Request for Proposals (RFP) P17-034 Wireless Network Upgrade

Request for Proposals (RFP) P17-034

Wireless Network Upgrade

Date Event January 17, 2017 Advertise/Issue Date

January 25, 2017 Due Date for Questions by 2:00 pm

January 27, 2017 Questions and Answers posted on our website

February 15, 2017 RFP opening / due date at 2:00 pm CST

February 16-23, 2017 Evaluation of Proposals

February 24-March 4, 2017 Contract negotiation

March 27, 2017 AISD Board Meeting for review/approval

• Questions must be submitted via e-mail to the contact person listed below.

In the e-mail subject line, type: Questions P17-034 Wireless Network Upgrade

• Q & A and Addenda will be posted on our website: http://www.austinisd.org/contractandprocurement/advertised-bids-rfps

• Your proposal must be delivered in a sealed envelope or carton and received by the opening time and date listed. Submit one (1) hard copy proposal marked “original”

three (3) marked “copy”, as well as one (1) on flash/thumb drive.

• FAX, e-mail or other electronic proposals will not be accepted.

• Proposals must be plainly marked with the RFP Number and Title above.

Contact: Brenda Dalton Sr. Procurement Specialist 512-414- 2113 Fax: 512-480-0924 [email protected]

Deliver Sealed Proposals to: Austin ISD Contract & Procurement Services 1111 West 6th Street Building A, Suite 330 Austin, TX 78703

http://www.austinisd.org/contractandprocurement/advertised-bids-rfps

Request for Proposals P17-034, Wireless Network Upgrade

I. INTRODUCTION

The Austin Independent School District (herein after referred to as “AISD” or the “District”) is seeking proposals from firms qualified and experienced in providing and implementing campus wireless networks to accomplish the following: replacement of existing wireless network equipment with new Aruba (or equivalent) 802.11ac Wave 2 MU-MIMO wireless network equipment. The network at each of approximately 62 campuses will be upgraded as described below under Scope of Service. All services and products referenced are listed to establish minimum specifications for this RFP. Austin ISD will review and evaluate equivalent products submitted in response to this RFP.

Submit inquiries via email to the contact person listed on the cover page by the deadline specified in the schedule below. In the subject line of the email, type “Questions” and the solicitation number: Questions P17-034 Wireless Network Upgrade.

Questions received by this deadline and corresponding answers will be included in an Addendum and posted to our website at: http://www.austinisd.org/contractandprocurement/advertised-bids-rfps

II. Term

The agreement(s) resulting from this solicitation will be in effect for an initial term of one (1) year from the date of award by the Board of Trustees, or such date established by the agreement. The parties by mutual consent may renew the agreement for up to four (4) additional one (1) year periods. In addition, the District reserves the right to extend the contract for an additional sixty (60) days beyond the final expiration date if necessary, to ensure no lapse in service.

III. SCOPE OF SERVICE AND PERFORMANCE REQUIREMENTS

Evaluation Criteria for the following sections: Program Plan

A. Overview Austin ISD, as part of the E-Rate Program, is planning an upgrade to the wireless network infrastructure in the AISD elementary school campuses. This RFP addresses the replacement and/or upgrades of the wireless network equipment in 62 elementary schools. AISD expects to begin the WLAN upgrades in July 2017 and to complete all work by June 2018. The current wireless infrastructure at each campus consists of an Aruba AP 105 (802.11N) in each classroom / office and an Aruba 3400 or 3600 controller on the campus. The intention of this project is to enhance wireless coverage, capacity, and performance by replacing each classroom / office AP with an 802.11 ac Wave 2 MU-MIMO AP.



A system design with equipment having 4 x 4 radios will be preferred for the 802.11 ac Wave 2 MU-MIMO AP for indoor use. The preferred outdoor AP is 802.11 ac Wave 2 MU-MIMO. AP’s should have a built-in Bluetooth Low-Energy (BLE) radio. The bidder should include the specific model number and pricing for each type of AP proposed for this project in their response. The District currently owns sufficient Aruba AP licenses and Airwave management licenses to support the existing infrastructure and to support the additional AP’s needed for this project. The Aruba product licenses include the standard AP license, as well as the PEFNG and RFP feature set licenses. Any alternative solution proposed must include all additional costs that would be incurred in order to create an equally functional and managed enterprise environment. These additional considerations must include licensing, implementation of a management platform, etc. The additional technical issues must be described comprehensively in detail in the proposal. The associated costs must be explained in detail in the bidder’s response. These items should be included on the financial proposal and the additional items should be listed in the appropriate sections of Appendix A. Some costs for network management and feature licenses may not be eligible for ERATE funding.

Vendor Response: Comply Exception

Explanation for Exception:

B. Wireless Network Upgrade Project Scope

The contractor will be required to provide comprehensive services to complete the entire process of the wireless network upgrades at the sites specified. These services will include planning, equipment acquisition, staging, scheduling, reporting, documentation updates, communication and coordination with other parties involved in the overall project. The selected contractors must be willing to work in a cooperative manner with the AISD staff and other parties working on behalf of AISD. There will be other contractors installing cabling and network equipment to support the new wireless devices. The scope of this project will include the purchase, configuration, and installation of Aruba (or equivalent) wireless equipment (AP’s, controllers, and possibly other devices). The contractor will be responsible for removing existing equipment, installing new equipment, making all necessary interconnections, and then verifying that the campus network is fully functional. There is existing WLAN equipment on each campus that will be removed as part of this project. The new WLAN equipment will be installed in its place and additional AP’s may be installed in new locations on each campus.


AISD will provide detailed instructions for network design, site survey templates, configuration templates, installation procedures, documentation procedures, and coordinate scheduling with the campuses. The contractor will be expected to provide experienced staff with adequate expertise in project management and WLAN technologies to comply with the implementation standards required at AISD. Appendix B provides an example of the installation and configuration instructions that will be provided for the contractor. This will be updated prior to the start of the project. The Acceptance Checklist in Appendix C provides an outline of the requirements for completion of this project. This checklist is preliminary and may be revised as the project plans are finalized. The contractor must agree to follow these procedures and complete these checklists during the project. The contractor will be required to update existing documentation of the WLAN layouts at each campus, and provide digital photos of their work. AISD will provide a template in Excel format to the contractor. The vendor must be able to work with Visio drawings, MS word documents, and Excel spreadsheets, update AutoCAD drawings, AirWave network management system, as well Aruba (or equivalent) and Cisco device configuration interfaces.



C. General Outline of the Project Process

These are the primary tasks for each campus in this project:

1. Perform a pre-installation site survey at each site to verify installation plans, and

verify/document equipment counts, patch cable lengths and counts, and jumper cabling

required.

2. Update documentation of campus wireless device inventory per AISD documentation

requirements.

3. Stage equipment (off site), load predefined device configurations, inventory and label

devices.

4. Install equipment during evening/night hours (possibly weekend) installation window

(typically 4pm to 12am), as defined by AISD.

5. Install 802.11 ac Wave 2 MU-MIMO AP’s in each classroom.

6. Install 802.11 ac Wave 2 MU-MIMO AP’s in the open areas of the campus (cafeteria, gym,

auditorium, etc.).

7. Install 802.11 ac Wave 2 MU-MIMO outdoor AP’s (outdoor AP’s are fully sealed for harsh

environments to withstand high and low temps as well as precipitation and moisture) in

designated outdoor areas (e.g., courtyard, plaza).


8. Configure switch ports (via Cisco IOS) to support the AP’s and document the network

connections in the interface descriptions.

9. Remove old equipment and deliver to AISD warehouse location and inventory devices.

10. Provide any additional equipment to AISD that will be installed by AISD.



Evaluation Criteria for the following sections: Contractor’s Capabilities

D. Project Management

This project will be coordinated by an AISD project manager. The selected contractor will be required to provide comprehensive project management services on this project. These services will include on-site inspections, scheduling, close oversight of work crews, weekly reporting, documentation updates, communication and coordination with other parties involved in the overall project. The selected vendors must be willing to work in a cooperative manner with the AISD project manager and with other AISD contractors. These project management services should be quoted as a separate cost (there is a line item at the bottom of the Appendix A – Cost Estimate Worksheet). The PM costs should be based on a fixed cost for each AP installed at a campus. The contractor will be responsible for all tasks requested in this RFP under the direction of a project manager provided by AISD. The contractor will not sub-contract, or enter into any subcontracting agreements pertaining to this contract without prior written agreement by AISD. Any intention to subcontract parts of this project should be clearly stated in the contractor's response to this RFP. The individual in the role of project manager will have a critical role in the successful completion of this project. The contractor should include a resume of the individual that they propose for project manager. AISD reserves the right to approve the individual assigned as project manager. AISD expects this project to be the top priority of the assigned individual for the duration of our project. AISD expects this individual to follow our processes and procedures during the project. AISD reserves the right to require a change of project manager at any time if, in our judgment, that would improve the outcome of this project. The requirements for the project manager include commitment to ownership of this project, organization skills, familiarity with the technical aspects of the project, prompt and forthright communication, attention to details, honoring all commitments, ability to work cooperatively, willingness to conform to AISD processes/procedures, timely materials management, hands on management of work crews, and on-site presence during campus installations.


The project manager must closely supervise the work crews. Details of daily schedules and progress must be reported to AISD accurately. Weekly summary reports to AISD will also be required. AISD will provide an acceptance checklist to the contractor at the beginning of the project (see Appendix C). The contractor’s project manager must complete a site inspection of each campus as it is completed and verify that all work has been done to the AISD specifications. AISD will then schedule a final walkthrough with the vendor. There should be no punch list items found by AISD on this final walkthrough.



E. Contractor Staffing Requirements

The contractor must be able to provide adequate, dedicated resources to work continuously on this project, and stay on the schedule provided by AISD. The contractor is expected to provide the resources to support an implementation schedule in which a site upgrade is completed each week. This will require multiple crews working simultaneously on different phases of the process. The contractor must agree to increase the resources allocated to this project if the scheduled work begins to fall behind (or if requested by the AISD Project Manager). Each work crew must have an assigned team lead to provide continuity and clear communication throughout the course of this project. Each work crew must include one or more network engineers with adequate technical expertise to address any configuration or troubleshooting issues that may arise during the staging and installation phases of the project. The crews should have adequate manpower to complete the installations within the allocated windows. This will require several experienced installation teams working simultaneously. AISD expects the installation teams to include at least 4 to 6 people. The network engineers should not be included in this count because their time should be dedicated to verifying connectivity, troubleshooting, customization of port configurations, and comprehensive testing of network functionality. The project manager is expected to be onsite for each installation to ensure that the installation is on schedule, manage communication of status to AISD throughout the process, and deal with logistical issues.




F. Scheduling

It is anticipated that the entire project will be scheduled for completion over approximately 12 months. The contractor must commit to meeting the schedule as agreed upon with AISD. The contractor will be expected to do whatever is necessary to meet the schedule. The contractor must be willing to address any contingencies that arise to stay on schedule. If the installation crews can safely and quietly work around the daily class schedule, some work may be completed during the school day. The primary cutover of a site will always be scheduled after hours or on a weekend. However, the labor rates quoted to AISD should be valid no matter what time the work is scheduled. These are the current school start and end times: Elementary - 7:45 a.m. - 2:45 p.m.* Middle & Junior High - 8:20 a.m. - 3:30 p.m.* High School - 9 a.m. - 4:10 p.m.* *Variations may exist with kindergarten or high school schedules or magnet schools. Administrative Facilities – 7 a.m. – 5 p.m. During the summer vacation and other periods when there are no classes, the contractors will be allowed to work during normal business hours. During the school year, contractors should plan to work after typical campus hours, typically 4p.m. to 12:00a.m.



G. WLAN Installation Guidelines for Vendors (preliminary) - Appendix B

The contractor should thoroughly review this document. The work done on this project must comply with the specifications described in the final version of this document (to be provided at the beginning of the project). In the RFP response, the contractor must verify that the installation guidelines document has been reviewed and that the contractor has the ability to meet all requirements.




H. WLAN Acceptance Checklist (preliminary) - Appendix C

This is additional information to assist the contractor in understanding the requirements of the project. The checklist in Appendix C provides an outline of the requirements for completion of this project. This checklist is preliminary and may be revised as the project plans are finalized. In the RFP response, the contractor must verify that the installation guidelines document has been reviewed and that the contractor has the ability to meet all requirements.



I. Contractor's Capabilities – Specific Requirements The items listed below are requirements that the vendor must meet. The vendor must specifically address each bulleted item below in their response. Omission of a specific response will be considered to be a negative response.

1. Consideration will be given to the partner certification level that the bidder holds with the

product manufacturer that is being offered. The bidder should verify this status in the bid response. Bidders that have attained an equivalent of a Gold or Platinum certification level are preferred.

2. The contractor must have staff located in the greater Austin area in order to satisfy requirements for availability for warranty work.

3. The contractor must specifically state any plans to bring staff from outside the area to meet the manpower requirements, and to staff availability for support and follow-up on this project.

4. AISD must approve any subcontractor to be used on this project. 5. Contractor must provide 3 references for projects of a similar scale and scope. Educational

environments are the preferred references. 6. The contractor must commit adequate, dedicated manpower to complete the work at all

campuses within approximately 12 months. The exact schedule will be set by AISD. 7. The allocated manpower must be adequate to complete installations at one site within the

schedule provided by AISD.


8. The contractor must submit a detailed manpower resource plan to demonstrate that adequate resources are committed to this project.

9. The contractor must agree to add additional manpower to the project if it falls behind schedule. All contractor staff working at an AISD facility must have company identification and wear AISD badges at all time.

10. All contractor staff must dress according to professional standards and conduct themselves in a professional manner while on AISD property.

11. All contractor staff working at an AISD facility must pass AISD required background checks. 12. Contractor must obtain contractor access keys from the AISD service center, AISD

contractor picture ID badges from AISD PD, and follow AISD access procedures to work on campuses.

13. Contractor must obtain a set of contractor keys for each crew and for the project manager (minimum requirements).

14. Contractor must provide a dedicated project manager to oversee all the contractor’s activities, and to serve as the single point of contact to AISD personnel and the project consultant.

15. The project manager will be responsible for coordination of all activities of contractor’s staff. 16. Contractor must closely supervise work on each campus while underway, and must

complete inspection of work within 2 days of completion of a campus. 17. The project manager will be expected to provide daily and weekly reports of progress on the

project. These reports must be accurate. 18. The contractor must provide documentation as specified by the AISD project manager. This

will include updating existing documentation provided by AISD. 19. Contractor will be responsible for communicating all requirements to any subcontractor and

for all work done by subcontractor. 20. The contractor should submit the resume of the proposed project manager. 21. The contractor should submit the resume of the networking professional proposed for the

technical leader of this project. 22. The contractor must minimize and coordinate downtime of the existing network equipment

when performing this work. 23. Contractor must have a set of test equipment for testing copper links. This test equipment

must be onsite with each installation crew. 24. Contractor must remove old equipment, inventory all old equipment, cables, etc. and

relocate this equipment to an AISD storage facility as instructed by AISD 25. The day after each installation is completed, the contractor must have staff available to

return to the site for any problem resolution. 26. The contractor must label all cables in accordance with AISD cabling standards. 27. The contractor will be required to take digital photos of all installed equipment at completion

of installation. 28. Contractor must also be prepared to make revisits to campuses to investigate possible

issues at no extra charge to AISD. 29. Contractor will be responsible for upgrading or downgrading the OS version on the AP’s and

wireless controllers per AISD's directive. 30. The contractor will be required to make pre-installation site visits in preparation for

installation, and may be required to assist in adjusting equipment in the racks to facilitate the placement of new equipment.

31. Contractor will be responsible for checking accuracy of parts required at each campus as part of the preliminary site visits, and must notify AISD project manager of any discrepancies.

32. Contractor must verify placement of new WLAN components during preliminary site visits.


33. Contractor must also verify exact cable length requirements for all copper patch cables during the preliminary site visits. Contractor must adjust orders to get the correct patch cables.



Evaluation Criteria for the following sections: Management and Reporting Capabilities

J. E-Rate Terms and Conditions

The AISD intends to apply for discounts on the services/equipment listed in this RFP through the federal Universal Service Support Mechanism for Schools and Libraries, commonly known as “E- Rate.” Vendors submitting bids under this RFP must agree to meet the following conditions relating to the E-Rate program:

1. The Vendor must obtain a valid E-rate SPIN number (Service Provider Identification

Number), and must provide that SPIN in the Proposal submitted in response to this bid opportunity. If a Vendor does not currently have a SPIN but would like to apply for one, the Vendor must submit a completed FCC Form 498 to the E-rate program administrator, the Schools and Libraries Division of the Universal Service Administrative Company (“SLD”). The form is available on the SLD’s website at: www.usac.org/sl in the Forms section. If the Vendor is unable to obtain a SPIN before the deadline for responding to this Request, the Vendor may attach its completed FCC Form 498 and proof that the form was submitted to the SLD (for example, Postal Form 3817 or a copy of the envelope bearing the postmark date of the mailing of the form; or email confirmation, etc.).

2. The Vendor must agree to timely submit to the SLD a completed Form 473, Service Provider Annual Certification Form, which is a program requirement. The Vendor must also agree to provide a copy of the completed Form 473 to the AISD upon request. This form is available on the SLD’s website at www.usac.org/sl in the Forms section.

3. The Vendor must agree to ship and/or deliver, and invoice for any services, goods and/or equipment requested in this Service Request on or after July 1, 2016.

4. The Vendor must agree to promptly process the AISD’s E-rate reimbursement forms that the AISD will submit to the SLD in order to receive the E-rate funds. The Vendor must agree to cooperate with the AISD and promptly sign the Form 472 reimbursement form when the AISD presents it to the Vendor. The Vendor also must agree that upon its receipt of the AISD’s E-rate reimbursement, the Vendor will, in turn, remit full E-rate reimbursement to the AISD for E-rate FY 2017 and until the SLD

http://www.usac.org/sl

http://www.usac.org/sl


institutes a policy of remitting reimbursements directly to the AISD. The Vendor’s signature on the Form 472 certifies to the SLD and AISD that the Vendor will remit the entire payment to the AISD within the 20 business days of the Vendor’s receipt of the payment from the SLD.

5. The Vendor must register with the FCC and obtain a FCC registration number. See https://apps.fcc.gov/coresWeb/publicHome.do for more information about this requirement.

6. The Vendor must separately itemize the cost of E-rate eligible and ineligible products and/or services on its invoices. To determine what items are eligible, visit the E-rate Eligible Services List at: http://www.usac.org/sl/applicants/beforeyoubegin/eligible-services-list.aspx or call the SLD at 888-203-8100. This requirement applies to services provided to E-rate eligible entities (K-12 schools) and other AISD entities that are not eligible for E-rate. The Vendor must provide unit pricing to enable the AISD to compute the bid price of services provided to K-12 schools.

7. The Vendor must be in good standing with the FCC and have no debts outstanding that are owed to the FCC and must not be on Red Light Status. The Vendor must immediately notify the AISD in any event that the Vendor is put on Red Light Status by the FCC and must take immediate measures to resolve and remove its Red Light Status. Vendor’s Red Light Status constitutes a material breach of contract and the AISD reserves the right to cancel the Agreement of the parties immediately and without incurring any termination charges.

8. If Vendor learns of any federal, AISD or local investigation conducted by any

regulatory authority that could have an impact on the AISD’s ability to continue to receive the benefit of E-rate funding, Vendor must notify the AISD within 30 days of learning of such investigation. The AISD reserves the right to cancel the agreement without penalty if the investigation impedes the AISD’s ability in any way to receive the benefit of E-rate funding subject to any investigation of wrongdoing.

9. The Vendor must cooperate with the AISD in ensuring that the location names and addresses listed on the Vendor’s bills are accurate and correct. The Vendor must agree to make any corrections to location names and addresses within 30 days of receiving such requests.

10. The Vendor must cooperate with the AISD in providing documentation concerning the billing charges and calculations, and answering any questions that may be required during the SLD review of the AISD’s E-rate application.

11. The Vendor must agree to retain copies of all bills and any other records such as work orders, change orders and request for price quotes, issued to the AISD for 10 years from the end of each fiscal year that this contract is in effect, and to provide copies of these documents to the AISD upon request. These records may be stored electronically and paper copies are not required to be retained.

12. Vendors must agree to comply with the FCC's Lowest Corresponding Price rule and not charge a price above the LCP for E-rate eligible services. See 47 C.F.R. Section 54.511 and 47 CFR Section 54.500(f). The Vendor is obligated to provide the LCP not just in this bid response, but throughout the course of the contract. The contract is required to contain a process for annual LCP compliance. Vendors may refer to USAC guidance at http://www.usac.org/sl/service-providers/step02/lowest-

https://apps.fcc.gov/coresWeb/publicHome.do

http://www.usac.org/sl/applicants/beforeyoubegin/eligible-services-list.aspx

http://www.usac.org/sl/applicants/beforeyoubegin/eligible-services-list.aspx

http://www.usac.org/sl/service-providers/step02/lowest-corresponding-price.aspx


corresponding-price.aspx for additional information.

13. Vendors must agree to cooperate with AISD in completion of a Service Substitution Request in the event that this is necessary to receive funding approval for a newer model device that becomes available before the project begins.



K. Management and Reporting Capabilities

1. The project manager will be expected to provide AISD with documentation of a detailed,

clearly defined work schedule for each campus. 2. AISD will issue a PO for the work at each campus. 3. Contractor must provide 1 invoice for each campus that includes all charges (equipment,

labor, etc.). This invoice must be itemized and must match the format of the PO submitted to the contractor by AISD. The invoice must be submitted within 1 month of the completion of the work on a campus.

4. All equipment ordered must be new from the manufacturer. 5. The contractor will be responsible for ordering all equipment and supplies far enough in advance

to maintain the work schedule. 6. If necessary, the contractor will be required to obtain equipment and supplies through distribution

channels to meet the AISD implementation schedule or to complete installations if additional items are needed on short notice.

7. The contractor will be responsible for the receipt of the equipment at the contractor’s staging area for inventory and configuration.

8. The contractor will be responsible for the delivery of the equipment to each campus following the staging process.

9. The contractor will be required to expedite deliveries (at no cost to AISD) if necessary to maintain the work schedule.

10. Contractor will be responsible for all RMA's of equipment until the entire project is complete. If a component fails after installation, the contractor must handle the RMA of this component and installation of the replacement unit.

11. Any additional components and installations required will be done at the same unit costs as the original quote with no additional charges for change order processing.

12. The Contractor must provide verification that the Aruba (or equivalent) maintenance contract

is in effect and all products are under coverage.

http://www.usac.org/sl/service-providers/step02/lowest-corresponding-price.aspx




Evaluation Criteria for the following sections: Financial Proposal

L. Cost Estimate Worksheet - Appendix A

This worksheet must be completed by the contractor. The Excel document can be obtained from the AISD purchasing department. The vendor should modify each section of the document to reflect the part numbers being bid, and add rows to the tables as needed. It is the responsibility of the bidder to specify all components necessary to provide a complete solution based on the products offered. The document should be returned within the RFP response and also as an Excel document. The cost estimate worksheet (Appendix A) provides the basis for the evaluation of the bidder’s financial proposal. Please follow the directions on the worksheet to complete the cost estimates. Section 1 of the worksheet provides the estimates for the types and quantities of equipment that will be required at each campus. These estimates are intended to provide a price comparison for a complete campus upgrade. The actual quantities and items required for each campus will be adjusted after completion of the bidding process. The bidder should include the unit costs for each item, create the subtotals for each type of AP and controller, and provide a total for each campus. The project management costs for each installation should be based on the number of AP’s installed on the campus. The bidder should include any other costs that might be incurred in the implementation of a complete solution in the response provided. In response to Section 2 of the appendix the bidder should specifically show the vendor list price of each product, the bidder’s discount, and the discounted price. This information should match the pricing used in Section 1 of the appendix. The unit costs quoted in this appendix will be used for pricing any additional items requested by AISD under the terms of this RFP. The vendor must commit to this pricing for the entire contract period. Section 3 of the appendix should provide the bidders discount offer for general categories of products, licenses, maintenance, management products, and any other categories with different discount rates. The contractor must commit to provide AISD with discounting at this level (or better) for any purchases made under the initial terms of this contract. The discount rate will be reviewed prior to annual renewals of this contract. The “percent off list price” will be stated in the renewal agreements. The cost worksheet (Appendix A) includes an example of the types of devices and quantities of equipment that will be needed. The specific models will be determined at a later date. This list


is intended to provide the bidder with a general idea of the scope of the project in order to provide appropriate discount levels in the bid. The contractor should include discount rates off list pricing for the various categories of Aruba (or equivalent) equipment, maintenance, and services listed in bottom section of this appendix. This RFP may also be referenced for additional, similar network installations at other campuses during the contract period (and any subsequent renewal periods).



M. Option for Additional Equipment Purchases

The scope of this RFP is intended to allow for additional purchases of wireless equipment for other projects during the contract period. There may be some additional Aruba (or equivalent) equipment required at several of the campuses. This equipment may be included in the initial installation project, or be requested as one or more separate projects during the term of this contract award. These additional items may fall into different product categories as defined by Aruba (or equivalent). The contractor should provide a quote for discount rate (off list price) for each of the product categories listed in Appendix A.



IV. PROPOSAL FORMAT

A. Preface

The Proposer shall provide an Executive Summary of two (2) pages or less, which gives in brief, concise terms, a summation of the proposal.

B. Proposal

The vendor’s proposal itself shall be organized in the following format and informational sequence:


Section I – Summary of Experience This section shall contain the full name and address of the Proposer submitting the proposal and a brief summary of the Proposer’s corporate experience and individual experience for personnel who will provide this product or service. Section II - Scope of Service A description of services and capabilities as outlined in the Scope of Service and Performance Requirements sections of this RFP, in the order shown. Clearly state any exceptions taken to the specifications of this RFP, or any conditions of the proposal. Section III - Financial Proposal This section shall contain a straightforward, concise delineation of the Proposer’s fees to satisfy the requirements of this RFP. It is the vendor’s responsibility to specify all costs (i.e. administrative fees, processing fees, etc.) associated with providing the products or services required herein. Section IV – References References are to be from government agencies and/or firms, which are substantially serviced by the vendor (references most similar to Austin ISD should be provided). Each reference must contain the reference’s name, address, telephone number, and point of contact (including email address). A list of at least four (4) references from current customers must be provided.

C. Required Forms Proposer shall execute the following required forms (located at the end of this solicitation, and return the signed original with the proposal:

Offer Certification

Notification of Criminal History of Contractor

Debarment, Suspension and Ineligibility Certification

CTPA Adoption Clause

Interlocal Cooperative Agreement Clause

W-9

OPTIONAL FORM FOR SOFTWARE PRODUCTS:

Software Vendor Certification Form

V. COMPETITIVE SELECTION / EVALUATION

A. This is a NEGOTIATED procurement and as such, award will not necessarily be made to the offeror submitting the lowest priced proposal. Award will be made to the firm submitting the best responsive proposal satisfying AISD’s requirements, price and other factors considered.

B. AISD will evaluate each Contractor’s proposal in the areas of the proposed plan, experience/service capabilities, and best value on the following pre-determined criteria:


30 Points Proposed Plan

The adequacy and completeness of the plan offered addressing the Scope of Service.

Extent to which the goods or services meet the district’s needs.

Quality of the vendor’s goods and services.

25 Points Contractor's Capabilities

The demonstrated ability of the Contractor to provide services, including references.

Reputation of the vendor and vendor’s goods and services

Vendor’s past relationship with the district

10 Points Management and Reporting Capabilities

The ability of the contractor to efficiently and accurately process management and reporting requirements as described in the RFP will be considered.

Administrative capabilities for purchasing and billing

ERATE requirements

35 Points Financial Proposal

Cost for components as bid in the unit costs on Appendix A – Unit Cost / Total Cost Estimate Worksheet will be the basis for this comparison.

Purchase Price

Total long-term cost to the district

Impact of district’s compliance with laws and rules relating to Historically Underutilized Businesses

The committee evaluating the proposals submitted in response to this RFP may require any or all contractors to give an oral presentation in order to clarify or elaborate on their proposal as well as to provide a demonstration. Upon completion of oral presentations or discussions, Contractors may be requested to revise any or all portions of their proposals.

RFP P17-034 WIreless Network Upgrade Appendix A – Cost Estimate Worksheet 1/17/2017

CAMPUS

PEIMS

2016

AP 315 AC

WAVE 2 AP

COUNT

AP 315 AC

WAVE 2 AP

COST

AP 315 WALL

MOUNT

COUNT

AP 315 WALL

MOUNT COST

CONTROLLER

MODEL 7205

CONTROLLER

COST

OUTDOOR

AP 275

COUNT

OUTDOOR

AP 275 COST

OUTDOOR

AP 275

Mount

COUNT

OUTDOOR

AP 275

Mount COST

TOTAL AP

COUNT

BLUE CAT6

PATCH

CABLES (7' -

15') COUNT

BLUE CAT6

PATCH

CABLES (7' -

15') COST

TOTAL

PM COST

(UNIT / AP)

TOTAL

WIRELESS

COST PER

CAMPUS

UNIT PRICING $$$.$$ $$$.$$ $$$.$$ $$$.$$ $$$.$$ $$$.$$ $$$.$$

ALLAN 0 66 10 1 2 2 68 136

ALLISON 460 59 10 1 2 2 61 122

ANDREWS 572 64 10 1 2 2 66 132

BALDWIN 794 73 10 1 2 2 75 150

BARRINGTON 542 67 10 1 2 2 69 138

BECKER 431 53 10 1 2 2 55 110

BLACKSHEAR 380 52 10 1 2 2 54 108

BLANTON 486 61 10 1 2 2 63 126

BLAZIER 813 91 10 1 2 2 93 186

BRENTWOOD 644 60 10 1 2 2 62 124

BROOKE 272 45 10 1 2 2 47 94

BROWN 354 50 10 1 2 2 52 104

CAMPBELL 194 50 10 1 2 2 52 104

CASEY 633 65 10 1 2 2 67 134

COOK 520 64 10 1 2 2 66 132

CUNNINGHAM 412 60 10 1 2 2 62 124

DAWSON 340 56 10 1 2 2 58 116

GALINDO 590 69 10 1 2 2 71 142

GOVALLE 470 62 10 1 2 2 64 128

GRAHAM 686 66 10 1 2 2 68 136

HARRIS 587 67 10 1 2 2 69 138

HART 700 72 10 1 2 2 74 148

HOUSTON 680 78 10 1 2 2 80 160

JORDAN 712 66 10 1 2 2 68 136

JOSLIN 261 47 10 1 2 2 49 98

KOCUREK 540 68 10 1 2 2 70 140

LANGFORD 619 80 10 1 2 2 82 164

LINDER 320 52 10 1 2 2 54 108

MAPLEWOOD 498 52 10 1 2 2 54 108

MATHEWS 443 43 10 1 2 2 45 90

MCBEE 448 56 10 1 2 2 58 116

METZ 305 52 10 1 2 2 54 108

SECTION 1. CAMPUS COST ESTIMATE DETAILS

S:\Finance\Materials Management\_Materials Management Share\RFP (Proposal)\Proposals 16-17\P17-034 Wireless Network Upgrade (85 Elementary schools) - Erate\working docs\Appendix A - Wireless RFP V3 (1)-H


NORMAN 263 46 10 1 2 2 48 96

OAK SPRINGS 324 45 10 1 2 2 47 94

ODOM 509 65 10 1 2 2 67 134

ORTEGA 306 49 10 1 2 2 51 102

OVERTON 667 71 10 1 2 2 73 146

PADRON 797 99 10 1 2 2 101 202

PALM 470 61 10 1 2 2 63 126

PECAN SPRINGS 470 53 10 1 2 2 55 110

PEREZ 723 79 10 1 2 2 81 162

PICKLE 638 64 10 1 2 2 66 132

PILLOW 509 63 10 1 2 2 65 130

PLEASANT HILL 501 92 10 1 2 2 94 188

READ PK DEMO 320 55 10 1 2 2 57 114

REILLY 186 44 10 1 2 2 46 92

RIDGETOP 331 37 10 1 2 2 39 78

RODRIQUEZ 591 81 10 1 2 2 83 166

SANCHEZ 353 57 10 1 2 2 59 118

SIMS 230 43 10 1 2 2 45 90

ST. ELMO 284 42 10 1 2 2 44 88

SUNSET VALLEY 533 57 10 1 2 2 59 118

THOMPSON 667 77 10 1 2 2 79 158

TRAVIS HEIGHTS 548 54 10 1 2 2 56 112

UPHAUS 299 54 10 1 2 2 56 112

WALNUT CREEK 603 67 10 1 2 2 69 138

WIDEN 558 69 10 1 2 2 71 142

WILLIAMS 458 62 10 1 2 2 64 128

WINN 241 55 10 1 2 2 57 114

WOOLRIDGE 612 64 10 1 2 2 66 132

WOOTEN 568 67 10 1 2 2 69 138

ZAVALA 357 51 10 1 2 2 53 106

TOTALS 29622 3723 610 61 122 122 3845 7690

TOTAL

Please provide unit costs on line 2.

Fill in the cost for each type of AP (quantity*unit)

Fill in the installation cost for each type of AP (quantity*unit)

Fill in the Project Management cost based on a unit cost / AP (quantity*unit)

Fill in the total cost for the campus by summing the costs just described

Please show the grand total for all campuses at the bottom

All services and products referenced are listed to establish minimum specifications for this RFP. Austin ISD will review and evaluate equivalent products submitted in response to this RFP.



MANUFACTURER PART #

LIST COST -

PER UNIT

DISCOUNT -

PER UNIT

Aruba 7205-US

Aruba EN1-7205-US

Aruba JW797A

Aruba JW048A

Aruba JW178A

Aruba JW052A

Please add rows above for any additional items that will be needed for implementation of a comprehensive wireless solution

All services and products referenced are listed to establish minimum specifications for this RFP. Austin ISD will review and evaluate equivalent products submitted

in response to this RFP.

CONFIGURE AND INSTALL AP (OUTDOOR)

CONFIGURE AND INSTALL WLAN CONTROLLER

PROJECT MANAGEMENT / AP INSTALLED

CONFIGURE AND INSTALL AP (INDOOR)

Aruba AP-315 802.11n/ac 2x2:2/4x4:4 MU-MIMO Dual Radio Integrated

Antenna AP

OUTDOOR AP -- Aruba AP-275 802.11n/ac Dual 3x3:3 Radio Integrated

Omni Antenna Outdoor AP

Outdoor AP- Mount Kit

AP-270-MNT-V1 AP-270 Series Outdoor Pole/Wall Long Mount Kit

BLUE CAT6 PATCH CABLES (7' - 15')

AP-220-MNT-W2 AP Box Style Secure Flat Mt Kit w/1 Flat Surface

Wall/Ceiling Secure MountColor: Black

WIRELESS CONTROLLER WITH 256 AP SUPPORT

Aruba 7205, 2x 10GBASE-X (SFP+), Restricted Regulatory Domain. For

deployment in the United States only.

NBD MAINTENANCE FOR 1 YEAR 7205 CONTROLLER

SECTION 2. UNIT COST WORKSHEET

DESCRIPTION OF PRODUCT OR SERVICE

DISCOUNTED COST -

PER UNIT



DISCOUNT

OFF LIST

PRICE

Please add rows above for any additional items that will be needed for implementation of a

comprehensive wireless solution

All services and products referenced are listed to establish minimum specifications for this

RFP. Austin ISD will review and evaluate equivalent products submitted in response to this RFP.

SECTION 3. DISCOUNTS FOR PRODUCT CATEGORIES

ARUBA PRODUCT CATEGORY (QUOTED DISCOUNTS MUST APPLY TO EXISTING

AND FUTURE MODELS, LIST MULTIPLE DISCOUNTS IF NECESSARY)

AP

Aruba Controller

Aruba license

Aruba Maintenance ( equipment).

Aruba Maintenance ( license).

Aruba Wireless Network Management Product

Additional Aruba product categories (if necessary)

S:\Finance\Materials Management\_Materials Management Share\RFP (Proposal)\Proposals 16-17\P17-034 Wireless Network Upgrade (85 Elementary schools) -

Erate\working docs\Appendix A - Wireless RFP V3 (1)-H

Appendix B RFP P17-034 AISD Wireless Network Upgrade

Appendix B - WLAN Installation Guidelines for Vendors-H Page 1 of 7

WLAN Installation Guidelines

Last Saved on January 17, 2017

Contents 1 Pre-Installation Tasks ............................................................................................................................ 2

1.1 Vendor Responsibilities ................................................................................................................. 2

1.1.1 Complete design documentation. ......................................................................................... 2

1.1.2 Stage WLAN controller. ......................................................................................................... 2

1.1.3 Stage access points (AP’s). .................................................................................................... 3

1.1.4 If necessary pick up copper patch cables and Ten Gigabit DAC cables from AISD. .............. 3

2 Controller Installation Tasks ................................................................................................................. 4


2.1.1 Install the campus Master WLAN controller. ........................................................................ 4

2.1.2 Verify campus controller installation. ................................................................................... 4

3 Access Point Installation Tasks .............................................................................................................. 5


3.1.1 Prepare for access point (AP) installation. ............................................................................ 5

3.1.2 Install new access points (AP’s) ............................................................................................ 6

3.1.3 Verify new access point (AP) installation. ............................................................................. 6

3.1.4 Remove old access points (AP’s) ........................................................................................... 7

4 Post Installation Tasks ........................................................................................................................... 7


4.1.1 Update AirWave. ................................................................................................................... 7



1 Pre-Installation Tasks

1.1 Vendor Responsibilities

1.1.1 Complete design documentation.

To be completed by vendor before staging.

a. Add AP numbers to the AISD provided planned AP placement diagram. Post this

document (e.g. “williams with numbers.doc”) on the Wireless vendor FTP site.

b. Using the AISD excel template file “WLAN Info.xls”, create a WLAN info

spreadsheet for each school. Add a row for each AP and include the following

information. See the “WLAN AP General Design Guidelines” document for details.

Post this document (e.g. “williams info.xls”) on the Wireless vendor FTP site.

School #

AP Model

AP #

Wiring To

Closet Letter

Access Point Hostname

IP Addr

Rack ID#

Stack Hostname (Switch label)

Switch Port #

Identify Patch port 0

Gym Mount

Wall Mount

Location – this will match what is provisioned into AP

1. Classroom AP’s [AP half of name,Port,Rm#,Drop#]

2. Portable AP’s [Portable#whiteSign,Switch#-Port#,Rm#,Drop#]

Serial #

Gym Mount

Wall Mount

1.1.2 Stage WLAN controller.

To be completed by vendor at least one (1) day before installation.

a. With the controller not connected to any network, power it up and verify a

successful power-on self-test (POST).

b. Run the controller Setup Wizard. Use default values except for the following:

Admin Password: goaruba

Enable Mode Password: enable

Controller Mode: Standalone



c. Install the appropriate AOS version. Contact AISD prior to installation for version

number.

d. Replace the default controller configuration with one provided by AISD.

i. Copy the AISD controller config (e.g. C1SWilliams166-ArubaConfig.txt) to the

controller flash directory.

ii. Copy AISD config to default.cfg.

iii. Reboot the controller.

iv. Delete the AISD config from flash directory once it is successfully in system.

v. After rebooting, you can manage the controller by connecting to port G0/0/0

on model 7210 and 7205 or GE1/3 on model 3400/3600 and pointing your

web browser or SSH client to 172.16.0.254 and using Management User Name

wanlocal, Management User Password goaruba, and Enable Password

enable.

e. Enter the AISD asset tag number for the controller’s “System Contact” on the

Configuration > Management > Security page.

f. Place a host name and IP address label on the front of the controller.

g. Place an AISD asset tag on the side of the 7210/7205 controller, preferably the

side most visible and accessible related to the rack and closet space.

h. Update the WLAN info spreadsheet with the following information.

Serial Number

AISD Asset Tag #

i. Create a label for each end of each interconnection cable. Identify both Aruba &

switch ports at both ends of cable. Ex. 166alc01 Te0/0/2 to

166c4k01 Te1/7.

1.1.3 Stage access points (AP’s).

To be completed by vendor at least one (1) day before installation.

a. Provision each AP as specified in design documentation.

b. Place a host name label on the front of each AP. Use the biggest font possible. The

front has the AP model number and LED’s on it.

c. Hostname label will be school#, closet letter, partial model #, AP unique 3 digit#.

Examples: 166A15001, 166C15033, 166B15040.

d. Place an AISD asset tag on the back of each AP if required by AISD rules.

e. Update the WLAN info spreadsheet with the following information.

Serial Number

AISD Asset Tag # if required.

1.1.4 If necessary pick up copper patch cables and Ten Gigabit DAC cables from

AISD.



2 Controller Installation Tasks


2.1.1 Install the campus Master WLAN controller.

To be completed by vendor on the day of the installation, before 5:00 PM.

a. Place the controller in the specified rack space.

b. Label and install the interconnection cables as specified.

c. Connect power cable to the power strip that is connected to the UPS. Label both

ends of the cable. With model that has 2 power cords, power supply 0 should go

on UPS and power supply 1 on House power, use existing rack mount PDU strips.

d. Power up the controller and verify a successful POST.

e. Install one (1) AP on which to test wireless client access.

f. Important: Master controller will contact and register to the License server, re-

install the controller config to flash drive and copy to default.cfg. Reboot

controller.

2.1.2 Verify campus controller installation.

To be completed by vendor on the day of the installation, before 5:00 PM.

a. Verify that the correct AOS has been installed on the controller.

b. Verify that the controller has been configured correctly and confirm connectivity

to the License server. See commands below.

i. Show license profile

ii. show license debug

iii. show license client-table

iv. show license heartbeep stats

c. Verify that the controller ports are connected to the correct core LAN switch

ports.

d. Verify that AISD roles are installed on controller. If controller does not register

with License server, User roles are not created and causes major issues for client

authentication. Verify the roles listed below are on the controller.

Show run | inc -role

i. user-role AISD-FacultyStaff-Role

ii. user-role AISD-Guest-Role

iii. user-role AISD-Students-Role

iv. user-role AISD-DeviceAuth-Role

v. user-role AISD-Aux-Role

vi. user-role AISD-psk-Role

e. Verify AAA profiles have roles assigned. Show run | beg AAA-

i. aaa profile "AISD-AAA-Guest" -- verify that the item below is included as one

of many in list: initial-role "AISD-Initial-Logon-Role"



ii. aaa profile “AISD-AAA-Profile” -- verify that the item below is included as one

of many in list: dot1x-default-role "AISD-8021x-Default-Role"

f. Verify that a wireless client can connect to the following wireless networks.

admin

education

AISD-GUEST [Note: AISD-GUEST is disabled from 11pm-6am]

mmshare (Note: this uses a pre-shared key and vendors device MAC address will

need to be added into authentication server by AISD)

3 Access Point Installation Tasks


3.1.1 Prepare for access point (AP) installation.

To be completed by vendor on the day of the installation. This can be done before

beginning local controller installation.

a. Use the Cabling As-built Diagrams to determine the jack ID for each AP.

b. Determine the following information for each AP and add it to the WLAN info

spreadsheet.

Rack ID#

Stack Hostname

Switch Port for AP port 0

Patch Panel Port

Location in the form of AP ID, Room, Jack ID. Examples follow:

A05005,Rm101,A006D

A05017,MusicRm,A056D

A05016,AssocRm,A065D

A05002,100Hall,A121

A05012,CopyRm,A125

A05010,LibEnt,A126

A05011,Lib,A127

A05013,Lobby,A128

A05015,Music,A134

A05021,CafeKit,A135

A05014,MDF,Direct

A05019,Gym,A137

A05020,GymOff,A138

A05022,Cafe,A140D

A05006,WkRm-K,A141



P0501,P444,006

c. In the MDF/IDF, connect appropriate switch ports to corresponding patch panel

ports with blue patch cables. Remove existing patch cables, if necessary. Label

both ends of the patch cables, i.e. “AP1”, “AP2”, “AP112”, etc.

d. Any closet patch panel ports that only have AP# identified as it’s port number,

needs to be removed and a new label put in place with the current AP#. Label the

other end of the cable near AP also. This should primarily apply when re-using an

existing AP cable.

e. Configure the switch port for each AP.

i. Use the default interface command to reset the port configuration, i.e.

(config)#default interface Gi1/0/14.

ii. Run the “38-access-ap” macro to configure the port, i.e. 166A3701(config-if)# interface Gi1/0/14

#macro trace 38-access-ap $desc A05005,Rm101,A006D.

3.1.2 Install new access points (AP’s)

To be completed by vendor on the day of the installation.

a. Remove existing AP’s and replace with new AP.

b. Mount the AP’s in the locations specified on the design documentation. Most will

be mounted to the ceiling grid in the center of classroom or office. Some,

however, wall-mounted. The AP should be mounted no higher than 10 feet above

finished floor level. Contact AISD to approve any AP’s higher than 10’.

c. At the AP, connect each AP to a data drop located above the lay-in tile ceiling with

a patch cable. There should be no visible loops of cable.

d. Install AP covers for those located in gymnasiums. There should be no visible

loops of cable.

e. Update the SNMP System Location for each AP on the controller. The location

should be in the form of AP ID, Rm#, Jack ID. Use the location values defined in

the “Prepare for access point (AP) installation” section of this document.

f. Update planned AP placement diagram (e.g. “Williams 166 PDF AP Plan.pdf”), if

necessary if the AP’s final location is in a different location than originally planned.

This will help place AP’s on AirWave with accuracy of its actual location.

3.1.3 Verify new access point (AP) installation.

To be completed by vendor on the day of the installation, after the new AP’s in each

area have been installed and verified.

a. Verify that all AP’s are associated with the campus Master controller.

b. Verify that both radios on all AP’s are up.

c. Use the show log errorlog 100 and show log system 100 commands to check

controller for errors.

d. Update controller database by remove old access points from database list.



3.1.4 Remove old access points (AP’s)

To be completed by vendor on the day of the installation, after the new AP’s in each

area have been installed and verified.

a. Remove old AP’s -- if an existing AP is not replaced by design with a new AP, then

remove mounting hardware, and station cables as necessary. Coil drop and place

above false ceiling. Where no false ceiling exists, cut drop where it is exposed and

dispose of it.

b. Remove patch cables in MDF/IDF. Old patch cables can be cut and thrown away.

4 Post Installation Tasks

4.1 Vendor Responsibilities To be completed by vendor the day after the installation.

a. Remove and dispose of all packing and/or scrap materials.

b. Submit as-built documentation for review. (Post on FTP site.)

c. Deliver old AP’s to AISD storage at Ridgeview campus.

d. Update WAN inventory for old AP’s to reflect Ridgeview as the location.

e. Add new controller and AP’s to WAN inventory.

4.1.1 Update AirWave.

a. Confirm old AP’s are not still online and delete old AP’s from within the school

folder under AP’s/Devices, if not completed during installation day.

b. In VisualRF, place new AP’s on appropriate school map and floor.

c. Check AP mismatches, run import settings for AP if necessary. Controller

mismatches are normal at this time.

Appendix C RFP P17-034 AISD Wireless Network Upgrade

Appendix C - WLAN Acceptance Checklist.docx Page 1 of 2

Wireless Upgrade Project WLAN Acceptance Checklist

Site Name:

Inspector Name:

Inspection Date:

This form is to be used by AISD personnel to document observations, issues, and punch list items discovered during post-installation site inspection(s). The inspector should bring the pre-installation design documentation (if applicable), the post-installation “as-built” documentation, the most current punch list, and a camera to document any issues. AISD will not accept a school as finished until ALL documentation is correct and delivered to AISD.

MDF/IDFs:

Accepted Description Comments

I. WLAN Controller

A. Controller rack placement matches design documentation.

B. Host name label placed on front of controller.

C. AISD asset tag placed on the best visible side using large type AISD RF tag.

D. Controller power cable labeled and connected to power strip connected to UPS.

E. Controller connected to core switch ports specified in design documentation.

F. All controller uplink cables neatly dressed, placed in wire management, and correctly labeled.

G. Check controller database and confirm old AP’s have been deleted from database. CLI – show ap database look for AP105 models in list.

II. WLAN Access Points

A. Check the installed AP count with the installation vendor AP count (spreadsheet) and verify it matches. Notate any issues in AP count.

B. Blue copper patch cables used to connect patch panel ports to specified switch ports.

C. All patch cables neatly dressed and placed in wire management.

D. Confirm old cables have been removed.

Appendix C RFP P17-034 AISD Wireless Network Upgrade

Appendix C - WLAN Acceptance Checklist.docx Page 2 of 2

Campus:

Accepted Description Comments

I. WLAN Access Points

A. APs installed at locations specified on design documentation.

B. APs labeled correctly.

C. APs with associated cabling neatly installed.

D. Test accurate labeling by unplugging 1 AP in MDF/IDF and verifying the AP goes off. Use chart below.

E. Successfully connect to 2.4 GHz radio on “AISD-GUEST” network with DHCP. Verify a high throughput connection.

F. Successfully connect to both 2.4 GHz and 5 GHz radios on “education” network with DHCP. Verify high throughput connections.

G. Successfully connect to both 2.4 GHz and 5 GHz radios on “admin” network with DHCP. Verify high throughput connections.

H. Successfully connect to both 2.4 GHz and 5 GHz radios on “mmshare” network with DHCP. Verify high throughput connections.

I. Check connectivity in courtyards, gyms, auditoriums, theaters, and problem areas.

Check AP location, switchport accuracy, labeling, etc.

AP# RM# Drop# Switch Switchport Comments

AUSTIN INDEPENDENT SCHOOL DISTRICT

Austin ISD Contract & Procurement Services

Policy and Instructions

Policy

Procurement of goods and services shall be made by the method that provides the best value for the District. This competitive solicitation is either an Invitation for Bids (IFB) or a Request for Proposals (RFP) advertised under Texas Education Code 44.031 and Austin Independent School District policies:

CAA, Fiscal Management- Financial Ethics CH, Purchasing and Acquisition; CHE, Purchasing and Acquisition- Vendor Relations; CHF, Purchasing and Acquisition- Payment Procedures; CHG, Purchasing and Acquisition- Real Property and Improvements; and CHH, Purchasing and Acquisition- Financing Personal Property Purchases.

Individuals or entities considering whether to submit a bid or proposal are encouraged to review the entirety of these policies before submitting a bid or proposal. All can be accessed on the District’s web site www.austinisd.org in the Quicklinks box under Policy. Selected portions are re-stated here for emphasis. Ethics

“All Trustees, employees, vendors, contractors, consultants, volunteers, and any other parties who are involved in the District’s financial transactions shall act with integrity and diligence in duties involving the District’s fiscal resources.” Policy CAA (Local)

Contacting Board Members “Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between the time a request for proposal or a bid is formally released and a recommendation is made by the administration to the Board. If a vendor violates this prohibition during this time frame, consideration of the vendor for award shall be invalidated. Board members shall be notified of possible violations and actions taken.” Policy CHE (Local)

Opening Bids “Bids may be opened only by the Board at a public meeting or by an officer or employee of the District at or in an office of the District. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price.” Local Gov’t Code 271.026 “The Board shall have the right to reject any and all bids.” Local Gov’t Code 271.027(a)

Bid openings and the receipt of proposals will be held at the offices of:


1111 West 6th Street, Building A, Suite 330 Austin, Texas 78703 Bids and proposals are due no later than 2:00 PM on the date indicated in the IFB or RFP.

http://www.austinisd.org/



“The public and all bidders shall be invited to attend the bid opening. Any bid may be withdrawn prior to the scheduled time for opening. Bids received after the specified time shall not be considered.” Policy CH (Local) “Proposals received after the specified time shall not be considered. Proposals shall be opened at the time specified, and the public and all proposers shall be invited to attend the proposal opening. Proposals may be withdrawn prior to the scheduled time of opening. Changes in the content of a proposal, and in prices, may be negotiated after proposals are opened.” Policy CH (Local)

Factors “In awarding a contract, the District shall consider:

1. Purchase price. 2. The reputation of the vendor and of the vendor’s goods and services. 3. The quality of the vendor’s goods or services. 4. The extent to which the goods or services meet the District’s needs. 5. The vendor’s past relationship with the District. 6. The impact on the ability of the District to comply with laws relating to historically underutilized

businesses. 7. The total long-term cost to the District to acquire the goods or services.

8. For a contract that is not for goods and services related to telecommunications and information

services, building construction and maintenance, or instructional materials, whether the vendor or the vendor’s ultimate parent company or majority owner has its principal place of business in this state or employs at least 500 persons in this state.

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

Education Code 44.031(b)

Recycled Products “The District shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality.” Policy CH (Legal)

Agricultural Products “If the cost and quality are equal, the District shall give preference in purchasing to agricultural products, including textiles and other similar products that are produced, processed, or grown in Texas.” Policy CH (Legal)

Vegetation for Landscaping “If cost is equal and the quality is not inferior, the District shall give preference to Texas vegetation when it purchases vegetation for landscaping purposes.” Policy CH (Legal)



Instructions 1. Read the entire contents of the solicitation and respond with a complete and accurate bid or

proposal (offer). Failure to do so may be grounds for disqualification of your offer. All supplemental information required by the IFB or RFP must be included.

2. A copy of the Standard Services Agreement or Master Purchase Agreement is included for information purposes only. In the event of an award decision under this solicitation, both parties will negotiate an agreement for execution. The District has prepared the referenced agreement boilerplates to expedite the process. Please review all provisions and identify any exceptions or suggested additions to the agreement in your proposal.

3. State the manufacturer, trade and/or brand name and model that the bidder commits to provide

for each item. The use of brand and manufacturer's name in the solicitation is for the purpose of brevity in establishing type and quality of merchandise and is not restrictive. Illustrations and complete product specifications shall be included with the offer if bidding other than specified.

4. Complete the Conflict of Interest Questionnaire (Form CIQ), as prepared by the Texas Ethics Commission, in compliance with Chapter 176 of the Texas Local Government Code submitted on-line at: http://archive.austinisd.org/inside/hb914/ciqform.phtml

5. Bidders may make written inquiries concerning this solicitation to obtain clarification of the requirements. Inquiries shall be submitted no later than the time and date specified on the cover page. Questions received by this deadline and corresponding answers will be included in an Addendum and posted to our website at: http://www.austinisd.org/contractandprocurement/advertised-bids-rfps

Submit inquiries via email to the contact person listed on the cover page. In the subject line of the email, type: “Questions, IFB # or RFP # and Title of IFB or RFP”.

6. Bids must be submitted on this form and must reach the Austin Independent School

District (AISD) Carruth Administration Center (CAC) on or before the hour of opening on

the date specified.

http://archive.austinisd.org/inside/hb914/ciqform.phtml


Required Forms

Bidders shall execute the following forms and return the signed original with their proposal. Bid Certification

Bidder certifies that they have not offered any pecuniary benefit or thing of value to gain advantage or influence a decision in this matter.

Notification of Criminal History of Contractor

A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony

Debarment, Suspension and Ineligibility Certification

Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a federal agency.

W-9

Form W-9 is the IRS form used by Austin ISD to request your taxpayer identification number. You may get a blank Form W-9 to fill out if you or your business is hired to provide goods or services. Filling out a W-9 is straightforward. Just provide your name and Social Security Number, or the name and Employer Identification Number of your business. By submitting a W-9, you are certifying that the tax id number you are providing is correct and accurate. http://www.irs.gov/pub/irs-pdf/fw9.pdf

Central Texas Purchasing Alliance (CTPA) Adoption Clause CTPA is a local purchasing cooperative with member public school districts. If authorized by the vendor or service provider, contracts and supply agreements resulting from this solicitation will be available to member districts. Participation is not mandatory and will not be a factor considered in the evaluation of proposals; however, the form does need to completed and submitted with your proposal.

Interlocal Cooperative Agreement Clause

Similar to the CTPA adoption clause, if authorized by the vendor or service provider, contracts and supply agreements resulting from this solicitation will be available to local government organizations. Participation is not mandatory and will not be a factor considered in the evaluation of proposals; however, the form does need to completed and submitted with your proposal. ____________________________________________________________________________

OPTIONAL FOR SOFTWARE PRODUCTS:

Software Vendor Certification Form

http://www.irs.gov/pub/irs-pdf/fw9.pdf

BID CERTIFICATION

The undersigned Bidder (Contractor), by signing and executing this bid, certifies and represents to the Austin Independent School District that Bidder has not offered, conferred or agreed to confer any pecuniary benefit, as defined by § 1.07(a)(6) of the Texas Penal Code, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this bid; the Bidder also certifies and represents that Bidder has not offered, conferred or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion concerning this bid; the Bidder certifies and represents that Bidder has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the Austin Independent School District concerning this bid on the basis of any consideration not authorized by law; the Bidder also certifies and represents that Bidder has not received any information not available to other bidders so as to give the undersigned a preferential advantage with respect to this bid; the Bidder further certifies and represents that Bidder has not violated any state, federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that Bidder will not in the future, offer, confer, or agree to confer any pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Austin Independent School District in return for the person having exercised the person's official discretion, power or duty with respect to this bid; the Bidder certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Austin Independent School District in connection with information regarding this bid, the submission of this bid, the award of this bid or the performance, delivery or sale pursuant to this bid. FIRM NAME PHONE __________________________________________ EMAIL____________________________ ADDRESS____________________________________________________________________________ CITY________________________________ STATE________________ ZIP ______________________ SIGNED BY TITLE PRINTED NAME DATE

NOTIFICATION OF CRIMINAL HISTORY OF CONTRACTOR

Statutory citation is found in the Texas Education Code §44.034.

Subsection (a): A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b): 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. Subsection (c): This section does not apply to a publicly held corporation. I, the undersigned officer or agent for the contractor named below, certify that the information concerning notification of criminal history of contractor has been reviewed by me and the following information furnished is true and correct to the best of my knowledge. VENDOR’S NAME: AUTHORIZED COMPANY OFFICIAL’S NAME: Check only one of the following:

My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable.

My firm IS NOT owned nor operated by anyone who has been convicted of a felony.

My firm IS owned or operated by the following individual(s) who has/have been

convicted of a felony.

Name of Felon(s): (attach additional sheet if necessary)

Details of Conviction(s): (attach additional sheet if necessary) Signature of Company Official:

DEBARMENT, SUSPENSION AND INELIGIBILITY CERTIFICATION

Statutory citation is found in the U.S. Office of Management and Budget Circular A-102,

2 CFR 11 Part 215, and Federal Acquisition Regulation Subpart 9.4

Federal agencies, state agencies, and local governments, including the Austin Independent School District, shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only. OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments, Section 1 (d), requires that Austin ISD shall not award a contract to a contractor, or consent to a subcontract with a contractor, that is debarred, suspended, proposed for debarment, or otherwise declared ineligible. “Contractor” means any individual or other legal entity that – (1) Directly or indirectly submits offers for or is awarded a Federal Government or Austin ISD contract or a subcontract under a Federal Government or Austin ISD contract; or (2) Conducts business, or reasonably may be expected to conduct business, with the Federal Government or Austin ISD. A contract award with an amount expected to equal or exceed $25,000 and certain other contract awards shall not be made to contractors that are listed on the Federal Government Excluded Parties List. Ref: 2 CFR 11 Part 215 Contractors submitting a bid or proposal in an amount expected to equal or exceed $25,000 shall certify that neither their organization nor principal officers and agents nor subcontractors are debarred, suspended, proposed for debarment, or otherwise declared ineligible by a Federal agency. I, the undersigned officer or agent for the contractor named below, certify that neither this organization nor principal officers and agents nor subcontractors are debarred, suspended, proposed for debarment, or otherwise declared ineligible by a Federal agency.

VENDOR’S NAME: Authorized Officer or Agent: Printed name of company official signing above: Date Signed:

Central Texas Purchasing Alliance (CTPA) Adoption Clause

Statutory citation is found in the Interlocal Cooperation Act, Texas Government Code §791. The Central Texas Purchasing Alliance (CTPA) is an organization formed by interlocal agreements and between independent school districts (members) in Texas for the purpose of engaging the districts to share purchasing opportunities for goods and services. All member contracts, regardless of whether formed as a result of CTPA activity or interaction, shall be directly between the member and the contractor providing goods and services to the member. The CTPA, in and of itself, shall not have the authority to make purchases of goods and services.

A. If authorized by the Vendor, resultant contract(s) may be adopted by the member districts of the CTPA as indicated below. Members may purchase goods and/or services in accordance with contract pricing and purchasing terms established by the Contract Lead District.

B. A list of members that may utilize the Vendor’s contract is listed on the CTPA website, www.txctpa.org/memberlist

C. Any member wishing to utilize such contract(s), will contact the Vendor to verify that the contract is available to them and will place its own order(s) directly with the successful Vendor The Successful Vendor may contact the member districts to inform them about the contract award. There shall be no obligation on the part of any participating district to utilize the contract(s).

D. A negative reply by the Vendor will not adversely affect consideration of the Vendor’s Solicitation response.

E. Each participating district has the option of executing a separate contract with the successful Vendor, which may contain general terms and conditions unique to that contracting district. If, when preparing such contract, the general terms and conditions of a district are unacceptable to the successful Vendor, the successful Vendor may withdraw its extension of their offer to that district.

F. The Contract Lead District shall not be held liable for any costs or damages incurred by another district as a result of any award extended to that district by the Successful Vendor.

BY SIGNATURE BELOW, THE VENDOR HEREBY AUTHORIZES THE MEMBER AS INDICATED BELOW TO ADOPT ANY CONTRACT RESULTING FROM THE VENDOR’S RESPONSE TO THIS SOLICITATION. YES NO YES, with the exception of the following districts:

Vendor Name: Printed Name of Authorized Company Official: Signature of Company Official: Date:

http://www.txctpa.org/memberlist

INTERLOCAL COOPERATIVE AGREEMENT CLAUSE

Pursuant to the Texas Education Code 44.031 (a) (5), the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271 of the Texas Local Government Code, government entities, i.e. state agencies, local governments and school districts, are authorized to enter into cooperative/interlocal agreements to allow the procurement process to be performed by a single entity on behalf of all those electing to participate. Any of the above entities may be granted the privilege of joining the awarded contract at the option of the successful Proposer only. If authorized by the Proposer, the government entities would be eligible, but not obligated, to purchase goods and/or services in accordance with the terms, conditions, specifications, and pricing established under the contract(s) awarded to the Austin Independent School District as a result of this solicitation. In the event the successful Proposer allows another government entity to join the Austin Independent School District contract, it is expressly understood that Austin Independent School District shall in no way be liable for the obligations of the joining government entity. All purchases by a government entity other than Austin Independent School District will be billed directly to that government entity and paid by that government entity. Austin Independent School District will not be responsible for another governmental entity’s debts. Each government entity will order its own material/service as needed. Several government entities around the Austin Independent School District may have an interest in being included in a contract resulting from this solicitation. Should these government entities decide to participate in this contract, would you (the Proposer) agree that all terms, conditions, specifications, and pricing would apply?

Yes No FIRM NAME

AUTHORIZED OFFICER OR AGENT

PRINTED NAME

TITLE

DATE SIGNED: _______________________________________________________________

Austin ISD Contract & Procurement Services Page 1 of 2

Austin Independent School District

Strategic Partner Profile

Business Information

Legal Business Name:

Tax ID Number:

Other Names the Business Uses (DBA, Subsidiaries):

County where you are registered:

What is your commodity

How does your business support public education:

Legal Status to do Business in Texas

Ownership:

Registered with the State Comptroller of Public Accounts:

Registered with the Secretary of State:

Historically Underutilized Business (HUB) Status (if applicable, attach certification)

Certification with whom:

Disadvantaged Business Enterprise (DBE) Certification:

Minority Owned:

Woman Owned:

Physical and Mailing Addresses

Corporate Headquarters:

Austin ISD Contract & Procurement Services Page 2 of 2

Offices Located in Texas:

Address to send IFB (Invitation for Bid) and RFP (Request for Proposal)

Address to Mail PO’s

Contact Information

Sales Contact Name

Sales Contact Phone Number

Sales Office Email

Headquarters Phone Number

Email Address to send PO’s to

Fax Number to send PO’s to

Website

Miscellaneous

DUNS Number

Do you accept American Express P-Card (credit card) ___

Cooperative Purchasing Alliances and State Contracts (include commencement and expiration dates of contract)

Page 1 of 9 MPA Revision # 4 , April 1, 2014

Solicitation #: Solicitation Name:

Master Purchase Agreement

between Austin Independent School District

and

This AGREEMENT is entered into on the day all parties fully execute this agreement by and between herein called “Contractor” and the Austin Independent School District, herein called “District.” The parties hereto agree as follows: GENERAL PROVISIONS:

1. GOODS AND SERVICES: The Contractor agrees to provide goods and related services as described in “Statement of Work”, Exhibit A which summarizes the scope of work to be completed in a prompt, timely and professional manner. Quantities shown are the District’s best estimate of its requirements for the agreement term, but should not be construed as guaranteeing a minimum purchase quantity or establishing a ceiling. The Contractor agrees services will not begin and payments will not be made by the District until the agreement is fully executed. Per District policy, contracted services provided by District employees or their immediate family members are prohibited without prior approval from the Superintendent or designee.

2. TERM OF AGREEMENT: The term of this agreement

shall start upon full execution and ends on Date(s) of service include:

3. RENEWAL OPTIONS: Provided that the agreement is still in effect, the District shall have the option to renew the term of agreement for ( ) additional one-year periods commencing at the expiration of the term as defined in Provision 2 and upon the same terms and provisions set forth herein. Renewal options shall be made by amendment to this agreement, in writing and signed by authorized representatives of the Contractor and District.

4. COMPENSATION: The District agrees to compensate the Contractor for services related to the performance of this agreement based upon work actually performed not to exceed the total amount of $ . The basis of compensation and/or payment schedule will be detailed in the “Basis of Compensation” Exhibit B. There is no minimum guarantee of service and thus there is no minimum guarantee of payment to any singular company. The Contractor shall not receive reimbursement for travel, meals and lodging related to services rendered in

fulfilling the obligation of this agreement unless expressly authorized by the District.

5. ENTIRE AGREEMENT; AMENDMENT: This agreement constitutes the entire agreement of

the parties hereto and it may not be altered or amended except in writing and signed by authorized representatives of the Contractor and District.

6. FORCE MAJEURE: Neither party shall be liable for

any delay or failure in performance due to acts of nature, terrorism, labor disputes, riots, war, fire, epidemics, disruption of utility services or other similar occurrences that are beyond its reasonable control (“Force Majeure”). However, in order to avail itself of such excuse, the party must act diligently to remedy the cause of and to mitigate the impact of the delay or failure.

7. DISPUTE RESOLUTION: In the event of any dispute,

claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

8. ASSIGNMENT OR DELEGATION: Contractor

retains the right to assign or delegate these duties to another individual within his or her employ, but such assignment may only occur after first receiving advance written approval from the District.

9. TERMINATION OF AGREEMENT: Contractor shall

have completed all work covered by this agreement and this agreement shall terminate unless extended by written mutual agreement of the District and the Contractor at the time final service is completed. The District may terminate the agreement for any reason if

SAMPLE


the Contractor fails to fulfill the obligations in a timely and proper manner. The District may terminate the agreement by giving written notice of such termination and the effective date of the termination. In the event of termination prior to completion of the agreement, the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed to the date of termination. The District may also terminate this agreement at any time without cause by the furnishing of a thirty (30) day written notice from an authorized District representative to the Contractor, but the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed to the total services of this agreement, less any compensation previously paid.

10. INVOICES: The Contractor shall submit separate invoices on each purchase order after each delivery. Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: AISD, ATTN: Accounts Payable, 1111 West 6th Ste. A370, Austin, Texas 78703-5300. Payment shall not be due until the above instruments are submitted after delivery and made as per the District’s Comptrollers Payment schedule.

The District’s obligation is payable only and solely from funds available for the purpose of the purchase. Any purchase order resulting from this solicitation is contingent upon the continued availability of appropriations and is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the AISD Board of Trustees or otherwise not made available to the District. Lack of funds shall render this agreement null and void to the extent funds are not available and any delivered but unpaid for the District will return goods to Contractor.

11. TAXES: Do not include federal excise, state or city sales tax. The District shall furnish tax exemption certificate, if required.

12. HOLD HARMLESS AND INSURANCE

REQUIREMENTS: It is agreed that the Contractor is an Independent and shall be solely responsible for payment of employees and shall provide, if required, workers' compensation and public liability insurance to protect the Contractor from liability for injuries or damages to employees and shall further be solely responsible for the withholding and/or payment of any taxes or contributions imposed by any federal, state or local governmental entity by the reason of employment. The Contractor agrees to hold the District harmless from any and all liability that the District may incur, including without limitation, damages of every kind and nature, out-of-pocket costs and legal expenses,

incurred by reason of the Contractor’s negligence or breach of this agreement.

13. GOVERNING LAW, VENUE: The Texas Uniform

Commercial Code shall govern this agreement. Wherever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the state of Texas as effective and in force on the date of this agreement and both parties agree that venue for any litigation arising from this agreement shall lie in Austin, Travis County, Texas. Contractor agrees to abide by all local ordinances, state and federal laws in the provision of its services, activities or programs to the District, including but not limited to, the Americans with Disabilities Act, 42 USC §12111, et seq., 29 CFR §1630, et seq.; Section 504 of the 1973 Rehabilitation Act, 34 CFR §104.1, et seq.; the Family Educational Rights and Privacy Act, 20 USC §1232g, et. seq., 34 CFR §99.1, et seq.; Title IX of the Education Amendments of 1972, 20 USC §1681 et seq., 34 CFR §106.1 et seq. and any applicable federal, state, local and private grant requirements.

14. WAIVER: No claim or right arising out of a breach of this agreement can be discharged in whole or in 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.

15. CONTRACTOR TO PACKAGE GOODS: The

Contractor will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (i) the Contractor’s name and address; (ii) the consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (iii) the container number and total number of containers, e.g. box 1 of 4 boxes; and (iv) the number of the container bearing the packing slip. The Contractor shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. The District’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

16. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.

17. TITLE, RISK OF LOSS and RIGHT OF INSPECTION: The title and risk of loss of the goods shall not pass to the District until the District actually receives, accepts and takes possession of the goods. The District shall

SAMPLE


have the right to inspect the goods at delivery before accepting them.

18. DELIVERY TERMS AND TRANSPORTATION CHARGES: F. O. B. destination freight prepaid for inside delivery unless terms are specified otherwise in solicitation. The District shall have the right to designate what method of transportation shall be used to ship the goods.

19. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be effected by modification as provided for in Provision 33, “Modifications,” hereof. The terms of this agreement are no arrival, no sale.

20. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this agreement as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Contractor may reasonably notify the District of his intention to cure and may then make a conforming tender within the agreement time but not afterward.

21. RIGHT TO ADDITIONAL COMPETITION: District occasionally purchases very large quantities of specific items and expressly reserves the right to purchase these and other similar items via other competitive methods if deemed in the best interest of District.

22. GRATUITIES: The District may, by written notice to the Contractor, cancel this agreement without liability to the Contractor if it is determined by the District that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employee of the District with a view toward securing a agreement or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a agreement. In the event the District cancels this agreement pursuant to this provision, the District shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities.

23. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the District and to the extent feasible shall be identified by

the Contractor as such and will be returned immediately to the District upon request.

24. COPYRIGHTS AND PATENTS: In the event the Contractor develops materials or products resulting in a copyright or patent while in the performance of this agreement, the rights from those materials will accrue to the District.

25. WARRANTY PRICE: The price to be paid by the District shall be that contained in Contractor’s bid which Contractor warrants to be no higher than the Contractor’s current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. The method of payment used by the District shall have no bearing on the purchase price. In the event the Contractor breaches this warranty, the prices of the items shall be reduced to the Contractor’s current prices on orders by others, or in the alternative, the District may cancel this agreement without liability to the Contractor for breach or the Contractor’s actual expense.

The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for commission, percentage, brokerage, or contingent COMPENSATION excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the District shall have the right in addition to any other right or rights to cancel this agreement without liability and to deduct from the agreement price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent compensation.

26. WARRANTY PRODUCT: The Contractor shall not limit or exclude any implied warranties and any attempt to do so shall render this agreement voidable at the option of the District. The Contractor warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the solicitation and/or product description and to the sample(s) furnished by the Contractor, if any. In the event of a conflict between the specifications, drawings and descriptions, the specifications shall govern.

27. SAFETY WARRANTY: The Contractor warrants that the product sold to the District shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970. In the event the product does not conform to OSHA standards, the District may return the product for correction or replacement at the Contractor’s expense. In the event the Contractor fails to make the appropriate correction within a reasonable

SAMPLE


time, correction made by the District will be at the Contractor’s expense. Additionally, no asbestos in any form may be used in manufacture or processing of any product purchased by the District. If any product called for by name in this specification should contain any asbestos material, the Contractor must notify the purchasing agent immediately for the name of a suitable substitute asbestos –free product.

28. HAZARDOUS MATERIALS: If services require or items include hazardous materials, as defined by relevant local, state and federal law, Contractor represents and warrants that Contractor understands the nature of the hazards associated with the use, handling and transportation of such hazardous materials, as applicable to Contractor. Prior to bringing hazardous materials on District’s property, Contractor shall review the use of the hazardous materials and obtain approval from the District Site/Environmental/Health/Safety organization. Contractor will be fully responsible for any liability resulting from Contractor’s actions in connection with the use of such hazardous materials in providing services to District. Contractor will supply District with material safety data sheets and any other documentation reasonably necessary to enable District to comply with applicable laws and regulations.

29. NO WARRANTY BY DISTRICT AGAINST INFRINGEMENTS: As part of this purchase agreement the Contractor agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. The District makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall the District be liable to the Contractor for indemnification in the event that the Contractor issues a claim on the grounds of infringement or the like. If the Contractor is of the opinion that an infringement or the like will result, he will notify the District in writing within two weeks after the signing of this agreement or at point of discovery. If the District does not receive notice and is subsequently held liable for the infringement or the like, the Contractor will hold the District harmless. If the Contractor in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this agreement shall be null and void except that the District will pay the Contractor the reasonable cost of his search as to infringements.

30. CONFIDENTIALITY: All data in District’s facilities and on AISD’s equipment, including all data relating to District’s employees, administrators, teachers and students, is the sole and exclusive property of the District. Contractor acknowledges that it is familiar with the obligations of the District and its agents, including Contractor, under The Health Insurance Portability and

Accountability Act of 1996 (“HIPAA”), and under related applicable federal and state privacy laws, rules and requirements regarding the protection and security of non-public personal, medical and financial information, and that Contractor is familiar with the Federal Educational and Privacy Rights Act, 28 USC 1232(g) (“FERPA”) which requires that certain information, including, without limitation, education records of students and any personally identifiable information contained therein (other than directory information) be held strictly confidential. During and after the term of this agreement, Contractor shall not directly or indirectly use or disclose any such information unless such use or disclosure is: (i) to an employee of District who has a need to know the information and is under a duty of confidentiality; (ii) authorized in writing by District’s Legal Counsel; or (iii) required by any order of a court or administrative agency. Upon the termination of this agreement for any reason, Contractor shall promptly (i) return all property, records, files, documents, materials and copies relating to District which came into the possession of Contractor during the term of this agreement, (ii) destroy all such information stored on computers or disk storage not belonging to District, and (iii) within five days of District’s written request, provide District with a sworn affidavit verifying that all such materials have been returned to District or destroyed.

31. CANCELLATION: The District shall have the right to cancel for default all or any part of the undelivered portion of this order if the Contractor breaches any of the terms hereof including warranties of the Contractor or if the Contractor becomes in-solvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies that the District may have in law or equity.

32. TERMINATION: The District reserves the right to terminate all or any part of the undelivered portion of any order resulting from this bid solicitation or performance of work under this order in whole or in part in accordance with this provision. Termination of work hereunder shall be affected by the delivery to the Contractor with a thirty (30) day written notice of termination specifying the extent to which performance of work under the order is terminated and the date upon which such termination takes effect.

33. MODIFICATIONS: This agreement can be modified or rescinded only by in writing and signed by both of the parties or their duly authorized representative.

34. INTERPRETATION OF PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to

SAMPLE


supplement or explain any term used in this agreement. Acceptance or 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 Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.

35. ADVERTISING: The Contractor shall not advertise or publish, without the District’s prior consent, the fact that the District has entered into this agreement, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government. Neither party may use the other’s name or other distinguishable iconography in advertisements without the other’s prior written consent.

36. RIGHT TO ASSURANCE: Whenever one party to this agreement in good faith has reason to question the other party’s intent to perform, he/she may demand that the other party give written assurance of their 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 this agreement.

37. PROHIBITION AGAINST PERSONAL INTEREST IN AGREEMENTS: Any District Board Member who has any substantial interest, either direct or indirect, in any business entity seeking an agreement with the District, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect on the public. However, if a majority of the governing body are also required to file, and do file similar affidavits, then the member is not required to abstain from further participation.

38. RETENTION OF RECORDS: The Contractor shall retain any books, documents, papers, and records that are directly pertinent to the agreement. The Contractor shall make the said materials available for audit, examination, excerpt, and transcription to the District, sub-grantee or grantee of funds, or their authorized representatives, for a period of seven (7) years following termination of agreement.

39. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor and it’s agents, partners, employees, and consultants (collectively “Indemnitors” ) shall and do agree to indemnify, protect, defend with counsel approved by the District, and hold harmless the District and its affiliated enterprises,

representatives of the District and their respective officers, directors, members of the Board, partners, employees and agents (collectively “Indemnitees”) from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney compensations, of any nature, land, or description (collectively “Liabilities”) of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by Contractor pursuant to this agreement, or any part thereof, which are caused in whole or part by any negligent act or omission of the Contractor or, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by negligence or omission of any Indemnities, so long as it is not caused by the sole negligence or willful misconduct of any Indemnitees. In the event more than one of the Indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such indemnitors shall be jointly and severally responsible to the Indemnitees for the indemnification and the ultimate responsibility among such Indemnitors for the loss and expense of any such Indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any Indemnitees. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which the District or any of the Indemnities has by law. Contractor shall protect and indemnify the District from any and all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent, or copyright, arising by or out of any of the services or goods provided hereunder by the Contractor or by the District at the direction of Contractor of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, the District shall promptly notify the Contractor and Contractor shall be given full opportunity to negotiate a settlement. Contractor does not warrant against infringement by reason of the District’s design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, the District agrees to cooperate reasonably with Contractor and parties shall be entitled, in connection with such litigation, to be represented by counsel at their own expense. The indemnitees contained herein shall survive the termination of any agreement or purchase order that for any reason becomes effective. Such right of termination is in addition to and not in lieu of rights of the District set forth in Provision 32, herein.

SAMPLE


40. SPECIAL PROVISIONS: Please note that changes or additions to the provisions will be made only upon approval of the District’s Legal Counsel.

Approved by Legal Counsel:

Signature Date (Will not proceed without District L

al Counsel approval)

41. NOTICES: Any notices required or permitted by this agreement shall be in writing and delivered to the parties as set forth :

DISTRICT INFORMATION

CONTRACTOR INFORMATION

Contact name: Contact name: Title:

Title:

Department:

Department:

Mailing Address:

Mailing Address:

City, State, Zip:

City, State, Zip:

Contact Number:

Contact Number:

Email Address:

Email Address:

SAMPLE


42. SIGNATORY AUTHORITY: Each individual signing this agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this agreement. The signing of this document represents and warrants the execution and delivery of the agreement and the performance of obligations that have been duly authorized. This agreement is valid, legal, binding and enforceable in accordance with its provisions.

By signing this agreement, the Contractor and District agree to be legally bound by its terms and conditions. IN WITNESS WHEREOF, the parties have executed this agreement by the authorized representatives below: AUSTIN INDEPENDENT SCHOOL DISTRICT:

CONTRACTOR :

Name Name

Title Title

Signature Date Signature Date

SAMPLE


EXHIBIT A

STATEMENT OF WORK

OWNERSHIP OF WORK: Contractor recognizes that the District will have perpetual, non-exclusive, non-transferrable license to use any work product or deliverables developed by the Contractor in the performance of the services and delivered to the District, upon the District’s payment in full of all amounts due hereunder. The Contractor retains ownership of all information, software and other property owned by it prior to this agreement or which it develops independently of this agreement and all work products compiled or developed by the Contractor in the performance of this agreement. CONFIDENTIALITY: The Contractor shall maintain strict confidentiality of all information, dates or records relating to students of the District and shall not disclose information except as required to the implementation of services in accordance with the terms of this agreement, or as may be required by law. INCORPORATION BY REFERENCE: All Invitation for Bids (IFB), Bids, Request for Proposals (RFP), Proposals, Request for Quotes (RFQ), and Quotes associated with this agreement hereunder shall be incorporated by reference. INSTRUCTIONS: Statement of Work will include a detailed description of required services that will be performed by the Contractor including actual tasks, deliverables, direct methodologies to be used, qualitative and quantitative designs, performance requirements and timelines (start and end dates) according to specifications and expectations of the agreement: Description of service: Type in service being rendered, attach quote or a detailed statement of work from Contractor.

Special Instructions to the District (what the District will provide i.e. Space, equipment, materials & supplies).

SAMPLE


EXHIBIT B

BASIS OF COMPENSATION

INSTRUCTIONS:

Note: $25,000 and above requires the completion of the Debarment, Suspension and Ineligibility Certification form in Exhibit F. You may attach a COMPENSATION SCHEDULE/QUOTE or complete the pricing information below:

Payment will be made according to the District Comptroller’s published Accounts Payable schedule. * Record additional descriptive information here (i.e., Training materials) **RELATED TRAVEL INFORMATION-

$ Per Hour x Hours = $ $ Per Day x Days = $ $ Per Participant x Participants = $ $ Per Month x Months = $ $ Materials* x = $ $ Other** x = $

Agreement Total

$

If unscheduled travel is required (cost not included in total compensation) by the Contractor due to additional consultation of services requested by the District, the District will reimburse the Contractor and assigned staff travel expenses as per requirements below: · District will only reimburse for transportation, meals and lodging expenses.(Reimbursement will not include gratuity, alcoholic beverages and entertainment expenses); ·Travel expenses must have actually been incurred during the performance period of the Agreement ·Costs must be identifiable, supported by evidence of original receipts or other authorized payment documents; and ·Travel has to be undertaken by the most appropriate means of transport, the most direct practicable route and the least costly fare structure (economy class if air fare). Expenses for meals and lodging shall be paid within the requirements of the U.S. General Services Administration (GSA). Costs shall not exceed the allowable GSA travel rates identified by area and time period that can be located at www.gsa.gov.

Compensation Rate of Compensation

# of units QTY Subtotal

Example: $ 25.00 Per Hour x Hours 4 = $ 100.00

SAMPLE

Documents

Request for Proposals (RFP) P17-034 Wireless Network Upgrade