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7145 West Tidwell Road Houston, Texas 77092(713) 744-6835www.esc4.netPublication Date: October 30, 2014NOTICE TO OFFERORSUBMITTAL DEADLINE: Wednesday, December 10, 2014 @ 2:00 PM CSTQuestions regarding this solicitation must be submitted in writing to RobertZingelmann at [email protected] or (713)-744-6835 no later than December 3, 2014.All questions and answers will be posted to both www.esc4.net and www.tcpn.orgunder Solicitations. Offerors are responsible for viewing either website to review allquestions and answers prior to submitting proposals. Please note that oralcommunications concerning this RFP shall not be binding and shall in no way excusethe responsive Offeror of the obligations set forth in this proposal.Request for Proposal (RFP)byRegion 4 Education Service Center (“ESC”)ForDisaster Restoration of Operations ServicesOn behalf of itself, other government agencies and non-profits, madeavailable through The Cooperative Purchasing Network “TCPN.”Solicitation Number 14-25Note: Envelopes must be sealed, prominently marked with the RFP solicitation number,RFP title, RFP opening time/date and name of vendor. Electronic submissions of theRFP will not be accepted. Submissions must be received by the Region 4 ESC office at:7145 West Tidwell Road, Houston, TX 77092 no later than 2:00 pm CST, at which timeand place they will be opened publicly and recorded.1 of 159

ATTENTION OFFERORS:Submission of a proposal confers NO RIGHT on aOfferor to an award or to a subsequent contract. Region4 ESC, in its sole discretion and for any reason or noreason, reserves the rights to reject any or allproposals, accept only a part of any proposal, acceptthe proposal deemed most advantageous to Region 4ESC, and waive any technicalities. The issuance of thisRFP does not obligate Region 4 ESC to make an awardor negotiate or execute a contract. Region 4 ESCreserves the right to amend the terms and provisions ofthe RFP, negotiate with a proposer, add, delete, ormodify the contract and/or the terms of any proposalsubmitted, extend the deadline for submission ofproposals, ask for best and final offers, or withdraw theRFP entirely for any reason solely at Region 4 ESC’sdiscretion. An individual proposal may be rejected if itfails to meet any requirement of this RFP. Region 4 ESCmay seek clarification from a proposer at any time, andfailure to respond within a reasonable time frame iscause for rejection of a proposal.2 of 159

Please be advised that all information and documentssubmitted will be subject to the Public Information Actrequirements governed by the State of Texas.Because contracts are awarded by a governmental entity, allresponses submitted are subject to release as public informationafter contracts are executed. If an Offeror believes that itsresponse, or parts of its response, may be exempted fromdisclosure, the Offeror must specify page-by-page and line-by-linethe parts of the response, which it believes, are exempt. Inaddition, the Offeror must specify which exception(s) areapplicable and provide detailed reasons to substantiate theexception(s). Offeror must provide this information on the“Acknowledgement and Acceptance to Region 4 ESC’s OpenRecord Policy” form found on the next page of this solicitation. Anyinformation that is unmarked will be considered public informationand released, if requested under the Public Information Act.The determination of whether information is confidential and notsubject to disclosure is the duty of the Office of Attorney General(OAG). Region 4 Education Service Center (“ESC”) must providethe OAG sufficient information to render an opinion and therefore,vague and general claims to confidentiality by the Offeror are notacceptable. Region 4 ESC must comply with the opinions of theOAG. Region 4 ESC assumes no responsibility for asserting legalarguments on behalf of any Offeror. Offerors are advised toconsult with their legal counsel concerning disclosure issuesresulting from this procurement process and to take precautions tosafeguard trade secrets and other proprietary information.After completion of award, these documents will be available forpublic inspection.3 of 159

ACKNOWLEDGMENT AND ACCEPTANCEOF REGION 4 ESC’s OPEN RECORDS POLICYSignature below certifies complete acceptance of Region 4 ESC’s Open RecordsPolicy, except as noted below (additional pages may be attached, if necessary).Check one of the following responses to the Acknowledgment and Acceptanceof Region 4 ESC’s Open Records Policy below: We acknowledge Region 4 ESC’s Open Records Policy and declare that noinformation submitted with this proposal, or any part of our proposal, is exemptfrom disclosure under the Public Information Act.(Note: All information believed to be a trade secret or proprietary must be listedbelow. It is further understood that failure to identify such information, in strictaccordance with the instructions below, will result in that information beingconsidered public information and released, if requested under the PublicInformation Act.) We declare the following information to be a trade secret or proprietary andexempt from disclosure under the Public Information Act.(Note: Offeror must specify page-by-page and line-by-line the parts of theresponse, which it believes, are exempt. In addition, Offeror must specify whichexception(s) are applicable and provide detailed reasons to substantiate theexception(s).DateAuthorized Signature & Title4 of 159

TABLE OF CONTENTSA.Introduction .p. 6B.Scope . p. 7C.Definitions .p. 7D.General Terms and Instructions to Offerors p. 8 Evaluation Criteria p. 13E.Appendix A: Vendor Contract Form . p.16 Signature Page p. 26F.Appendix B: Product/Services Specifications . p. 27G.Appendix C: Pricing . p. 29H.Appendix D: General Terms & Conditions Acceptance Form .p. 30 Facility Solutions Documents Vendor OrientationI.Appendix E: Vendor Questionnaire . p. 35J.Appendix F: Company Profile p. 39K.Appendix G: Value Add . p. 42L.Appendix H: Additional Required Documents .p. 43 Special Terms & ConditionsSpecificationsReferences Clean Air and Water ActDebarment NoticeLobbying CertificationVendor/Contractor Requirements Antitrust Certification StatementSpecific State Requirements1. Contractor’s Employment Eligibility2. Fingerprint & Background Checks3. Business Operations in Sudan, IranM.Appendix I: Evaluation Questionnaire/Self-Checklist . .p. 61N.Appendix J: State Notice . .p. 635 of 159

A. INTRODUCTIONI.Background on Region 4 Education Service CenterRegion 4 Education Service Center (“Region 4 ESC” herein “Lead Public Agency”) on behalf ofitself and all state, local governments, school districts, and higher education institutions in theUnited States of America, and other government agencies and non-profit organizations (herein“Participating Agencies”) solicits proposals from qualified offerors to enter into a Vendor Contract(“contract”) for the goods or services solicited in this proposal.Contracts are approved and awarded by a single governmental entity, Region 4 ESC, and areonly available for use and benefit of all entities complying with state procurement laws andregulations (public and private schools, colleges and universities, cities, counties, non-profits,and all governmental entities).Region 4 ESC’s purchasing cooperative was established in 1997 as a means to increase theireconomic and operational efficiency. The purchasing cooperative has since evolved into aNational Cooperative used to assist other government and public entities increase theireconomical and operational efficiency when procuring goods and services.II.What is the role of The Cooperative Purchasing Network (“TCPN”)The Cooperative Purchasing Network (“TCPN”) assists Region 4 ESC in helping other publicagencies and non-profits reap the benefits of national leveraged pricing, with no cost to themember. TCPN leverages one of the largest pools of purchasing potential. This is accomplishedby competitively soliciting proposals and awarding contracts for commonly purchased productsand services. Through the TCPN solicitation process, Region 4 ESC awards contracts coveringFacilities, Furniture, Office Supplies & Equipment, Security Systems, and Technology and othergoods and services industries.III.Purpose of TCPN IV.Provide governmental and public entities opportunities for greater efficiency and economy inprocuring goods and services.Take advantage of state-of-the-art purchasing procedures to ensure the most competitivecontracts.Provide competitive price and bulk purchasing for multiple government or public entities thatyields economic benefits unobtainable by the individual entity.Provide quick and efficient delivery of goods and services.Equalize purchasing power for smaller agencies that are unable to command the bestcontracts for themselves.Help in assisting with use of best business practices.Customer Service TCPN is dedicated to making our contracts successful for both our members and ourawarded vendors.TCPN is committed to providing our members and awarded vendors with high qualityservice.TCPN has dedicated staff available to answer questions, offer guidance and help in any waypossible.6 of 159

B. SCOPEIt is the intention of Region 4 ESC to establish a contract with vendor(s) for DisasterRestoration of Operations Services. Awarded vendor(s) shall perform covered services underthe terms of this agreement. Offerors shall provide pricing based on a discount from a standardprice list, or fixed price, or a combination of both with indefinite quantities. It is expected that thesuccessful awarded vendor(s) shall provide written verification (via email, fax or otherdocumentation) of standard pricing to TCPN designated program manager prior to quoting aprice to a government agency. Additional pricing and/or discounts may be included. If Offeror hasexisting cooperative contracts in place, Offeror is requested to submit pricing equal or better thanthose in place.Although it is desirable that respondents provide a national presence, this RFP is intended toprovide agencies with vendors who are able to respond on a local level whether through officesor through qualified subcontractors or affiliates. A “Master” contract is the unique form of acooperative contract that allows a given facility contract discipline, historically available only bylocal or regional contractors, access as a national purchasing arrangement.Each service proposed is to be priced separately with all ineligible items identified. Services maybe awarded to multiple vendors. Offerors may elect to limit their proposals to a single servicewithin any category, or multiple services within any or all categories.The original relationship between Region 4 ESC and TCPN existed to solicit proposals andaward contracts solely for commonly purchased products. However the partnership hassuccessfully expanded to include services that offer value to the membership. Please note thatany terminology that references products throughout the document applies to both products andservices and that terminology specific to products alone is not applicable in this instance.Respondents should include their own Standard Terms and Conditions in their response.Region 4 ESC is seeking vendor(s) that have the depth, breadth and quality of resourcesnecessary to complete all phases of this contract. In addition, TCPN also requests any value addcommodity or service that could be provided under this contract.While this solicitation specifically covers Disaster Restoration of Operations Services,respondents are encouraged to submit an offering on any and all products or services availablethat they currently perform in their normal course of business.Per Section D – General Terms and Instructions to Offerors, Item VIII – Calendar of Events,respondents are encouraged to attend a conference call on Wednesday, November 12, 2014 at10:00 AM CST. The purpose of the call will be to explain the relationship between Region 4 ESCand TCPN and educate respondents on the various marketing and training services thatawarded vendors will receive in exchange for their participation in the program as per the vendororientation under Appendix D. Call in conference number is 1-888-783-9142 room 1005Region 4 ESC reserves the right to solicit additional vendors through future RFPs as needed toserve agencies that may be underserved by the breadth of response from this RFP.C. KEY DEFINITIONSDays: means calendar daysLead agency: means the government entity advertising, soliciting, evaluating and awarding thecontract. This definition also includes a public agency that meets the definition of a politicalsubdivision, including a county, city, school district, state, public higher education or special district.7 of 159

Procurement: means buying, purchasing, renting, leasing or otherwise acquiring any materials,services or construction. Procurement also includes all functions that pertain to the obtaining ofany material, service, or construction, including description of requirements, selection andsolicitation of sources, preparation and award of contract and all phases of contractadministration.Responsive Offeror: means a person, company, firm, corporation, partnership or otherorganization who submits a proposal which conforms in all material respects to the invitation forbids or request for proposals.Solicitation: means an invitation for bids, a request for technical offers, a request for proposals,a request for quotations or any other invitation or request by which we invite a person toparticipate in a procurement.Specifications: means any description of physical or functional characteristics, or of the natureof a material, service or construction of item. Specifications may include a description or anyrequirement for inspecting, testing or preparing a material, service or construction item fordelivery.Vendor: means any provider or seller of goods and/or services that has a contractualrelationship with Region 4 or TCPN.D. General Terms and Instructions to OfferorsI.Submission of Response: Unless otherwise specified in the solicitation, all submitted proposalsmust contain one (1) bound and signed original copy of the solicitation, and two (2) electroniccopies on CD, DVD or flash drives (i.e. pin or jump drives) shall be provided. Please see formatrequirements below. Vendor must also submit one (1) electronic proposal free of proprietyinformation to be posted on Vendor information page if awarded a contract.Only sealed responses will be accepted. Faxed or electronically transmitted responses will notbe accepted. Sealed responses may be submitted on any or all items, unless stated otherwise.Proposal may be rejected for failure to comply with the requirements set forth in this proposal.Deviations from any terms, conditions and/or specifications must be conspicuously noted inwriting by the Offeror and shall be included with the response. (See Appendix D).II.Proposal Format: Responses must be provided in a three-ring binder or report cover using 8.5 x11 paper clearly identified with the name of the Offeror’s company and the solicitation name andnumber on both the outside front cover and vertical spine. All forms are to be completedelectronically.Include a copy of the entire RFP document that you are responding to, prior to your tabulatedresponse. This means that all pages prior to the Appendixes must be included before Tab 1.Tabs should be used to separate the proposal into sections. The following items identified mustbe included behind the tabs listed below. Offerors failing to organize in the manner listed may beconsidered non-responsive and may not be evaluated.III.Binder Tabs:Tab 1 – Entire Vendor Contract and Signature Form– General Terms and Conditions Acceptance Form (Appendix D)Tab 2 – Questionnaire (Appendix E)Tab 3 – Company Profile (Appendix F, excluding References section)8 of 159

Tab 4 – Evaluation Criteria Questionnaire (Appendix I)Tab 5 – Product / Services (Appendix B)Tab 6 – References (Appendix F)Tab 7 – Pricing (Appendix C)Tab 8 – Value Add (Appendix G)Tab 9 – Required Documents– Additional Required Documents (Appendix H)– Acknowledgement & Acceptance of Region 4 ESC Open Records Policy (Page 4).IV.Mailing of Proposals: All bids and proposals submitted in response to the solicitation must beclearly identified as listed below with the solicitation number, title, name and address of thecompany responding. All packages must be clearly identified as listed below, sealed anddelivered to the Region 4 ESC office no later than the submittal deadline assigned for thissolicitation.FromCompanyAddressCity, State, ZipSolicitation Name and Number Due Date and TimeV.Time for Receiving Proposals: Proposals received prior to the submittal deadline will be keptsecure and unopened. No proposals received after the submittal time and deadline will beconsidered. Late proposals will be returned to sender unopened.VI.Inquiries and/or Discrepancies: Questions regarding this solicitation must be submitted inwriting to Robert Zingelmann at [email protected] or (713) 744-6835 no later than December3, 2014. All questions and answers will be posted to both www.esc4.net and www.tcpn.orgunder Solicitations. Offerors are responsible for viewing either website to review all questionsand answers prior to submitting proposals. Please note that oral communications concerning thisRFP shall not be binding and shall in no way excuse the responsive Offeror of the obligations setforth in this proposal.VII. Restricted and Prohibited Communications with Region 4 ESC: During the period between thedate Region 4 ESC issues this RFP and the selection of the vendor who is awarded a contract by Region4 ESC, if any, Offerors shall restrict all contact with Region 4 ESC and direct all questions regarding thisRFP, including questions regarding terms and conditions, only to the individual identified above in Section“Inquiries and/or Discrepancies” in the specified manner. Do not contact members of the Board ofDirectors, other employees of Region 4 ESC or any of Region 4 ESC’s agents oradministrators. Contact with any of these prohibited individuals after issuance of thisRFP and before selection is made, may result in disqualification of the Offeror.The communications prohibition shall terminate when the contract is recommended by theadministration, considered by the Board of Directors at a noticed public meeting, and a contracthas been awarded. In the event the Board of Directors refers the recommendation back to stafffor reconsideration, the communications prohibition shall be re-imposed. Additionally, during thetime period between the award by the Board of Directors and the execution of the contract,Offerors shall not engage in any prohibited communications as described in this section.Prohibited communications includes direct contact, discussion, or promotion of any Offeror’sresponse with any member of Region 4 ESC’s Board of Directors or employees except forcommunications with Region 4 ESC’s designated representative as set forth in this RFP and onlyin the course of inquiries, briefings, interviews, or presentations. This prohibition is intended tocreate a level playing field for all potential Offerors, assure that decisions are made in public, andto protect the integrity of the RFP process. Except as provided in the above stated exceptions,9 of 159

the following communications regarding a particular invitation for bids, requests for proposal,requests for qualifications, or other solicitation are prohibited: Communications between a potential vendor, service provider, bidder, offeror, lobbyist orconsultant and any member of Region 4 ESC’s Board of Directors; Communications between any director and any member of a selection or evaluationcommittee; and Communications between any director and administrator or employee.The communications prohibition shall not apply to the following: Communications with Region 4 ESC’s purchasing agent specifically named andauthorized to conduct and receive such communications under this RFP or upon therequest of Region 4 ESC, with Region 4 ESC’s legal counsel; and Presentations made to the Board of Directors during any duly noticed public meeting.Nothing contained herein shall prohibit any person or entity from publicly addressing Region 4ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicableBoard policies, on a matter other than this RFP or in connection with a presentation requested byRegion 4 ESC’s representatives.VIII.Calendar of Events (subject to change):EventIssue RFPPre-proposal ConferenceDeadline for receipt of questions via emailIssue Addendum/a (if required)Proposal Due DateApproval from Region 4 ESCContract Effective DateDate:October 30, 2014November 12, 2014December 3, 2014To Be DeterminedDecember 10, 2014February 24, 2015April 1, 2015CONDITIONS OF SUBMITTING PROPOSALSIX.Amendment of Proposal: A proposal may be amended up to the time of opening by submittinga sealed letter to the location indicated on the front page of this solicitation.X.Withdrawal of Proposals: Withdrawal of proposals prior to the opening date will be permitted.Withdrawal of response will not be allowed for a period of 120 days following the opening. Pricingwill remain firm for 120 days from submittal. However, consideration may be given in caseswhere Offeror advises that it made a clerical error that is substantially lower than it intended. Insuch case, Offeror must provide written notice of their desire to withdraw, along with supportingdocuments, within 3 business days of receiving the acceptance letter or of being requested byRegion 4 ESC for clarification of the proposal, whichever is later. Any contracts entered into priorto Region 4 ESC receiving notice must be honored.No Offeror should assume that their withdrawal request has been accepted unless, and until,they receive written acknowledgment and acceptance of their proposal withdrawal.10 of 159

XI.Clarifications: Offeror may receive a written request to clarify, in writing, its proposal in order todetermine whether a proposal should be considered for award. The process of clarification is notan opportunity for an Offeror to revise or modify its proposal, and any response by an Offeror toa written request for clarification that attempts to revise or modify its proposal shall be given noeffect. The purpose of the request for clarification will be solely made for the purpose ofeliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal, whichmay be corrected or waived in the leading agency’s sole discretion.XII.Non-Responsive Proposals: All proposals will be reviewed for responsiveness to the materialrequirements of the solicitation. A proposal that is not materially responsive shall not be eligiblefor further consideration for award of the contract, and the Offeror shall receive notice of therejection of its proposal.XIII.Negotiations: Region 4 ESC shall determine which responsive proposals are in the competitiverange and/or are reasonably susceptible of being selected for award. Proposals not in thecompetitive range may not be further evaluated. Proposals in the competitive range shall beevaluated on the basis of price and the other evaluation criteria set forth in the solicitation. In theevent that Region 4 ESC decides to conduct negotiations, notice shall be provided to eachOfferor whose proposal is being considered for award, which notice may identify, in generalterms, the elements or factors upon which Region 4 ESC intends to base its negotiations.Offerors will not be assisted, in any way, to bring their proposal up to the level of other proposalsthrough discussions. During the course of negotiations, no Offeror’s technical proposal or pricingshall be revealed to any other Offeror or to any other person who is not involved with theevaluation process. Region 4 ESC will also not indicate to Offeror a cost or price that it mustmeet to either obtain further consideration nor will it provide any information about other Offerors’proposals or prices.XIV.Best and Final Offer: Region 4 ESC, in its sole discretion, may request all Offerors in thecompetitive range to submit a Best and Final Offer. Offerors must submit their Best and FinalOffers in writing. If an Offeror does not respond to the request for a Best and Final Offer, thatOfferor’s most recent prior offer will be considered to be its Best and Final Offer.XV.Specifications: When a solicitation contains a specification that states no substitutions, nodeviation from this requirement will be permitted. Offeror must comply with the true intent of thespecifications and drawings and not take advantage of any unintentional error or omission. Incases where no type and kind of product is specified, specifications have been developed toindicate minimal standards as to the usage, materials, and contents based on the needs of themembers.References to manufacturer’s specifications (Design Guides), when used by Region 4 ESC, areto be considered informative to give the Offeror information as to the general style, type and kindrequested. Responses proposing goods, materials or equipment regularly produced by areputable manufacturer shall be evaluated by Region 4 ESC which will, in its sole discretion,determine whether such proposed goods, materials or equipment are substantially equivalent tothe Design Guides, considering quality, workmanship, economy of operation, and suitability forthe purpose intended. Offerors should include all documentation required to evaluate whether ornot their proposed goods, materials or equipment are substantially equivalent to the DesignGuides.XVI.Quality of Materials or Services: Offeror shall state the brand name and number of thematerials being provided. If none is indicated then it is understood that the offeror is quoting onthe exact brand name and number specified or mentioned in the solicitation.11 of 159

However, unless specifically stated otherwise, comparable substitutions will be permitted incases where the material is equal to that specified, considering quality, workmanship, economyof operation and suitability for the purpose intended.XVII.Samples: Upon request, samples shall be furnished, free of cost, within seven (7) days afterreceiving notice of such request. By submitting the proposal Offeror certifies that all materialsconform to all applicable requirements of this solicitation and of those required by law. Offeroragrees to bear the costs for laboratory testing, if results show that the sample does not complywith solicitation requirements.Submissions may be rejected for failing to submit samples as requested.XVIII.Deviations and Exceptions: Deviations or exceptions stipulated in response may result indisqualification. It is the intent of Region 4 ESC to award a manufacturer’s complete line ofproducts, when possible.XIX.Formation of Contract: A response to this solicitation is an offer to contract with Region 4 ESCbased upon the terms, conditions, scope of work, and specifications contained in this request. Asolicitation does not become a contract until it is awarded by Region 4 ESC. A contract is formedwhen Region 4 ESC’s board signs the Vendor Contract Signature Form. The prospective vendormust submit a signed Vendor Signature Form with the response thus, eliminating the need for aformal signing process.XX.Estimated Quantities: Region 4 ESC anticipates that a substantial number of participatingmembers will enter into contracts resulting from this solicitation based on multiple surveys andusage of other contracts that may have included similar services, however, Region 4 ESC makesno guarantee or commitment of any kind concerning quantities or usage of contracts resultingfrom this solicitation. The volume for this contract is estimated to be from 1 million a year to 2million a year. This information is provided solely as an aid to contract vendors in preparingproposals only. The successful Vendor(s) discount and pricing schedule shall apply regardless ofthe volume of business under the contract.XXI. Multiple Awards: membership includes a large number of potential entities which may utilizethis contract throughout the nation. In order to assure that any ensuing contract(s) will allowRegion 4 ESC to fulfill current and future needs, Region 4 ESC reserves the right to awardcontract(s) to multiple vendors. The decision to award multiple contracts, award only onecontract, or to make no awards rests solely with Region 4 ESC.XXII.Non-Exclusive: Any contract resulting from this solicitation shall be awarded with theunderstanding and agreement that it is for the sole convenience and benefit of participatingmembers. Region 4 ESC and participating entities reserve the right to obtain like goods andservices from other sources.AWARD PROCESSXXIII.Award or Rejection of Proposals: In accordance with applicable laws, rules, and regulationsfor public purchasing, award(s) will be made to the prospective vendor whose response isdetermined to be the most advantageous to participating agencies, price and other factorsconsidered. Region 4 ESC reserves the right to use a “Market Basket Survey” method, based onrandomly selected criteria to determine the most advantageous response. To qualify forevaluation, a proposal must have been submitted on time, and satisfy all mandatoryrequirements identified in this solicitation. Proposals that are materially non-responsive will berejected and the Offeror will be provided notice of such rejection.12 of 159

XXIV.Evaluation Process: In evaluating the responses the following predetermined criteria iscon

7145 West Tidwell Road Houston, Texas 77092 (713) 744-6835 . www.esc4.net . Publication Date: October 30, 2014 . NOTICE TO OFFEROR . SUBMITTAL DEADLINE: Wednesday .