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SPRING BRANCH INDEPENDENT SCHOOL DISTRICT

Duncan Klussmann, Ed.D., Superintendent of Schools

PURCHASING DEPARTMENT

1031 Witte Road, Building E, Houston, Texas 77055-6016

Phone 713/365-5223 Fax 713/365-5214

Date: July 17, 2008

NOTICE TO OFFERORS

The SPRING BRANCH INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as SBISD, is accepting competitive sealed proposals (CSPs) as specified in this document. Competitive sealed proposals will be received at the office of the Director of Purchasing, SBISD, 1031 Witte Road, Building E (2nd Floor), Houston, Texas 77055-6016 until:

ANNUAL CONTRACT FOR SENIOR

August 4, 2008 @10:30 a.m. for PRODUCTS AND COMMEMORATIVE ITEMS

Proposals will be publicly opened and read immediately following the deadline for receiving the proposals at 1031 Witte Road, Building E (2nd Floor). Any questions pertaining to the proposal procedure should be addressed to the Bid Specialist at 713/365-5223, extension 2326. Any questions pertaining to the proposal specifications should be directed to Bid Specialist at 713/365-5223, extension 2326.

PROPOSAL ENVELOPES SHALL BE PLAINLY MARKED

COMPETITIVE SEALED PROPOSAL FOR: PROPOSAL NO. 8699P

ANNUAL CONTRACT FOR SENIOR PRODUCTS AND

COMMEMORATIVE ITEMS

DO NOT OPEN UNTIL: August 4, 2008 @ 10:30 a.m.

Any proposal received later than the specified time, whether delivered in person or mailed, shall be disqualified.

The evaluation criteria specified herein will be used to determine which of the proposals provide the best quality for SBISD at the most economical cost. SBISD reserves the right to request post-proposal modifications, including best and final offers. SBISD reserves the right to accept or reject any or all proposals, to waive all technicalities (informalities), and to accept the proposal(s) that is determined to be the most favorable to SBISD. Recognizing that there are important considerations other than price, SBISD may not necessarily award to the lowest proposer.

Proposals must be effective for nine (9) months following deadline for the receipt of proposals.


SCOPE OF PROPOSAL

The Spring Branch Independent School District (SBISD) is soliciting proposals from senior products and commemorative items. The purpose of this Competitive Sealed Proposal (CSP) is to evaluate respondent’s experience relative to senior products and awards.

SBISD consists of twenty-six (26) elementary schools, seven (7) middle schools, one (1) Cornerstone Academy, one (1) School of Choice, four (4) high schools, one (1) Westchester Academy of International Studies, one (1) science center, one (1) Guthrie Center, four (4) early learning centers and various support facilities. SBISD has approximately 32,000 students and 4,500 employees. SBISD operates 4,836,120 gross square feet of educational facilities located within a 44 square mile area.

SBISD intends to award senior products and awards contract for one (1) year with the option to renew for two (2) additional years.

Option 1: Senior Products and Commemorative items

(i.e. cap and gowns, commerative items, rings, announcements, student pins, ribbons, etc.)

The term of the contract will commence August 1, 2008 and renew each year. Each renewal shall be subject to the same terms, conditions, requirements and specifications as listed herein unless noted and agreed to by both parties in writing.

SBISD reserves the right to award the contract to the Offeror providing the best value and that is most advantageous to the District.

Proposals will be opened so as to avoid disclosure of contents to competing offerors and kept secret during the process of negotiation. All proposals that are submitted will be available and open for public inspection after the contract is awarded EXCEPT FOR CONFIDENTIAL INFORMATION CONTAINED IN THE PROPOSALS AND CLEARLY IDENTIFIED AS SUCH.

NOTE: SBISD will be closed on Fridays effective June 2 – August 7, 2008.

OBJECTIVE

SBISD intends to select a supplier to provide senior products, commemorative items and District awards that can provide:

·  Quality of items available compared to normal District standards.

·  Quantity of line items available that are commonly purchased by SBISD.

·  Service, i.e. delivery time to SBISD campuses.

·  Error correction and turn around time.

·  Quality of printed catalog(s) for use by SBISD.

·  Pricing factors as determined by SBISD using a study of randomly selected items.

In preparing responses to this CSP, the Offeror is not limited to the items listed above. Additional items may be added regarding any topic concerning senior products and awards that would be beneficial to the District.

PROPOSED PRICING

1.  Supplier will furnish a list of proposed prices or transaction fees for all services/materials. The price schedules shall include all cost associated with providing service of the senior products and awards for the term of the contract.

The prices/fees shall be firm through the contract term unless noted otherwise by SBISD. Exceptions: for cost increases proven by vendor and capped by mutual agreement annually.

GENERAL INFORMATION

INSTRUCTIONS TO OFFERORS

1. An original and two (2) copies of the Proposal, typewritten or printed/written in ink must be submitted. Competitive Sealed Proposal must be properly labeled on the OUTSIDE of the envelope as follows:

Spring Branch Independent School District

ATTN: Director of Purchasing and Contracts

1031 Witte Road, Building E, 2nd floor

Houston, Texas 77055-6016

Competitive Sealed Proposal for:

Annual Contract for Senior Products and Awards

Do Not Open until August 4, 2008 @ 10:30 a.m.

2. The Offeror shall provide their full firm name and address on the envelope.

3.  Read and comply as applicable with all Terms and Conditions.

4.  It is the Offeror’s responsibility to have the proposal correctly marked and in the Purchasing Office, 2nd Floor, by the specified date and time for opening.

5.  At any time prior to the specified time and date set for proposal opening, a vendor (or designated representative) may withdraw the proposal by submitting a request in writing.

6.  A person authorized to sign the proposal must initial erasures, interlineations or other modifications in the proposal.

7.  It is the responsibility of all Offerors to examine the entire proposal package, seek clarification of any item or requirement that may not be clear, and check all responses for accuracy before submitting a response.

8.  Awards shall be made with reasonable promptness to the vendor(s) whose proposal best conforms to the CSP and will be the most advantageous to SBISD with respect to conformity to the specifications and other factors. Other factors to be considered may include, but are not limited to, Offeror's past performance on other contracts with SBISD.

9.  SBISD, notwithstanding any other provision of this Competitive Sealed Proposal (including all attached documents), expressly reserves the right to:

A. Waive any insignificant defect or informality in any proposal procedure.

B. Reject any or all proposals.

C. Reissue a Competitive Sealed Proposal.

INSTRUCTIONS TO OFFERORS, continued

10.  A proposal in response to a CSP is an offer by an offeror to contract with SBISD based upon the terms, conditions and specifications contained in SBISD's proposal invitation. Proposals do not become contracts unless, and until, they are accepted by the SBISD Board of Trustees or in accordance with the District procurement rules and legal procedures.

11. Requests for additional information or clarification shall be submitted in writing, and may be sent via fax, no later than noon on July 28, 2008 @ 5:00 a.m. to:

SBISD, Director of Purchasing and Contracts

SBISD Purchasing Department

1031 Witte Road, Building E (2nd Floor)

Houston, Texas 77055-6016

Fax: (713) 365-5216

12. Addenda to Proposal

The District reserves the right to revise and amend the specifications prior to the date set for the opening. Revisions, additions, or amendments, if any, will be made by issuing an addendum. If addenda are issued, a good faith effort will be made to send the addenda issued to the parties who have been furnished a complete copy of the CSP. No addenda will be issued later than
July 30, 2008 except an addendum withdrawing the CSP or one that includes postponement of the date for the receipt of proposals. It is, therefore, the responsibility of each Offeror, prior to submitting the proposal, to contact the Purchasing Department to determine if addenda have been issued and, if so, to obtain such addenda for attachment to the Proposal.

NOTE: SBISD will be closed on Fridays effective June 2 – August 7, 2008.


1.0.0 GENERAL TERMS AND CONDITIONS FOR PROPOSALS

1.1.0 APPLICABILITY - These conditions are applicable and form a part of the contract documents in each equipment and/or service contract and a part of the terms of each purchase order for items of equipment and/or service included in the specifications and proposal forms issued herewith.

1.2.0 WITHDRAWAL OF PROPOSALS will not be allowed for a period of 90 days following the proposal opening.

1.3.0 SPECIFICATIONS may be those developed by the Using Department or by the Manufacturer to represent items of regularly manufactured products.

1.3.1 DISTRICT SPECIFICATIONS have been developed by the Using Department to show minimal standards as to the usage, materials, and contents based on their needs.

1.3.2 MANUFACTURER'S SPECIFICATIONS (Design Guide), when used by the District, are to be considered informative to give the offeror information as to the type and kind requested. Proposals on any reputable manufacturer's regularly produced product of such items similar and substantially equivalent will be considered.

1.4.0   QUESTIONS concerning this proposal shall be addressed to the Director of Purchasing, Spring Branch Independent School District (SBISD).

1.5.0 PROPOSALS SHALL BE SUBMITTED ON THESE FORMS. Deviations to any Conditions and/or Specifications shall be conspicuously noted in writing by the offeror and shall be included with the proposal.

1.6.0 SEALED PROPOSALS ONLY ARE ACCEPTABLE. FAXED PROPOSALS will not be accepted by SBISD since the fax process does not provide for the delivery of a sealed proposal.

1.7.0 REQUIRED ADDENDA will be issued by SBISD Purchasing Department to all those known to have received a complete set of proposal documents.

1.8.0 QUANTITIES REQUIRED are substantially correct. The District reserves the right to purchase additional quantities above that stated at the same unit price unless otherwise specified by the offeror.

1.9.0 DELIVERIES required in this proposal shall be freight prepaid, F.O.B. destination and proposal prices shall include all freight and delivery charges. For shipments designated on the purchase order to the SBISD Central Warehouse, delivery hours are 7:00 a.m. to 3:00 p.m. NO DELIVERIES WILL BE ACCEPTED AFTER 3:00 P.M.

1.10.0 WARRANTY CONDITIONS for all supplies and/or equipment shall be considered manufacturer's minimum standard warranty unless otherwise agreed to in writing. Offeror shall be an authorized dealer, distributor or manufacturer for the product. All equipment proposed shall be new unless clearly stated in writing.

1.11.0 *SAMPLES, when called for, shall be submitted with the proposal per instructions set forth in the Special Terms and Conditions.

1.11.1 ADDITIONAL SAMPLES needed for a proposal to be evaluated properly shall be delivered within (5) working days from the time the vendor is notified by the Purchasing Department.

1.11.2 SAMPLE ITEMS from the successful offeror may be retained for the purpose of determining that the quality and workmanship of the delivered items are comparable to the sample.

1.0.0 GENERAL TERMS AND CONDITIONS FOR PROPOSALS, continued

1.12.0 THOSE WHO DO NOT PROPOSE are requested to notify the Spring Branch Independent School District Purchasing Department in writing if they wish to receive future proposals. Failure to do so may result in their being deleted from our prospective bidders list.

1.13.0 EVALUATION OF PROPOSALS takes into account the following considerations: price, quality, suitability for the intended use, probability of continuous availability, vendor's service, safety record, and date of proposed delivery and placement. It is not the policy of the Spring Branch Independent School District to purchase on the basis of low proposals alone.

1.14.0 DISCLOSURES

1.14.1 By signing this proposal, an offeror affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the proposal submitted.

1.14.2 OFFEROR SHALL NOTE any and all relationships that might be a conflict of interest and include such information with the proposal.

1.14.3 By signing this proposal, an offeror affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other offerors in the award of this proposal.

1.15.0 FUNDING OUT CLAUSE. Any/all contracts exceeding one (1) year will require a standard “funding out” clause.

“A contract for the acquisition, including lease, of real or personal property is a commitment of the District’s current revenue only, provided the contract contains either or both of the following provisions:

1. Retains to the District the continuing right to terminate the contract at the

expiration of each budget period during the term of the contract.

2. Is conditioned on a best efforts attempt by the District to obtain

and appropriate funds for payment of the contract.”

1.16.0 ALL CONTRACTS AND AGREEMENTS between Merchants and SBISD shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 2001 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Reference: Uniform Commercial Code, latest Official Text.

1.17.0 CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the Executive Administrator of Purchasing after proposals have been awarded.

1.17.1 Any additional agreements/contracts to be signed by SBISD shall be included with the proposal.

1.17.2 Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.

1.17.3 Tax Exemption: SBISD is exempt from payment of taxes under Chapter 20,
Title 122A, Revised Civil Statutes of Texas, for the purchase of tangible personal property.

1.18.0 ASSIGNMENTS AND SUBCONTRACTING: No part of this order may be assigned or subcontracted without the prior written approval of SBISD. Payment can only be made to the Supplier named in this order.

1.0.0 GENERAL TERMS AND CONDITIONS FOR PROPOSALS, continued