SOUTHWEST REGIONAL EDUCATION COOPERATIVE 405 …toolbox1.s3-website-us-west-2.amazonaws.com/site_0396/Southwest... · Southwest Regional Education Cooperative ... Procurement law
Post on 10-Mar-2018
212 Views
Preview:
Transcript
1
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 Proposals may be modified or withdrawn prior to the established due date by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.
2
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.
3
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.
4
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.
5
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.
6
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
7
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.).
8
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
9
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.
10
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.
11
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.
12
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.
13
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.
14
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.
15
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?
16
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.
17
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.
18
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.
19
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.
20
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.
21
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.
22
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: _____________________________________________________
23
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: $_______________________ ______________________
$_______________________ ______________________
$_______________________ ______________________
24
7. Software: $_______________________ ______________________
$________________________ ______________________
8. Engineering: $_______________________ _________________________
$_______________________ _________________________
$________________________ _________________________
9. Cabling: $________________________ _________________________
$_________________________ _________________________
25
top related