required in the RFP. No special consideration

shall be given after proposals are opened because of a vendor’s failure to be knowledgeable of all the

requirements of this RFP. By submitting a proposal in response to this RFP, the vendor represents that it has

satisfied itself, from its own investigation, of all the requirements of this RFP.

Contract Term

It is anticipated that the term of this contract will be for one (1) year with an effective date of September 1,

2011, through August 31, 2012. This contract maybe renewed for four (4) additional years, in one (1) year

increments if the vendor and Region 4 agree and no increases in costs are incurred except for the growth of each

participating member.

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PRINTING (INCLUDING WEB) SPECIFICATIONS

1.0 Performance Region 4 expects the following from the vendor and their account representative:

1.1 A demonstrated ability and history of producing “in-house”, high quality 4-color pieces on a

regular basis with a 7 calendar day or less job completion turnaround.

1.2 A customer service representative who is knowledgeable about electronic pre-press, scanning,

electronic file production, trapping, and getting from electronic files to print.

2.0 Quantities This is an open proposal for purchases to be made as the need and funds become available.

There is no commitment by Region 4 to purchase or guarantee any specific amount of printing work.

Historical cost for offset (including web) printing services from September 2010, through May 2011,

exceeded $70,000 in the aggregate.

3.0 Quotations Due to the many different types of graphic design work and paper products having a

fluctuating market value, a request for quotes will be sent to participating suppliers for quoting each

individual printing job. Region 4 will evaluate responses and select the vendor(s) offering the best

value. Negotiated offers will require supplier(s) to furnish a written addendum to their original quote. If

there is no submission, Region 4 will assume the supplier does not wish to participate for that specific

printing job.

4.0 Price Quote Procedure The Print Center will develop printing specifications for each job. A request for

quotes (RFQ) will then be emailed to all qualified suppliers for quotations. Suppliers can return

quotations by e-mail, or fax by the date and time indicated on the RFQ. On certain occasions rush

orders will be handled by phone quotes.

5.0 Cooperative Purchases Region 4 reserves the exclusive option to purchase through cooperative

programs when it is determined to be in the best interest of Region 4.

6.0 Site Visits Vendor agrees to an onsite visit of their facilities by Region 4 personnel to review equipment

capabilities, quality controls, printing and bindery operations.

7.0 Ordering All items ordered from a vendor must have a Region 4 Purchase Order Number. Purchase

Order changes must be approved by Region 4 before delivery. Purchase Order numbers must be

included on all invoices, packing slips, etc. Prices listed on receiving invoice(s) must match the

proposal response or negotiated price quote.

8.0 Delivery All deliveries shall be made between the hours of 8:00 a.m. to 3:00 p.m. Monday through

Friday. No deliveries will be accepted on Saturday, Sunday or holidays. A list of holidays will be

furnished at the vendor’s request. Deliveries must be freight prepaid; F.O.B. destination and product

pricing shall include all freight and delivery charges.

9.0 Address and Contact Information Region 4 ESC, 7145 West Tidwell Road, Houston, Texas, 77092.

Questions on product specifications are to be directed to: Barbara Hannah, Printing Solutions Director,

[email protected] phone (713)744-8121. Questions regarding proposal response procedures can be

directed to: Diane Fields, Business Manager at [email protected] or phone (713)744-6835.

mailto:[email protected]

mailto:[email protected]

RFP# 01439-11


10.0 Typical Offset Job Specifications

10.1 Folds vary from job to job as follows:

a. SIZE: 11” x 17” –

i. Finished size: 8.5” x 11” (Single-fold)

ii. Finished size: 5.75” x 11” (Bi-fold)

b. SIZE: 11” x 25.5” –

i. Finished size 8.5” x 11” (Bi-fold)

c. SIZE: 11” x 21” –

i. Finished size 8.5” x 11” (Bi-fold)

d. SIZE: 8.5” x 17” –

i. Finished size 5.5” x 8.5” (Bi-fold)

e. SIZE: 8.5” x 11” –

i. Finished size 8.5” x 5.5” (Single-fold)

f. SIZE: 8.5” x 14” –

i. Finished size 8.5” x 4.75” (Bi-fold)

10.2 BLEED - Some jobs will bleed, others will not.

10.3 PAPER - 60 lb. or 100 lb. Text & Cover (weight varies between jobs).

10.4 QUANTITIES AND NUMBER OF JOBS - We estimate approximately 20-50 jobs yearly. Each order

should range between 2,000 to a maximum of 20,000 impressions.

10.5 DELIVERY REQUIREMENTS/MAIL DROP - 7 calendar days from pick-up of electronic files or

artwork film to delivery to Region 4 or a local mail-house. Vendor quotes to include expenses for pick-

up and delivery of art, prints, proofs, blue-lines, etc., to and from Region 4.

10.6 COLOR - Most offset jobs will be 4/4 cp. Some may be 2/0 or 2/2 (PMS + black).

10.7 PROOFS - Epson and Impress proofs must be provided for each project. The cost should be included

in the quote.

11.0 Electronic Prepress Preferred vendors will need to have all digital workflow for prepress, including

digital output for color contrast proofs. Printing provider will be required to provide color proofs for all

color options (see 10.6).

12.0 Printing Resolution & Line Screen - Equipment must be able to produce 175 lpi or better. Vendor must

have multiple presses and film output devices in the event of breakdown.

RFP# 01439-11


13.0 Offset Work

13.1 Catalogs

Example Catalog 1

Quantity 12,000

Content 64 pages, 8.5 x 11, with bleed, self-cover

Stock 80# matte coated text

Binding Saddle stitch

Trim Size 8.5 x 11

Total Job Cost (including delivery to Region 4, pick up of originals, and

delivery and pick up of proof) Cost =

Example Catalog 2

Quantity 30,000

Cover – 100# gloss 4/0

Inside pages – 80# text 100 pages, 4/4, with bleed

Binding Perfect

Trim Size 8.5 x 11



13.2 Newsletter

Quantity 20,000

Stock – 80# gloss text 1/1

Content 8 pages, 8.5 x 11, no bleed

Binding Saddle stitch

Trim Size 8.5 x 11



13.3 Text Books

Example Textbook 1:

Quantity 5,000

Stock – 60# text 2/2 (must be 16 pg. signatures)

Number of pages 250

Binding (outsourced to

another vendor)

Smythe sewn, case bound

Trim Size 8.5 x 11


delivery and pick up of proof) Do not include case binding in price. Cost =

Example Textbook 2:

Quantity 5,000

Stock – 60# text 4/4 (must be 16 pg. signatures)

Number of pages 250 pages, 8.5 x 11

Binding (outsourced to

another vendor)

Smythe sewn, case bound (for reference only

– do not include in your pricing)

Trim Size 8.5 x 11



RFP# 01439-11


13.4 Letterhead/Envelopes

Quantity 1,000, 5,000 &10,000

Stationary Stock Classic Crest White Avon 24#

Envelope Stock #10 Matching Envelope



Envelopes only

Quantity 2,000 5,000 10,000

#10 1-color

9 x 12, 2-color

A6, 2-color

14.0 Digital Work

Cost per copy – B/W $_____________

Cost per copy – color $_____________

Setup chg – Coil binding $_____________

Setup chg – perfect binding $_____________

Setup chg – Saddle stitching $_____________

Overage Requirement $_____________

14.1 Coil Bound Book

Quantity 500

Cover 4/0 100# gloss cover

Inside Pages 250 pages/2-sided/60# text

Binding Coil

Trim Size 8.5 x 11



14.2 Coil Bound Book with Tabs

Quantity 500

Cover 4/0 100# gloss cover


# of Tabs per book 5

Binding Coil

Trim Size 8.5 x 11



14.3 Perfect Bound Book

Quantity 500

Cover 4/0 100# gloss cover with bleed


Binding Coil

Trim Size 8.5 x 11



RFP# 01439-11


15.0 Bulk Mail Services

Inkjet setup $_____________

Presort $_____________

Inkjet address $_____________

Address Labels $_____________

Folding $_____________

Tabbing $_____________

Example Mailing 1 - Postcard

Quantity 5,000

6 x 9”

Inkjet address

Total Job Cost (including delivery to Post Office, pick up of

originals, and delivery and pick up of proof) Cost =

Example Mailing 2 - Booklet

Quantity 10,000

5.5 x 8.5 booklet with Wafer-seal

Inkjet address



Example Mailing 3 - Catalog

Quantity 20,000

Polybag

Inkjet address



16.0 Other Services Offered

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

RFP# 01439-11


BID RESPONSE SUBMITTAL INFORMATION & QUESTIONNAIRE

The following questions will help Region 4 understand the vendor’s printing service operations. This

information will be used in the evaluation process for qualifying vendors. Guaranteed future pricing is not being

requested as a part of this RFP (See page 27, items 3.0 & 4.0). In order to assist Region 4 with the evaluation

process each vendor will need to complete the example as if they were actually quoting these specific jobs for

Region 4.

Submittals

1. Provide a quote for the example jobs your company is capable of delivering. Use the tables in the example

sections to provide your quote.

2. Provide printing and bindery equipment list (Submittal A). List to include name, description, year, make,

model, number of impressions per hour, minimum run quantities etc. This information will need to coincide

with the Region 4 onsite visit listed on page 27, item 6.0.

3. Provide attachment (Submittal B) on how equipment failure is handled to meet customer production

schedules.

4. How long has your company been in business?

5. How many business locations do you have?

6. How many full time employees do you employ?

7. What is your current number of accounts?

8. How many shifts does your business have?

9. How many days a week are you open?

10. What are your business hours?

11. Do you have electronic prepress digital workflow including digital output for color contrast proofs?

Yes No

12. Will equipment produce 175 lpi or better? Yes No

13. Do you have e-mail capabilities for returning quotations? Yes No

14. What is your normal turnaround time for returning quotations?

15. Is 30 days after receipt of invoice an acceptable payment schedule? Yes No

RFP# 01439-11


16. Which areas of printing services does your business outsource? (e.g. bindery services)

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Note: Failure to provide the above information will classify the proposal incomplete and will be subject to

disqualification.

RFP# 01439-11


NO PROPOSAL NOTIFICATION

Region 4 is interested in receiving competitive pricing on all items it proposes. We place significant value on

quality vendors and we also desire to keep your firm as a supplier of materials, equipment and/or services.

Therefore, it is important for us to determine why you are not bidding on this contract item. We will analyze

your response and attempt to determine if future changes are necessary in our specification development and

procedures.

I/WE DID NOT SUBMIT A PROPOSAL FOR THE FOLLOWING REASONS:

(Please place an “X” by one or more of the reasons listed)

Do not supply the requested product/service.

Quantities offered or scope of job is TOO SMALL to be supplied by my business.

Quantities offered or scope of job is TOO LARGE to be supplied by my business.

Specifications are “TOO TIGHT” or appear to be written around a proprietary product.

Cannot bid against MANUFACTURER on this item.

Cannot bid against JOBBER on this item.

Time frame for bidding was too short.

(Please elaborate on your primary reason for this judgment.)

Other:

If you wish to remain on the Region 4 proposal list for this item, please indicate:

I do wish to remain on the proposal list.

I do not wish to remain on the proposal list.

Documents

REQUEST FOR SEALED PROPOSALS - Region 4 Education … Services.pdf · REQUEST FOR SEALED PROPOSALS ... Any proposal received later than the specified time, whether delivered in person