Richardson ISD RFP # 1057 Enterprise Backup
Richardson Independent School District
400 S. Greenville Ave.
Richardson, TX 75081
Enterprise Backup RFP
RFP # 1057
The Richardson Independent School District (RISD) is soliciting proposals for Enterprise Backup as per
specifications stated in this solicitation document. Sealed proposals shall be submitted in an envelope
marked on the outside with the bidders name, address, and proposal number (RFP # 1057) to:
Richardson Independent School District
Enterprise Backup RFP
RFP # 1057
Attention: Melody Greig
970 Security Row
Richardson, TX 75081
Proposals must be received by RISD no later than 1:30 PM, September 17, 2009. Bids will be publicly
opened at 2:30 PM the same day.
Bidders must submit one (1) proposal, (1) copy, and an electronic copy (i.e. flash drive, cd) of the
response to the Request for Proposal (RFP) (collectively the Proposal). All items must be sealed.
Proposals must be submitted in sufficient time to be received and time-stamped at the above location
on or before the published bid date and time shown on the RFP. RISD will not be responsible for
delivering mail from the post office. Proposals received after the published time and date cannot be
considered. Fax proposals will not be accepted.
The bid name and number must be identified on the outside envelope being delivered (i.e. Federal
Express, UPS, US Postal Service, and Hand Delivery.)
RISD’s contact for this proposal is Melody Greig (melody.greig@risd.org). Contact between solicited
vendors and user departments during the request for sealed proposal process or evaluation process is
prohibited. Any attempt by a solicited vendor to contact the departments will result in disqualification.
All addenda will be issued via the
business/purchasing/index.asp#advertisedbids.
district
1
website
at
http://www.risd.org/doing-
Richardson ISD RFP # 1057 Enterprise Backup
Contents
1
2
3
Overview ............................................................................................................................................... 5
1.1
General Information ..................................................................................................................... 5
1.2
Work Included ............................................................................................................................... 5
1.3
Schedule of Events ........................................................................................................................ 5
1.4
Addenda ........................................................................................................................................ 5
1.5
Pre-Proposal Meeting ................................................................................................................... 5
Bidder Instructions ................................................................................................................................ 6
2.1
Proprietary Information ................................................................................................................ 6
2.2
Obligation of Owner...................................................................................................................... 6
2.3
Negotiation of Contract ................................................................................................................ 6
2.4
Owner’s Rights Reserved .............................................................................................................. 6
2.5
Awarding of Contract .................................................................................................................... 6
2.6
Background Checks ....................................................................................................................... 6
2.7
Project Startup Meeting................................................................................................................ 7
2.8
Commencement of Work.............................................................................................................. 7
2.9
Project Timelines........................................................................................................................... 7
2.10
Standard of Care ........................................................................................................................... 7
2.11
RFP Questions ............................................................................................................................... 7
2.12
Availability of Prices ...................................................................................................................... 7
2.13
Vendor References........................................................................................................................ 7
2.14
Material Samples .......................................................................................................................... 8
2.15
Compliance with EEO .................................................................................................................... 8
2.16
FCC Statement............................................................................................................................... 8
2.17
U.L. Listing/Approval ..................................................................................................................... 8
General Conditions ............................................................................................................................... 9
3.1
Indemnity Hold Harmless.............................................................................................................. 9
3.2
Response Submission .................................................................................................................... 9
3.3
Costs Associated with Preparation of the Proposal ...................................................................... 9
3.4
RFP Binding Period ........................................................................................................................ 9
3.5
Omissions ...................................................................................................................................... 9
3.6
Minimum Insurance Coverage .................................................................................................... 10
2
Richardson ISD RFP # 1057 Enterprise Backup
4
5
3.7
Right to Terminate ...................................................................................................................... 13
3.8
Product Suitability ....................................................................................................................... 14
3.9
Payment Terms and Retainage ................................................................................................... 14
3.10
Transfer of Contract .................................................................................................................... 14
3.11
Amendments and Modifications................................................................................................. 14
3.12
Venue .......................................................................................................................................... 14
3.13
Execution of Contracts ................................................................................................................ 14
3.14
Vendor’s Standard of Care .......................................................................................................... 14
3.15
Compliance with Electrical Codes ............................................................................................... 15
3.16
Disclosures .................................................................................................................................. 15
3.17
Fairness of Pricing ....................................................................................................................... 15
3.18
Compliance with Applicable Laws and Regulations .................................................................... 15
3.19
Nondisclosure of Relationship with Owner ................................................................................ 16
3.20
Timeliness of Contract Obligations ............................................................................................. 16
3.21
Authority of Owner ..................................................................................................................... 16
3.22
Damage Caused by Vendor ......................................................................................................... 16
3.23
Material Supplied Beyond Scope of Work .................................................................................. 17
3.24
Reimbursement of Liquidated Damages .................................................................................... 17
3.25
Bonding ....................................................................................................................................... 18
3.26
Quality Assurance Standards ...................................................................................................... 18
Technical Specifications ...................................................................................................................... 19
4.1
Project Overview ......................................................................................................................... 19
4.2
Minimum Requirements for Enterprise Backup ......................................................................... 20
4.3
Minimum Requirements for Email E-Discovery .......................................................................... 21
4.4
Minimum Requirements for email Archival ................................................................................ 21
4.5
Minimum Data Archival .............................................................................................................. 22
Vendors Response to RFP ................................................................................................................... 23
5.1
Response Format ........................................................................................................................ 23
5.1.1
Tab 1 – Executive Summary/Overview ............................................................................... 23
5.1.2
Tab 2 – Vendor Company Profile ........................................................................................ 23
5.1.3
Tab 3 – Main Body of Response .......................................................................................... 23
5.1.4
Tab 4 – Exceptions .............................................................................................................. 24
3
Richardson ISD RFP # 1057 Enterprise Backup
5.1.5
6
Tab 5 – Equipment and Materials Specifications ................................................................ 25
5.2
Incurred Costs ............................................................................................................................. 25
5.3
Evaluation ................................................................................................................................... 25
5.4
Subcontractors ............................................................................................................................ 25
5.5
Signature ..................................................................................................................................... 27
Delivery and Installation ..................................................................................................................... 28
6.1
Delivery ....................................................................................................................................... 28
6.2
General Installation Requirements ............................................................................................. 28
6.3
Owner’s Responsibilities for Delivery and Installation ............................................................... 28
4
Richardson ISD RFP # 1057 Enterprise Backup
1 Overview
1.1 General Information
The Richardson Independent School District (the District or RISD) is seeking to refresh the
existing enterprise backup solution, add a solution for Email eDiscovery, and Tiered Data
Archival services with 5-year support (24 x 7) and warranty of these systems.
RISD will consider many factors in selecting the vendor to provide, integrate, deliver, install,
maintain and support the hardware solution. In addition to technical capability, the selected
vendor or vendors must be financially stable and demonstrate capability to meet or exceed a
high standard of quality in service and support during the award period. A demonstratable
and verifiable commitment to total customer satisfaction and support will be a key factor in
the assessment of vendor qualifications.
1.2 Work Included
Proposals will include, but not limited to, all labor, services, and materials necessary for the
completion of this project. Proposals shall include all costs of contracts, agreements,
insurance, licensing fees, materials, labor, and any other costs reasonably necessary to
complete this project.
1.3 Schedule of Events
The following is the anticipated schedule of events for this project. The schedule may change
depending on the results of the Proposals. The final schedule will be established prior to
contracting with the successful Vendor.
Release of RFP
Pre-Bid Meeting
Proposals Due
Estimated Board Approval Date
Contract Start Date
08/27/09
09/02/09
09/17/09
11/02/09
11/03/09
1.4 Addenda
Addenda to the RFP must be authorized and issued in writing by RISD to be valid. Any
addenda that modify the RFP document by adding, deleting, clarifying, or correcting its
contents will be issued prior to the Proposal receipt deadline.
1.5 Pre-Proposal Meeting
A pre-proposal meeting will be held 10:00 AM, September 2, 2009 , at RISD’s Purchasing
Dept. Conference Room, located at 970 Security Row, Richardson, TX 75081. This will be an
opportunity to ask questions regarding this RFP.
5
Richardson ISD RFP # 1057 Enterprise Backup
2 Bidder Instructions
2.1 Proprietary Information
Any information in your Proposal that is of a proprietary nature should be clearly and
specifically identified. Such identification shall not limit the District’s right to use such
information if it is obtained from another source, or if it comes into the public domain.
2.2 Obligation of Owner
Issuance of this RFP does not create any obligation on the part of RISD to enter into any
contract or undertake any financial obligations with respect to the System referred to herein.
There will be no discussions with Vendors except for the purpose of clarification of a
Proposal until the evaluation of the Proposals has been completed. Any subsequent
discussion shall be at the discretion of RISD.
2.3 Negotiation of Contract
After evaluation of all Proposals received, RISD reserves the right to enter into negotiations
with the Vendor or Vendors that the RISD considers best qualified to meet its requirements.
RISD reserves the right to reject any and all proposals and to waive any non-conformity,
whenever such actions are in its best interest, as determined solely by RISD.
2.4 Owner’s Rights Reserved
RISD reserves the right to purchase or not purchase individual sections of the Vendor
proposal and to purchase or not to purchase subsystems within a section.
2.5 Awarding of Contract
A Contract, if awarded, will be awarded to the responsible vendor(s) submitting the best
Proposal for the System package, plus any acceptable alternatives complying with the
Conditions and Requirements of the Contract. Relevant factors other than cost alone will be
considered in determining the successful Vendor, including, but not limited to, outstanding
references and prior relevant experience.
2.6 Background Checks
All employees of the successful vendor will be required to undergo a background check
through RISD and must clear the background check prior to any work commencing on any
RISD campus. Any employee of the vendor who does not clear the background check will not
be allowed to participate in any activities on RISD property.
6
Richardson ISD RFP # 1057 Enterprise Backup
2.7 Project Startup Meeting
A project start-up meeting will be held to provide all parties involved in the project an
opportunity to clarify issues and review project procedures. Project procedures shall include,
but are not limited to, submittal processes, pay request and review procedures, requests for
information, change orders, scope adjustments, project completion, and acceptance criteria.
Additionally, a statement of work document will be drafted to detail the scope of work,
materials and other items to be provided under the contract. This statement of work
document will be agreed to in writing by both the vendor and RISD before the
commencement of any work.
2.8 Commencement of Work
Commencement of the Work shall be subject to the discretion of RISD and the District
reserves the right to make all decisions regarding such commencement..
2.9 Project Timelines
The actual sequence and duration of the work activities requested will be coordinated and
directed by RISD at its sole discretion.
2.10 Standard of Care
Vendor acknowledges that RISD will rely on Vendor’s ability, expertise and knowledge of the
System(s). Vendor shall be obligated to exercise the highest standard of care in performing
its obligations. Vendor shall demonstrate to the District’s satisfaction that it is of sound
financial condition and otherwise capable of fully performing any contract entered into
hereunder.
2.11 RFP Questions
Any questions about this RFP must be raised prior to submission of the Proposal. All
questions must be submitted no later than 4:00 PM September 14, 2009 to:
Melody.greig@risd.org (please entitle email: Enterprise Backup RFP # 1057)
2.12 Availability of Prices
All Vendors, as part of the bid evaluation process, may be requested to supply individual
prices for equipment, labor, supplies, etc. If requested, this information will be supplied to
RISD’s Director of Purchasing within three (3) working days of the request.
2.13 Vendor References
Vendor must submit with the Proposal a list of past installations of comparable size, in a K-12
environment, along with current contact names and telephone numbers.
7
Richardson ISD RFP # 1057 Enterprise Backup
2.14 Material Samples
Vendor shall supply samples/brochures of all material proposed and material that deviates
from the specified materials prior to the Proposal deadline. The Vendor will provide one (1)
set of original (photocopies not acceptable), descriptive brochures and product
documentation in a bound booklet form at the end of the installation. RISD reserves the
right to request samples of any equipment.
2.15 Compliance with EEO
RISD will enter into contractual relationships only with those vendors who have, through
word and deed, affirmed that they comply with all applicable existing laws or executive
orders to insure equal employment opportunities without regard to the race, color, sex,
national origin, religion, age, or disability status of any qualified employee or applicant.
2.16 FCC Statement
The Vendor(s) is responsible to insure that all equipment proposed and installed as part of
this RFP will meet or exceed all requirements of the Federal Communications Commission
(FCC). Specifically, all equipment will comply with FCC Part 15 Radiation Requirements as
applied in Section A or Section B, as appropriate.
2.17 U.L. Listing/Approval
The Vendor(s) is responsible to insure that all equipment proposed and installed as part of
this RFP will have appropriate Underwriters Laboratory (U.L.) Listing / Approval for all power
components.
8
Richardson ISD RFP # 1057 Enterprise Backup
3 General Conditions
3.1 Indemnity Hold Harmless
Vendor shall indemnify, save and hold RISD, its trustees, employees, agents, architects,
consultants, contractors, attorneys, and guests, harmless from and against any and all claims,
damages, liabilities, penalties, costs, charges, and expenses (including reasonable legal fees)
which may be imposed upon or incurred or asserted against them in connection with the
System(s), or any part thereof, and from the acts, errors or omissions of Vendor, its
employees, and/or agents.
3.2 Response Submission
One (1) original and (1) copy of the Vendor’s Proposal, an electronic copy, and any other
documents must be received by 1:30 PM, September 17, 2009 and are to be submitted to:
Richardson Independent School District
Melody Greig
Purchasing Department
970 Security Row
Richardson, TX 75081
Each response must be received in a sealed envelope and clearly labeled as follows on the
front lower right corner:
Your Company Name
Proposal to Richardson Independent School District
Enterprise Backup RFP # 1057
3.3 Costs Associated with Preparation of the Proposal
The Owner will not be liable for any cost incurred by the respondents in preparing Proposals
to this RFP or negotiations associated with award of a contract.
3.4 RFP Binding Period
Prices quoted in the Vendor’s response for all labor and materials will remain in effect from
the date of the contract through November 2014, during which time vendor must pass on all
price decreases enacted or provided by the manufacturer. In no event shall pricing be
allowed to rise above the stated contract.
3.5 Omissions
Omission in the Proposal of any provision herein described shall not be construed as to
relieve the Vendor of any responsibility or obligation to complete and satisfactorily deliver,
operate, and support any and all equipment or services.
9
Richardson ISD RFP # 1057 Enterprise Backup
3.6 Minimum Insurance Coverage
The vendor will be responsible to carry the following minimum insurance coverage’s:
A. Worker’s Compensation:
A copy of a certificate of insurance, a certificate of authority of self-insure issued by the
commission, or a coverage agreement (TWCC81, TWCC82, TWCC83, or TWCC-84) showing
statutory worker’s compensation insurance coverage for the person’s or entity’s employees
providing services on a project is required for the duration of the project.
Duration of the project includes the time from the beginning of the work on the project until
the vendor’s person’s work on the project has been completed and accepted by RISD.
Persons providing services on the project (“subcontractor” in Texas Labor code 406.096)
include all persons or entities performing all or part of the services the vendor has
undertaken to perform on the project, regardless of whether that person contracted directly
with the vendor and regardless of whether that person has employees. This category
includes, without limitation, independent contractors, subcontractors, easing companies,
motor carriers, owner-operators, employees of any such entity, or employees of any entity
that furnishes persons to provide services on the project.
Services include, without limitation, providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other services related to a project. Services do not
include activities unrelated to the project, such as food/beverages vendors, office supply
deliveries and delivery of portable toilets.
The vendor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor code agreements, Texas Labor Code 401.022 (44) for all
employees of the vendor providing services on the project for its duration.
The vendor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
If the coverage period shown on the vendor’s current certificate of coverage ends during the
duration of the project, the vendor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been
extended.
The vendor shall obtain from each person providing services on a project, and provide to the
governmental entity:
(1) A certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
10
Richardson ISD RFP # 1057 Enterprise Backup
(2) No later than seven (7) days after receipt by the vendor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the period.
The vendor shall retain all required certificates of coverage for the duration of the project
and for one (1) year thereafter.
The vendor shall post on each project site a notice, in the text form and manner prescribed
by the Texas Worker’s Compensation Commission, informing all persons providing services
on the project that they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
The vendor shall contractually require each person with whom it contracts to provide
services on a project to:
(1) Provide coverage based on a proper reporting of classification codes and payroll
amounts and filing any coverage agreements which meets the statutory requirements of
Texas Labor code 401.011 (44) for all of its employees providing services on the project for
the duration of the project;
(2) Provide to the vendor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project for the duration of the project;
(3) Provide the vendor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(4) Obtain from each other person with whom it contracts, and provide to the vendor:
(a)
A certificate of coverage, prior to the other person beginning work on the
project; and
(b)
A new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
(5)
Retain all required certificates of coverage on file for the duration of the project and for
one (1) year thereafter;
(6)
Notify the governmental entity in writing by certified mail or personal delivery, within
the ten (10) days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
(7)
Contractually require each person with whom it contracts to perform as required by
items 1-7, with the certificates of coverage to be provided to the person for whom they
are providing services.
11
Richardson ISD RFP # 1057 Enterprise Backup
By signing the contract, which will be issued upon award, or providing or causing to be
provided a certificate of coverage, the vendor is representing to the governmental
entity that all employees of the vendor who will provide services on the project will be
covered by workers’ compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts,
and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self-Insured, with the commission’s Division of Self-insurance
Regulation. Providing false or misleading information may subject the vendor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
The vendor’s failure to comply with any of these provisions is a breach of contract by
the vendor that entitles the governmental entity to declare that contract void if the
vendor does not remedy the breach within ten (10) days after receipt of notice of
breach from the governmental entity.
B. Comprehensive General Liability Insurance
General Aggregate Limit (other than Products/Completed Ops) $ 1,000,000.00
Products/Completed Operations Aggregate Limit
$ 1,000,000.00
Personal and Advertising Injury Limit
$ 1,000,000.00
Each Occurrence Limit
$ 1,000,000.00
Professional errors & omissions
$ 1,000,000.00
Fire Damage Limit - Any one fire
$
50,000.00
Medical Expense Limit - Any One Person
$
5,000.00
Liability Insurance shall cover premises operations and vendor’s liability, as stated
above, with the following endorsements:
(1)
The school district as an additional insured under all coverage’s except
Worker’s compensation.
(2)
Ten (10) days Notice of Cancellation or material change.
C. Automobile Liability Insurance
Automobile liability insurance shall cover all owned, non-owned, and hired vehicles in
the amount of $ 1,000,000.00 combined single liability limit for bodily injury and
property damage with the following endorsements:
(1)
Ten (10) day Notice of Cancellation or material change.
12
Richardson ISD RFP # 1057 Enterprise Backup
(2)
Certificates of Insurance shall be delivered to the Owner before
Commencement of the Work
3.7 Right to Terminate
3.7.1
RISD, by written notice to the Vendor, may terminate the Contract, in whole or
in part, for its convenience at any time prior to completion. Upon receipt of
such notice, the Vendor shall take all necessary steps to avoid incurring any
additional costs. In the event of such termination by RISD, it is agreed that the
termination charges shall be negotiated but shall not exceed 100% of the total
costs, both direct and indirect, incurred by the Vendor in the performance of
the Contract, including reasonable costs incurred with respect to termination
and settlement with vendors and subcontractors as a result of termination. In
the event of termination, Vendor shall provide all plans, engineering, other
drawings, and al other materials within five (5) business days of termination in a
form acceptable to RISD.
3.7.2
The Vendor agrees to notify RISD of all proposed settlements with vendors and
subcontractors in the event of termination, not for cause, and the Vendor
further agrees not to enter into any binding settlement until RISD has approved
the proposed settlement or thirty (30) days have elapsed from the date when
such advice was furnished to RISD, which approval shall not be unreasonably
withheld.
3.7.3
Direct and indirect costs shall be determined in accordance with standard
accounting practices and verified by an independent Certified Public
Accountant. Final payment shall be in the amount of the total termination
charges within sixty (60) days following submission of such total costs certified
by the independent Certified Public Accountant.
3.7.4
In the event of termination not for cause, final payment shall be in the amount
of the total termination charges, less the following:
3.7.4.1
Amounts previously paid by RISD to the Vendor.
3.7.4.2
Amounts representing total Vendor’s cost of segregable materials
generated under the Contract not desired by RISD that the Vendor
elects to retain for its use.
3.7.5
RISD may terminate Contract for cause immediately on notice to Vendor.
3.7.6
In the event of such termination for cause or not for cause, all materials
generated under the contract, which will be issued upon award, except that
specified in item 3.7.4.2 of this Article, shall become the property of RISD.
13
Richardson ISD RFP # 1057 Enterprise Backup
3.8 Product Suitability
The Vendor warrants that the materials to be used under the contract, which will be issued
upon award, will be new and as otherwise specified by this RFP and the sale or use of them
will not infringe on any United States of foreign letters, patent, trademark, copyright or other
proprietary right, and the Vendor agrees to defend, protect and save harmless RISD its
employees, agents, successors, assigns, customers, consultants, and users of such items,
against all suits at law or in equity, and from all damages and expenses including attorney’s
fees resulting from claims and demands for actual or alleged infringements of any patent,
trademark, copyright or any right by reason of the sale or use of the material covered
hereby. RISD reserves the right to participate in any such action brought against it at
Vendor’s expense.
3.9 Payment Terms and Retainage
RISD will pay the vendor at time of completion of order, based on inspection and sign-off by
Owner or Owner’s agent. Performance criteria will be established by RISD and the Vendor
prior to the beginning of work.
3.10 Transfer of Contract
The contract, which will be issued upon award, shall not be assigned or transferred without
the District’s prior written consent.
3.11 Amendments and Modifications
The contract, which will be issued upon award, shall be amended or modified only in writing
signed by the parties. The modification, amendment, or waiver of part of this Contract shall
not constitute a waiver of the whole.
3.12 Venue
The contract, which will be issued upon award, shall be construed under the laws of the State
of Texas, and venue arising out of this agreement is in Dallas County, Texas, regardless of the
place of execution or performance.
3.13 Execution of Contracts
Contracts for purchase will be put into effect by means of purchase order(s) executed by the
RISD Purchasing Department after bids have been awarded.
3.14 Vendor’s Standard of Care
All work shall be done in a thorough and conscientious manner according to the highest
standards of care within the industry and shall be subject to inspection and by RISD, its
agents, architects, consultants and others and by the proper authorities. It is expressly
understood and agreed that such observations and inspections by RISD, its other contractors
and consultants shall not relieve the Vendor from any responsibility for the proper
supervision and execution of the Work described in the RFP, or agreed to at a later date.
14
Richardson ISD RFP # 1057 Enterprise Backup
3.15 Compliance with Electrical Codes
The latest version of the National Electric Code, along with the National Electric Safety Code,
shall be followed. If local regulations or codes are more stringent, then those stipulations
shall govern and Vendor shall advise The Project Manager, Inc. and RISD of the applicable
code.
3.16 Disclosures
3.16.1 By signing its Proposal, a vendor affirms that he/she has not given, offered to
give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor or service to a
public servant in connection with the proposal submitted.
3.16.2 By signing its Proposal, a vendor affirms that, to the best of his/her knowledge,
the proposal has been arrived at independently, and is submitted without
collusion with anyone to obtain information or gain any favoritism that would in
any way limit competition or give them an unfair advantage over other vendors
in the award of this RFP.
3.16.3 Vendor shall note any and all relationships that might be construed as a conflict
of interest and include such information with the Proposal. Vendor also shall
submit with its Proposal a completed Conflict of Interest Questionnaire in
compliance with chapter 176 of the Texas Local Government Code.
3.17 Fairness of Pricing
The price to be paid by the Owner shall be that contained in the winning Vendor’s proposal
which Vendor warrants to be no higher than Vendor’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 method of purchase. In the event Vendor breaches this
warranty, the prices of the items shall be reduced to the Vendor’s current prices on orders by
others and overpricing refunded to the District within 30 days or, in the alternative, Owner
may cancel the contract, which will be issued upon award, without liability to Vendor for
breach or Vendor’s actual expense.
3.18 Compliance with Applicable Laws and Regulations
The Vendor shall give notices to authorities and shall comply with all federal, state, local
laws, ordinances, rules, regulations, and orders of any public authority bearing on the
performance of the Work. Where such laws, ordinances, rules and orders are in conflict, the
more stringent standards shall apply.
15
Richardson ISD RFP # 1057 Enterprise Backup
3.19 Nondisclosure of Relationship with Owner
The Vendor will not, in any manner disclose, advertise or publish the fact that Vendor has
contracted with RISD to provide the work as specified without the express written consent of
RISD. Nor shall vendor disclose any other information concerning its contract with RISD to
third parties without RISD’s written consent.
3.20 Timeliness of Contract Obligations
Time is of the essence for work referenced in the contract. If Vendor fails to perform the
services at the time agreed upon, or to perform the work there under such a manner as will
endanger its ability to complete the Work or render timely performance of services,
Richardson Independent School District reserves the right to cancel the Contract or purchase
elsewhere the services called for hereunder and hold Vendor accountable for additional
costs or damages incurred by RISD including but not limited to rent and holdover rent
penalties, additional fees, and expenses to its Consultant.
3.21 Authority of Owner
Notwithstanding any other provision of the Contract to the contrary, the Vendor, once its
activities begin on the Site, shall comply with the site rules of RISD. The Vendor shall direct its
personnel and subcontractors to respect and abide by the authority of the RISD and the
Project Manager on all matters related to the Vendors operation at the Site, including but
not limited to:
3.21.1 Use of Site resources such as elevators and loading docks.
3.21.2 Connection to and use of utilities.
3.21.3 Safety issues.
3.21.4 Trash removal and Site cleanliness.
3.21.5 Site Security
3.22 Damage Caused by Vendor
The Vendor shall be responsible for any and all damages to portions of the building caused
by it, its employees or subcontractors; including but not limited to:
16
Richardson ISD RFP # 1057 Enterprise Backup
3.22.1 Damage to any portion of the building caused by the movement of tools,
materials, or equipment
3.22.2 Damage to any component, including ceiling tiles, of the construction of spaces
in which the Vendor is working.
3.22.3 Damage to the electrical distribution system and/or other space “turned over”
to the Vendor
3.22.4 Damage to the electrical, mechanical, and/or life safety or other systems caused
by inappropriate operation or connections made by the Vendor or other actions
of Vendor.
3.22.5 Other Damage to the materials, tools and/or equipment of RISD, its consultants,
subcontractors, Architect, other contractors, agents and leases.
3.23 Material Supplied Beyond Scope of Work
It shall be the responsibility of the Vendor to provide all materials, equipment, and software
necessary to fulfill the Requirements described herein. Should materials, equipment, and
software in excess of the estimates provided prove to be necessary, they shall be provided at
no additional cost to RISD.
3.24 Reimbursement of Liquidated Damages
The “Contract Time” is hereby defined as the number of days stipulated by the Vendor on his
proposal for completion of the project (between Notice to Proceed and Date of Substantial
Completion). The Vendor (and its surety) agrees to a payment of One Thousand Dollars
($1000.00) per day by the Vendor to the Owner for every calendar day that the project is not
completed beyond the Contract Time until the Work is Substantially Complete.
All claims for extensions of the Contract time shall be made in writing (stating dates and
justification therefore) to The Project Manager, Inc. each month and shall accompany the
Application for Payment; otherwise claims for extension of the Contract Time not submitted
as required herein shall be waived. In the case of continuing cause of delay, only one claim is
necessary.
RISD reserves the right to extend the Contract Time at its discretion due to mitigating
circumstances such as construction, emergency repairs, special events, etc.
17
Richardson ISD RFP # 1057 Enterprise Backup
3.25 Bonding
If any subcontractors are included or involved in your proposal a 100% Payment Bond will be
required.
1. RISD prefers a surety with an A.M. BEST rating of “A” if amount of contract is greater
than or equal to $50,000.
2. RISD prefers a surety bond with a rating of at least “B+” if amount of contract is less
than $50,000.
3. Successful vendor will have fifteen(15) days from date of notification of award of
proposal to furnish to the District, including but not limited to, contracts, bonds,
certificates of insurance, et., otherwise the proposal award may be withdrawn and
awarded to the next lowest responsible proposal or completely rejected and resolicited at the discretion of the RISD.
3.26 Quality Assurance Standards
The vendor shall submit, with its proposal, a copy of its company quality assurance manual
and applicable procedures.
18
Richardson ISD RFP # 1057 Enterprise Backup
4 Technical Specifications
4.1 Project Overview
RISD seeks to refresh the existing enterprise backup solution and add a solution for Email
eDiscovery and Tiered Data Archival services.
A description of the existing backup solution and processes are as follows. The existing
Enterprise Backup Solution (EBS) is a disk-to-tape solution consisting of an Overland NEO
4100 (3 LTO-3 drives) and REO 9000 (9.6 TB Raw). The NEO resides in the Administration
Annex communications room and the REO is located at the RISD Disaster Recovery site (DR).
These systems currently use iSCSI as a means to communicate. The link between the
facilities is 10 Gigabit Ethernet. These systems and the associated Backup servers running
Legato Networker 7.4 connect to the network via Gigabit Ethernet. Gigabit TX or SFP in
addition to 10 Gigabit Ethernet are available on the network for new systems. Backups are
written to the REO and replicated to the NEO for off-site storage.
Current backup policies require 30 days of near line backup on the REO. Backup sets are
extended beyond 30 days by a daily push to tape on the NEO. Backup sets are kept up to one
year before the tapes are re-circulated. Backup services are provided to approximately 100
server clients at this time. Server clients include Windows Server 2003/2008, Netware, and
Linux. No workstation clients are backed up by this solution. A one month window of
backups includes approximately 23TB of raw backup. This does not take into account deduplication or compression. OS system directories are not included in these backup sets.
Data backed up consists of user document files, multimedia files, databases, and Novell file
rights. Microsoft Exchange constitutes the largest amount of single client data in the data
sets today at roughly 6TB of data per month. Current backup schedules run into the business
day as some backups take ten or more hours to run.
It’s the intent of RISD to migrate away from the use of tape as part of the EBS. The desired
solution will present the Annex as the primary near line backup and utilize the Disaster
Recovery (DR) site as the “off-site” backup.
It is the intent of RISD to acquire a suitable means of email eDiscovery and tiered storage.
The enterprise email solution currently in use is Exchange Enterprise 2007 SP1 on Windows
Enterprise 2008 Servers with one mailbox server, five private stores and one public store,
and one SCR server. There is one hub transport running on Hyper-V, one client access server
running on Hyper-V and one email journaling server running on Hyper-V.
Active Directory root and client domains run on Windows Enterprise Server 2008 with two
root domain controllers on Hyper-V and three client domain controllers on Hyper-V.
It is the intent of RISD to acquire a suitable means to provide long term archival services to
the business and operational departments of RISD. Currently business data which requires
long term availability is stored in Novell file volumes on a Xiotech SAN architecture. A means
19
Richardson ISD RFP # 1057 Enterprise Backup
to automate the move of data files that are deemed to require archiving to a lower cost
storage array is needed along with an option to purge data considered to be stale or beyond
its useful life.
Respondents shall provide documentation and pricing options for solutions compliant with
the following set of specifications. RISD reserves the right to purchase all or part of these
individual solutions from more than one vendor. A proof of concept may be required prior to
bid award.
4.2 Minimum Requirements for Enterprise Backup
EBS Solution will:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Provide a complete hardware & software solution.
Be rack mountable in 10000 series HP server racks.
Include all necessary rack mounting hardware.
Have redundant systems with redundant cooling fans and power supplies.
Provide adequate throughput to complete backup sessions during the assigned
maintenance window which excludes standard business hours.
Provide up to RAID-6 disk arrays.
Be compatible with the following operating systems and hardware:
a. Window Server (2000,2003, 2008) 32 or 64 bit.
b. Microsoft Exchange 2007 SP1
c. RedHat Linux Server 4 and higher
d. Susie Linux Server 10 and higher including OES with NSS volumes
e. Novell Netware 6.7 and higher
f. Xen Virtual Server 3 and higher
g. Hyper-V
h. Oracle release 10 and later
i. Microsoft SQL Server 2005 and later
j. HP EVA 8000 series
k. Xiotech 3000 & 4000 series
l. HP ProLiant series BL, DL, and ML series servers
Provide at minimum block level source de-duplication.
Destination compression.
Variable block size destination.
Provide adequate capacity to store 50TB of raw data. (Not taking into account data
de-duplication and compression)
Provide a means for migrating backup data from the existing EBS to the proposed
solution.
Provide for a primary storage array at the Administration Annex and replication to a
redundant system at the DR site.
20
Richardson ISD RFP # 1057 Enterprise Backup
14. Provide five years maintenance and licensing.
15. Answer the following questions:
a. Provide benchmarks supporting performance claims.
b. How many simultaneous backup streams can be maintained?
c. How mature is your proposed solution?
d. What is the current product roadmap?
4.3 Minimum Requirements for Email E-Discovery
The eDiscovery solution will:
1. Provide a mechanism for searching emails that are deemed of interest by the minimum
following categories:
a. Sender email address
b. Recipient(s) email address
c. Keyword search
d. Attachment names
e. Date ranges
2. Be capable of searching for emails of interest within the Archived email stores in addition
personal PST files.
3. Provide a means to place email of interest on litigation hold.
4. Provide a means to neatly package all emails of interest to a particular request and assign
them to an individual for review
5. Provide a means to export emails of interest as needed.
4.4 Minimum Requirements for email Archival
The Archive solution will:
1.
2.
3.
4.
5.
6.
Perform de-duplication and compression technology of email and attachments.
Permit access to archived email by Outlook clients.
Present itself with minimal change to the user experience within Outlook.
Be compatible with Exchange 2007 and OWA.
Index sorted email.
Provide a means to restore selected email to mailboxes or PST files. Note that the
workstations are not part of the domain and PST’s may be stored on a Novell user
volume.
7. Provide a means to age out and automatically purge email based on age.
8. Provide a mechanism for reporting archive status.
21
Richardson ISD RFP # 1057 Enterprise Backup
4.5 Minimum Data Archival
The Archival solution will:
1. Provide a manual and automated means to monitor file or block age for specific storage
locations and move files or blocks based on specified rule sets to an archive location.
2. Permit WORM volume implementation as needed.
3. Implement de-duplication and compression technology.
4. Be disk architecture.
5. Provide a means for defining data expiration.
6. Be compatible with the following operating systems and hardware:
a. Windows Server (2000, 2003, 2008) 32 or 64 bit
b. Microsoft Exchange 2007 SP1
c. RedHat Linux Server 4 and higher
d. Susie Linux Server 10 and higher including OES with NSS volumes
e. Novell Netware 6.7 and higher
f. Xen Virtual Server 3 and higher
g. Hyper-V
h. Oracle release 10 and later
i. Microsoft SQL Server 2005 and later
j. HP EVA 8000 series
k. Xiotech 3000 & 4000
l. HP ProLiant series BL, DL, and ML series servers
7. Provide a means for audit reporting based on categories including but not limited to file
size, type, location, age, last accessed.
8. Permit definable user access. Specified users will be given access to view only, modify
file information or be denied access to archives or archiving reports.
22
Richardson ISD RFP # 1057 Enterprise Backup
5 Vendors Response to RFP
5.1 Response Format
Vendor response should be in the tabbed format described in this section. Responses which
do not substantially follow this format may be rejected.
5.1.1
Tab 1 – Executive Summary/Overview
1. Executive Summary
2. Provide an overview of the project with an Installation Plan showing a
thorough understanding of the scope of work to be performed.
5.1.2
Tab 2 – Vendor Company Profile
1. Company Cover letter- Clearly state your Company’s qualifications, number
of full-time employees, number of technical and installation personnel,
training, qualifications, certifications, etc.
2. Bond based on the overall price
3. Proof of required insurance
4. Financial information – Include financial information about your company.
This information will be used to determine your Company’s overall financial
strength and will be treated as confidential by RISD.
5. Provide at least three (3) references for which your company has done
similar work for in the past year. Preference may be given to vendors with
references for installations most similar to Richardson Independent School
District.
6. Provide information on the qualifications of Project Staff, including,
company certifications, such as ISO 9000.
7. Provide the name and qualifications of the Project Manager(s) your
Company intends to assign to RISD. Provide the names and titles of
personnel who would work on this project and their qualifications/training.
8. State whether your Company intends to use subcontractors. Include in this
Tab all required information about any subcontractors that the Vendor
plans to use.
5.1.3
Tab 3 – Main Body of Response
1. Insert a complete copy of this RFP and all addenda. Each section/item shall
have a response such as “(Company) understands and will comply.” Also, if
exception is taken to any section/item, it must be noted in the response to
that section/item and then listed in Tab 4 Exceptions with a detailed
explanation. Incomplete responses may be grounds to eliminate the
Vendor for consideration at the discretion of Richardson Independent
School District.
2. List any tasks that RISD must perform and/or be responsible for in order to
accomplish the delivery and installation of the system.
23
Richardson ISD RFP # 1057 Enterprise Backup
3. Provide a copy of the vendor’s proposed maintenance policy.
4. Provide individual components and line item pricing in the Bill of Materials.
Version numbers must be included. Bills of Materials must be shown
separately for each product. Required columns are Quantity, Item
Description, Manufacturer Part Number, Unit Cost, and Total Cost. A form
similar to the following may be used:
Manuf Part
Number
Item Description
Quantity Unit Cost
Total Cost
Total Cost
5. State the Total Project cost using the form provided in the following
section(s). The vendor will provide a cost summary on this form.
5.1.3.1
Price Summary
Vendors may respond to one or more components of this RFP. RISD
reserves the right to combine components of more than one vendor
to produce a suitable system.
Solution
Cost
Enterprise Backup
Email E-Discovery & Archiving
Data Archiving
**For each solution proposed please include a detailed line
item sheet as described in section 5.1.3.
5.1.4
Tab 4 – Exceptions
Exceptions and a detailed explanation for each must be entered in this Tab.
Unless specifically noted in this Exceptions section, it will be assumed that all
sections/items are acceptable to the Vendor. This will be true even if the
written response on the RFP copy in Tab 3 notes the exception.
24
Richardson ISD RFP # 1057 Enterprise Backup
5.1.5
Tab 5 – Equipment and Materials Specifications
1. Include information on the Warranty Program available from the
manufacturer that will be provided to RISD. Also, include Vendor’s
qualifications to offer such warranty.
2. Include manufacturer’s brochures and full technical specifications (cut
sheets) for all equipment and materials Vendor proposes to provide.
Responses that fail to include the Warranty information and the Technical
Specifications in Tab 5 may be disqualified.
5.2 Incurred Costs
RISD will not be liable for any costs incurred by the Vendor in responding to this RFP.
5.3 Evaluation
This RFP is not meant to favor any vendor. Instead, it is intended solely to meet the needs
and requirements of RISD. The District will evaluate each proposal based on its technical
merit and cost. RISD will also consider the Vendor’s ability to provide the required services
in the allotted time, any previous work done for RISD, and references of similar projects. In
addition, the Vendors’ clear understanding of the RFP requirements and his willingness to
enter into an agreement with RISD to provide a quality solution will be weighed. The
inability of the Vendor to meet these qualifying factors may be cause for rejection of his
offer.
The following table describes this RFP’s evaluation criteria:
Category
Technical Merit
Price
Maturity
References
Weight
50%
30%
10%
10%
Description
Does the proposed solution meet RISD requirements
How does pricing compare to other responses
How widely deployed is the solution and how long has it
been deployable
Minimum three (Prefer K-12 education based)
5.4 Subcontractors
All subcontractors must be approved by RISD. The use of subcontractors does not relieve the
Prime of any responsibility to RISD. Additional information about subcontractors may be
requested before award. The intention of the Vendor to use subcontractors must be stated
in Tab 1 of his response in the Installation Plan. The subcontractor’s qualifications must be
placed in Tab 2.
The Vendor must identify any and all subcontractors he plans to use on the project. Failure
to disclose the use of subcontractors may lead to disqualification after award of contract. All
Subcontractors must pass RISD background checks as previously stipulated.
25
Richardson ISD RFP # 1057 Enterprise Backup
Place the following information into Tab 2, behind the Prime Vendor’s Company information:
1.
2.
3.
4.
5.
Subcontractor Name
Years Experience
Qualifications
Training
References
26
Richardson ISD RFP # 1057 Enterprise Backup
5.5 Signature
The undersigned certifies he/she is authorized to obligate the represented firm and further
agrees with all terms, conditions, and requirements of RISD’s RFP.
Firm Name
Address
Phone
Number
Signature
Printed
Title
Date
email address
27
Richardson ISD RFP # 1057 Enterprise Backup
6 Delivery and Installation
6.1 Delivery
6.1.1
All materials and equipment quoted shall be installed at the appropriate
building site(s). No equipment shall be ordered or installed prior to
authorization by RISD. Vendor shall not stock any materials or equipment prior
to receiving authorization for installation.
6.1.2
The equipment shall be delivered to its proper location and installed without
additional cost or expense to RISD, which shall not be deemed to have accepted
any equipment until the Date of Acceptance.
6.1.3
During the time between delivery and delivery sign-off by the district, RISD
cannot be held liable for any damages to or theft of any components. It will,
therefore, be the responsibility of the vendor to obtain insurance against loss,
theft and damage.
6.2 General Installation Requirements
The following apply if any appliances, servers, or other significant hardware items are
furnished under this contract:
6.2.1
Vendor shall re-verify installation locations with the Project Manager, prior to
installation. Prior to the furnishings or installation of any equipment, approval
of equipment, locations, layout, configuration and installation shall be obtained
from the Project Manager.
6.2.2
Vendor shall install, configure, and test all equipment
6.2.3
Vendor shall provide and install all miscellaneous cables and connectors
necessary to complete the installation.
6.3 Owner’s Responsibilities for Delivery and Installation
Please identify, in your response, the specific tasks that Richardson ISD must perform and/or
be responsible for in order to accomplish the delivery and installation of the system.
28
RICHARDSON INDEPENDENT SCHOOL DISTRICT
Richardson, Texas 75081
GENERAL STIPULATIONS AND CONDITIONS OF BID/ PROPOSAL
RFP # 1057 Enterprise Backup
NON-CONSTRUCTION
IF THERE ARE CONTRADICTIONS BETWEEN THE GENERAL STIPULATIONS AND CONDITIONS OF
BID/ PROPOSAL AND THE SPECIFICATIONS, WRITTEN OR VERBAL, THE GENERAL STIPULATIONS
AND CONDITIONS OF BID/ PROPOSAL SHALL CONTROL.
I.
INVITATION TO BID:
A.
Richardson Independent School District invites all interested and qualified Bidders to bid on all
proposals in accordance with directions available in the Purchasing Department, 970 Security
Row, Richardson, Texas. 75081.
B.
For the purpose and clarity of this document only, the word “District” will herein mean the
Richardson Independent School District and/or the Board of Trustees of Richardson, Dallas
County, Texas. As used herein, the word “Bidder” means any reliable person, entity, broker,
vendor, contractor, and/or manufacturer who wants to bid this contract or submit a proposal in
response to a request for catalog offer or request for proposal. The term “Bid” refers to all bids,
responses, proposals submitted hereunder.
C.
Cash discount will be taken into consideration in determining a contract award. All Bid responses
must be quoted with net pricing.
D.
The District will receive sealed proposals until date and time indicated on the Bid cover. Bids
must be delivered to the RISD Purchasing office. Whenever the specifications indicate a product
of a particular manufacturer, model or brand in the absence of any statement to the contrary by the
Bidder, the Bid will be interpreted as being for the exact brand, model, or manufacturer specified,
together with all accessories, qualities, etc., enumerated in the detailed specifications.
E.
Where a lump sum Bid is provided for, unit prices for each item shall be included for accounting
purposes. If quantities are increased or decreased as provided for in the “Annulments and
Reservations” section, the unit prices inserted in a lump sum Bid should be consistent with the
total amount quoted for the lumps sum Bid, since the lump sum Bid total will be increased or
decreased by the product of the quantity of the increases or decreases multiplied by the unit prices
for the item affected.
F.
All materials, supplies, copyrighted materials, furniture, and equipment for the District shall be
delivered F.O.B. Destination.
G.
RISD will give preference to materials, supplies, and provisions produced, manufactured, or
grown locally, provided such items are equal to articles offered by competitors outside of the local
area.
29
II.
ANNULMENTS AND RESERVATIONS:
A.
B.
C.
III.
IV.
The District reserves the right to reject Bids for any and all of the items, and/or to waive technical
defects, if in its judgement, the interest of the District shall so require.
The Director of Purchasing reserves the right to increase or decrease the given quantity plus or
minus fifteen percent (15%). In the event quantities are increased or decreased, the amount added
or deducted shall be based upon unit prices quoted.
The District also reserves the right to annul any contract, if it determines at its sole discretion that
the Bidder has failed at any time, to perform faithfully any contract requirements or, in the case of
any willful attempt to impose upon the District, materials, products, and/or work inferior to that
required by District, and any action taken in pursuance of this latter stipulation shall not affect or
impair any rights or claims of the District to the damages for the breach of any covenant of the
contract by the Bidder.
BID PREPARATION, SPECIFICATIONS SHEET, AND BID OPENING:
A.
An authorized representative of the Bidder must sign all Bids. It is the intent of this bid offer that
should a given bid/bids be accepted, it will automatically become a part of a binding contract.
Bidders shall list their bids on the appropriate attached sheets, which show the schedule of items to
be purchased. Each Bidder may attach a letter of explanation to their bid to explain any
information pertaining to the Bid/Bids.
B.
At the time of the Bid opening (as specified on the front cover and newspaper ad), the Director of
Financial Services, or his designee, shall open and record all Bids received,. Sufficient time will
be allotted to analyze all Bids received and the final recommendations shall be prepared for
District review and approval. Upon District approval, the Bidders shall be notified either by mail,
telephone, or purchase order of any award/awards.
C.
Wherever the District indicates the unit of measure required for bidding purposes, the District may
not recalculate the vendor’s price if it is based on a different unit of measure than that indicated in
any contract.
BILLING AND PAYMENT/DISCOUNTING:
A.
All invoices shall be submitted in duplicate and mailed in accordance with instructions as shown
on purchase order (unless otherwise noted).
All invoices shall be forwarded to:
RICHARDSON INDEPENDENT SCHOOL DISTRICT
ATTENTION ACCOUNTS PAYABLE DEPARTMENT
970 SECURITY ROW
RICHARDSON, TEXAS 75081
B.
Invoices will be returned for correction unless they contain the following information: Item
numbers; Description of Item; Quantity; RISD Purchase Order Number. The original and one
copy of the invoice shall be forwarded to the office listed above.
C.
Payment in full will be made only upon final acceptance of items as shown on Purchase Order.
Partial payments may be made if partial shipments have been received.
D.
The Bidders that request prompt payment of bills shall send signed delivery tickets with the
invoice to facilitate expedited payment.
E.
Delivery shall be F.O.B. to each individual location as noted on the Purchase Order. The District
will not pay freight bills sent collect.
30
F.
V.
Terms for payment, Net 30 days from receipt of complete/correct invoice. All discounts, including
prompt payment, shall be included in bid price.
BONDING:
Certain formal Bids will require bonding with the District and shall be indicated in the specifications sheet.
VI.
COLLUSION:
All Bidders shall sign the appropriate certification as provided on the signature sheet. The District may
reject any Bid that does not include the required certification.
VII.
VIII.
COMPLIANCE WITH SPECIFICATIONS AND PURCHASER’S RIGHT OF SELECTION:
A.
The Bidder shall abide and comply with the true intent of the specifications and not take advantage
of any unintentional error or omission.
B.
The District reserves the right to reject any or all Bids that comply with these specifications, or to
accept a higher bid that complies, when, in the judgment of the District, such Bid offers additional
value or function, which justifies the difference in price.
DEVIATIONS FROM SPECIFICATIONS:
All deviations from the specifications must be specified in writing by the Bidder, at the time the formal bid
is submitted. The absence of a written list of requested deviations or exceptions when the Bid is submitted
will hold the Bidder strictly accountable to the District to the specification or requirement as written. Any
deviation from the specifications as written not previously submitted, as required by the above, will be
grounds for rejection of the material and/or equipment when delivered. The District reserves the right to
reject or modify any requested exception or deviation. Excessive exceptions may result in disqualification
of a bid.
IX.
ERRORS IN BIDS: RELIEF OF BIDS:
Bidders or their authorized representatives shall fully inform themselves as to the conditions, requirements,
and specifications before submitting Bids. Failure to do so will be at the Bidder’s own risk. If a Bidder
makes errors in extension of prices in a Bid, the unit price shall govern at the discretion of the Director of
Purchasing.
All deviations from the specifications must be specified in writing by the Bidder, at the time the formal bid
is submitted. The absence of a written list of requested deviations or exceptions when the Bid is submitted
will hold the Bidder strictly accountable to the District to the specification or requirement as written. Any
deviation from the specifications as written not previously submitted, as required by the above, will be
grounds for rejection of the material and/or equipment when delivered. The District reserves the right to
reject or modify any requested exception or deviation. Excessive exceptions may result in disqualification
of a bid.
X.
GUARANTEE:
The Bidder shall unconditionally guarantee the materials and workmanship of all merchandise furnished
under Bid for a period of one year or longer from date of acceptance of the items delivered and installed
unless a different time period is required under the Bid specifications. If, within the guarantee period, any
defects or signs of deterioration are noted, which, in the opinion of the District is due to the faulty design
and installation, workmanship or materials, upon notification, the contractor, at its expense, shall repair or
adjust the equipment or parts to correct the condition, or replace the part or entire unit to the complete
satisfaction of the District. These repairs, replacements or adjustments shall be made only at such times as
will be designated by the District to cause the least disruption to the instructional programs.
31
XI.
XII.
INTENT AND LIMIT OF CONTRACT
A.
These specifications are intended to cover the various types of purchases of said materials,
supplies, or services as hereinafter shown to any or to each of the various public schools,
administrative facilities, or to any designated warehouse or warehouses in Richardson Independent
School District, whichever if specified, in quantities to be determined subsequent to the bid
opening. There are approximately 120 schools and offices in this District.
B.
It is understood that under the terms and conditions of this bid offer, the District reserves the right
to purchase any of the listed materials, supplies or services at bid prices submitted provided that it
shall be optional on the part of either party to terminate this contract at the expiration of twelve
months from the beginning date of any contract period upon notice in writing to the other party to
any contract no less than 30 days prior to the expiration of the twelve month period. This will be
the only opportunity for cancellation of this contract, except for extenuating causes.
“OR EQUAL” INTERPRETATION CLAUSE:
A.
Any time a particular manufacturer’s name or brand may be specified, it shall mean any product of
equal quality. Bids shall be considered on all other brands submitted and on the equal quality
product of other manufacturers. On all such Bids, the Bidder shall indicate clearly the product on
which it is bidding, and shall supply sufficient data, on its own letterhead, to enable an intelligent
comparison to be made with the particular brand or manufacturer specified.
B.
Catalog cuts and descriptive data shall be attached to the original copy of the Bid, where
applicable. Whenever the specifications indicate a product of a particular manufacturer, model, or
brand, and in the absence of any written statement to the contrary by the Bidder, the Bid shall be
interpreted as being for the exact brand, model or manufacturer specified, together with all the
accessories, qualities, etc., enumerated in detailed specifications. (See VIII A.)
Failure to submit the above information may result in rejection of bid.
XIII.
PACKING AND DELIVERY:
A.
All materials must be securely packed for proper protection and in quantities to be determined by
the Director of Purchasing for the District.
B.
All materials delivered pursuant to this bid offer shall be packed in a substantial manner in
accordance with accepted trade practice. No charges may be made over and above the Bid price
for packaging. Complete deliveries must be made by the successful vendor to the designated
location as indicated on Bid cover and/or purchase order after issuance of purchase orders by the
District. A packing slip and/or delivery ticket shall be included in each shipment. Each ticket shall
contain the following information for each item delivered: Purchase Order Number, Name of the
Article, Item Number, Quantity, and the Name of the Contractor.
Failure to comply with this condition shall be considered sufficient reason for refusal to accept the
goods or services awarded and ordered.
C.
All package materials shall be clearly and plainly marked. Example:
To: Richardson Independent School District,
Department: [state department]
Address: [address of department]
Purchase Order Number: [PO #]
32
XIV.
SAFETY REQUIREMENTS:
The Bidder/vendor shall provide all equipment, machinery and chemicals furnished and delivered to the
District complying in compliance of Safety Regulations as required by OSHA.
XV.
XVI.
SAMPLES: CATALOGS: CATALOG CUTS:
A.
Whenever asked for, a sample, properly tagged, shall be submitted by each Bidder before the time
of the Bid opening. The tag on the sample shall indicate the item number, the name of the
company submitting the sample, and the Bid number.
B.
The District will not be responsible for any samples that a Bidder has not picked up within 30 days
after being notified that the sample is no longer needed. Samples may be retained by the District
until Bidders are notified to remove them. Bidders agree that the District will incur no liability for
samples that are damaged, destroyed or consumed in the testing processes. Samples requested are
to be delivered to the Director of Purchasing, 970 Security Row, Richardson, Texas. 75081.
SIGNATURE TO BIDS:
Each Bid must show the full business address and telephone number of the Bidder and be signed by the
person or persons legally authorized to sign contacts. All correspondence concerning the Bid and contract,
including Notice of Award, and Purchase Order, will be mailed or delivered to the address shown on the
Bid in the absence of written instructions from the Bidder to the contrary.
XVII.
TAXES:
A.
The District is exempt from the payment of the Texas Sales Tax. Exemption Certificates for the
Federal Excise Tax may be furnished, if such should apply to any item purchased.
B.
Prices quoted shall not include federal excise or state sales and use taxes. Exemption certificates
will be furnished upon request.
C.
The District’s Tax Identification Number is 1-75-6002311-5.
XVIII. DELIVERY:
A.
All deliveries shall be made during the hours of 8:00 a.m. and 3:00 p.m. on all regularly scheduled
school days, except where otherwise noted by Purchasing Department.
B.
All deliveries shall be made inside school buildings, warehouse, offices, etc., and special
instruction for date of delivery shall be included in the general specifications.
C.
Special instructions shall be indicated by District in the specifications for exact time, date and
locations of equipment and machinery delivery for items, which are to be erected, set-up and
installed. For heavy equipment, materials or machinery requiring special handling, detailed
instructions shall be written in the specifications.
D.
Delivery of materials received centrally will be accepted by motor freight.
33
SIGNATURE SHEET
My/our signature below confirms that I/we:
1.
propose to furnish, package, mark, and deliver to the Richardson Independent School
District, the supplies, materials or equipment as required in the accompanying
specifications, and at the unit price indicated;
2.
certify that this Bid is made without any previous understanding, agreement, or
connection with any person, firm, or corporation making a bid for the same supplies,
material and equipment, and is in all respects fair and without collusion or fraud;
3.
certify that this firm is an equal opportunity employer and that all employment decisions
are made without regard to the color, race, sex, national origin, religion, age, or disability
status of otherwise qualified individuals; and
4.
certify that all material and equipment Bid by this firm and to be supplied to the
Richardson Independent School District meets all safety and health standards as
prescribed by the rules and regulations of the Occupational Safety and Health Act.
COMPANY NAME:
SIGNATURE:
By: __________________________________________
Title: ________________________________________
DATE SIGNED:
________________________________________________________________
ADDRESS:
TELEPHONE:
FAX:
E-MAIL:
________________________________________________________________
TERMS:
Complete and return with bid/proposal
34
CERTIFICATION
REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS
I.
(a)
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
In accordance with the provisions of Appendix A to 49 CFR (Code of Federal Regulations), Part
29, the offeror certifies to the best of the offeror’s knowledge and belief, that it and its principals:
(1)
are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal, State or Local
Government department or agency;
(2)
have not within a three (3) year period preceding this offer been convicted of or had a
civil judgment rendered against them for the commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(3)
are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local with commission of any of the offenses
enumerated in (a)(2) above; and
(4)
have not within a three (3) year period preceding this offer had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(b)
Where the offeror is unable to certify to any of the statements above, the offeror shall attach a full
explanation to this offer.
(c)
For any subcontract at any tier expected to equal or exceed $25,000:
(1)
In accordance with the provisions of Appendix B to 49 CFR, Part 29, the
prospective lower tier subcontractor certifies, by submission of this offer, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2)
Where the prospective lower tier participant is unable to certify to the statement,
above, an explanation shall be attached to the offer.
(3)
This certification (specified in paragraphs (c)(1) and (c) (2), above, shall be
included in all applicable subcontracts and a copy kept on file by the prime
contractor. The prime contractor shall be required to furnish copies of the
certifications to the Authority upon request.
35
II.
FELONY CONVICTION NOTIFICATION AND CRIMINAL
BACKGROUND CHECK
(a)
Offeror must give advance notice to the Owner 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. The District may terminate any Agreement or
if the Owner determines that the person or business entity failed to give notice as required by this
paragraph or misrepresented the conduct resulting in the conviction. This paragraph requiring
advance notice does not apply to a publicly held corporation. :
(b)
Offeror will obtain criminal history record information that relates to an employee, applicant for
employment, or agent of the Offeror if the employee, applicant, or agent has or will have
continuing duties related to the contracted services; and the duties are or will be performed on
school property or at another location where students are regularly present. The Offeror certifies
to the Owner before beginning work and at no less than an annual basis thereafter that criminal
history record information has been obtained. Offeror shall assume all expenses associated with
the background checks, and shall immediately remove any employee or agent who was convicted
of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from Owner
property or other location where students are regularly present. District shall be the final decider
of what constitutes a “location where students are regularly present.” Offeror’s violation of this
section shall constitute a substantial failure.
(c)
If the Offeror is the person or owner or operator of the business entity, that individual may not
self-certify regarding the criminal history record information and its review, and must submit
original evidence acceptable to the District with this Agreement showing compliance.
Signature below acknowledges compliance with Section I.
DEBARMENT, SUSPENSION, INELIGILITY AND VOLUNTARY
EXCLUSION and Section II. FELONY CONVICTION
NOTIFICATION AND CRIMINAL BACKGROUND CHECK.
SIGNATURE OF OFFEROR:
DATE: __________________
PRINTED/TYPED NAME OF OFFEROR:____________________________________
COMPANY NAME: ______________________________________
TEL#: ______________________
Complete and return with bid/proposal
36
RICHARDSON INDEPENDENT SCHOOL DISTRICT
STATEMENT OF EQUAL OPPORTUNITY AND NON-DISCRIMINATION
The Richardson Independent School District is committed to fair and equal competition
among all vendors. It is the policy of the Richardson ISD to encourage participation in
the competitive bid process by all interested parties. The Richardson ISD does not
discriminate against any otherwise qualified vendor because of the vendor’s race, color,
national origin, age, religion, sex, or disability.
37
RICHARDSON INDEPENDENT SCHOOL DISTRICT
PURCHASING DEPARTMENT
Notice to Vendors:
Conflict of Interest Questionnaire Required by Chapter 176 of
the Texas Local Government Code
Effective January 1, 2006, any person or entity who contracts or seeks to contract with RISD for
the sale or purchase of property, goods, or services (as well as agents of such persons) (hereafter
referred to as Vendors) are required to file a Conflict of Interest Questionnaire with the District.
Each covered person or entity who seeks to or who contracts with RISD is responsible for
complying with any applicable disclosure requirements. RISD will post the completed
questionnaires on its website.
The Conflict of Interest Questionnaire must be filed:

No later than the seventh business day after the date that the Vendor begins contract
discussions or negotiations with the government entity, or submits to the entity an
application, response to a request for proposal or bid, correspondence, or other writing
related to a potential agreement with the entity.

The Vendor also shall file an updated questionnaire not later than September 1 of each
year in which a covered transaction is pending, and the seventh business day after the
date of an event that would make a statement in the questionnaire incomplete or
inaccurate.
Note: A Vendor is not required to file an updated questionnaire if the person had filed an updated
statement on or after June 1, but before September 1 of the year.
Please sign and return the following Conflict of Interest Questionnaire from the Texas Ethics
Commission with your bid/proposal to the following address:
Richardson Independent School District
Attn: Purchasing Department
970 Security Row
Richardson, Texas 75081
The Local Government Officers of the Richardson Independent School District are:
Board of Trustees:
Luke Davis
Karen Ellis
Kim Caston
Lanet Greenhaw
Kim Quirk
David Tyson
Karen Holburn
Interim Superintendent: Carolyn G. Bukhair Ph.D.
38
39
INTERLOCAL AGREEMENT CLAUSE
Richardson ISD is a participating member of the Collin County Governmental Purchasers Forum
(CCGPF) and Educational Purchasing Cooperative of North Texas (EPCNT). As such the
Richardson ISD has executed Interlocal Agreements, as permitted under Chapter 791 of the
Government Code with certain other governmental entities in CCGPF and EPCNT authorizing
participation in a cooperative purchasing program.
Several governmental entities in proximity to the Richardson Independent School District have
indicated an interest in being included in this contract. Should these governmental entities decide
to participate in this contract, would you, (the vendor) agree that all terms, conditions,
specifications, and pricing apply?
_____ Yes
_____ No
If you (the Vendor) checked yes, the following will apply.
Governmental entities utilizing Internal Governmental contracts with the Richardson Independent
School District will be eligible, but not obligated, to purchase materials/services under the
contract(s) awarded as a result of this solicitation. All purchases made by a governmental entity
other than Richardson Independent School District will be billed directly to that governmental its
own material/service as needed.
PLEASE RESPOND AND RETURN WITH BID/PROPOSAL
40