Standard School Supplies – Computers, Laptops, Tablets ...Bid Documentation #18/19-1620 . Standard...

Bid Documentation

#18/19-1620

Standard School Supplies – Computers, Laptops, Tablets, Interactive Boards, Projectors and

Computer & Related Equipment

LACOE Invitation for Bid No. 18/19-1620 Standard School Supplies - Computers, Laptops, Tablets, Interactive Boards, Projectors, and Computer-Related Equipment

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LOS ANGELES COUNTY OFFICE OF EDUCATION

Invitation for Bid

Deadline 3:00 p.m., Pacific, Friday, November 30, 2018

#18/19-1620 Standard School Supplies – Computers, Laptops, Tablets, Interactive Boards,

Projectors and Computer-Related Equipment

I. Bid Overview The Los Angeles County Office of Education, herein referred to as “LACOE”, is an intermediate agency between the school districts of Los Angeles County and the California Department of Education. LACOE is the nation’s largest regional education service agency, serving 80 K-12 school districts, 13 community college districts, and a number of charter schools that educate 1.7 million students. The purpose of this bid is to create the best-value contract for computers, laptops, tablets, interactive boards, projectors and computer-related equipment for LACOE, school districts and other education agencies in California. I.1 BID TITLE Bid No. 18/19-1620, Standard School Supplies - Computers, Laptops, Tablets, Interactive Boards, Projectors, and Computer-Related Equipment I.2 ORGANIZATION OF BID TERMS AND CONDITIONS Section and paragraph headings are provided for description and ease of reference only. They are not intended to be binding or to be used in the interpretation of the contract. This bid is organized under the following topical areas:

I. Bid Overview II. Definitions

III. Bidder Status & Qualifications IV. Bid Procedures and Instructions V. Specifications

VI. Pricing VII. Ordering, Shipping and Delivery

VIII. Evaluation and Award IX. Fees & Costs X. Post-Award Requirements

XI. Contract Length & Termination Rights XII. Other Terms and Conditions


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I.3 BID SCOPE This Invitation for Bid seeks bids for products and catalog discounts in the categories of:

* Computers * Components * Laptops * Storage * Tablets * Projectors * Interactive Boards * Computer-Related Equipment

I.4 AGENCY ISSUING INVITATION FOR BID AND THE RESULTING CONTRACTS Los Angeles County Office of Education (LACOE), Procurement Services, Purchasing Section, Ed Center West, 12830 Columbia Way, Downey, California 90242. I.5 EDBUY PROGRAM LACOE is issuing this bid in cooperation with the EdBuy program, the purchasing cooperative established by California County Superintendents of Schools working together through the California County Superintendents Educational Services Association (CCSESA), 1121 L Street, Suite 510, Sacramento, CA 95814. I.6 BID DUE DATE 3:00 p.m. PST, Friday, November 30, 2018 for both electronic and physical media submissions. Both types are required. I.7 PRE-BID CONFERENCE A non-mandatory pre-bid conference will be held on, November 8, 2018 at 10:00 a.m. at the LACOE Ed Center West office, located at 12830 Columbia Way, Rm 156, Downey, CA 90242 for the purposes of answering questions regarding submission of electronic bid and any questions generated by those in attendance. I.8 METHOD OF SUBMISSION Bids must first be completed on the electronic sealed bidding system described within these bid documents. In addition -- to assuage even the most conservative jurisdictions in California that may wish to piggyback on this bid – all bids submitted online must also be printed out, placed into a sealed envelope and delivered to the Los Angeles County Office of Education before the bid deadline. Using the enclosed Bid Envelope Label, please affix the label and submit one (1) hardcopy original by the date and time noted. Not doing so is a cause for non-responsiveness. I.9 CONTRACT TERM OF DURATION In accordance with Ed Code Section 17596, LACOE’s bid awards will constitute contracts with winning bidders that shall be in force starting on the official award date and continue through December 31, 2019, unless Agency invokes the clause in SECTION XI.6 to roll-over the contract. If invoking the first rollover option for one additional year, the termination date would be December 31, 2020. If invoking the second roll-over option, the termination date would be December 31, 2021. I.10 ELIGIBLE BUYING AGENCIES This bid is being solicited for California education buyers by the Los Angeles County Office of Education, lead agency under the authority of the California Public Contracts Code and Education Code, for school


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districts in Los Angeles, as well as other eligible California purchasers, to be known collectively as Local Educational Agencies (LEAs). Eligible agencies will include not only all California County Offices of Education and California public school districts, but also California joint powers authorities related to education, community colleges, charter schools, non-public schools, and any newly established school districts, charter schools or community colleges established during the term of the contract. To be absolutely clear and for further clarification, this bid contains an attachment partially listing, as eligible buyers, the specific and individual names of:

• More than 1,000 public school districts and education agencies • More than 1,000 charter schools • 58 County Offices of Education • 73 community colleges districts

I.11 PIGGYBACKABLE CLAUSE All public agencies are authorized by law to purchase off a contract awarded by an agency that has itself gone to bid, including all K-12 schools districts, community college districts, special districts and Joint Purchasing Agencies (JPAs) serving education, pursuant to Public Contract Code Sections 20118 and 20652. Using these statutes, the Los Angeles County Office of Education (AGENCY) hereby declares its intent and authorization to make all contracts awarded under this contract "piggybackable" by other public agencies, school districts and education agencies in the state. The Agency waives any right to receive payment from other California agencies making purchases off the awarded contracts and those agencies will make payment directly to the Vendors. A partial, but not exclusive list of eligible education agencies is listed as an attachment to the section and is titled "Partial List of Eligible Agencies.doc." I.12 STANDARD SCHOOL SUPPLY & EQUIPMENT LIST AND COOPERATIVES Because many county offices of education have banded together to create the EdBuy program for the purpose of collectively creating a Standard School Supply & Equipment List and cooperative contracts, the items solicited and awarded through this bid may constitute a portion of an official Standard School Supply & Equipment List for other participating county offices of education and county superintendents of schools. Purchases by other county offices of education and school districts may be made, not only in accordance with Public Contracts Code 20118, but also in accordance with Education Code 38110 dealing with cooperatives and Standard School Supply & Equipment. I.13 BID GOALS This bid has been written and issued with specific goals in mind. To help the Bidder respond most favorably, we enumerate here some of the key goals of the bidding effort:

• To create the best-value contract and to lower the total cost of ownership of computers, laptops, tablets, interactive boards, projectors, and computer-related equipment for LACOE, school districts and other education agencies in California.

• Obtain the best prices in California for goods specified • To create a centralized portal source, not only for computers, but also for components and other

equipment necessary to the operation and maintenance of computer and storage equipment


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• To create a contracting vehicle that gives districts legal confidence to use without having to bid themselves; therefore, this Invitation for Bid will not only be compliant with Public Contract Code 20118 and 20652, but also compliant with Education Code 38110 and 38112

• To overcome the weaknesses of state contracts by creating a new contract vehicle that is competitively bid by an education agency

• To meet or beat contracted pricing through the Western States Contracting Alliance (WSCA) • Foster best purchasing practices • To enable pricing to be used as a competitive quotation for E-Rate purchases • To provide savings to Vendors by virtue of co-op marketing and electronic transmission of orders • To provide incentive for Vendors to compete and offer best prices • Eliminate mistakes and errors when ordering with Vendors • Reduce the number of returns Vendors receive • Create reports that will better identify purchasing trends and what is purchased • Reduce Vendor fragmentation among school districts and county offices of education • Create a unique contract dissimilar in terms and conditions to any other public contract, thereby

freeing Vendors to provide their best pricing to schools and education.

I.14 UNIQUE BID AND CONTRACT FEATURES & VENDOR BENEFITS Highlights of this bid that make it unique and provide additional incentives for Vendors to bid include:

• Marketing by the EdBuy program, including marketing toward hard-to-reach rural counties • Contracting authority through two separate California statutes to give users clear legal buying

authorization, especially tailored to education agencies • Status as the “home” contract for the Los Angeles County Office of Education, the largest

intermediate education agency in the United States • Contract visibility on other web sites hosted by participating County Offices of Education

(examples include www.humboldt.k12.ca.us, www.kernpc.org, and www.sbceo.k12.ca.us) • Contract visibility on the statewide EdBuy website at www.EdBuy.org. • Ability of Vendor to receive nearly all purchase orders electronically through punchout or e-order

integration to be offered by Epylon. • A list of Core Items most frequently used by education agencies • Focus on education agencies • Regional training meetings and conference presentations to be offered by Epylon • Regional trade shows staffed by EdBuy to promote the contracts • Leadership and commitment of multiple county superintendents of schools

II. Definitions [return to top] Sections II.1 through II.14 include definitions to help clarify terms used in the bid and contract. II.1 LOS ANGELES COUNTY OFFICE OF EDUCATION The terms “Los Angeles County Office of Education” and “LACOE” as used in this bid document shall be construed to include the Los Angeles County Office of Education, its employees, officers, and agents. II.2 AGENCY

http://www.humboldt.k12.ca.us/

http://www.kernpc.org/

http://www.sbceo.k12.ca.us/

http://www.edbuy.org/


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The term “Agency” shall be construed to include the Los Angeles County Office of Education (LACOE), its employees, officers, and agents. II.3 CALIFORNIA COUNTY SUPERINTENDENTS EDUCATIONAL SERVICES ASSOCIATION (CCSESA) The California County Superintendents Educational Services Association, also known as “CCSESA”, located at 1121 L Street, Suite 510, Sacramento, CA 95814, is the association made up of California’s county superintendents of schools who come together to provide collective and cooperative services serving multiple County Offices of Education and California schools as a whole. II.4 EDBUY EdBuy is the cooperative purchasing program established by county superintendents through the California County Superintendents Educational Services Association (CCSESA), located at 1121 L Street, Suite 510, Sacramento, CA 95814. II.5 LEA The term “LEAs” shall be construed to mean Local Education Agencies -- those educational agencies and other agencies authorized to buy from this bid and resulting contracts and allowed to submit purchase orders to awarded Vendors in conformance with bid terms and conditions. II.6 EPYLON CORPORATION Epylon Corporation, also referred to as Epylon, is a private corporation located at 630 San Ramon Valley Road, Danville, California 94526, and has been hired by CCSESA to administer the EdBuy cooperative, to consult with lead agencies and county offices of education and to provide technology and services necessary to issue bids and run the EdBuy cooperative. II.7 VENDOR The term “Vendor" is that firm, company, individual, business, partnership, joint venture corporation or other bidding entity which has completed the response to the Invitation for Bid and/or been awarded a contract by the Agency. The Contractor/Bidder is named as such in the contract/bid documents and is referred to in generic terms as if the Contractor/Bidder were of singular number and masculine or feminine gender.

II.8 BIDDER The term “Bidder” refers to that firm, company, individual, business, partnership, joint venture corporation or other bidding entity which has registered with LACOE and on the Epylon system to receive bids and has worked on or completed the response to the Invitation for Bid. II.9 SUBSTITUTION In regard to bidding prices, the term “substitution” is deemed to mean an item, with its pricing, that the Bidder believes is equivalent to the item specified, but different in manufacturer or brand. However, LACOE will have final authority and sole discretion as to whether the “substitution” meets equivalent specifications. II.10 ALTERNATE In regard to bidding prices, the term “alternate” means an additional item of similar functional value, with its pricing, that the Bidder is suggesting may be appropriate or useful to the Agency, in addition to the


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item specified or in addition to the substitute offered by the bidder in the bid. LACOE will have final authority and discretion as to whether the “alternate” has functional value and may be added to the contract. II.11 CORE ITEM A “Core Item” means those products specifically identified in the bid by a brand, model, configuration, and description and listed in the bidding templates for each bidding category. A “Core Item” requires a fixed bid price, as opposed to a bid formula price, for the initial term of the contract. A “Core Item” stands in contrast to the other items under contract which are the remainder of products contained within a Bidder’s commercially available catalog(s) or website. As specified in Section V.4, LACOE reserves the right to request changes to the core list based on usage and changes in technology. II.12 QUOTE SHEET The “Quote Sheet” is the electronic worksheet tab contained in an Excel spreadsheet file identified as either “SKU Template” or “E-bid_Product_Line_Template” and attached to the electronic bid form, located in the yellow instruction box of the section titled “Product Line Bidding.” The Quote Sheet is the worksheet to be filled out by the Bidder with their official bid discount(s), necessary to calculate the effective price for all items under contract. It is also the part of the file required to be returned both electronically and on paper. II.13 BID REPONSE WORKSHEET The “Bid Response Worksheet” is the electronic worksheet tab contained in an Excel spreadsheet file identified as either “SKU template” or “E-bid_Product_Line_Template” and attached on the electronic bid form. The spreadsheet file is located in the yellow instruction box of the bid section titled “Product Line Bidding.” It is the worksheet that is to be filled out by the Bidder with prices for line-items reflecting a sampling of the Bidder’s effective prices after the bid discount listed on the Quote Sheet is applied. II.14 OFFICIAL AWARD DATE The “Official Award Date” shall be that date on which LACOE awards and signs a contract as a result of this Invitation for Bid. III. BIDDER STATUS AND QUALIFICATIONS [return to top] Sections III.1 through III.23 deal with the qualifications and credentials of Bidders and help determine whether a Bidder is responsible and responsive. III.1 ANSWERING QUESTIONS ON THE BID FORM By answering questions in the Questions section of the electronic bid form, Bidders help establish their qualifications as a Vendor. In answering the questions, they must give satisfactory evidence that they:

• Maintain a permanent place of business • Have the capability to furnish the items offered satisfactorily and expeditiously • Will provide excellent school customer sales support and service to all LEAs • Have current relationships with LEAs for verification of customer satisfaction, can demonstrate

and active network, or other acceptable method of service and support that will serve all LEAs


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If a question indicates that a response is mandatory, an answer must be provided. If not, a Bidder cannot continue to save or submit the electronic bid form, and will not be able to comply with requirements to print out a paper copy of the bid. III.2 STATUS OF BIDDER Bidder is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the contract. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between LACOE and Bidder or any of Bidder's agents or employees. Bidder assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. Bidder, its agents and employees shall not be entitled to any rights or privileges of LACOE employees and shall not be considered in any manner to be LACOE employees. III.3 SUPPLIER APPLICATION Bidders must fill out, scan and attach a LACOE Supplier Application as part of its bid submission. Even if a company has previously completed an application, a new form must be filled out and attached to the bid so that LACOE can verify and update its information. A blank application is attached to the electronic bid or can be found at

https://www.lacoe.edu/Portals/0/Business-Technology/Business/DoingBusiness/501-522%20Supplier-Contractor%20Application.pdf.

Those agencies receiving notification of the bid because of their placement on another county office bid list or because of their placement in the Epylon marketplace must still complete the Supplier Application, scan it, and attach it to the electronic bid form when bidding. III.4 EVIDENCE OF RESPONSIBILITY Upon the request of LACOE, a Bidder whose bid is under consideration for the award of the contract, shall promptly submit to LACOE, satisfactory evidence showing the Bidder’s financial resources, facilities, vehicles, and equipment available for the performance of the contract, sufficient to show the ability to perform as per the contract. III.5 COVENANT AGAINST CONTINGENT FEES The Bidder warrants that no person or selling agency has been employed or retained to solicit or secure the contract to be executed as a result of this Invitation for Bid upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting the bona fide established commercial or selling agencies maintained by the Bidder for the purpose of securing business. For breach or violation of this warranty, LACOE shall have the right to terminate any contract that may be entered into with the Bidder and, in its sole discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the commission, percentage, brokerage, or commission fee. III.6 BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation shall be allowed to submit more than one response to this Invitation for Bids. A person, firm, or corporation may submit a sub-proposal to another Bidder and/or Bidders and also submit a bid in the name of his firm.

https://www.lacoe.edu/Portals/0/Business-Technology/Business/DoingBusiness/501-522%20Supplier-Contractor%20Application.pdf

https://www.lacoe.edu/Portals/0/Business-Technology/Business/DoingBusiness/501-522%20Supplier-Contractor%20Application.pdf


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Companies who have multiple users on the Epylon system may receive multiple Invitations for Bid and have access to the same bid form. Only one representative from the bidding company may submit a bid. Any Epylon user that archives the LACOE bid form, declines the bid, or submits a bid, thereby prevents any other user from that same company from taking action on the bid for his or her company. III.7 ANTI-DISCRIMINATION It is the policy of LACOE, the Orange County Department of Education, and the school districts of Los Angeles and Orange Counties that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the service because of race, color, ancestry, national origin, religious creed, sex, age or marital status. The Bidder agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1410, and Labor Code Section 1735. In addition, the Bidder agrees to require like compliance with any subcontractors employed for services provided by him. III.8 COMPLIANCE WITH CIVIL RIGHTS LAW AND AMERICANS WITH DISABILITIES ACT The Bidder hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000 (e) (17), to the end that no person shall, on the grounds of race, creed, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under this bid or under any project, program, or activity supported by this bid. The Bidder agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code Section 12900, and Labor Code Section 1735. In addition, the Bidder agrees to require like compliance by any subcontractors employed for the services provided by him. The Bidder hereby assures that it will comply with the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et. seq., to ensure that disabled individuals shall be reasonably accommodated in accordance with the Act and the Bidder shall not exclude from participation in, or deny the benefit of, or otherwise subject a disabled individual to discrimination under this contract, or under any project, program, or activity supported by this bid. III.9 ANTI-KICKBACK ACT In the performance of the contract, the Bidder and all subcontractors shall adhere to and comply with all provisions of the Copeland “Anti-Kickback” Act (18 U.S.C. 874) and as supplemented in the Department of Labor regulations (29 CFR Part 3). III.10 DECLARATION OF NON-COLLUSION Assuring that prices are arrived at independently and without collusion is so important that this bid requires the Bidder to attest, under the penalty of perjury, that no collusion has taken place. The Bidder must affirmatively answer “Yes” to the non-collusion question presented in the Question section or else the bid may not be submitted to Agency. By answering “Yes” to the non-collusion question, the Bidder affirms the following: 1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, Bidder or potential Bidder.


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2) Neither the price(s), amount of this bid, approximate price(s) , nor approximate amount of this bid, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before bid opening. 3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. 4) This bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid. 5) Neither the company, or any of the company's affiliates, subsidiaries, officers, directors and employees are currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. 6) All representations are material and important, and will be relied on by the LACOE in awarding the contract(s) for which this bid is submitted. 7) Any misstatement is and shall be treated as fraudulent concealment from LACOE of the true facts relating to the submission of bids for this contract. If a Bidder cannot answer yes to the non-collusion question, he/she will not be able to complete the bid form and will not be able to submit a bid. III.11 WORK HOURS AND SAFETY STANDARDS ACT (if applicable) In the performance of any purchase order under the contract, Bidder shall adhere to and comply with all the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 330) and as supplemented in the Department of Labor regulations (29 CFR Part 5). III.12 FINGERPRINTING (if applicable) All contractors including subcontractors shall be required to comply with the provisions of Education Code Section 45125.1 and 45125.2 to ensure that no contractor employees or employees of subcontractors who may come in contact with LACOE pupils in the performance of their duties have been convicted of a violent or serious felony as defined in the California Penal Code Section 677.5 (c) and 1192.7 (c). During the term of the purchase order, the contractor, including subcontractors, shall comply with the provisions of Education Code Section 45125.1 when LACOE determines that the contractor's employees or employees of subcontractors will have more than limited contact with LACOE's pupils. If the contractor, or his subcontractors, fails or refuses to comply with this provision, such failure or refusal shall be considered sufficient cause for disqualification from further award considerations. If such failure or refusal to comply occurs after purchase order is awarded, LACOE may terminate the purchase order, in whole or in part. III.13 TOBACCO-FREE WORKPLACE (if applicable) The contractor hereby agrees to comply with the Los Angeles County Board of Education's Policy 3515.1 which states: "It is the intention of the office to provide a smoke-free workplace within all buildings owned


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or operated by LACOE commencing June 30, 1995." Therefore, the work site shall be kept tobacco-free and smoke-free at all times. This policy shall apply to the total site (inside and outside of each LACOE owned or operated building). III.14 ALCOHOL AND DRUG-FREE WORKPLACE (if applicable) Both parties hereby certify under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et. Seq.), and the Los Angeles County Board of Education’s Alcohol and Drug-Free Workplace Policy 4020. III.15 SUSPENSION AND DEBARMENT A Vendor must verify its suspension or debarment status in its answer to the appropriate question in the Question Section. The Vendor certifies, for itself and all its designated partners, that neither the Vendor, nor any designated partners are under suspension or debarment by the LEA or any other governmental entity, instrumentality, or authority and, if the Vendor cannot so certify, then it agrees to submit a written explanation as an attachment to this bid form of why such certification cannot be made. Such notification shall be made within 15 days of the date of suspension or debarment. III.16 UNPAID TAX LIABILITIES The Vendor certifies by submission of this bid that it is unaware of any overdue unpaid tax liabilities or other overdue Agency or LEA obligations to government. III.17 AUDITING At any time, LACOE may request an audit of all paperwork, procedures, and physical inspections pertaining to the bid. The successful supplier will be given a 24-hour notice. III.18 ONGOING RESPONSIBILITY FOR NOTIFICATION OF ANY CHANGE A Vendor must inform the Agency if it changes its address or become delinquent in taxes. Also, the Vendor must tell the Agency if one of its contracts is suspended by another government agency or if it is debarred by another government agency. All notices must be in writing and received by the Agency within 15 days of the change, delinquency, suspension, or debarment. III.19 ABILITY TO FOLLOW DIRECTIONS The Bidder's ability to follow the bid preparation instructions set forth in this solicitation will also be considered to be an indicator of the Bidder's ability to follow instructions should they receive an award as a result of this solicitation. Any contract between the AGENCY and a Vendor requires the delivery of information and data. The quality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a contract was awarded. Therefore, a bid may be rejected as non-responsive if directions are not followed. III.20 HISTORICALLY UNDER-UTILIZED BUSINESSES (HUBS) Some eligible LEAs may have policies, programs or goals related to contracts with businesses owned by minorities, women, small businesses, or disabled veterans. Although the bid will not be evaluated on whether a Bidder is a historically under-utilized business, Agency can make other LEAs aware of a Vendor’s HUB status. Accordingly, the Agency requests any women-owned, minority-owned or disabled-veteranowned business to volunteer their status as such so that it can be made known to interested LEAs.


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A HUB may identify itself in its answer to the HUB question in the Question section. No preference is given in bid evaluation to HUBs, and no penalty is applied for not answering the question. III.21 WEB SITE CAPABILITIES To be responsive, a bid must indicate in the Question Section that the Awarded Vendor has a web site where contract pricing for both core computer items and peripherals can be viewed. If providing computers, Vendor’s web site must be capable of building Core Computer Configurations, if any, and generating a quote with a quote number tied to the contract. Awarded Vendor must agree to cooperate with the EdBuy program and the Epylon Corporation in the development of premier pages, punchout, or links accessible from the EdBuy and Epylon web sites. III.22 ABILITY TO SERVE ENTIRE STATE AND REGIONS To be a successful bidder, a Bidder must be able to demonstrate an ability to serve education agencies in all parts of California and to deliver to any LEA in California. III.23 FAILURE TO PERFORM UNDER PREVIOUS CONTRACTS A company will not be qualified to bid under this Invitation for Bid if the company has failed to perform as a contracted Vendor as required under a previously issued LACOE contract during the past two years. Any bids received from such a bidder may be rejected by the Agency as non-responsible. IV. Bid Procedures and Instructions [return to top] Sections IV.1 through IV.20 give guidance in how to fill out the bid forms and submit the bid on time to the correct locations. IV.1 PRUDENCE AND FORETHOUGHT IN SUBMISSION Although the deadline for bids is 3:00 p.m. Friday, November 30, 2018, it is in the best interests of Bidders to submit their bids well enough in advance to avoid any hindrances out of the control of LACOE, EdBuy, the Vendor, or Epylon. Such hindrances could include delayed mail, delayed delivery trucks, extremely heavy internet traffic, disruptions in phone lines, busy circuits, unexpected computer outages, or weather-related obstacles. Agency assumes no responsibility for hindrances out of its control. It admonishes Bidders to submit early to identify problems and to avoid any possibility their bids may be late. The electronic bidding system will mark a bid late if the bid submission is even one second past the exact bid deadline time. IV.2 TWO IDENTICAL SUBMISSIONS REQUIRED: ELECTRONIC AND SEALED PHYSICAL PACKAGE A sealed, secure electronic bidding system will be used to gather bids and evaluate submissions. However, some jurisdictions that will be piggybacking on this bid have local policies or procedures that do not currently envision electronic submissions. Therefore, once Bidders have completed answering questions and submitting bid prices on line, they will also be required to print out their work, and include all bid information in a sealed package to be returned to LACOE before the bid deadline. This action satisfies jurisdictions that still have policies requiring the submissions of paper and other media in a sealed envelope or package. IV.3 INCOMPLETE SUBMISSIONS


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Both the on-line bid and the sealed package containing bid documents must be received before the bid deadline for a bid to be considered. The presence of one submission -- either electronic or physical – and the absence of another constitute an incomplete bid. Such incomplete submissions are considered non-responsive, may not be considered, and will constitute no grounds for protest. IV.4 NO BID A “No Bid” noted on any line-item listed on the bid form within a category may cause the entire applicable section to be considered non-responsive and be given no further consideration. If the Vendor cannot meet the specification as listed, it must offer a substitute and may offer an alternate product as well. If any item sought by LACOE has been discontinued by the manufacturer, the Bidder must offer a substitute or alternate product with similar functional value. LACOE reserves the right to remove Vendor responses for discontinued items from comparative evaluation, since an equivalency among bidders may not be possible to be established for those items. IV.5 COMPLETE THE ELECTRONIC BID FORM FIRST AND EARLY It will be impossible to meet the deadline if a Bidder tries to complete the on-line form and compile the physical package at the last minute at the same time. The electronic form must be completed first. After final review, the Bidder must hit the submit button. All answers and submissions are then locked, encrypted, sealed, and sent to the LACOE in-box and cannot be opened by LACOE until the bid opening date. However, Bidders can access their own submissions to print out a complete and accurate record of their submissions, exactly as will be seen by LACOE when the bid can legally be opened. IV.6 BID SUBMISSION ADDRESSES Two Identical submissions are required. Here are the addresses for submission of each:

1) For electronic: www.epylon.com 2a) For a sealed envelope or package to be hand-delivered: 12830 Columbia Way, Cubicle 1201, Downey, California 90242, and marked to the attention of LACOE's Buyer, Michael Choi. 2b) For a sealed envelope or package to be mailed: Los Angeles County Office of Education, Procurement Services, Purchasing Section, Ed Center West, Cubicle 1201, 9300 Imperial Highway, Downey, CA 90242-2890, and marked to the attention of LACOE's Buyer, Michael Choi.

IV.7 BID OPENING AND READING It is the Bidder’s sole responsibility to ensure that its bid is received prior to the scheduled closing time for receipt of bids. In accordance with Government Code Section 53068, any physical copy of a bid received after the scheduled closing time for receipt of bids shall be returned to the Bidder unopened. At 3:00 p.m. Friday, November 30, 2018, the sealed bids will be opened and read aloud at LACOE's Procurement Services, Purchasing Section, Ed Center West, Division of Business Operations, Room 156, located at 12830 Columbia Way Downey, California 90242, accessible through the Columbia Way street entrance. Opening will consist of opening the electronic bid though a computer and projecting the screen for public viewing. Following the opening of electronic files, staff will open sealed envelopes to make sure there is a one-to-one correspondence of electronic bids to physical bids.

http://www.epylon.com/


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NOTE: The Ed Center West building is located on an expansive site some distance from the main Imperial Highway facility. To ensure the timely receipt of hand delivered bids or to attend the public bid opening, bidders are encouraged to allow extra time for parking and walking. Due to room availability it may be necessary to change the room location of the bid opening, the correct room number can be obtained from the Ed Center West receptionist on the day of the bid opening. IV.8. ALLOW TIME FOR INTERNAL MAIL DISTRIBUTION To be considered, all bids must be received in Procurement Services by the time and date of closing. The clock in LACOE’s Purchasing Office will be the official time with regards to this bid. (Note: Bidders who mail their bids should allow sufficient time for the internal distribution of mail within LACOE.) Emailed and/or Faxed bids and bids received in Procurement Services after date and time indicated herein shall be returned to the Vendor unopened. Hand-carried bids received in Procurement Services after date and time indicated herein will not be accepted. Mailed bids received in the Purchasing Section of Procurement Services after date and time indicated herein will be returned to the bidder unopened. IV.9 PRELIMINARY REGISTRATION PROCEDURES FOR ELECTRONIC BIDDING

1) If not already registered with the Epylon Corporation, companies that want to bid must register as a supplier by clicking on the Supplier Registration button at the top of the page at www.epylon.com.

2) All new registrants between the bid announcement and Nov 15, 2018, will automatically receive the LACOE bid form.

3) Once registered and logged in at www.epylon.com, click the e-Bid tab, view the in-box to see the LACOE bid form ready to be opened.

4) Contact Epylon Customer Service ([email protected]) if you have trouble viewing the bid.

IV.10 ON-LINE BIDDING PROCEDURES The general procedures for completing the electronic bid form are as follows:

1) Review all the different product lines requested. Decide what product line to bid. 2) Download the attached spreadsheet template found next to the product line you are bidding in

the section titled “Requested Product Lines.” There is a unique template for each of the requested product lines. Choose the one that is appropriate to the product line you are bidding. There will be two worksheet tabs in the Excel workbook to fill out.

3) The first worksheet requires you to enter the percent discount you are offering as your bid. This discount can be variable by category of products within your brand offerings.

4) The second worksheet tab requires you to price several specified products for the purpose of comparing the effective price of your discounts. The Excel software will automatically calculate the effective unit price.

5) If you are bidding a substitute product line, enter the information appropriate for the substitution you are offering.

6) Save the file; name it the product category being bid. 7) Upload the file to the appropriate product line by clicking the white box to the left of Product Line

Specifications column. 8) Click Browse to locate the template on your hard drive.



mailto:[email protected]


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9) Click Open, then click Attach File to upload template to bid form. 10) Designate the uploaded spreadsheet as the pricing template by clicking in the small white box

next to the name of the template, then clicking the red “Identify SKU Attachment” button located at the bottom of the Product Line Specification Section. This has the effect of distinguishing your pricing from any other attachment you choose to upload alongside the product line name. A red asterisk will appear next to your file.

11) Click the white box in the Bid Column for the product line category being bid to signify you are bidding for a specific product line.

12) Answer all questions listed in the Question Section. You can add attachments to certain questions as necessary.

13) Download, sign, scan, and upload documents as requested in the Question Section, including the Contract Signature Page.

14) Click on “Save as Draft” at any time while working on the bid form. 15) When ready to submit, click “Continue” at bottom of first page. 16) Review your bid, making sure you have attached the proper template to the corresponding

product line and answered all questions. 17) Click on Submit button to send sealed electronic bid to LACOE. 18) Reopen the bid form. 19) Click on Printable Version. 20) Print out a copy for inclusion in sealed envelope along with CD or flash drive of your pricing file.

IV.11 ELECTRONIC SIGNATURE In submitting this bid, the person named as the Vendor's representative on the electronic bid form declares the understanding that the use of his/her Username and Password constitute his/her electronic signature and that he/she is solely liable for full control and access to the password. Neither Agency nor Epylon have access to the User's password. By submitting this form, he/she declares that he/she has the authority to submit this bid to the Agency and to bind his/her company to the Terms and Conditions, final pricing, statements and all commitments submitted to Agency. As permitted by the federal and state laws, Bidder will submit electronic sealed bids signed with his/her electronic signature, using the Epylon eCommerce system. Bidder’s use of his/her User Name and Password, linked to identifying registration information, constitute his/her electronic signature. By logging in, answering questions, completing the bid form and pushing the submit button, Bidder is signing a contract. To the best of his/her knowledge, Bidder attests to the following by submitting a bid:

1) Upon supplying verifiable registration information and user name, he/she was provided with a computer-generated password, also linked to his/her e-mail. 2) Neither Agency, nor Epylon, nor any other third party has any knowledge of or access to the computer-generated password. 3) The combination of user name, password, and e-mail address is unique to the Bidder. 4) The username-password-e-mail combination is under the sole control of the registered user. 5) The linked data – user name, e-mail and password – cannot be changed except by the original registrant using his/her original electronic signature. Any attempt to change a combination of linked data locks out the user.


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6) If necessary, the authenticity of any document and its accompanying signature can be verified by reviewing a successful log-in, then tracing the path from log-in and any action taken on any electronic form.

IV.12 HOW TO GET HELP Technical questions on how to fill out the bid form, upload or download attachments, or maintain an Epylon account can be directed to the Epylon customer service line at (888) 211-7438. Or questions can be emailed to [email protected]. Epylon customer service will not answer bid policy questions or interpret the bid. Questions on bid interpretation should be submitted to LACOE as described in section IV.19. IV.13 ASSEMBLING THE PHYSICAL BID Your packet for physical delivery of a sealed bid to LACOE will consist of the following:

1) A printout of what you submitted electronically (After clicking the submit button for your online bid submission, the electronic form will close. Re-open the bid form by clicking on the title of the bid in your in- box. Scroll to the bottom of the screen and click on Printable Version. Use your Internet browser to print this view to paper. Staple the pages together.)

2) A signed hard-copy of the Bid Contract Signature Page, which was included in the electronic form as an attachment.

3) Hard-copy print-outs of spreadsheets (one for each category you bid) of the pricing that constitutes your bid.

4) A copy of the LACOE Supplier Application. 5) Affix the Bid Label Sheet to the envelope.

IV.14 SIGNATURE ON PAPER Attached to the bid form is a Bid Contract Signature Page. Print this page out, sign it, scan it, and upload into the electronic bid form. Then include the hard copy with signature in the sealed envelope or package that needs to be returned to LACOE. All bids must be signed in the name of the Bidder in ink and must bear the signature in longhand of the person or persons duly authorized to sign the bid. Unsigned bids will be considered non-responsive, thus resulting in rejection of the bid. IV.15 MODIFICATIONS Changes in or additions to the bid form, recapitulations of the service bid upon, alternative proposals, or any other modification of the bid form from the electronic submission or other LACOE documents in this bid that are not specifically called for by LACOE may result in LACOE’s rejection of the bid as not being responsive. No oral or telephonic modification of any bid submitted will be considered. IV.16 ERASURES, INCONSISTENT, OR ILLEGIBLE BIDS The bid submitted must not contain any erasures, interlineations, or other corrections because the Bidder’s paper submission must be a print-out of what was submitted electronically. No change can be made between the submission of the electronic form and the print-out of what was submitted. If any discrepancies are found, the bid may be deemed non-responsive. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that LACOE determines that any bid is unintelligible, inconsistent, or ambiguous, LACOE may reject such bid as not being responsive. Bidders shall verify their bids before submission, as bids cannot be withdrawn or corrected after the bid opening



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IV.17 EXAMINATION OF BID AND CONTRACT DOCUMENTS Bidders shall thoroughly examine and be familiar with the bid documents and specifications. The failure or omission of any Bidder to receive or examine any bid document, form, instrument, addendum, electronic attachment or other documents, shall in no way relieve any Bidder from any obligation with respect to his bid or to the contract. The submission of the bid shall be taken as prima facie evidence of compliance with this section. All addenda issued during the time of bidding shall be incorporated into the bid automatically. IV.18 WITHDRAWAL OF BID After reviewing a bid document and clicking on the submit button to send it to LACOE, the electronic bid form may be retracted at the bidder’s option, prior to the bid due date. In addition, if a Bidder wants to withdraw his bid by physical paper notice, he may do so personally or by written request to LACOE's buyer, Michael Choi at any time prior to the scheduled closing time for receipt of bids. IV.19 INTERPRETATION OF BID AND CONTRACT DOCUMENTS Bidders who find discrepancies in or omissions from the bid documents may submit a written request for clarification or correction thereof. Written requests must be emailed to LACOE's buyer, Michael Choi at [email protected]. Questions or clarifications regarding the bid documents must be received by 3:00 p.m. Tuesday, November 13, 2018. Questions after this deadline will not be answered. A copy of all requests for clarification and the response thereto will be posted on the electronic bid for all registered Bidders to review. Corrections will be made by addenda. Addenda are noted on the External Notes section of the electronic bid form. Review the external notes log prior to submitting your bid to be sure you have read any and all addenda. LACOE will not be responsible for oral interpretations. All addenda issued during the time of bidding shall be incorporated into the bid automatically. IV.20 AMENDMENTS Bidders are advised that LACOE reserves the right to amend the requirements of this bid prior to the date set for opening of bids. Such revisions will be done formally by addenda issued to all Bidders known to have received a copy of the electronic bid documents. If in the judgment of LACOE the change is of such nature that additional time is required for Bidders to prepare their bids, LACOE may extend the date of the bid opening and notify all Bidders of the new date. V. Specifications [return to top] Sections V.1 through V.12 describe the specifications for goods sought. V.1 QUANTITIES This is an indefinite quantity bid for which there shall be no limit to the number of orders placed, in any quantity, by LACOE, or any participating public agency, for the term of the contract, at the prices resulting from award of an Agreement. V.2 GUARANTEE OF VOLUME Neither LACOE nor any other participating LEA guarantees any specific volume of sales through contracts awarded under this Invitation for Bid. This bid contemplates a wider range of equipment and peripherals. This bid will be eligible for use by education agencies throughout California.



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V.3 PRODUCT LINE Agency specifies twelve (12) brands of technology product lines to be bid, plus a corresponding array of peripherals and accessories for each respective branded product line. The product lines sought, in alphabetical order, are:

1) Anywhere Carts 2) Dell 3) Epson 4) Hewlett Packard 5) Hitachi 6) Microsoft 7) NEC 8) Optoma 9) Promethean 10) Sharp 11) SMART 12) Viewsonic

V.4 CORE LIST For each of the brands list above in Section V.3, Agency specifies a Core List of product specifications, for which Agency expects the most aggressive, fixed pricing, as opposed to the rest of a bidder’s catalog, where pricing is based on a percentage discount. Because technology changes quickly, education trends change, and products are frequently discontinued and/or become obsolete, the Agency reserves the right to replace items on the core list per the same discount and pricing model extended in this bid. The Awarded Vendor must offer “greater than” catalog pricing on all core list items under this contract. V.5 REST OF CATALOG This bid seeks all products manufactured within an identified product line. Product line shall consist of all hardware and software products manufactured and/or branded by the specific manufacturer listed. Bidder must be able to provide all products manufactured within the specified product line, unless 1) precluded by government law, regulation or treaty or 2) the manufacturer itself has limited the availability of some of its branded products to education agencies. If a Bidder is bidding a substitute brand with the objective of proving an equivalency, the Vendor must provide a product line that minimally consists of a range of laptops, tablets, a range of desk tops or work stations, a range of servers, and a catalog of proprietary or third-party peripherals and accessories to support the core computer offerings. An exception is made for the product line specified as Anywhere Carts, where peripherals and accessories are expected to include, at minimum, parts, power supplies, locking devices, and security accessories. Equivalency testing and evaluation, based on the non-returnable samples from the Bidder who is requesting consideration of a substitute will compare substitute configurations to comparable configurations within the actual product line specified. All decisions of LACOE are final.


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V.6 PROPRIETARY OR THIRD-PARTY PERIPHERALS AND ACCESSORIES To be responsive, a Bidder, in addition to the Core offerings, must make available a catalog of proprietary and/or third-party peripheral products and accessories to support the core computer offerings. (“Proprietary peripherals and accessories” means those non-computer products, peripherals, and accessories branded by the same manufacturer that is providing the core offerings. “Third-party peripherals and accessories” means those non-computer products, peripherals, and accessories branded by one or more companies other than the manufacturer providing the core offerings.) The Agency objective is for LEAs to decrease their total cost of procurement and ownership by obtaining necessary computer peripherals and accessories at discounted prices from a single source on a single purchase order. Proprietary or third-party peripherals and accessories may consist of items such as, but not limited to, scanners, printers, cameras, speakers, PDAs, MP3 players, speakers, memory cards, cases, monitors, ink, paper, cables, etc. Whether in the assortment of branded items or third-party offerings, a Bidder’s offerings must minimally include printers, scanners, cases, and monitors, except for the category of Anywhere Carts. V.7 A PRODUCT LINE MAY INCLUDE SERVICES A Bidder’s list of eligible products may include related services such as set-ups, imaging, maintenance, asset tagging, and training, provided 1) there is a corresponding, commercially available price list or rate card for those services 2) a discount has been bid for the respective category of services offered 3) a SKU number is attached to the service provided and 4) the service has a finite unit of measure such as “hourly,” or “per tag.” V.8 BRANDS Brand names are included for descriptive purposes to indicate the quality, design, and utility desired by LACOE, but the specifications are not intended to restrict competition. By law, brands of equal make or type to those specified will be considered. If bidding an equivalent, a Bidder shall indicate the manufacturer's name and model numbers of the products(s) being bid and shall submit samples in accordance with the Samples provision of this bid. Notwithstanding the acceptance of substitutes, Agency reserves the right to make awards in accordance with Education Code 1276. V.9 EQUIVALENTS AND SAMPLES LACOE seeks bids for products as described on the bid form. The identification of a branded product line is actually a specification and standard for goods to be procured. For each product identified by the Agency, a Vendor may bid a product-for-product equivalent. If the product being bid is an equivalent and not the actual branded product specified, the Bidder must, upon request, provide Agency with a non-returnable sample of each product bid within the product line for testing. Samples of equivalent products must be shipped to LACOE at Bidder's expense within two days of request by LACOE. V.10 STANDARD WARRANTY The Vendor warrants that all items furnished by the Vendor, its agents and designated partners shall be free and clear of any defects in material and workmanship and shall conform to the published specifications for such product and Vendor's representations regarding the functions and uses for which each product is marketed. The Vendor shall repair and/or replace any defective item with an item of equivalent or superior quality without any additional cost to any LEA as per the manufacturer’s standard warranty period for each product offered.


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The following paragraphs lettered with A through S relate solely to the specifications for Dell-branded products and items in a Dell-related catalog. They clarify the standard warranty period and requirements for products specifically related to the Dell-related products requested under this Invitation for Bid.

A. Dell-branded monitors, access points, keyboards and mice sold in conjunction with a Dell-branded system will be covered under the Awarded Vendor’s service and support policy. Although these items will be covered under manufacturer’s warranty, they will be eligible for a parts replacement program, not necessarily a next business day, on-site service program. Batteries for portable computers will be covered only during the initial one (1) year period of this warranty under a parts replacement program, not on-site service. Through the Awarded Vendor, LACOE or any participating LEA can purchase numerous third-party, non-Dell-branded products, including software, printers, drives, and monitors. Any warranty on a third- party product will be from the original manufacturer, not necessarily the Awarded Vendor. Since third-party product warranties may vary from product to product, an LEA can consult its product documentation or the product web site for specific warranty information.

B. Dell-branded hardware products purchased by LEAs in the United States will come with a 90-day, 1-year, 2-year, 3-year or 4-year limited warranty, depending on the product purchased. To determine which warranty came with an LEA’s purchases of hardware product(s), a notation for each Dell-branded product must be made on packing slips or invoices provided by the Awarded Vendor.

C. Awarded Vendor’s limited warranty will cover defects in materials and workmanship in its end-user customer's Dell-branded hardware products, including Dell-branded peripheral products.

D. Awarded Vendor’s limited warranty is not required to cover:

a. Software, including the operating system and software added to the Dell-branded hardware products through any factory-integration system, third-party software, or the reloading of software

b. Non-Dell branded and solution-provider-direct products and accessories c. Problems that result from:

i. External causes such as accident, abuse, misuse, or problems with electrical power

ii. Servicing not authorized by Awarded Vendor iii. Usage that is not in accordance with product instructions iv. Failure to follow the product instructions or failure to perform preventive

maintenance v. Problems caused by using accessories, parts, or components not supplied by

Awarded Vendor vi. Products with missing or altered Service Tags or serial numbers

E. Awarded Vendor’s responsibility for malfunctions and defects in hardware will be limited to repair

and replacement as set forth in the warranty statement. All express and implied warranties for the product, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose, will be limited in time to the term of the limited warranty period reflected on the packing slip or invoice. No warranties, whether express or implied, will apply after the limited warranty period has expired.


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F. Awarded Vendor is not liable beyond the remedies provided for in the limited warranty or for consequential or incidental damages, including, without limitation, any liability for third-party claims against a customer for damages, for products not being available for use, or for lost data or lost software. Awarded Vendor’s liability will be no more than the amount an LEA paid for the product that is the subject of a claim. This is the maximum amount for which Awarded Vendor will be responsible.

G. The limited warranty lasts for the time period indicated on an LEA’s packing slip or invoice, except for the following Dell-branded hardware:

a. Portable computer batteries will carry the lesser of either a one (1) year limited warranty or the length of the limited warranty for the Dell computer with which the battery is shipped.

b. A PERC5 battery may provide up to seventy-two (72) hours of controller cache memory backup power when new. Under the one (1) year limited warranty, Awarded Vendor will warrant that the battery will provide at least twenty-four (24) hours of backup coverage during the one (1) year limited warranty period.

c. Projector lamps will carry a ninety (90) day limited warranty. d. Memory will carry a lifetime limited warranty. e. The limited warranty for monitors purchased independent of a system will last for the

time period indicated on an LEA’s packing slip. Monitors purchased with a system will be covered by the system limited warranty.

f. PDAs, earphones, and remote inline controls will carry a one (1) year limited warranty. g. Other add-on hardware will carry the longer of either a one (1) year limited warranty for

new parts and a ninety (90) day limited warranty for reconditioned parts or, for both new and reconditioned parts, the remainder of the warranty for the Dell computer on which such parts are installed.

H. The limited warranty on all Dell-branded products will begin upon receipt of goods. The warranty period is not extended if Awarded Vendor repairs or replaces a warranted product or any parts. Awarded Vendor may change the availability of limited warranties at its discretion, but any changes will not be retroactive. However Section V.11 on Expanded Warranties will apply for the term of the contract and all extensions.

I. If an LEA has a warranty issue before the warranty expires, the LEA should call a number published by the awarded Vendor on its web site or on a service tag on the purchased product.

J. During the limited warranty period, Awarded Vendor will repair any Dell-branded hardware products returned to Awarded Vendor that prove to be defective in materials or workmanship. If Awarded Vendor is not able to repair the product, Awarded Vendor will replace it with a comparable product that is new.

K. When an LEA contacts Awarded Vendor, Awarded Vendor will issue a Return Material Authorization Number and a call tag (return shipping label) for an LEA to include with its return. LEAs must return the products to Awarded Vendor in their original or equivalent packaging. Awarded Vendor will return the repaired or replacement products to the LEA. Awarded Vendor will pay to ship the repaired or replaced products to the LEA if it uses an address in the United States. Otherwise, Awarded Vendor will ship the product to the LEA freight collect.

L. If Awarded Vendor determines that the problem is not covered under this warranty, Vendor will notify the LEA and inform it of service alternatives that are available on a fee basis.


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M. Before an LEA ships the product(s) to Awarded Vendor, LEAs must be sure to back up the data on the hard drive(s) and any other storage device(s) in the product(s). They should remove any confidential, proprietary, or personal information and removable media such as floppy disks, CDs, or PC Cards. Awarded Vendor is not responsible for any of an LEA’s confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media.

N. For the remaining period or years of the limited warranty, Awarded Vendor will replace any defective part with new parts, if Awarded Vendor agrees that it needs to be replaced. When Awarded Vendor contacts an LEA, Awarded Vendor will require a valid purchase order number at the time the LEA requests a replacement part, but Awarded Vendor will not charge the LEA for the replacement part as long as it returns the original part to Awarded Vendor within Thirty (30) days after Awarded Vendor ships the replacement part to the LEA. If Awarded Vendor does not receive the original part within Thirty (30) days, Awarded Vendor will charge to the invoice the LEA the then-current standard price for that part.

O. Awarded Vendor will pay to ship the part to the LEA if it uses an address in the United States. Otherwise, Awarded Vendor will ship the part freight collect. Awarded Vendor will also include a prepaid shipping container with each replacement part for the LEAs’ use in returning the replaced part to Awarded Vendor.

P. If an LEA purchases a service contract with Awarded Vendor, service will be provided to the LEA under the terms of the service agreement. If Awarded Vendor determines that the problem is not covered under this warranty, Awarded Vendor will notify the LEA and inform it of service alternatives that are available to on a fee basis.

Q. If an LEA purchases, through Awarded Vendor, a service contract with one of Vendor’s third-party service providers, information on how to obtain service will be included with that purchased service contract.

R. Awarded Vendor may use new parts made by various manufacturers in performing warranty repairs and in building replacement parts and systems. All parts and systems are to be inspected and tested for quality. Replacement parts and systems will be covered for the remaining period of the limited warranty for the product the LEA bought. Awarded Vendor will own all parts removed from repaired products, unless prohibited by law.

S. Limited warranties on systems may be transferred if the current owner transfers ownership of the system and records the transfer with Awarded Vendor. The limited warranty on Dell-branded memory may not be transferred. Vendor will provide a URL, whereby an LEA may record its transfer.

V.11 EXPANDED WARRANTY Notwithstanding Section V.10 above, all institutional quality laptops, desktops, workstations, and servers shall be covered by a minimum three (3) years on-site, warranty covering parts, labor and travel time for all items unless otherwise specified. The warranty period shall commence upon the receipt of items ordered by the LEA. LACOE requires and Awarded Vendor agrees that replacement parts shall be new and warranted as new. The on-site provisions in Awarded Vendor’s warranty do not cover monitors, keyboards, mice, printers, software, external peripherals and/or Third Party Products. The following paragraph letter A relates solely to the specifications for Dell-branded products and items in a Dell-related catalog.


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A. Awarded Vendor will provide all OptiPlex, Latitude, Precision and Poweredge systems with a three (3) year, next business day, onsite parts and labor already included in the price paid by LACOE and all participating LEAs. All warranties will be provided in accordance with the limited warranties applicable to Dell-branded hardware products. Awarded Vendor’s proposed support service level shall be in accordance with the numbered quotation from the Awarded Vendor corresponding to a particular order by LACOE or an LEA. Both warranty and support service plan begin on the date of receipt of items ordered. Invoice date must not be prior to the shipment of computer.

V.12 NEWLY MANUFACTURED ITEMS This bid envisions that newly manufactured products and new inventions will come to market during the course of the contract. Because Bidders are bidding by formula discount on a class of products, newly manufactured items may be added to the contract if, in LACOE’s sole discretion, the newly manufactured item clearly falls into an identified class of products specified by the Bidder on his or her original bid form and the corresponding discount can be applied. If the proper class and discount cannot be identified, the new item may not be added to the list of eligible items under contract. VI. Pricing [return to top] VI.1 LACOE CORE LIST ITEMS Within each product line, Agency has created a Core List of products which it expects to be the most frequently purchased products within the identified product line. Bidders must provide a fixed price for each of the Core List items. No item may be skipped or marked as “no bid.” If the specified item is not available as specified, Bidder must provide a substitute that is equivalent or better than the specified item. Bid prices for the Core Items must be priced as fixed for the initial term of the contract, as opposed to being priced by formula. However, an Awarded Vendor may offer a voluntary discount to any LEA. Within each product line, LACOE and LEAs reserves the right to create bundles or core configurations which may become a standard for ordering within the Agency. Agency reserves the right to request a voluntary discount from the Awarded Vendor for such core configurations that become a standard system within the Agency. Vendor may offer a further discount or decline to give a greater discount. In no case, however, may the price for a configuration be higher than the cost for items bought separately at the bid discount. VI.2 FORMULA PRICING For each product line specified, Bidders will provide a formula discount that will apply to all items in its catalog, apart from Core List Items. Formula pricing is the formal bid of fixed discount(s), off of a specified price list, within identified categories, contained in its commercially available catalog and/or online catalogs. Bidders may segment their catalog by self-defined categories and apply different discount percentages to the categories. Bidders must identify the name of their commercially available price list or catalog on the Quote Sheet.


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When applied to the identified catalog, the formula shall create an effective price, which is the price to be paid by Agency and all participating LEAs. Effective prices will be used in the determination of who is the low Bidder. Vendors will be bound to the fixed discount(s) for the term of the contract and all extensions, but the published prices contained within the specified catalog may change once annually at the time the Vendor’s commercially available catalog changes, except as allowed in Section X.10. The specified price list or rate card for each quoted discount must exist for the term of the contact and all extensions, so that effective pricing can be calculated and audited by LACOE at any time. If during the course of the agreement, the baseline pricing methodology for an Awarded Vendor’s Commercially Available catalog changes, LACOE may consider a change in the Awarded Vendor’s discount formula, provided that the price to end users remains the same as it was under the previous methodology. No floor may be established as part of any formula. No Bidder may bid with a formula containing a requirement that a price for a certain good must be kept above some defined level. Contract prices will always be the List Price minus the discount, rounded to the nearest whole cent. The price list, rate card or catalog must be available to LACOE upon request at any time during the term of the contract. An Awarded Vendor may not refuse to sell a LEA an item published in its catalog solely because Vendor’s cost basis has changed during the course of the contract. VI.3 PREPARATION OF THE QUOTE SHEET Agency specifies twelve (12) brands of technology product lines to be bid, plus a corresponding array of peripherals and accessories for each respective branded product line. The product lines sought, in alphabetical order, are:

1) Anywhere Carts 2) Dell 3) Epson 4) Hewlett Packard 5) Hitachi 6) Microsoft 7) NEC 8) Optoma 9) Promethean 10) Sharp 11) SMART 12) Viewsonic

For any of the product lines being bid upon, Bidder must formally bid the discount(s) offered by specifying the discounts on the Quote Sheet of the Excel bidding SKU Template, which is attached to the bid form. Awards will be made by whole product line. To bid on a product line, a Bidder must download the appropriate spreadsheet, open it, and on the Quote Sheet, identify the discounts to be offered, either by


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entire product line or by subcategory, alongside the name of the price list from which the discount will be calculated. The Quote Sheet limits Bidders to 60 subcategories of variable discounts. If 60 lines are insufficient, subcategories with the same discount percentage may be grouped together. (See the attachment on the electronic bid form for an example of a Quote Sheet filled out properly.) VI.4 PREPARATION OF THE BID RESPONSE WORKSHEET On the Bid Response Worksheet, Bidder must provide a base price for each of the items specified and the appropriate discount for that item. The spreadsheet is preconfigured to calculate the effective price.

Note: Some Core List items listed on the spreadsheet are for fully configured computer systems with add-ons and interior components that could represent components in the bidder’s catalog -- each component having a unique discount structure under the Bidder’s bid submission. For these configured systems, the spreadsheet has been designed to accept only a final, fixed, effective price. The final price must be the same or lower than if all of the components had been ordered separately.

The purpose of seeing individual products SKUs with Bidder’s effective pricing on the spreadsheet is to evaluate a Bidder’s bid discount. Only the final effective price can reveal the sufficiency or comparative value of the discount(s) being quoted. The list of individual SKUs is for evaluation use only. Listing or omitting any SKU does not authorize or prevent that respective SKU from being offered under the contract, because this bid seeks all products manufactured by the respective manufacturers. See the attached PDF file for a sample of how a Quote Sheet and a Bid Response Worksheet are properly filled out. Once completed, the spreadsheet file must be electronically attached alongside the name of the corresponding product line being bid upon using Epylon hosted software. In addition, the quote sheet must be printed out, signed and included in the sealed package for hand-delivery to LACOE. Not doing so is cause for rejection as non-responsive. VI.5 NET PRICING Bid all prices net, including trade discounts. No taxes, disposal fees, environmental fees or transactions fees are to be included in the bid price. Awarded Vendors are authorized to separately charge state-mandated disposal fees on all purchases as required by law. These fees will not be factored in evaluation. VI.6 DISCOUNTS Cash discounts will not be considered in determining low price during the bid evaluation and bid process. Cash discounts, when offered, will be computed from final date of accepted delivery or receipt of invoice, whichever is later. VI.7 VOLUNTARY DISCOUNTS Agency reserves the right for itself and all eligible LEAs to request voluntary price reductions from the Awarded Vendor.


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LACOE or any LEA may obtain a written quotation from the LACOE Awarded Vendor indicating the volume or voluntary discount pricing and stating that it is a LACOE/EdBuy Discount Price Quote. In no case, shall any line-item price charged be higher than the bid price. VI.8 CORE LIST CHANGES Because of the changing nature of technology, LACOE reserves the right to make changes to the Core List annually after a review of technology needs and order history. The minimum discount and the maximum price for any items added to the Core List will be the bid’s effective price based on a Bidder’s discount formula. However, LACOE reserves the right to ask an Awarded Vendor for a voluntary discount. Granting an additional discount is at the sole discretion of the Awarded Vendor. VI.9 SUBSTITUTIONS By law, LACOE will consider substitutes for bid. A substitute manufacturer’s product line must have the same quality, utility, and capability of the product line specified, but may be different in manufacturer or brand. The Bidder offering the substitute must meet all Bidder and Vendor qualifications. Samples must be provided for a substitution to be considered. VI.10 SAMPLES California law allows the consideration of equivalents. Bidders who are bidding brands different than those specified must submit samples to LACOE’s Purchasing Section within two (2) days of a request from LACOE, as follows:

1) All packages containing samples must be clearly labeled "COMPUTER BID SAMPLES" and each sample clearly identified with the bid number and item number referenced by LACOE under which the sample is to be considered.

2) Vendors who do not comply with these instructions will not be considered for award. All samples shall be provided by the Bidder at no cost and become the property of LACOE, unless otherwise agreed to in writing by LACOE and the Bidder. Samples may be used, tested and destroyed in the process of evaluation.

3) Samples sent direct from manufacturers must be properly labeled in accordance with the above provisions.

4) Do not depend on the good will of manufacturers to ensure that proper samples have been provided.

VI.11 DISCREPANCIES In case of a discrepancy between the spreadsheet file attachments submitted electronically and the spreadsheet print out in the sealed envelope, LACOE may deem the bid non-responsive. In such cases, the print out copy shall rule. VII. Ordering, Shipping and Delivery [return to top] Sections VII.1 through VII.9 deal with the ordering, shipping and delivery process VII.1 ORDERING To obtain bid pricing, districts shall only reference the applicable LACOE authorized Agreement numbers or specify the LACOE/EdBuy contract name. No supplier bid numbers, quotes, or reference numbers are


26

required for order placement. LEA lists and quotes created from the EdBuy or Epylon websites will automatically reference the appropriate LACOE contract. VII.2 ACCEPTANCE OF PURCHASE ORDERS If an award is made to a Vendor, the Awarded Vendor may receive a Purchase Order to furnish the awarded item(s) in accordance with these Standard Purchase Order Terms and Conditions:

1) Any LEA may issue purchase orders against this agreement. These constitute the Vendor's authority to make delivery. All purchase orders received by the Awarded Vendor up to and including the expiration date of the agreement are acceptable and must be shipped in accordance with the delivery time specified in the agreement.

2) As stated in Section IX.4, Transaction Fees, Awarded Vendors shall be required to pay the

transaction fee for all purchases by entities made through the awarded contracts. This applies to all orders, regardless of the method used to submit the order, or the quantity or dollar amount of the order.

3) Purchase Orders may be issued by LEAs to Awarded Vendors through Epylon accounts at

www.epylon.com or through facsimile equipment to the following EdBuy facsimile number: (800) 606-6148 as follows:

a. Purchase orders will arrive in the Vendor’s Order inbox, accessed at www.epylon.com

through a previously established login with a user name and password. Receipt of the electronic or facsimile transmission of the purchase order shall constitute receipt of an order.

b. Awarded Vendors who receive a Purchase Order directly from LEAs (e.g. directly by

fax, mail, or in person), where the Purchase Order is marked as relating to the LACOE or EdBuy bid and has not first been submitted to the EdBuy purchase order clearinghouse or through the Epylon system, are required to send such Purchase Order to EdBuy for archiving and entry into EdBuy’s database.

Sub-paragraphs A and B of this section may be superseded by a separate agreement between the Awarded Vendor and Epylon for punchout, e-order integration and reporting.

4) Purchase orders may be submitted directly to Vendors who comply with monthly reporting

responsibilities to LACOE and EdBuy.

5) When an LEA is using federal grant funds, the LEA and the Awarded Vendor shall be subject to Education Department General Administrative Regulations (EDGAR). This requirement applies, but is not limited to, funds such as National School Lunch Program, ESEA, and Title I, Title II, Title III, Title IV, Title V, Title VI, Title VII, and Title VIII. EDGAR regulations are detailed in Title 34 of the Code of Federal Regulations, and are more simply summarized on the website of the U.S. Department of Education at https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html.

VII.3 INVOICING

https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html


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All invoices are to be sent directly to the purchasing LEA. LEAs will normally pay invoices within 30 days of receipt of order, or in compliance with their board policy on bill payment. The AGENCY will encourage LEAs to arrange for prompt payment where possible and for payments of partial shipments. VII.4 PAYMENT The LEA shall put forth reasonable efforts to make payment by the required payment date. The required payment date is: (a) the date on which payment is due under the terms of the Purchase Order; or (b) 30 days after a proper invoice actually is received at the "Bill To" address. Payment may be delayed if the payment amount on an invoice is not based upon the price(s) as stated in the purchase order and the items actually received and/or any other order discrepancies. Payment should not be construed by the Vendor as acceptance of the items furnished by the Vendor. Unless Vendor is notified by phone, in writing, or by email, acceptance shall be deemed to have occurred on the first day after delivery of the product to the LEA or upon written acceptance of the completed service. The LEA reserves the right to conduct further testing and inspection after payment, but within a reasonable time after delivery, and the warranty shall cover any defective items after acceptance. Vendor may establish payment terms that are net 30 days from the date of invoice and require any variations from standard terms to be approved in advance of acceptance of an order. VII.5 DELIVERY REQUIREMENTS Deliveries shall be delivered to the warehouse of LACOE, the Orange County Department of Education, any of the public school districts within Los Angeles and Orange Counties, or to any other eligible LEA in California as specified on the LEA’s purchase order. VII.6 SHIPPING Orders over $500 must be shipped F.O.B. DEST., FRT. PREPAID. For orders under $500, Vendor has the option of charging reasonable shipping costs. VII.7 DELIVERY TIMES Awarded Vendor will make reasonable efforts to deliver ordered products within 15 days. However, LACOE accepts that under certain conditions dock-to-dock shipments for products may take between 14 and 30 days. If orders take longer than 30 days, an LEA will have the option of canceling the order with no penalty. Notwithstanding the foregoing, if the LEA accepts a delivery period of longer than 30 days for a particular item or items, then LACOE shall allow such delivery. VII.8 INSPECTION AND ACCEPTANCE All items provided under the Agreement shall meet or exceed the bid specifications and shall comply with all Federal and California State laws governing their production, handling, processing and labeling. Inspection and acceptance of all items shall be at destination. Items found to be defective or not in accordance with the bid specifications shall be replaced by the Bidder at no cost to LACOE, or any participating public agency. Failure to replace said items shall be considered sufficient cause for default action under the DEFAULT provision of the Agreement.


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Prior to any declaration of Default by LACOE, Awarded Vendor shall be provided with a 15 day period in which to cure any defects. Should such defects be cured within this 15 day period, LACOE shall not terminate the agreement for default. If LACOE still feels that the Awarded Vendor did not cure, the Agency shall terminate for convenience or send another notice to begin a new cure period. VII.9 POST PAYMENT REJECTION The Awarded Vendor should not construe payment as acceptance of equipment, goods, materials or supplies furnished under this agreement. Within 30 days of delivery, the AGENCY or LEA reserves the right to conduct further testing and inspection, even after payment, and the appropriate warranty provisions shall cover any items with a defect or a failure to meet specifications. All hardware, accessories, peripherals, and parts, as well as software that is unopened and still in its/their sealed package or, if delivered electronically, that has not been downloaded, may be returned within 30 days from the date on the packing slip or invoice for a credit or a refund of the purchase price paid, less shipping and handling and applicable restocking fees. VIII. Evaluation and Awards [return to top] VIII.1 AWARD OF BID/CONTRACT LACOE reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or the bidding, and to make its selection of awards based upon its best judgment as to which items substantially comply with the specifications, or which are most economical and/or best suited for the purpose for which they are intended. VIII.2 AWARD BY COMPLETE PRODUCT LINES ONLY It is LACOE’S intent to award by complete product lines. There will be only one (1) award within each product line. Product lines will not be split. One (1) award will be made for each Product Line specified, if there is a lowest-cost, responsible and responsive Bidder in each category or a Vendor qualified under Education Code 1276. LACOE reserves the right, in its sole discretion, to apply substitute product lines offered by a Bidder to a product line category different than the product submitted by a bidder, if the products offered are of the same quality, utility and capability of the product category specified by LACOE. VIII.3 RESPONSIVE TEST Bids will be judged first on whether they are responsive. A bid will be considered responsive if:

• The electronic bid has been received on time • All required questions have been answered • All required attachments are present • Discounts have been identified on the Quote Sheet • The Bid Response Worksheet provides prices for a sampling of line-item SKUs • Any required samples have been provided • Hard copies of the bid and necessary attachments have been delivered to LACOE On time • The Bidder meets the Benchmark Pricing Test (section VIII.5)


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VIII.4 RESPONSIBLE TEST A Bidder will be considered responsible if he or she, in answering questions, meets requirements in Section III. VIII.5 BENCHMARK PRICE TEST Although LACOE intends to make an award in each product line category, it may forego, at its sole option, an award for any particular product line if a bid does not pass the Benchmark Pricing Test. The Benchmark Pricing Test shall be as follows:

• For all Product Lines, when considering Core Computer Configurations, a Bidder’s effective prices to LACOE must be at or below the prices for the same configured system as can be obtained through the Western States Contracting Alliance (WSCA), if a WSCA award is applicable and in force at the time of bid submission.

VIII.6 EFFECTIVE PRICE EVALUATION Where two (2) or more Bidders have bid on a single product line and no substitutions have been offered, the determination of lowest price shall be based on a comparison of each Bidder’s effective discounted prices. Comparison of bidder’s prices includes a one-for-one comparison of all core items and a comparison of pricing on a virtual market basket of bidders’ equal and common SKUs for rest-of-catalog items listed on the Bid Response tab of all bids. For the purposes of evaluation, the value of Core List items will be weighted at 80 percent, and the virtual market basket will be weighted at 20 percent. A theoretical example of this scoring is shown in the following table.

Bidder Name

Core Bid Total

Weight @ 80%

Market Basket Total

Weight @ 20%

Combined Total

Total of Weighted Amounts Ranking

Bidder 1 $19,800.00 $15,840.00 $100,010.00 $20,002.00 $119,810.00 $35,842.00 3

Bidder 2 $23,300.00 $18,640.00 $80,599.00 $16,119.80 $103,899.00 $34,759.80 2

Bidder 3 $20,000.00 $16,000.00 $91,000.00 $18,200.00 $111,000.00 $34,200.00 1

Notwithstanding this evaluation, LACOE reserves the right to award in accordance with Education Code 1276. VIII.7 COMPARISON OF SUBSTITUTES Where a Bidder is offering a substitute product line in place of the specified product line, LACOE shall first compare sample products for equivalence in both quality and function. If in LACOE’s sole determination, the samples provided are equivalent, exact configurations of products will be compared to the equivalent configurations of the specified items for a determination of lowest price. Notwithstanding this evaluation, LACOE reserves the right to award in accordance with Education Code 1276. VIII.8 IDENTICAL BIDS If identical low bids are received from responsible Bidders, LACOE will determine which bid will be accepted pursuant to Public Contract Code Section 20117 or Education Code 1276. VIII.9 BIDS VALID FOR 90 DAYS


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Prior to a contract award, all bids shall remain open and valid and subject to acceptance for 90 days after the bid opening date. VIII.10 TERM OF AGREEMENT The Agreement is effective upon execution of agreement through December 31, 2019. Awards are valid throughout the Agreement period in accordance with Education Code Section 17596. VIII.11 PROTEST AGAINST AWARD Any protest against the award of a contract pursuant to this bid must be received within ten (10) calendar days after bid opening. LACOE shall not be obligated to consider protests received after the above-specified deadline. All protests must be in writing and submitted to the Administrative Services Officer. Mailed letters of protest are to be addressed to the Los Angeles County Office of Education, Procurement Services, Purchasing Section, Ed Center West, Room 101, 9300 Imperial Highway, Downey, CA 90242-2890 and marked to the attention of Interim Administrative Services Officer, Kristen Kenton. IX. Fees & Costs [return to top] Sections IX.1 through IX.4 deal with fees and costs related to the bid and subsequent purchase orders. IX.1 BID FEES There are no fees to submit a bid. IX.2 NO FEE FOR ELECTRONIC BIDDING There is no cost to register for or use the Epylon bidding system. Any legitimate company or Bidder may have access to the system for the purpose of bidding. The bidding process involves answering questions, selecting which categories of the Standard School Supplies and Equipment List will be bid, adding necessary explanatory attachments in electronic form, and filling out a bid form with pricing. IX.3 BID COSTS LACOE will not pay the Bidder or agents for any costs incurred by the Bidder in the preparation, presentation, or demonstration of this bid, nor will it pay for samples, the submission of samples or the shipment of samples. IX.4 TRANSACTION FEES As authorized by Public Contract Code 20118, a transaction fee is charged to fund administrative costs of soliciting bids and managing contracts. Transaction fees are the funding source for the operation of the EdBuy cooperative purchasing program and the advertising for bids. Awarded Vendors shall be required to participate in the EdBuy program and pay a transaction fee ("Transaction Fee") for all purchases by entities made through the awarded contracts. For the purpose of this Standard School Supplies Bid issued through LACOE and all contracts awarded using this document, the Transaction Fee shall be 1.75 percent of "Net Sales," which means gross sales less returns and cancelled orders within 30 days, shipping and sales and other taxes (excluding taxes based on net income). Transaction Fees will not be charged to or paid by the buyers themselves. Awarded Vendor or its designated authorized reseller(s) shall not include any additional amount corresponding to the Transaction Fees in the bid responses or awarded contract prices. This applies to all orders, regardless of


31

the method used to submit the order, or the quantity or dollar amount of the order. Epylon will collect the Transaction Fee on behalf of the EdBuy program. By submitting a bid, an awarded Vendor agrees to Epylon's Terms and Conditions for Vendors in the Epylon Merchant Agreement, which is found in Section XII.1, and will be bound to the Epylon Merchant Agreement as a part of the Terms and Conditions of the Bid and Contract between the Awarded Vendor and Agency. The Transaction Fee stated in this bid form in this Section IX.4 is the agreed upon Epylon Marketing Fee contemplated by Section 7 of the Epylon Merchant Agreement. The Agreement is attached and incorporated as part of this bid. X. Post Award Requirements [return to top] X.1 WEB SITE CONFIGURATION Each Bidder agrees that if they are awarded an Agreement under this bid, they will cooperate in the development of or access to a web site, either through EdBuy or linked to EdBuy and its affiliate web sites, wherein all contract items will be visible to eligible LEAs, and whereby LEAs will be able to create a numbered quote that can be printed out and attached to a purchase order to be faxed in accordance with ordering instructions contained in this bid document. X.2 PUNCHOUT It is LACOE’s preference, but not a requirement, that awarded Vendors have a punchout and e-order relationship with Epylon for the electronic transmission of orders. LACOE envisions a majority of orders can flow to the Vendor electronically through the EdBuy program, if the Vendor has the capability of accepting them. X.3 ELECTRONIC RETRIEVAL OF QUOTE NUMBERS Currently many Vendors have integrated with the Epylon system so that line-item data from a Vendor’s quotes can be retrieved electronically from the Vendor and added back into a LEA’s purchase order form, circulate for approvals and be transferred back to the Vendor via cXML protocols. It is LACOE’s preference, but not a requirement, that the Vendor work with EdBuy and Epylon in the development of a mutually beneficial data transfer procedure. X.4 SUBMISSION OF CATALOG ITEMS In order to satisfy local County Office of Education rules regarding a Standard School Supply and Equipment List, an awarded Vendor may be required to initially provide a full electronic spreadsheet file listing prices of all items under contract and to update the list annually or more frequently if an Awarded Vendor’s catalog changes more frequently. X.5 SAFETY DATA SHEETS Awarded Vendor must comply with all applicable state and federal laws. For emphasis, LACOE states here that Bidders receiving awards on services subject to Chapter 4 (Industrial Safety Orders) California Administrative Code, Title 8, Division of Industrial Relations must submit, to LACOE's Maintanence and Operations Officer, Carl Burns and to each participating school district and government agency, Safety Data Sheets for those items. XI. Contract Length and Termination Rights [return to top]


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XI.1 DEFAULT In the event the Bidder to whom a contract is awarded fails to perform in accordance with the terms and conditions of the bid or the contract, LACOE may terminate the Vendor’s orders, in whole or in part, in accordance with the TERMINATION FOR DEFAULT provision of this bid. XI.2 TERMINATION FOR DEFAULT LACOE may, by written Notice of Default to the successful Award Vendor, terminate the contract issued in whole or in part if:

A. The Awarded Vendor fails or neglects to perform any of the services listed herein in the manner and time specified, or if, in the opinion of the LACOE, the items(s) provided fail to perform satisfactorily;

OR

B. The Awarded Vendor fails to perform any of the other provisions of the bid, contract, or purchase

order, and does not cure such failure within a period of 15 days (or such longer period as LACOE may authorize in writing) after receipt of notice from LACOE specifying such failure.

In the event LACOE terminates the contract, in whole or in part, LACOE or any participating public agency may acquire goods similar to those terminated from another source, and the successful Bidder shall be liable for any excess costs of acquisitions of such similar goods. XI.3 TERMINATION FOR PROGRAM, SITE CLOSURE, RE-ORGANIZATION OR REDUCTION OF FUNDS/FUNDING In the event funds for programs are discontinued or funds are not allocated within LACOE, or participating public agency, for the continuation of this contract in whole or in part, LACOE, or participating public agency, may terminate the service(s) under this clause without penalty. LACOE does not guarantee that any or all services will be requested for the duration of the contract period. In the event of Contract Termination, notice shall be given to Awarded Vendor 30 days prior to the termination effective date. XI.4 TERMINATION FOR CONVENIENCE If LACOE elects to terminate the contract, in whole or in part, for its convenience, such termination shall be effective 30 calendar days after receipt of such Notice of Termination for Convenience to the Bidder. Thereafter, the Bidder shall have no further claim against LACOE under the contract. Awarded Vendor reserves the right to refuse an extension of the term of this contract, if an extension is offered by LACOE. XI.5 TERM OF AGREEMENT The Agreement period is the Official Award Date through December 31, 2019. Awards are valid throughout the Agreement period. XI.6 EXTENSIONS OF CONTRACT TERM Per Education Code Section 17596, LACOE at its sole discretion may elect to extend the term of this contract for two additional one-year periods, each year’s extension being a discrete event depending upon the mutual consent of the Awarded Vendor.


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LACOE shall give such notice of extension to the Contractor approximately 60 days before expiration of each term. The Initial Term expires on December 31, 2019. If extended for one year after the Initial Term, the contract will expire on December 31, 2020. If extended for one year after the Second Term, the contract will expire on December 31, 2021. XII. Other Terms and Conditions [return to top] XII.1 EPYLON TERMS AND CONDITIONS Vendor will be bound to an Epylon Merchant Agreement which is attached - either an agreement a Vendor has in force with Epylon in California or, alternatively, the standard Merchant Agreement. XII.2 FORCE MAJEURE Neither party will incur any liability to the other if its performance of any obligation pursuant to the Agreement or purchase order is prevented or delayed by causes beyond its control and without the fault or negligence of either party. Causes beyond a party's control may include, but are not limited to, acts of God or war, changes in controlling law, regulations, orders, requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes. The Vendor shall notify the Agency (LEA) orally within five (5) business days and in writing within ten (10) business days of the date on which the Vendor becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Such notification shall (i) describe fully such cause(s) and its effect on performance, (ii) state whether performance under the Agreement (purchase order) is prevented or delayed and (iii) if performance is delayed, state a reasonable estimate of the duration of the delay, if the nature of the force majeure event does not prevent Vendor from reasonably making such estimation. The Vendor shall have the burden of proving that such cause(s) delayed or prevented its performance despite its diligent efforts to perform and shall produce within ten (10) business days of LEAs written request such supporting documentation as the Agency (LEA) may reasonably request. After receipt of such notification, the LEA may elect either to cancel the purchase order or to extend the time for performance as reasonably necessary to compensate for the Vendor's delay. In the event of a declared emergency by competent governmental authorities, the LEA by notice to the Vendor, may suspend all or a portion of the purchase order. XII.3 ASSIGNMENT OF THE CONTRACT The contract awarded under this bid shall not be assigned without the prior written approval of LACOE's Administrative Services Officer. XII.4 LIABILITY The Bidder shall hold harmless LACOE, the Orange County Department of Education, or any of the participating public school districts within Los Angeles and Orange Counties, their officers, agents, and


34

employees from liability of any nature or kind whatsoever on account of use by the publisher or author, manufacturer or agent, of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used under this bid. XII.5 PUBLIC RECORDS All documents received by LACOE, as a public agency, in connection with this bid are subject to the requirements of the California Public Records Act, Government Code 6250-6270. Bidder shall identify information contained in the bid, which the Bidder deems to be confidential or proprietary and wishes to be withheld from disclosure to others under the state Public Records Act. Note: A blanket statement that all contents of the bid are confidential or proprietary will not be honored by LACOE. XII.6 RIGHTS OF EACH LEA In preparing responses, Bidders should understand that the rights and remedies of the LEA provided above shall not be exclusive and are in addition to any other rights and remedies provided by law and under the contract. XII.7 CAL-OSHA Bidders certify, by submitting their signed bid(s) that all items being bid meet or exceed all applicable CALOSHA Codes. XII.8 EXPORT COMPLIANCE Awarded Vendor and Customer acknowledge that products licensed or sold under this or any resulting Agreement are subject to the export control laws and regulations of the United States or those of other countries in which they are used and agree to abide by those laws and regulations. [END]

of 47 Partial List of Eligible Agencies

Bid #18/19-1620-Standard School Supplies: Computers, Laptops, Tablets, Interactive Boards, Projectors and Computer-

Related Equipment

Partial List of Eligible Agencies Los Angeles County Office of Education

Bid #18/19-1620- Standard School Supplies: Computers, Laptops, Tablets, Interactive Boards, Projectors and Computer-Related Equipment

County Offices of Education

County Agency Name Alameda Alameda County Office of Education Alpine Alpine County Office of Education Amador Amador County Office of Education Butte Butte County Office of Education Calaveras Calaveras County Office of Education Colusa Colusa County Office of Education Contra Costa Contra Costa County Office of Eduction Del Norte Del Norte County Office of Education El Dorado El Dorado County Office of Education Fresno Fresno County Office of Education Glenn Glenn County Office of Education Humboldt Humboldt County Office of Education Imperial Imperial County Office of Education Inyo Inyo County Office of Education Kern Kern County Office of Education Kings Kings County Office of Education Lake Lake County Office of Education Lassen Lassen County Office of Education Los Angeles Los Angeles County Office of Education Madera Madera County Office of Education Marin Marin County Office of Education Mariposa Mariposa Conty Office of Education Mendocino Mendocino Conty Office of Education Merced Merced County Office of Education Modoc Modoc County Office of Education Mono Mono County Office of Education Monterey Monterey County Office of Education Napa Napa County Office of Education Nevada Nevada County Office of Education Orange Orange County Office of Education Placer Placer County Office of Education Plumas Plumas County Office of Education Riverside Riverside Cnty., Office of Education Sacramento Sacramento County Office of Education San Benito San Benito County Office of Education San Bernardino San Bernardino County Office of Education San Diego San Diego County Office of Education San Francisco San Francisco County Office of Education San Joaquin San Joaquin County Office of Education



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San Luis Obispo San Luis Obispo County Office of Education San Mateo San Mateo County Office of Education Santa Barbara Santa Barbara County Office of Education Santa Clara Santa Clara County Office of Education Santa Cruz Santa Cruz County Office of Education Shasta Shasta County Office of Education Sierra Sierra County Office of Education Siskiyou Siskiyou County Office of Education Solano Solano County Office of Education Sonoma Sonoma County Office of Education Stanislaus Stanislaus County Office of Education Sutter Sutter County Office of Education Tehama Tehama County Office of Education Trinity Trinity County Office of Education Tulare Tulare County Office of Education Tuolumne Tuolumne County Office of Education Ventura Ventura County Office of Education Yolo Yolo County Office of Education Yuba Yuba County Office of Education

School Districts and State-Authorized Schools

County School District or Agency

Alameda California School for the Blind (State Special Schl) Alameda California School for the Deaf-Fremont (State Special Schl) Alameda Alameda Unified Alameda Albany City Unified Alameda Berkeley Unified Alameda Castro Valley Unified Alameda Emery Unified Alameda Fremont Unified Alameda Hayward Unified Alameda Livermore Valley Joint Unified Alameda Mountain House Elementary Alameda Newark Unified Alameda New Haven Unified Alameda Oakland Unified Alameda Piedmont City Unified Alameda San Leandro Unified Alameda San Lorenzo Unified Alameda Tri-Valley ROP Alameda Eden Area ROP Alameda Mission Valley ROC/P Alameda Dublin Unified Alameda Pleasanton Unified



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