BID# B11-12-13

E-RATE TELECOMMUNICATIONS SERVICES

SANTA CLARA COUNTY OFFICE OF EDUCATION

TABLE OF CONTENTS

FOR

E-RATE TELECOMMUNICATION SERVICES

AT

SANTA CLARA COUNTY OFFICE OF EDUCATION

1. Table of Contents Page 1

2. Instructions and Conditions Pages 2 – 7

3. Specifications Pages 8

4. Bid Form Pages 9 – 10

5. Attachments

a) Affirmative Action

b) Nondiscrimination by Supplier

c) Bidding Questionnaire

d) Workers Compensation

e) Sub-Contractors List

f) Noncollusion Declaration

Forms also available at http://www.sccoe.org/depts/purchasing/required-docs.asp

NOTE: The Table of Contents and all items listed are to be made a part of the above referenced bid.

______

A.D. Bursch, CPM

Purchasing Manager

INSTRUCTIONS AND CONDITIONS

FOR

E-RATE TELECOMMUNICATION SERVICES

AT

SANTA CLARA COUNTY OFFICE OF EDUCATION

NOTICE IS HEREBY GIVEN that the Santa Clara County Office of Education, San Jose, California, hereinafter referred to as the Owner, will receive up to, but no later than, Monday, January 7, 2013 at 3:00 p.m. sealed bids for:

E-RATE TELECOMMUNICATION SERVICES

Bids shall be received in the office of the Purchasing Manager of the Owner at 1290 Ridder Park Drive, San Jose, California 95131 and shall be opened and publicly read aloud at the above stated time and place.

All prices quoted shall be FOB-Destination.

The Owner reserves the right to reject any or all bids, to waive any informality in the bidding process and to be the sole judge of whether or not a bid meets the needs of this office.

CONTACT

Any questions regarding bidding procedures should be directed to Senior Buyer, Nada Cavigliano at (408) 453-6920 or email .

Any technical questions regarding this bid should be directed to Steven Mitome at (408) 453-6897 or email .

PREPARATION OF BID

The County Office of Education is requesting three (3) copies of the bids be submitted. All bids submitted must be in sealed envelopes bearing on the outside the name of the bidder, the address, and the name of the project for which the bid is submitted. Further bid contents are described on page 10 under the Project Specifications section. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the vendor unopened. Any RFP documents, letters and materials submitted by the vendor shall be binding and included as part of the final contract. Unauthorized conditions, limitations, or provisions attached to this RFP may render it informal and may cause its rejection.

TIME OF DELIVERY

Time of delivery is a part of the bid and must be adhered to. If it is impossible to meet delivery time, bidder shall state best delivery possible for each item. Time, if stated as a number of days shall mean calendar days.

TERMS OF THE AGREEMENT AND RENEWAL OF ONGOING SERVICES

1.  The term of the agreement will be begin January 30, 2014 and ending on June 30, 2014.

2.  May be month-to-month or contracted.

3.  Santa Clara County Office of Education will only budget and pay for services that receive E-rate and/or California Teleconnect Discount (CTF) funding. It is the responsibility of the Vendor to prepare and accept payment for discounted services from Santa Clara County Office of Education. It will also be the responsibility of the Vendor to prepare and submit billing for discounts to the Schools and Library Division (SLD) of the Universal Service Administrative Company and California Public Utilities Commission;.

4.  Santa Clara County Office of Education can not be held accountable or responsible for any funds that vendor does not receive or submit to the SLD of the Universal Service Administrative Company or to the California Public Utilities Commission.

5.  In the event of a delay or the suspension of federal funding from the SLD of the Universal Service Organization, Santa Clara County Office of Education will purchase no more than 50% of the accrued services during the term of the contract that the services were provided until resolved by Santa Clara County Office of Education or the SLD of the Universal Service Administrative Company.

6.  Santa Clara County Office of Education can terminate this agreement in writing with 60 days notice without cause.

7.  Santa Clara County Office of Education reserves the right to renew ongoing services for telecommunications services for up to two years following the initial agreement. Such renewal shall be in writing and subject to availability of funds in and e-rate approval in subsequent years.

SIGNING OF BIDS

The signature of all persons signing shall be in longhand and executed by principal duly authorized to make contracts. The bidder’s legal name shall be fully stated. Obligations assumed by such signature must be fulfilled.

NO BID

If you are unable to quote, please return the quote and/or Bidding Questionnaire stating reason; otherwise, your name may be removed from our quote list.

TAXES, CHARGES AND EXTRAS

1. Unless otherwise definitely specified, the prices quoted herein do not include Sales Tax, Use Tax, or other taxes.

2. The Owner does not pay Federal Excise Taxes. Do not include these taxes in your quote price; however do indicate on the quote the amount of any such tax. The Owner will sign an Exemption Certificate in lieu of such a tax.

QUALIFICATIONS

All bidders may be required to furnish evidence of their technical ability, experience, and financial responsibility. No bids will be accepted from, or a contract awarded to, any party or firm in arrears to the Owner, or who is a defaulter as surety, contractor or otherwise within the past twelve (12) months. Successful contractor will be required to show proof of current contractor’s license for their trade.

AWARD OF CONTRACT

1. Bids will be evaluated on basis of price 60%, terms of agreement 10%, compliance to specifications 5%, ease of implementation 10%, billing and access to online billing records 5%, references for performance and/or quality 5%, and size of company 5%.

2. A written purchase order mailed or otherwise furnished to the successful bidder within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

ALTERATION OR VARIATION OF TERMS

It is mutually understood and agreed that no alteration or variation of the terms of this quote or purchase order shall be valid unless made or confirmed in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made or confirmed in writing between the parties hereto shall be binding on any of the parties hereto.

ASSIGNABILITY

A contract is not assignable by vendor either in whole or in part. The contract shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.

OSHA

All material, equipment, or labor shall comply with the required standards of OSHA and CAL OSHA 1973 as last revised.

WARRANTY

Vendor warrants to the Owner and/or its customer that the goods and/or services covered by this order will conform to the specifications, furnished by the Owner. The Owner reserves the right to cancel the unfilled portion of this order without liability to vendor for breach of this warranty.

COMPLIANCE WITH STATUTE

Vendor hereby warrants that all applicable Federal and State statutes and regulations and/or local ordinances will be complied with in connection with the sale and delivery of the property furnished.

RIGHTS & REMEDIES FOR DEFAULT

1. In the event any item furnished by the vendor in the performance of the contract or purchase order shall fail to conform to the Specifications thereof, or the same submitted by the vendor with his quote, the Owner may reject the same, and it shall thereupon become the duty of the vendor to reclaim and remove the same forthwith, without expense to the Owner, and immediately to replace all such rejected items with others conforming to such Specifications or samples; providing that should the vendor fail, neglect, or refuse to do so the Owner shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items to deduct from any moneys due to that, may thereafter become due the vendor the difference between the prices named in the contact or purchase order and the actual cost thereof to the Owner. In the event the vendor shall fail to make prompt delivery as specified of any item, the same condition as to the rights of the Owner to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God, or the government.

2. Cost of inspection of materials and/or services provided which do not meet Specifications will be at the expense of the vendor.

3. The rights and remedies of the Owner provided above shall be exclusive and are in addition to any other rights and remedies provided by the law or under the contract.

BID RESULTS

Bid results are available for inspection in the Purchasing Office, Santa Clara County Office of Education, 1290 Ridder Park Drive, San Jose, California 95131-2398.

PRICE, TERMS AND CONDITIONS

Price, terms, and conditions of this bid are considered valid for sixty (60) days, from date of bid opening, unless the offering party in writing allows for a longer period to time.

1. Any cash discounts given to the Owner must be so stated on the bid.

2. Prompt payment discounts offered for payment within less than thirty (30) calendar days will not be considered in evaluating offers for award. However, offered discounts of less than thirty (30) days will be taken if payment is made within the discount period, even though not considered in the evaluation of offers.

3. In connection with any discount offered, time will be computed from date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received, if the latter is later than the date of delivery. Payment is deemed to be made for the purpose of earning the discount on the date of mailing the warrant or check.

MODIFICATIONS

No oral or telephonic modification of any bid submitted will be considered, and a telegraphic modification may be considered only if the postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the quote opening.

ERASURES

The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the initials of the persons signing the bid.

WITHDRAWAL OF BID

Bidders may withdraw their bid either personally, by written request, or by fax request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids.

LISTING SUBCONTRACTORS

Each firm shall include with the sealed proposal a list of the proposed subcontractors on this project. Forms for this purpose are furnished with the contract documents.

WORKER'S COMPENSATION

In accordance with the provisions of Section 3700 of the Labor Code, contractor shall secure the payment of compensation to employees. Contractor shall sign and file with SCCOE the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The certificate is included herein.

AFFIRMATIVE ACTION

1. The bidder shall comply with the Santa Clara County Office of Education Affirmative Action Employment Program adopted by the Board of Education on January 13, 1976, especially Section 12, Contract Compliance (a copy of the section attached hereto).

2. A complete copy of the Affirmative Action Employment Program may be requested through the Purchasing Manager, General Services Department, Santa Clara County Office of Education, 1290 Ridder Park Drive, San Jose, California 95131.

3. The bidder shall sign the enclosed "Certification of Nondiscrimination by Supplier" form and submit it with the proposal.

WAGE SCALE

The SCCOE has determined the general prevailing rate per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the contract, which will be awarded to the successful bidder, to be as adopted by the Board of Supervisors of Santa Clara County.

WORKER’S COMPENSATION

In accordance with the provisions of Section 3700 of the Labor Code, contractor shall secure the payment of compensation to employees. Contractor shall sign and file with SCCOE the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provision before commencing the performance of the work of this contract.” The certificate is included herein.