Software as a Service (SaaS), Cybersecurity Assessments, and Related Products and Services

expired opportunity(Expired)
From: The Local Government Purchasing Cooperative(Co-op)
started - 14 Sep, 2022 (2 months ago)

Start Date

14 Sep, 2022 (2 months ago)
due - 14 Sep, 2022 (2 months ago)

Due Date

29 Sep, 2022 (2 months ago)
Bid Notification

Opportunity Type

Bid Notification
692-23

Opportunity Identifier

692-23
The Local Government Purchasing Cooperative

Customer / Agency

The Local Government Purchasing Cooperative
400, Austin, Texas 78767

Location

400, Austin, Texas 78767
unlockUnlock the best of InstantMarkets.
Please Sign In to see more out of InstantMarkets such as history, intelligent business alerts and many more.

Don't have an account yet? Create a free account now.

12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Notice and Instructions COMM/SVCS/CONST.v.08.11.2021 Responding vendors must read all sections of this Proposal Invitation carefully. Even if your company has submitted proposals on previous BuyBoard proposal invitations, terms and requirements may have changed. NOTICE OF PROPOSAL INVITATION The Local Government Purchasing Cooperative d/b/a BuyBoard® (Cooperative), 12007 Research Blvd., Austin, Texas 78759 is a statewide purchasing cooperative for school districts, junior colleges, cities, counties, and other political subdivisions. The Texas Association of School Boards, Inc. (TASB), a Texas nonprofit corporation, 12007 Research Blvd., Austin, Texas 78759, serves as the Cooperative’s administrator. The Cooperative is endorsed by TASB, the Texas Municipal League (TML), a Texas unincorporated nonprofit association, 1821 Rutherford Lane, Austin, Texas 78754, and the Texas Association of Counties (TAC), a Texas nonprofit association, 1204 San Antonio, Austin, Texas 78701. The Cooperative’s contracts for commodities and services are available to the members of TASB, TML, and TAC, and other local governmental entities that are members of the Cooperative and eligible to purchase through a government purchasing cooperative or interlocal contract. TASB, the Cooperative administrator, provides an online marketplace to the Cooperative known as the BuyBoard which enables members to review available contracts and make purchases of awarded commodities and services electronically. The Cooperative is soliciting sealed proposals for products, supplies, services and/or equipment as set forth in this Proposal Invitation on behalf of all present and future members of the Cooperative. There may be over 1,000 Texas public school districts and junior colleges, over 900 municipalities, 400 counties, and numerous other political subdivisions (i.e. river authorities, special districts, public housing authorities, etc.) participating in the Cooperative at any given time. Awarded products and services may also be available to the administrator’s nonprofit entity BuyBoard subscribers and, in the event of a piggyback award, members of the National Purchasing Cooperative located throughout the United States as further explained in the Proposal Invitation. Completed sealed proposals for Proposal No. 692-23 for Software as a Service (SaaS), Cybersecurity Assessments, and Related Products and Services must be received on or before 4:00 PM September 29, 2022, either by submitting the Proposal electronically through the Cooperative’s designated website or by hard copy submission as set out in the Instructions to Proposers. Late proposals will not be accepted. Unless a different time period is stated in the General Information document for this Proposal Invitation, questions, requests for information or clarification, or comments regarding this Proposal Invitation, including the specifications, must be submitted in writing, addressed as indicated below, and received by the Cooperative administrator no later than the 10th business day before the Proposal Due Date. The Cooperative will respond only to written questions. The Local Government Purchasing Cooperative Attn: TASB Asst. Division Director, Cooperative Procurement 12007 Research Blvd. Austin, TX 78759 E-Mail: bids@buyboard.com Page 1 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Notice and Instructions COMM/SVCS/CONST.v.08.11.2021 PROPOSAL INVITATION NO. 692-23 TABLE OF CONTENTS NOTICE AND INSTRUCTIONS Page Notice of Proposal Invitation 1 Instructions to Proposers 4 GENERAL INFORMATION General Information 7 PROPOSAL FORMS Proposer’s Acceptance and Agreement 10 PROPOSAL FORMS PART 1: COMPLIANCE FORMS Proposal Acknowledgements 11 Felony Conviction Disclosure 12 Resident/Nonresident Certification 13 Debarment Certification 13 Vendor Employment Certification 13 No Boycott Verification 14 No Excluded Nation or Foreign Terrorist Organization Certification 15 Historically Underutilized Business Certification 15 Acknowledgement of BuyBoard Technical Requirements 15 Construction-Related Goods and Services Affirmation 16 Deviation and Compliance 17 Vendor Consent for Name Brand Use 18 Confidential/Proprietary Information 19 EDGAR Vendor Certification 21 Compliance Forms Signature Page 25 PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS Vendor Business Name 26 Vendor Contact Information 27 Federal and State/Purchasing Cooperative Experience 27 Governmental References 28 Company Profile 28 Texas Regional Service Designation 29 State Service Designation 30 Page 2 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Notice and Instructions COMM/SVCS/CONST.v.08.11.2021 National Purchasing Cooperative Vendor Award Agreement 31 Local/Authorized Seller Listings 33 Manufacturer Dealer Designation 34 Proposal Invitation Questionnaire 35 Vendor Request to Self-Report BuyBoard Purchases 37 Proposal Specification Summary 38 Required Forms Checklist 40 GENERAL TERMS AND CONDITIONS General Terms and Conditions 41 APPENDICES Appendix I: BuyBoard Technical Requirements 68 Appendix II: Additional Terms and Conditions for BuyBoard Self-Reporting 71 Page 3 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Notice and Instructions COMM/SVCS/CONST.v.08.11.2021 INSTRUCTIONS TO PROPOSERS Electronic Proposal Submission The Cooperative requests that Vendors submit Proposals electronically in accordance with the instructions herein via the link available on the following website:  buyboard.com/vendor There is no cost to the Vendor to register or use the electronic proposal submission option. To the extent a vendor is unable to submit a Proposal electronically through the proposal website, instructions for hard copy submissions are provided below. Before you submit  In order to submit a Proposal electronically, you must have a working registered vendor username and password to login. If you do not have a registered vendor username and password, you may obtain one by registering at buyboard.com/vendor. Note to ex isting BuyBoard vendors: The registered vendor login used for electronic proposal submission is NOT the same as your ex isting login used to check purchase orders or similar vendor information under awarded contracts. Vendors are highly encouraged to ensure you have a working vendor login well in advance of the submission deadline.  Vendor is responsible for ensuring it has the technical capability to submit its Proposal via electronic submission.  Browser requirements can be found at https://buyboard.ionwave.net/BrowserCompatibility.html.  VENDOR SHALL BE SOLELY RESPONSIBLE FOR ENSURING TIMELY SUBMISSION OF VENDOR’S PROPOSAL. Neither the Cooperative nor the Cooperative administrator shall be responsible for equipment or software failure, internet or website downtime, corrupt or unreadable data, or other technical issues that may cause delay or non-delivery of a Proposal or inaccessibility of the submitted data. Accordingly, Vendors are highly encouraged to prepare and allow for sufficient time to familiarize itself with the electronic submission requirements and to address any technical or data issues prior to the Proposal Due Date. How to submit Proposal electronically  Login using your registered vendor login at buyboard.com/vendor under the “Register/Login/Submit Proposal” link.  The page will open to the list of “Available Bids.”  Click on the applicable Proposal Invitation number under the “My Invitations” or “Other Bid Opportunities” section to view this Proposal Invitation request.  Review and follow all instructions on the w ebpage.  VENDOR INFORMATION – Select the “Attributes” tab to locate the Vendor Contact Information fields required to be completed and submitted.  Vendors must respond to each item by providing the information requested. If you fail to complete any of the line items, you will receive an error and will be unable to submit your Proposal.  PROPOSAL SPECIFICATIONS – Select the “Line Items” tab to locate the Proposal Specifications.  Input all required proposal pricing information (discount (%) off catalog/pricelist, line item pricing, hourly labor rates, and/or other related pricing information) as specified. Page 4 of 75 http://www.buyboard.com/ http://www.buyboard.com/vendor http://www.buyboard.com/vendor http://www.buyboard.com/vendor https://buyboard.ionwave.net/BrowserCompatibility.html http://www.buyboard.com/vendor 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Notice and Instructions COMM/SVCS/CONST.v.08.11.2021  Vendors must respond to each line item by either providing the information requested in the specifications, adding alternates to provide additional information (as necessary), or by indicating no bid. If you fail to complete any of the line items, you will receive an error and will be unable to submit your Proposal.  Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit the information as follows or the Proposal may not be considered: i. Manufacturers shall be listed in alphabetical order ii. Vendor must list one specific percentage discount for each manufacturer listed. Use the “Add Alternates” option as needed to add additional manufacturers.  PROPOSAL DOCUMENTS - To upload your Proposal documents, select the “Response Attachments” tab and upload a signed, complete copy of your Proposal in searchable PDF format, including all required proposal documents (Proposal Forms, and any other documents required by the Proposal Invitation). Electronic Catalogs/Pricelists must be submitted with the Proposal in the format required by these Instructions to Proposers or it will not be considered.  PROPOSAL SUBMISSION - Select the “Response Submission” tab to submit the Proposal.  If an error or multiple errors occur, the system will display the location of the error(s).  Go to the problem area and correct the errors. You must go to the specific tab(s) that contain(s) the error(s) to review the error detail and correct the error(s). Your submission w il l not be submitted until all errors are corrected.  Once all errors are corrected, proceed to the “Response Submission” tab to submit the response. How to submit hard copy Proposal – Paper copies w ill NOT be accepted While the Cooperative requests electronic submission of Proposals through the designated website, any Vendor without the technical capability or wishing to submit a hard copy Proposal may do so in accordance with the following instructions:  Contact BuyBoard staff at bids@buyboard.com to request a copy of the Proposal Specification Form and other forms not included in this packet in hard copy form at least five (5) business days prior to the Proposal Due Date.  Submit the signed, completed Proposal in a sealed envelope or carton properly marked with the Proposal Invitation number and Proposal submittal date and time and containing all required proposal documents (including forms, completed Proposal Specification Form, and any other documents required by the Proposal Invitation). The Proposal must be submitted in electronic, searchable PDF format on a USB flash drive, CD or DVD. Paper copies will NOT be accepted.  The Proposal Specification Form and Electronic Catalogs/Pricelists must be submitted with the Proposal in the format required by these Instructions to Proposers or it will not be considered.  Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit the information as follows or the Proposal may not be considered: a. Manufacturers shall be listed in alphabetical order b. Vendor must list one specific percentage discount for each manufacturer listed.  Any hard copy electronic Proposals must be delivered via hand delivery or U.S. Mail to the address below so as to be received on or before the Proposal Due Date and time: The Local Government Purchasing Cooperative 12007 Research Blvd. Austin, TX 78759 Page 5 of 75 http://www.buyboard.com/ mailto:bids@buyboard.com 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Notice and Instructions COMM/SVCS/CONST.v.08.11.2021 VENDOR SHALL BE SOLELY RESPONSIBLE FOR ENSURING TIMELY SUBMISSION OF VENDOR’S PROPOSAL. Neither the Cooperative nor the Cooperative administrator shall be responsible for Proposals delivered late by the United States Postal Service or any other delivery or courier service. Further, neither the Cooperative nor the Cooperative administrator shall be responsible for Proposals delivered in a corrupt or unreadable electronic format. Faxed and/ or emailed Proposals w ill NOT be accepted. REQUIREMENTS FOR VENDOR CATALOGS/PRICELISTS IN PROPOSALS Note: The following instructions set forth the requirements for Vendor catalogs/pricelists submitted with Proposals for proposal evaluation purposes. If awarded a Contract, Vendor may be required to resubmit catalogs/pricelists in the format described in the BuyBoard Technical Requirements as detailed further in the Proposal Invitation. Electronic catalogs/pricelists must be submitted with Vendor’s Proposal in the required format (whether submitted electronically through the designated website or in hard copy format via mail or hand delivery) or the Proposal will not be considered. The following is required of all Vendor catalog(s)/pricelist(s) submitted to the Cooperative for evaluation with the Proposal: Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Below is a sample chart, with examples of data for each field, showing the data fields that Vendors MUST include in each submitted pricelist/catalog with the Proposal: BuyBoard Specification Item No. Category Part/Item Number Item Description MSRP/List Price (before BuyBoard Discount) 1 1234 Desk $50.00 2 1235 Chair $20.00 The catalogs/pricelists must include all listed data fields (BuyBoard specification category, part/item number, item description, and list price) or the Proposal will not be considered. Catalogs and pricelists should contain only items that relate to the items requested in the specifications. Vendors are discouraged from including irrelevant or non-responsive information with their Proposal. The Cooperative reserves the right to deem a Proposal non-responsive if the Proposal, including catalogs or pricelists submitted with the Proposal, do not specifically relate to the intent of the Proposal Invitation or contain what the Cooperative deems to be, in its sole discretion, excessive irrelevant or non-responsive information, including information which makes it burdensome or impractical for the Cooperative to identify responsive products and pricing. WITHDRAWAL OR MODIFICATION OF PROPOSALS Proposals may be withdrawn or modified prior to the Proposal Due Date and time, but only in accordance with section B.11 (Withdrawal or Modification of Proposal) of the General Terms and Conditions in this Proposal Invitation. Page 6 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com General Information COMM/SVCS V.03.01.2021 GENERAL INFORMATION Proposal Invitation No. 692-23 Software as a Service (SaaS), Cybersecurity Assessments, and Related Products and Services *P lease make sure that you have review ed and completed all sections of this Proposal Invitation. 1. Notice of Proposal Invitation and Instructions to Proposers 2. General Information 3. Proposal Forms 4. Proposal Specifications 5. General Terms and Conditions 6. BuyBoard Technical Requirements 7. Additional Terms and Conditions for BuyBoard Self-Reporting PROPOSAL SUBMISSION INSTRUCTIONS Proposal responses (including completed and signed Proposal Invitation forms, completed Proposal specifications, and pricelists/catalogs) must be submitted in electronic format in the manner prescribed in the Instructions to Proposers. INTENT AND PURPOSE OF THE CONTRACT The intent of this Proposal Invitation is to solicit sealed Proposals to establish a contract for various types of Software as a Service (SaaS), Cybersecurity Assessments and Related Products and Services that may be procured by Cooperative members. Because individual members require different products, and/or services, this Proposal Invitation is a request for a discount off of catalog or price list for products and services. Purchases can be made by a Cooperative member at any time during the Contract term. Except as provided in section E.4 of the General Terms and Conditions or otherwise in this Proposal Invitation, Vendor shall hold its Awarded Pricing firm during the Contract term. In the event of price decreases, such price decreases shall be allowed for all products. TERM OF CONTRACT The term of this contract will be from April 1, 2023, through March 31, 2024, with two possible one-year renewals. As set forth in the General Terms and Conditions, an awarded Vendor has no right to or vested interest in contract renewal. The determination as to whether to renew or non-renew any Vendor Contract, in whole or in part, shall be in the sole discretion of the Cooperative. For purposes of this Proposal Invitation, a Vendor must generate a minimum of $15,000 through the Contract during an annual contract term or may not be offered a renewal. A Vendor’s failure to generate this minimum amount may also be considered by the Cooperative as part of Vendor’s past performance evaluation on future proposal invitations. VALUE OF CONTRACT The estimated value of this contract is $10,751,951; however, this estimate is based on prior contracts for similar types of products and services and should not be construed to be a guaranty of either a minimum or maximum amount since usage may be dependent upon multiple factors including Cooperative members’ actual needs and available funding. Page 7 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com General Information COMM/SVCS V.03.01.2021 SERVICE FEE An awarded Vendor under this Proposal Invitation must pay the Cooperative a service fee in the amount of 2% per Purchase Order generated from any contract awarded under this Proposal Invitation, and the service fee is to be included in the Awarded Pricing. Vendor agrees to pay this service fee and remit the fee to the Cooperative in Austin, Texas, promptly upon payment by the Cooperative member for any Purchase Order(s) and within 30 days of the date of each service fee invoice. As set forth in more detail in the General Terms and Conditions, an awarded Vendor will be required to provide the Cooperative with copies and/or reports of all Purchase Orders generated from Vendor’s Contract(s) that Vendor receives directly from Cooperative members, Vendor Invoices, and/or such other documentation regarding Cooperative member purchases under any awarded Contract as the Cooperative administrator may require in its reasonable discretion. The Cooperative shall have the right, upon reasonable written notice, to review records of awarded Vendors pertaining to purchases under any awarded Contract to verify purchase activity under the Contract, the accuracy of service fees payable by Vendor, or as otherwise reasonably necessary for the administration of the Contract or when required by law. CONFIDENTIAL INFORMATION Any information submitted by Proposer that Proposer considers to be confidential must be clearly identified as such on the Confidential/Proprietary Information Form. ADDITIONAL INFORMATION: SOFTWARE AS A SERVICE (SaaS) AND MEMBER SOFTWARE AGREEMENT For purposes of this proposal invitation, Software as a Service (SaaS) shall be defined as a software application, web- based enterprise application, and/or cloud-based operations management software with a delivery model in which the software is licensed on a subscription basis and is centrally hosted by the software provider. It is the intent of this Proposal Invitation to solicit only products for which the SaaS product is offered as a standalone product. SaaS which is only offered by Vendor in conjunction with the sale of tangible equipment and/or products will not be considered for purposes of this proposal invitation. A Cooperative member procuring SaaS and other products and services under any Contract awarded under this Proposal Invitation will likely negotiate and require Vendor to enter into a Member Software Agreement, as defined in the General Terms and Conditions, with additional terms that are specific to the Cooperative member’s software and service needs including, but not limited to, configuration, integration, data security and access, licensing requirements, maintenance, updates, and other requirements. As provided in more detail in the General Terms and Conditions, including Section D.4 (Applicable Terms and Conditions; Ancillary Agreements), any ancillary agreement, including Member Software Agreement, must be in writing, signed by a representative of the Cooperative member with all necessary authority to accept the agreement. In regard to any subscription agreements, license agreements, website terms and conditions, terms of use, privacy policies, or similar terms, Vendor must provide such terms to the Cooperative member in writing prior to purchase, and such terms (including any Vendor amendments thereto) shall only be effective and binding on the Cooperative member if specifically approved by the Cooperative member in writing, signed by an authorized representative of the Cooperative member. Such ancillary agreement(s) shall not be approved by the Cooperative at the Cooperative level. AWARD AND EVALUATION All information required by this Proposal Invitation, including catalogs/pricelists where required by the Proposal Specifications, must be submitted with the Proposal or your Proposal will be deemed nonresponsive. Responsive Proposals will be evaluated, and any Contracts will be awarded based on the evaluation and award criteria as set out in Section C.2 of the General Terms and Conditions determined to provide best value to Cooperative members. Page 8 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com General Information COMM/SVCS V.03.01.2021 COMPLIANCE WITH APPLICABLE LAWS By submitting a Proposal, the Proposer certifies that Proposer has provided its valid, proper and correct business entity name and information in its Proposal, that such entity is operating in good standing with the proper authority from whatever state or local jurisdiction is required, and Proposer has obtained, and, if awarded, will continue to maintain during the entire term of this Contract, all permits, approvals, and/or licenses necessary for lawful performance of its obligations under this Contract. Proposer further certifies that, if awarded, Proposer will comply with all applicable state, federal, and local laws, rules, and regulations in regard to awarded products and/or services. BUYBOARD WEBSITE AND TECHNICAL REQUIREMENTS Information on awarded Contracts, including awarded products and services under this Proposal Invitation, will be available to Cooperative members on the online marketplace platform utilized by the Cooperative: the BuyBoard. Vendors should review and confirm Vendor’s ability to meet the BuyBoard Technical Requirements contained in Appendix I of this Proposal Invitation. The BuyBoard Technical Requirements may be updated from time to time as set forth in the General Terms and Conditions. To the extent a Vendor is awarded a Contract under this Proposal Invitation but is unable to meet the applicable BuyBoard Technical Requirements and provide the information in the format required by those requirements, Vendor acknowledges that the information available on the BuyBoard for Vendor’s awarded products or services may be limited. This may place Vendor at a disadvantage and impact the ability of Cooperative members to search, find, review, and purchase Vendor’s awarded products and services through the BuyBoard website. To improve and enhance the experience of Cooperative members seeking to procure goods and services, the Cooperative may also, in its sole discretion, provide Vendors with an opportunity to have Vendor’s logo, product images, and similar brand and trademark information included in the BuyBoard online marketplace in relation to Awarded Items. Vendors shall review the BuyBoard Vendor Consent for Name Brand Use included with the Proposal Forms in this Proposal Invitation. PROFESSIONAL ENGINEERING AND OTHER PROFESSIONAL SERVICES EXCLUDED The scope of services in this Proposal Invitation and any resulting contract award do not include services that are required to be procured under the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code), including without limitation architecture and professional engineering services. DELIVERY RESPONSE Unless otherwise noted in the Proposal (as a deviation) or the Purchase Order or Member Software Agreement, routine delivery response to a Cooperative member shall be within ten (10) business days after receipt of a Purchase Order, and delivery shall be made during the ordering Cooperative member’s normal business hours. Any Cooperative member may request emergency delivery. Awarded Vendors shall use their best efforts to comply with rush or emergency requests. However, if the Vendor cannot fulfill the emergency delivery requirements, the Cooperative member may procure the products or services from alternative sources without penalty. ADDITIONAL REQUIREMENTS FOR PURCHASES USING FEDERAL GRANT FUNDS (2 C.F.R. 200 Uniform Guidance/EDGAR) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. 200 (sometimes referred to as the “Uniform Guidance” or new “EDGAR”). All Vendors submitting a Proposal must complete the EDGAR Vendor Certification Form contained in the Proposal Forms regarding their willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This information will not be used for evaluation purposes but Page 9 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com General Information COMM/SVCS V.03.01.2021 will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. Page 10 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 PROPOSER’S ACCEPTANCE AND AGREEMENT Proposal Invitation Name: Software as a Service (SaaS), Cybersecurity Assessments, and Related Products and Services Proposal Due Date/Opening Date and Time: September 29, 2022, at 4:00 PM Proposal Invitation Number: 692-23 Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: Contract Term: April 1, 2023, through March 31, 2024, with two possible one-year renewals. February 2023 By signature below , the undersigned acknow ledges and agrees that you are authorized to submit this Proposal, including mak ing all acknow ledgements, consents, and certifications herein, on behalf of Proposer and, to the best of your know ledge, the information provided is true, accurate, and complete. Name of Proposing Company Date _________________________________ Street Address Signature of Authorized Company Official City, State, Zip Printed Name of Authorized Company Official Telephone Number of Authorized Company Official Position or Title of Authorized Company Official _________________________________________ Fax Number of Authorized Company Official Federal ID Number Page 11 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1:  Proposal Acknowledgements  Felony Conviction Disclosure  Resident/Nonresident Certification  Debarment Certification  Vendor Employment Certification  No Boycott Verification  No Excluded Nation or Foreign Terrorist Organization Certification  Historically Underutilized Business Certification  Acknowledgement of BuyBoard Technical Requirements  Construction-Related Goods and Services Affirmation  Deviation and Compliance  Vendor Consent for Name Brand Use  Confidential/Proprietary Information  EDGAR Vendor Certification  Compliance Forms Signature Page An authorized representative of Proposer must initial in the bottom right corner of each page where indicated and complete and sign the Compliance Forms Signature Page. Proposer’s failure to fully complete, initial, and sign forms as required may result in your Proposal being rejected as non-responsive. PROPOSAL ACKNOWLEDGEMENTS The proposing company (“you” or “your”) hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, appendices, item specifications, and line items (collectively “Requirements”); 2. By your response (“Proposal”) to this Proposal Invitation, you propose to supply the products or services submitted at the pricing quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. By your Proposal, you acknowledge and certify all items set forth in the General Terms and Conditions, Section B.12 (Certifications), including all non-collusion certifications and certifications regarding legal, ethical, and other matters set forth therein. 4. Any and all deviations and exceptions to the Requirements have been noted in your Proposal on the required form and no others will be claimed; Initial: _____ Page 12 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 5. If the Cooperative accepts any part of your Proposal and awards you a Contract, you will furnish all awarded products or services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similarly situated customers in similar circumstances; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by the National Purchasing Cooperative or nonprofit entity, in which event you will offer the awarded products and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your Contract; 6. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under the Texas Public Information Act or similar public information law; 7. The individual submitting this Proposal is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form or Proposal document) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 8. You have carefully reviewed your Proposal, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 9. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Proposal Invitation, termination of a contract award, or any other remedy or action provided for in the General Terms and Conditions or by law. FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Section 44.034 further states in Subsection (b): “A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” Please check (√) one of the following: My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) My company is not owned or operated by anyone who has been convicted of a felony. My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): _____________________________________________________________________________________ Details of Conviction(s):________________________________________________________________________________ ____________________________________________________________________________________________________ Initial: _____ Page 13 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a “resident” proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A “nonresident” proposer is a person who is not a Texas resident. Please indicate the status of your company as a “resident” proposer or a “nonresident” proposer under these definitions. Please check (√) one of the following: I certify that my company is a Resident Proposer. I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company’s principal place of business is located): ______________________________________________ _______________________________________________ Company Name Address ______________________________________________ _____________ ___________________________ City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? Yes No B. What is the prescribed amount or percentage? $_______________ or ______________% DEBARMENT CERTIFICATION By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor’s ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check (√) one of the following: Yes No Initial: ______ Page 14 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 NO BOYCOTT VERIFICATION A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel and will not boycott Israel during the term of the contract (TEX. GOV’T CODE Ch. 2271), (2) does not boycott energy companies and will not boycott energy companies during the term of the contract (TEX. GOV’T CODE Ch. 2274 effective September 1, 2021), and (3) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association (TEX. GOV’T CODE Ch. 2274 effective September 1, 2021). Accordingly, this certification form is included to the extent required by law. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEX. GOV’T CODE §808.001(1). “Boycott energy company” means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A). TEX. GOV’T CODE §809.001(1) (effective September 1, 2021). “Discriminate against a firearm entity or firearm trade association” means, (A) with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association. TEX. GOV’T CODE §2274.001(3) (effective September 1, 2021). By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel, boycott energy companies, or discriminate against a firearm entity or firearm trade association and will not do so during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Initial: _____ Page 15 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature on the Compliance Forms Signature Page, I certify and verify that Vendor is not on the Texas Comptroller’s list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or “MWBE” and all referred to in this form as a “HUB”) is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The BuyBoard website will indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. Please check (√) all that apply: I certify that my company has been certified as a HUB in the following categories: Minority Owned Business Women Owned Business Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: ____________________________________________________ Name of Certifying Agency: _______________________________________________ My company has NOT been certified as a HUB. ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements included in this Proposal Invitation. By signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements, and certifies that Vendor is able to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technical Requirements, if any, to which your company cannot or will not comply.] Note: In accordance with the General Terms and Conditions of the Contract, to the extent Vendor is awarded a Contract under this Proposal Invitation but is unable or unwilling to meet the applicable BuyBoard Technical Requirements, the information available on the BuyBoard for Vendor’s awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor’s awarded products and services on the BuyBoard website. Further, to the extent Vendor has acknowledged ability to meet and comply with the BuyBoard Technical Requirements, any subsequent failure or refusal by Vendor to promptly provide information upon request to the Cooperative administrator in accordance with those technical requirements may be deemed an event of default under the Contract. Initial: _____ Page 16 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION The Cooperative issued the BuyBoard Procurement and Construction-Related Goods and Services Advisory for Texas Members (“Advisory”), which provides information specifically relevant to the procurement of construction-related goods and services by Texas Cooperative members. The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member’s procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. Because many BuyBoard contracts include goods or installation services that might be considered construction-related, Proposer must make this Construction Related-Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. A contract awarded under this Proposal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Advisory (“Advisory”), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This Proposal Invitation and any Contract awarded thereunder does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. By signature on the Compliance Forms Signature Page, Proposer affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction- related goods or services to a Cooperative member under a Contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before accepting the member’s Purchase Order or other agreement for construction-related goods or services. Initial: ______ Page 17 of 75 http://www.buyboard.com/ https://www.buyboard.com/Vendor/Resources.aspx https://www.buyboard.com/Vendor/Resources.aspx 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. Prior to completing this form, Vendor shall review the General Terms and Conditions section B.4 (Deviations from Item Specifications and General Terms and Conditions). Please note that, as provided in section B.4, certain provisions of the General Terms and Conditions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by the Cooperative. Any attempted deviation, whether directly or indirectly, to provisions identified in this Proposal Invitation as not subject to deviation shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor’s Proposal being rejected in its entirety. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a Contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative, by and through the Cooperative administrator, may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a Proposal based upon any submitted deviation. Please check (√) one of the following: No; Deviations Yes; Deviations List and fully explain any deviations you are submitting: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Initial: _____ Page 18 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 VENDOR CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases using a Contract awarded under this Proposal Invitation may view information regarding awarded Vendors, including but not limited to product catalogs, pricelists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience of BuyBoard members seeking to procure goods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product images, and similar brand and trademark information provided by Vendor for purposes of the Contract (“Vendor Information”) may be posted on the BuyBoard website. You acknowledge that, by submitting your Proposal, unless you specifically opt out below, you consent to use of your company’s Vendor Information on the BuyBoard website if awarded a Contract. You further acknowledge that whether, where, and when to include the Vendor Information on the BuyBoard website shall be at the sole discretion of the BuyBoard Administrator. Vendor retains, however, the right of general quality control over the BuyBoard Administrator’s authorized display of proprietary Vendor Information. Neither the BuyBoard nor its administrator will be responsible for the use or distribution of Vendor Information by BuyBoard members or any other third party using the BuyBoard website. This Vendor Consent shall be effective for the full term of the Contract, including renewals, unless Vendor provides a signed, written notice revoking consent to contractadmin@buyboard.com. BuyBoard shall have up to thirty days from the date of receipt of a termination or revocation of a Vendor Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subject to the Terms and Conditions of the Contract, including, but not limited to, those terms pertaining to Disclaimer of Warranty and Limitation of Liability, Indemnification, and Intellectual Property Infringement. Vendor logo files must be submitted in one of the formats set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor’s Proposal. (This consent shall not authorize use of your company’s Vendor Information by BuyBoard if your company is not awarded a Contract.) OPT OUT: If your company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the opt out box below. DO NOT select this box unless your company is opting out of this Vendor Consent for Name Brand Use. □ By checking this box, Vendor hereby declines to provide consent for use of Vendor Information (as defined herein) on the BuyBoard website. By opting out, Vendor acknowledges and agrees that, if Vendor is awarded a Contract under this Proposal Invitation, information available on the BuyBoard for Vendor’s awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor’s awarded products and services on the BuyBoard website. Initial: _____ Page 19 of 75 http://www.buyboard.com/ mailto:contractadmin@buyboard.com mailto:contractadmin@buyboard.com 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. When required by the Texas Public Information Act or other disclosure law, Proposer may be notified of any third-party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, catalogs, pricelists, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check (√) one of the following: NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded “YES”, you must clearly identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and Cooperative administrator shall not be responsible for a Proposer’s failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and Cooperative administrator will disclose information when required by law, even if such information has been identified herein as information Vendor considers confidential or proprietary. Confidential / Proprietary Information: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ (Attach additional sheets if needed.) Initial: _____ Page 20 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 B. Copyright Information Does your Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) contain copyright information? Please check (√) one of the following: NO, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does not contain copyright information. YES, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does contain copyright information. If you responded “YES”, clearly identify below the specific documents or pages containing copyright information. Copyright Information: _________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ (Attach additional sheets if needed.) C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Cooperative administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publicly release, including posting on the public BuyBoard website, a copy of the proposal tabulation and award information for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. Initial: ______ Page 21 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or new “EDGAR”). All Vendors submitting a Proposal must complete this EDGAR Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. Completed forms will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the terms and conditions of the BuyBoard contract, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below , Vendor should certify Vendor’s agreement and ability to comply, w here applicable, by having Vendor’s authorized representative check the applicable boxes, init ial each page, and sign the Compliance Forms Signature Page. I f you fail to complete any item in this form, the Cooperative w ill consider and may list the Vendor’s response on the BuyBoard as “NO,” the Vendor is unable or unw illing to comply. A “NO” response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order or Cooperative member ancillary contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. □ YES, I agree. □ NO, I do not agree. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any Purchase Order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor’s return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member’s Purchase Order or ancillary agreement agreed to by the Vendor, the Cooperative member’s provision shall control. □ YES, I agree. □ NO, I do not agree. Initial: _____ Page 22 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. □ YES, I agree. □ NO, I do not agree. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at beta.sam.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. □ YES, I agree. □ NO, I do not agree. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. □ YES, I agree. □ NO, I do not agree. Initial: _____ Page 23 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. □ YES, I agree. □ NO, I do not agree. 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. □ YES, I agree. □ NO, I do not agree. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. □ YES, I agree. □ NO, I do not agree. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) - Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). □ YES, I agree. □ NO, I do not agree. Initial: _____ Page 24 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. □ YES, I agree. □ NO, I do not agree. 11. Domestic Preferences for Procurements: Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Cooperative members using federal funds. When required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member regarding Vendor’s products, including whether goods, products, or materials are produced in the United States. □ YES, I agree. □ NO, I do not agree. 12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 2 CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain certain telecommunications and video surveillance services or equipment. To the extent applicable and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications or video surveillance services or equipment provided by Vendor is covered equipment or covered services under 2 CFR §200.216. □ YES, I agree. □ NO, I do not agree. 13. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract. □ YES, I agree. □ NO, I do not agree. 14. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. □ YES, I agree. □ NO, I do not agree. Initial: _____ Page 25 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 COMPLIANCE FORMS SIGNATURE PAGE By initialing pages and by signature below, I certify that I have reviewed the following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements, and agreements contained herein:  Proposal Acknowledgements  Felony Conviction Disclosure  Debarment Certification  Resident/Nonresident Certification  Vendor Employment Certification  No Boycott Verification  No Excluded Nation or Foreign Terrorist Organization Certification  Historically Underutilized Business Certification  Construction-Related Goods and Services Affirmation  Acknowledgement of BuyBoard Technical Requirements  Deviation and Compliance  Vendor Consent for Name Brand Use  Confidential/Proprietary Information  EDGAR Vendor Certification __________________________________________ Company Name __________________________________________ Signature of Authorized Company Official __________________________________________ Printed Name and Title __________________________________________ Date Page 26 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS INSTRUCTIONS: Proposer must completely and accurately provide all information requested in the following Vendor Information Forms or your Proposal may be rejected as non-responsive:  Vendor Business Name  Vendor Contact Information  Federal and State/Purchasing Cooperative Experience  Governmental References  Company Profile  Texas Regional Service Designation  State Service Designation  National Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only)  Local/Authorized Seller Listings  Manufacturer Dealer Designation  Proposal Invitation Questionnaire  Vendor Request to Self-Report BuyBoard Purchases (Optional) To the extent any information requested is not applicable to your company, you must so indicate on the form. VENDOR BUSINESS NAME By submitting a Proposal, Vendor is seeking to enter into a legal contract with the Cooperative. As such, Vendor must be an individual or legal business entity capable of entering into a binding contract. Name of Proposing Company: ____________________________________________________________ (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check (√) one of the following: Type of Business: □ Individual/Sole Proprietor □ Corporation □ Limited Liability Company □ Partnership □ Other (Specify: ________________________) State of Incorporation (if applicable): ___________________________ Federal Employer Identification Number: ___________________________ (Vendor must include a completed IRS W-9 form with their Proposal) Name by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be attached.) _____________________________________________________________________________________________________ Page 27 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 VENDOR CONTACT INFORMATION Vendor shall provide the requested Vendor Contact Information in the electronic proposal submission system including contract, purchase order, RFQ, and invoice contacts (or, if submitting a hard copy Proposal, t imely request and complete the Vendor Contact Information form in accordance w ith the Instructions to Proposers). FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide Cooperative members with the best services and products at the best prices available from Vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $______________. (The period of the 12-month period is _________/_________). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. PURCHASING GROUP CURRENT VENDOR? (Y/N) FORMER VENDOR (Y/N)? – IF YES, LIST YEARS AS VENDOR AWARDED COMMODITY CATEGORY(IES) 1. Federal General Services Administration 2. T-PASS (State of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 6. Houston-Galveston Area Council (HGAC) 7. Choice Partners 8. The Interlocal Purchasing System (TIPS) 9. Other MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): _________________________ Proposed Discount (%): ________________________ Explanation: _________________________________________________________________________________________ Page 28 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing pricing/discounts you offer each customer. The Cooperative may determine whether pricing/discounts are fair and reasonable by comparing pricing/discounts stated in your Proposal with the pricing/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume_____ 1.__________________________________________________________________________________________________ 2.__________________________________________________________________________________________________ 3.__________________________________________________________________________________________________ 4.__________________________________________________________________________________________________ 5.__________________________________________________________________________________________________ Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower pricing) than indicated? YES NO If YES, please explain: _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ COMPANY PROFILE Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to the Contract, inaccurate, or misleading.) Page 29 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 TEXAS REGIONAL SERVICE DESIGNATION This form must be completed in the electronic proposal submission system (or, if submitting a hard copy Proposal, t imely request and complete the form in accordance w ith the Instructions to Proposers). The Cooperative (referred to as “Texas Cooperative” in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. In the electronic proposal submission system, you must indicate if you will service Texas Cooperative members statewide or, if you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service. If you propose to serve different regions for different products or services included in your Proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. (Additional forms can be obtained by contacting bids@buyboard.com at least five (5) business days prior to the Proposal Due Date.) By designating a region or regions, you are certifying that you are authorized and w illing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unw illing to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on the form in the electronic proposal submission system. Region and Headquarters 1 Edinburg 2 Corpus Christi 3 Victoria 4 Houston 5 Beaumont 6 Huntsville 7 Kilgore 8 Mount Pleasant 9 Wichita Falls 10 Richardson 11 Fort Worth 12 Waco 13 Austin 14 Abilene 15 San Angelo 16 Amarillo 17 Lubbock 18 Midland 19 El Paso 20 San Antonio Page 30 of 75 http://www.buyboard.com/ mailto:bids@buyboard.com mailto:bids@buyboard.com 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 STATE SERVICE DESIGNATION This form must be completed in the electronic proposal submission system (or, if submitting a hard copy Proposal, t imely request and complete the in accordance w ith the Instructions to Proposers). As set forth in the Proposal Invitation, it is the Cooperative’s intent that other governmental entities in the United States have the opportunity to purchase goods or services awarded under the Contract, subject to applicable state law, through a piggy- back award or similar agreement through the National Purchasing Cooperative BuyBoard. If you plan to service the entire United States or only specific states, you must complete the State Service Designation information in the electronic proposal submission system. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form, to be considered for a piggy-back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing Cooperative Vendor Aw ard Agreement that follows this page. If you serve different states for different products or services included in your Proposal, you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. (Additional forms can be obtained by contacting bids@buyboard.com at least five (5) business days prior to the Proposal Due Date.) By designating a state or states, you are certifying that you are authorized and w illing to provide the proposed products and services in those states. Designating states in which you are either unable or unw illing to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract.  I will service all states in the United States.  I will not service all states in the United States. Alabama Alaska Nebraska Arizona Nevada Arkansas New Hampshire California (Public Contract Code 20118 & 20652) New Jersey Colorado New Mexico Connecticut New York Delaware North Carolina District of Columbia North Dakota Florida Ohio Georgia Oklahoma Hawaii Oregon Idaho Pennsylvania Illinois Rhode Island Indiana South Carolina Iowa South Dakota Kansas Tennessee Kentucky Texas Louisiana Utah Maine Vermont Maryland Virginia Massachusetts Washington Michigan West Virginia Minnesota Wisconsin Mississippi Wyoming Missouri Montana Page 31 of 75 http://www.buyboard.com/ mailto:bids@buyboard.com mailto:bids@buyboard.com 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be “piggy-backed” by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as “Vendor”) agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative (“Texas Cooperative”) awards Vendor a contract under this Proposal Invitation (“Underlying Award”), the National Purchasing Cooperative (“National Cooperative”) may - but is not required to - “piggy-back” on or re-award all or a portion of that Underlying Award (“Piggy-Back Award”). By signing this National Cooperative Vendor Award Agreement (“Agreement”), Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator (“BuyBoard Administrator”) will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members, vendor invoices, and/or such other documentation regarding those purchase orders as the Cooperative’s administrators may require in their reasonable discretion for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor’s records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Page 32 of 75 http://www.buyboard.com/ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 8

Dates

Start Date

14 Sep, 2022 (2 months ago)

Due Date

29 Sep, 2022 (2 months ago)

You may also like

Software, including Software as a Service, Products and Related Services

Due: 10 Oct, 2023 (in 10 months)Agency: Central Purchasing Division

EGAIN SOFTWARE AS A SERVICE (SAAS) LICENSE

Due: 30 May, 2026 (in about 3 years)Agency: INTERNAL REVENUE SERVICE
Please Sign In to see more like these.

Don't have an account yet? Create a free account now.

Location

Country : United StatesState : Texas