NORTH EAST INDEPENDENT SCHOOL DISTRICT 8961 Tesoro Drive San Antonio, TX 78217

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NORTH EAST INDEPENDENT SCHOOL DISTRICT 8961 Tesoro Drive San Antonio, TX 78217 Request for Competitive Sealed Proposals will be received in the Office of the Executive Director of Procurement & ecommerce for COMPUTER MAINTENANCE-IBM MAINFRAME per proposal specifications and conditions on or before 10:30 a.m. Central Standard Time on TUESDAY, DECEMBER 10, 2013, without exception. Proposals received after the specified time will not be considered. All interested parties are invited to be present for the RFCSP receipt in the office of the Executive Director of Procurement & ecommerce, RICHARD A. MIDDLETON EDUCATION CENTER, 8961 TESORO DRIVE, SUITE 317, SAN ANTONIO, TX 78217. North East Independent School District or its designee reserves the right to reject any and/or all proposals, to make awards that are the best value to the District and to waive all formalities and irregularities in bidding. Please mail or deliver to: David Bohannon, Executive Director of Procurement & ecommerce North East Independent School District 8961 Tesoro Drive, Suite 317 San Antonio, Texas 78217 North East Independent School District uses Raptor to process people entering the building at the above mentioned address. A valid state issued identification card, driver license or military identification is required. Allow ten to twenty minutes for this process. NEISD DOES NOT ACCEPT ELECTRONIC SUBMISSIONS OR FAX BIDS. NOTE: This is a request for competitive sealed proposal, IT IS NOT AN ORDER. RFCSP #50-14 THE DISTRICT WILL BE CLOSED 11/25-11/29 FOR THE THANKSGIVING HOLIDAYS NOTE: FAILURE TO RESPOND TO THIS RFCSP WILL REMOVE YOUR NAME FROM OUR BID MAILING LIST DATABASE FOR THIS PARTICULAR ITEM. IF YOU CANNOT BID ON THIS ITEM AT THIS TIME AND WOULD LIKE TO REMAIN ON THE BID MAILING LIST DATABASE, PLEASE SUBMIT A "NO BID" ON THE RFCSP FORM AND RETURN IT TO US. Company

NORTH EAST INDEPENDENT SCHOOL DISTRICT 8961 TESORO DRIVE SAN ANTONIO, TEXAS 78217 RFCSP #50-14 - COMPUTER MAINTENANCE - IBM MAINFRAME North East Independent School District is requesting competitive sealed proposals for COMPUTER MAINTENANCE IBM MAINFRAME per the following specifications and conditions. The estimated value of this proposal is $36,000-$48,000; however, NEISD does not guarantee any purchase quantities or dollar amounts. Actual purchases could be more or less than the estimated amounts or none. SPECIFICATIONS AND CONDITIONS 1. The listed equipment is located at the Data Processing Department, North East Independent School District, 8961 Tesoro Drive, Suite #107, San Antonio, Texas 78217. 2. When repairs are necessary the successful company will be contacted by telephone from the Data Processing Department with information of type of equipment, model, serial number and problem. 3. The successful company must provide on-site repair and service. The Data Processing Department will retain a list of all equipment serial numbers. 4. The successful company will respond to all repair calls within one hour of initial call. 5. If equipment cannot be repaired or replaced in the specified period of time (4 hours) the successful proposer must contact IBM Hardware Service for assistance on a time and materials basis at proposer's expense. 6. Equipment coverage will be for 24 hours a day, 365 days a year. 7. Identify the stocking ratio on all items to be serviced by this proposal. Also explain the parts procurement policy used for non-stocked items. 8. Successful proposer must have proven experience with the equipment to be maintained. Three references of this experience must be provided. 9. Pricing should be a per year unit repair service cost and a total repair service cost. 10. Payment will be made within thirty (30) days after receipt of monthly invoice and acknowledgement of satisfactory service provided. 11. NEISD Reserves the right to add or delete equipment during the contract period. 12. Only new or re-conditioned IBM components can be used as replacement parts. 13. Equipment covered should be kept at a maintenance level that would qualify said equipment for coverage by an IBM maintenance agreement. 14. Proposer also agrees that in the event of cancellation by either party, proposer will pay IBM to perform any corrective maintenance that needs to be performed on said equipment to make it eligible for coverage by an IBM maintenance agreement. This only applies to said equipment that is eligible for IBM Maintenance. Company RFCSP #50-14 2

15. NEISD reserves the right to make awards that are most advantageous to the district. 16. NEISD reserves the right to reject any or all proposals. 17. NEISD reserves the right to determine equals. 18. NEISD reserves the right to waive any irregularities or formalities in this proposal. 19. Upon approval by the Board of Trustees, if required, contracts for purchase will be put into effect by means of purchase orders issued by the Executive Director of Procurement & ecommerce. 20. All packing lists, freight bills, invoices, etc., shall reference the district s purchase order number. 21. Payment terms will be net thirty (30) days after acceptance of delivery or signed receipt or correct invoice, whichever comes later. Prices must include any and all delivery charges. 22. It is not the policy of the North East Independent School District to purchase on the basis of low proposals alone. Quality and suitability to purpose being controlling factors, it is understood that the purchaser reserves the right to arrive at such by whatever means may be determined. The following criteria shall be used to evaluate each proposal: i. Purchase price ii. Reputation of vendor and of the vendor s goods or services iii. Quality of vendor s goods or services iv. Extent to which the goods or services meet the district s needs v. Vendor s past relationship with the district vi. Impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses vii. Total long-term cost to the district to acquire the vendor s goods and services viii. For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner: (a) has its principal place of business in this state; or (b) employs at least 500 persons in this state; and ix. Any other relevant factor specifically listed in the request for bids or proposals 23. Return original and one photocopy of proposal. Original and copy should be labeled as such. Failure to submit a photocopy may result in the disqualification of the proposal Company RFCSP #50-14 3

INSURANCE REQUIREMENTS Proposers must carry and provide proof of insurance which meets the requirements established by North East Independent School District. Proof of insurance coverage should be submitted with proposal. Insurance coverages should name the North East Independent School District as an additional insured. Failure to provide proof of insurance coverages may result in the disqualification of the proposal. The following minimum coverages are required: Workers Compensation: Statutory Limits (MANDATORY) Employers Liability - $500,000 @ accident $500,000 policy limit $500,000 @ employee General Liability Bodily injury & property damage $500,000 combined single/limits $1,000,000 aggregate Automobile Liability Bodily Injury - $250,000 @ person/$500,000 @ accident Property Damage- $250,000 OPTION TO EXTEND CONTRACT The NEISD reserves the right to extend this contract for (2) two additional one-year contracts. If the option to renew is exercised, the contract will continue under the same terms and conditions. NON-APPROPRIATION OF FUNDS In the event funds are not appropriated by the NEISD s governing body in any fiscal period for payments due under this contract, then the Executive Director of Procurement & ecommerce, or designee, will immediately notify the successful proposer(s), or their designee(s), of such occurrence and this contract will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to NEISD of any kind whatsoever, except as to the portions of the contract or other payments herein agreed upon for which funds will have been appropriated and budgeted or are otherwise available. UNIFORM COMMERCIAL CODE This contract shall be governed in accordance with the rights and remedies set forth in the Uniform Commercial Code as adopted by the State of Texas. TERMINATION CLAUSE NEISD reserves the right to terminate this contract including, but not limited to, non-performance with thirty (30) days written notice. RIGHT TO REJECT North East Independent School District of San Antonio, Texas, reserves the right to reject any and all proposals submitted and to request additional information from all proposers. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waive or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. VENUE Both parties agree that venue for any litigation arising from this contract shall lie in San Antonio, Bexar County, Texas Company RFCSP #50-14 4

CONFLICT OF INTEREST DISCLOSURE A Conflict of Interest Disclosure is included and should be signed and returned with proposal. Failure to submit a completed and signed Conflict of Interest Disclosure may result in the disqualification of the proposal. HOLD HARMLESS AGREEMENT A Hold Harmless Agreement is included with these specifications and should be signed and returned with proposal. Failure to submit a signed Hold Harmless Agreement with the proposal may result in the disqualification of the proposal. Company RFCSP #50-14 5

NORTH EAST INDEPENDENT SCHOOL DISTRICT 8961 TESORO DRIVE SAN ANTONIO, TEXAS 78217 RFCSP #50-14 - COMPUTER MAINTENANCE - IBM MAINFRAME PROPOSAL SHEET ITEM QTY DESCRIPTION COST PER STOCKING MONTH FOR RATIO TOTAL QTY 1 1 IBM 9394-002 $ 2 1 IBM 6262-014 $ 3 2 IBM 3490-B40 $ 4 1 IBM 3490-A02 $ 5 2 IBM 3174-11L $ 6 1 IBM 3174-01L $ 7 8 IBM 9395 Ram AC Drawer - B23 $ TOTAL PER MONTH FOR ALL ITEMS $ Maintenance awarded on "All or None" basis. Totals do not necessarily have to be the sum total of each item. Company RFCSP #50-14 6

NORTH EAST INDEPENDENT SCHOOL DISTRICT 8961 TESORO DRIVE SAN ANTONIO, TEXAS 78217 RFCSP #50-14 - COMPUTER MAINTENANCE - IBM MAINFRAME REFERENCES: Company, Contact Person, Address, Phone 1. 2. 3. Provide the identity and experience level of technicians who are trained in the listed equipment that would be serving this account. TECHNICIAN YEARS EXPERIENCE Any questions related to this proposal may be directed to Andrea Tondre, Executive Director of MIS at 210.407.0204. Company RFCSP #50-14 7

NORTH EAST INDEPENDENT SCHOOL DISTRICT 8961 TESORO DRIVE SAN ANTONIO, TX 78217 RFSCP #xx-14 - COMPUTER MAINTENANCE - IBM MAINFRAME Three (3) page requirements: 1. Answer statements 2. Signature 3. Company information. In the event funds are not appropriated by the NEISD s governing body in any fiscal period for payments due payments due under this contract, then the Executive Director of Procurement & ecommerce, or designee, will immediately notify the successful proposer(s), or their designee(s), of such occurrence and this contract will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to NEISD of any kind whatsoever, except as to the portions of the contract or other payments herein agreed upon for which funds will have been appropriated and budgeted or are otherwise available. The undersigned certifies that the firm and/or principals of the firm (check one) are /are not currently debarred, suspended, or proposed for debarment by any federal entity. The undersigned agrees to notify the District of any change in this status, should one occur, until such time as an award has been made under this procurement action. Also, pursuant to the State of Texas Legislative Senate Bill NO. 1, Section 44.034, Notification of Criminal History, the undersigned affirms this firm (check one) is /is not owned or operated by anyone who has been convicted of a felony. This statement is not required of a publicly held corporation. The undersigned affirms that they are duly authorized to execute this contract, that this company, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. By submitting this offer, the undersigned acknowledges that the Conflict of Interest questionnaire, in accordance with HB914, has been received, that instructions have been read, and the questionnaire has been/is being submitted as necessary. Original Authorized Signature (Person Responsible for Proposal) Company Name of Representative (Type or Print) Address City, State Zip Phone Fax Date Email Company RFCSP #50-14 8

HOLD HARMLESS AGREEMENT THIS PAGE MUST BE SIGNED, NOTARIZED AND RETURNED WITH PROPOSAL The contractor shall defend, indemnify, and save whole and harmless the North East Independent School District and all of its officers, agents, and employees from and against all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages (including death) received or sustained by any person or property on account of, arising out of, or in contention with, any negligent act or omission of contractor or any agent, employee, subcontractor or supplier of contractor in the execution or performance of this contract, RFCSP #50-14, COMPUTER MAINTENANCE - IBM MAINFRAME. This hold harmless agreement shall be binding upon the undersigned and his heirs and assigns. DATED this day of, 201. Signature Printed Name Company STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on the day of, 201. [NOTARY'S SEAL] Notary Public, State of Texas Company RFCSP #50-14 9

FORM MUST BE SIGNED AND RETURNED WITH PROPOSAL NO CONFLICT Line 1 Company name, Line 4 Sign and date. CONFLICT Line 1 Company name, Lines 2 & 3 - answer questions, Line 4 Sign and date. CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1- a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. FORM CIQ OFFICE USE ONLY Date Reviewed 2 Check this box lf you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 Company RFCSP #50-14 10