request for proposal · 2015-10-05 · april 11, 2014 shelby county board of education procurement...

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April 11, 2014 SHELBY COUNTY BOARD OF EDUCATION PROCUREMENT SERVICES 160 South Hollywood Street, Room 126 Memphis, Tennessee 38112-4892 Phone (901) 416-5376 (This proposal will not be accepted electronically or by facsimile. All proposals must be mailed to the above address.) REQUEST FOR PROPOSAL (NOT AN ORDER) Please submit proposals on the item(s) listed below. The right is reserved to reject any or all bids. If substitutions are offered, give full particulars. This proposal must be submitted no later than 25 th of April @ 2:00 PM, CST 2014 The Shelby County Board of Education reserves the right to accept or reject any or all proposals, or any part thereof, and to waive any informalities and/or technicalities that are deemed to be in the best interest of the Shelby County Board of Education. Successful vendor shall be paid only when delivery is complete. *For the appropriate purchases, all material data safety data sheets (MSDA) must accompany all shipments covered under Tennessee Hazardous Chemical Right to Know Law- Tennessee Public Chapter #417- House Bill #731. Proposal for Learning Device with Digital Curriculum The Shelby County Board of Education (“SCBOE”) invites the submission of Proposals for the provision of the services described above (“Proposals”) in accordance with the specifications enclosed herewith. Proposals MUST be received by SCBOE by the due date and time set forth above. Questions regarding submission of Proposals may be directed to SCBOE via telephone at (901) 416-5376 or via facsimile at (901) 416-5325. RFP# 04012014 We propose to furnish the item(s) listed below at prices quoted and guarantee safe delivery F.O.B. delivered and as specified. These prices are submitted with a declaration that no Shelby County Board of Education Commissioner or employee has a financial or beneficial interest in this transaction. INVOICES WILL BE PAID ACCORDING TO TERMS BID TIME REQUIRED FOR DELIVERY DAYS NAME OF FIRM TERMS ADDRESS PHONE FAX # CITY STATE ZIP CODE E-MAIL ADDRESS CHECK HERE IF YOU ARE A MINORITY VENDOR CHECK HERE IF YOUR COMPANY QUALIFIES AS A LOCAL VENDOR PRINT AUTHORIZED REPRESENTATIVE NAME PLEASE NOTE: Per the Local Vendor Preference Resolution adopted by the Shelby County Board of Education Commissioners on January 29, 2013, local vendors must have physical address located within the limits of Shelby County. A Post Office Box is not acceptable. CHECK HERE IF YOU ATTACHED A COPY OF A VALID SHELBY COUNTY BUSINESS LICENSE. Shelby County Board of Education does not discriminate in its programs or employment on the basis of race, color, religion, national origin, handicap/disability, sex or age.”

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Page 1: REQUEST FOR PROPOSAL · 2015-10-05 · April 11, 2014 SHELBY COUNTY BOARD OF EDUCATION PROCUREMENT SERVICES 160 South Hollywood Street, Room 126 Memphis, Tennessee 38112-4892 Phone

April 11, 2014

SHELBY COUNTY BOARD OF EDUCATION

PROCUREMENT SERVICES 160 South Hollywood Street, Room 126 Memphis, Tennessee 38112-4892 Phone (901) 416-5376

(This proposal will not be accepted electronically or by facsimile. All proposals must be mailed to the above address.)

REQUEST FOR PROPOSAL (NOT AN ORDER)

Please submit proposals on the item(s) listed below. The right is reserved to reject any or all bids. If substitutions are offered, give full particulars. This

proposal must be submitted no later than 25th

of April @ 2:00 PM, CST 2014

The Shelby County Board of Education reserves the right to accept or reject any or all proposals, or any part thereof, and to waive any informalities and/or technicalities that are deemed to be in the best interest of the Shelby County Board of Education. Successful vendor shall be paid only when delivery is complete. *For the appropriate purchases, all

material data safety data sheets (MSDA) must accompany all shipments covered under Tennessee Hazardous Chemical Right to Know Law- Tennessee Public Chapter #417- House

Bill #731.

Proposal for

Learning Device with Digital Curriculum

The Shelby County Board of Education (“SCBOE”) invites the submission of Proposals for the provision

of the services described above (“Proposals”) in accordance with the specifications enclosed herewith.

Proposals MUST be received by SCBOE by the due date and time set forth above. Questions regarding

submission of Proposals may be directed to SCBOE via telephone at (901) 416-5376

or via facsimile at (901) 416-5325.

RFP# 04012014

We propose to furnish the item(s) listed below at prices quoted and guarantee safe delivery F.O.B. delivered and as specified. These prices are submitted with a declaration that no Shelby County Board of Education Commissioner or employee has a financial or beneficial interest in this transaction.

INVOICES WILL BE PAID ACCORDING TO TERMS BID TIME REQUIRED FOR DELIVERY DAYS

NAME OF FIRM TERMS

ADDRESS

PHONE FAX #

CITY STATE ZIP CODE

E-MAIL ADDRESS

CHECK HERE IF YOU ARE A MINORITY VENDOR

CHECK HERE IF YOUR COMPANY QUALIFIES AS A LOCAL VENDOR

PRINT AUTHORIZED REPRESENTATIVE NAME

PLEASE NOTE: Per the Local Vendor Preference Resolution adopted by the Shelby County Board of Education Commissioners

on January 29, 2013, local vendors must have physical address located within the limits of Shelby County. A Post Office Box is

not acceptable.

CHECK HERE IF YOU ATTACHED A COPY OF A VALID SHELBY COUNTY BUSINESS LICENSE.

“Shelby County Board of Education does not discriminate in its programs or employment on the basis of race, color, religion, national origin, handicap/disability, sex or age.”

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Shelby County Board of Education

160 South Hollywood Street, Room 126

Memphis, Tennessee 38112

REQUEST FOR PROPOSAL

SUBJECT: Learning Device with Digital Curriculum

DATE: April 11, 2014

PROPOSAL DUE DATE: APRIL 25, 2014 PROPOSAL DUE TIME: 2:00 P.M. The Shelby County Board of Education (“SCBOE”) invites the submission of Proposals for the provision of the services

described above (“Proposals”) in accordance with the specifications enclosed herewith.

Proposals MUST be received by SCBOE by the due date and time set forth above. Questions regarding submission of

Proposals may be directed to SCBOE via telephone at (901) 416-5376 or via facsimile at (901) 416-5325.

Sincerely, Victoria Locklyn

Buyer

Department of Procurement Services

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TABLE OF CONTENTS

SECTION A - ANNOUNCEMENT ........................................................................................................................... 4

SECTION B - SCOPE OF SERVICES...................................................................................................................... 7

SECTION C - INSTRUCTIONS TO RESPONDENTS ......................................................................................... 22

SECTION D - MINORITY, WOMEN AND DISADVANTAGED BUSINESS ENTERPRISE

PARTICIPATION (MWDBE) AND LOCAL PREFERENCE POLICY .............................. 30

SECTION E - PRICING SCHEDULE .................................................................................................................... 37

SECTION F - FORMS AND DOCUMENTS .......................................................................................................... 41

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SECTION A - ANNOUNCEMENT

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April 11, 2014

ANNOUNCEMENT

Request for Proposals:

Learning Device with Digital Curriculum

With this request for proposal (this “RFP”), the Shelby County Board of Education (“SCBOE”) hereby solicits submissions of

written proposals (“Proposals”), on a competitive basis, from qualified companies (“Respondents”) to provide for SCBOE the

services described herein, all in accordance with the terms and conditions detailed herein. In particular, the services sought by

SCBOE will require the Respondent to:

Provide a learning device equipped with digital curriculum, interactive supports, and adaptive assessments.

If required in RFP, the respondents are to provide a copy of current licenses and proof of insurance with each proposal.

Shelby County Board of Education reserves the right to reject or accept any or all documents submitted. Shelby County Board of

Education shall have the right to consider factors other than the proposal response in awarding a contract. Shelby County Board

of Education reserves at its sole discretion, the right to award this contract as deemed to be in the best interests of SCBOE.

Respondents are required to include a copy of standard contract, modified as deemed necessary for this RFP. This contract will

be considered only as a sample. Shelby County Board of Education reserves the right to modify or reject the sample contract in

the event the Respondent is selected.

(All of such services are referred to herein as the “Services”). More information about the requirements pertaining to the Services

is set forth in Section B of this RFP.

Background of Request

Shelby County Schools has set an aggressive goal to shift all district schools to a digital conversion model using select modalities

of blended learning. To begin this transformation, during the 2014-2015 school year, 16 schools, serving grades Pre-Kindergarten

through Twelfth grade, will participate in a pilot program using resources that if successfully affect student academic performance

as evidenced on PARCC assessments, will eventually scale to the entire District.

Objective

It is the desire of the Office of Virtual Learning to provide quality digital curriculum to 13,000 students within sixteen schools that

provides them an opportunity to have 24/7 access to learning resources and supplement traditional course work that is delivered in

brick and mortar school. The District’s objective in seeking this digital curriculum is to:

Use non-traditional hours to increase the instruction day, week, and year.

Increase student performance on State-mandated tests.

Increase the passing rate of students in grades K-12.

Use a blended model to provide courses on a timed or self-paced schedule throughout the year.

Individualize, and begin to build capacity to personalize, learning for all students.

Piggy Back Clause

Shelby County Board of Education reserves the right to extend the terms, conditions, and prices of this contract to other

Institutions (such as State, Local and/or Public Agencies) who express an interest in participating in any contract that results from

this RFP. Each of the piggyback Institutions will issue their own purchasing documents for purchasing of the goods/services by

bidding of this service, Proposer agrees that the Shelby County Board of Education shall bear no responsibility or liability for any

agreements between Proposer and the other Institution(s) who desire to exercise this option.

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About SCBOE

Shelby County Board of Education includes the merged school districts of Memphis City and Shelby County Schools. More than

118,000 PreK-12 students are served in 219 schools. The school system is one of the largest employers in Shelby County.

The uniqueness of Shelby County School students has been tethered to traditional teaching models and we now endeavor to

personalize the learning experience for each student. SCS proposed solution marries a dynamic digital content and the traditional

teacher so that the two complement each other. The pilot will involve approximately 13,000 students at schools ranging from our

most successful to our most challenged.

Submission of Proposals

Proposals will be accepted until 2:00 P.M. on April 25, 2014. PROPOSALS RECEIVED AFTER THIS TIME WILL NOT

BE ACCEPTED. One (1) original, one (1) CD/ USB (with Proposal formatted into a single pdf file), and twenty-five (25) copies

of your Proposal must be submitted. SCBOE expects to award a contract to the successful contractor not later than June 2014.

SCBOE RESERVES THE RIGHT TO CONTRACT IN THE BEST INTEREST OF SCBOE, AND TO REJECT ANY

AND ALL PROPOSALS AT ANY TIME PRIOR TO AWARD.

Proposals must be sealed in a container marked on the lower left-hand corner with the name and address of the Respondent.

SCBOE will date stamp the container with the submission date and the submission time. In addition, the sealed container in

which the Proposal is submitted should be labeled “Learning Device with Digital Curriculum”. FAXED RESPONSES WILL

NOT BE ACCEPTED. Further instructions for submitting Proposals may be obtained from:

DEPARTMENT OF PROCUREMENT SERVICES

SHELBY COUNTY BOARD OF EDUCATION

160 SOUTH HOLLYWOOD STREET, ROOM 126

MEMPHIS, TENNESSEE 38112

All completed Proposals and accessory documents should be mailed or delivered to:

VICTORIA LOCKLYN

DEPARTMENT OF PROCUREMENT SERVICES

SHELBY COUNTY BOARD OF EDUCATION

160 SOUTH HOLLYWOOD STREET, ROOM 126

MEMPHIS, TENNESSEE 38112

Inquiries for information regarding procurement procedures, Proposal submission requirements or other administrative concerns

may be directed to the Department of Procurement Services at (901) 416-5376.

Thank you for your participation.

Victoria Locklyn

Buyer

Department of Procurement Services

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SECTION B - SCOPE OF SERVICES

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SCOPE OF SERVICES

Learning Device with Digital Curriculum

1.0 THE SERVICES.

1.1 The Services SCBOE hereby solicits submissions of written Proposals, on a competitive basis, from

qualified Respondents to provide for SCBOE the services described herein, all in accordance with the terms and

conditions detailed herein. In particular, the services sought by SCBOE will require the Respondent to provide a

learning device equipped with digital curriculum.

The goal of the Blended Learning Pilot is to develop leaders in the classroom and building level who are highly proficient

in teaching and learning in a digital world and to provide students with immediate and continuous opportunities to

develop. We have aligned our efforts to selecting a solution that will meet or exceed our academic target of having all

students who attend schools chosen to participate in the Blended Learning Pilot score an average of 10 percentage points

higher on PARCC assessments than their counterparts in traditional schools.

This can only be done by providing students with 24/7 access to a rigorous digital curriculum that includes elements to

motivate them to engage in study during non-traditional school hours; and the instructional support to help them persist.

The solution should support the Common Core State Standards (CCSS) implementation by providing all students with the

opportunity to engage with digital curriculum, interactive supports, and adaptive assessments.

2.0 SPECIFICATIONS

2.1 Device. The services sought by Shelby County Schools will require the Respondent to provide a learning device

with digital curriculum that complies with the following specifications. The solution must exceed the Hardware

Purchasing Guidelines published by the Partnership for Assessment of Readiness for College and Careers (PARCC). This

published guideline may be found at: https://www.parcconline.org/technology.

Respondents shall continually check the PARCC requirements to ensure they are exceeding those standards.

2.1.2 The District is requesting responses for a three year and five year lease term for the learning device. The

contract for digital curriculum will be awarded on a year-to-year basis. The successful Respondent will

provide new, not used or refurbished, learning devices. All equipment must be the most current

technology. Equipment that has become obsolete during the agreement may be substituted by another unit

that is equal or greater. Shelby County Schools must approve all substitutions.

2.1.3 Notwithstanding any additional features or accessories, at a minimum, all devices will come

configured with the following standard features or accessories:

Any tablet device must have at least a 10-inch multi-touch display capable of operating with a stylus that

can be tethered to the device

1280 x 800 or 1366 x768 minimum resolution

Wireless – 802.11 ac/abg/b/g/n Wi-Fi (802.11n 2.4GHz and 5GHz)

Support for 20Mhz and 40Mhs Spectrum

Auto-detect/Auto-negotiate for optimum connection speed

Bluetooth – 4.0 wireless technology or greater

20GB internal usable storage capacity for local files, instructional apps, documents, books, etc. This

can be achieved through the use of external memory capacity.

1.2 MP front-facing camera

1Ghz dual-core processor

Capable of capturing/recording images and video at 720p

Must include most up-to-date operating system

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Rechargeable battery - eight hour battery capacity that will allow the device to be used throughout a

standard school day without being recharged

Built-in speaker

Built-in microphone

3.5-mm stereo headphone mini-jack and earphones

AC power adapter and appropriate interface/power cable

Input/output interfaces for video, keyboard, computer, audio and capable of connecting to standard

video output devices such as digital projectors, smart boards, computer monitors, and TVs

All devices must include definitions for software/hardware needed to have printing capability from

device.

Video mirroring

Meets ADA/Section 508 accessibility standards (The published guidelines may be found at http://section508.gov)

Multi-language keyboard support

Built-in mouse/pointing capability that provides pointing functions and is easy to use (e.g. track pad,

touch pad, touch screen, etc.).

Physical keyboard of sufficient size and ease of use for students and teachers to be able to do their work

effectively and efficiently without discomfort and capable of being housed in the carrying case, or by

some other effective method of storage. PARCC assessments will require external keyboards for test

takers using tablets so as not to limit or obscure the view of test item content and related functionalities

when text input is required. External keyboards must allow students to enter letters, numbers, and

symbols and to shift, tab, return, delete, and backspace. Tablet touchscreen interfaces can be used for

student interactions with the assessments other than text input, including to select/deselect, drag, and

highlight text, objects, and areas. Keyboards may be wired or wireless. To meet security guidelines, each

Bluetooth/wireless keyboard must be configured to pair with only a single computer during assessment

administration.

Wi-Fi enabled and meet the Institute of Electrical and Electronics Engineers (IEEE) 802.11 set of

standards for implementing WLAN communications

Device shall not exceed an Equivalent Isotropically Radiated Power (EIRP) of 500 milliwatts (mW)

Device shall be able to connect to the existing Wi-Fi network and be able to access the Internet,

wirelessly (via Wi-Fi) within the school, home or other area outside the school with wireless

coverage

Lightweight and easily transported by the average six year old

Function in a stand-alone mode sufficient to enable the user to perform basic functions (e.g. writing,

reading, multimedia, information management) without requiring network access

Tablet devices must include an appropriate carry case that is at a minimum, capable of providing

protection for the device sustaining a six-foot drop. The case must provide screen protection.

System and design will be one that can be used efficiently and comfortably with a minimum amount of

fatigue or adverse physical effects

All electrical components must be Underwriters Laboratory (UL) Listed

Minimum of 1GB RAM

Tablet devices must have the ability to connect to a master synching/charging station

Ability to configure multiple aspects of the device, such as security settings, wireless profiles, user

accounts, device restrictions, etc. Describe mass configuration capabilities.

Ability to reset device and OS to factory defaults

Ability to operate as a digital/multimedia textbook reader

Ability to operate as a document reader supporting multiple formats including but not limited to PDF,

Word, Power Point, Excel, RTF, JPG, PNG, and other popular file formats

Ability for students/teachers to share screens for presentations, collaboration, and real-time

assessments

Built in email client that supports Microsoft Exchange, Google Mail, Microsoft Live

Compatible with SCORM and Common Cartridge compliant learning management systems, currently

Blackboard Learn

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Compatible with industry-standard mobile device management solutions

Tablet devices must possess the ability to procure apps from a secure centralized location for

distribution to local school sites for access by student devices

Quick boot time and wake time

Must be compatible with Pearson PowerSchool SMS and PowerTeacher student information systems or

the current student information system utilized by SCS

All solutions shall have all FERPA, CIPA, CPPA, and COPPA requirement compliances

Allow the District and schools to view details about all assets (e.g. the portable digital device) supplied

by the Respondent’s solution including details such as value, site location, room or office, device

assignment, device details and status (e.g. assigned to a user, out for repair, etc.).

Allow querying and reporting capabilities from a central location. Must have a customizable reporting

element.

Include necessary security precautions to insure that only authorized personnel access the information

contained within the system.

Allow for multiple levels of authorized users to allow for, at the minimum, site and District-level

management. The Respondent must describe all of the data elements that will be included in the online

asset management solution, and which data elements would be modifiable for each level of access to

provide management functionality while maintaining data security, and which data elements would be

dynamic and updated automatically.

Device must be able to be managed via Mobile Device Management, Asset Management and Student

Monitoring Solutions

All student devices must include on-device content filtering and be able to filter out specific web sites,

URLs

Provide safe access to educational resources

Include custom policies based on user, IP, group, organizational unit, and domain

Features to trust teachers such as ability to remove some of their privileges

Features to limit students to certain sites to prevent non-curricular Internet activity

Ability to lock out sites for testing purposes on devices by blocking internet browsing

Filtering across District established networks and mobile devices

Proxy, SSL and P2P controls

Must be able to lock out features such as camera (forward and/or rear facing)

Must have a customizable reporting element

Send Attention Messages to student screens

Ability to view student screens in real time

Blank one or more student’s screen and send a customized message

Create Application Rules

Must be able to only give access to course-related programs by setting up Application Rules

Must be able to remotely wipe device

Must be able to locate a lost or stolen device immediately

Must be able to track all devices at all times

2.2 Ports and Print Services. The device will be capable of connecting to standard video output devices such as

digital projectors, smart boards, computer monitors, and TVs. In addition, the device must have printing capabilities. The

device must be able to connect to network file servers using common networking protocols (e.g. smb, afp, nfs, ftp, etc.)

The learning devices will be able to utilize a school’s existing networked printers. The Respondent must list supported

printing protocols as well as list common unsupported printing protocols, recognizing that schools tend to leverage

technologies for longer timeframes than is commonly found in many other industries.

2.3 Device Power. The learning device will have a battery capacity that will allow the device to be used throughout a

standard school day without being recharged. The battery will need to have the ability to be recharged through a master

charging station or cart at the school. The device shall also be able to be powered/charged by a standard electrical outlet.

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The Respondent must specify the recharge time, electrical load, battery life, and other relevant electrical specifications of

its solution. The District recognizes that while the type of usage can impact battery life, in general, battery life is often

most impacted by the display, motors, and network radios. The Respondent must describe its strategy to ensure sufficient

battery life, and how its solution takes into account common battery intensive tasks.

2.4 Environment and Health. To limit radio frequency (RF) exposures and comply with the District's exposure

threshold, the end device (e.g., computer, laptop and tablet) shall be configured as follows:

a. The end device shall be Wi-Fi enabled and meet the Institute of Electrical and Electronics Engineers (IEEE)

802.11 set of standards for implementing WLAN communications

b. The end device shall not exceed an Equivalent Isotropically Radiated Power (EIRP) of 500 milliwatts (mW)

2.5 Device Connectivity. At a minimum, the device shall be able to connect to the planned Wi-Fi network and be able

to access the Internet, wirelessly (via Wi-Fi) within the school, home or other area outside the school with wireless

coverage. The Respondent must describe the device’s native connectivity capacity, as well as connectivity options

including those that may require additional attachments and whether these attachments are a part of the proposed solution.

If the proposed device includes 3G/4G functionality, the District will have the ability to enable or disable such

functionality as needed.

2.6 Device Portability. The learning device shall be lightweight. While the District will not mandate a specific

minimum weight, as a guideline the District would prefer to see a device and all its components (i.e. carrying case,

protective case, charger, keyboard, etc.) that weighs six pounds or less.

The Respondent must describe the differences, if any, in the function of the device when it is network-connected versus in

stand-alone mode. Respondents should consider that most families do not have Internet access at home.

2.7 Device Durability. In order to provide necessary protection for the device during normal transport, the Respondent

must include an appropriate carry case (at a minimum, capable of providing protection for the device sustaining a six-foot

drop). The case must provide a replaceable screen protector. It is desirable that the case has sealed ports. The case must

allow schools to easily label cases for identification. Cases, including all parts, shall be fully covered by the Respondent’s

support and warranty program.

Device and protective case must be engraved or laser etched with the SCS logo and the words“ Property of SCS.” The

learning device with case must be highly durable and withstand reasonable and normal daily use by K-12 school students.

It is desirable that the device shall be durable enough to withstand occasional mishaps, and resist hazards such as dust, dirt

and spills – and still function. It shall also be desired that the device have parts and accessories that cannot be easily

tampered with or broken.

2.8 Ergonomics. The system and design will be one that can be used efficiently and comfortably with a minimum

amount of fatigue or adverse physical effects. The Respondent must specify what ergonomic standards or guidelines it has

adopted in its proposed design.

2.9 Buy-out. The successful Respondent will provide a fair market buyout option and a zero cost buyout option at the

end of the three-year lease. Lessee shall have the right to buy out the equipment lease at the end of each fiscal year at a

predetermined amount. This amount should be stated on the lease payment schedule. Without cost or penalty, Vendor

must agree to reduce the number of devices upon representation by SCS of non-appropriation of funds or at the end of any

lease term if SCS chooses not to exercise the Buyout Option. Shelby County Schools reserves the right to cancel any lease

for non-appropriation with a 30 day written notice.

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2.9.1 License Grant:

a. Respondent grants to the Lessee, subject to the terms and conditions of the contract, an exclusive,

transferable license to use the Software Products (i.e. Microsoft License Options) listed in Lease Orders

issued under the authority of the Contract Use of licensed Software Products shall be governed by the

licensing agreement between the software manufacturer and Lessee.

b. Lessee may use the Software Products in the conduct of its own business, and any division thereof.

c. Transfer of the license will occur on all buyout options.

2.10 Software Updating. The Respondent will describe how its solution will provide the capacity to update the

learning devices. This includes incremental and major updates that may be required after the learning devices have

been issued to students. The Respondent will describe how learning devices will be able to be updated from a central

location via a "push" method or "over the air" method rather than each device separately and manually for incremental

updates.

Ideally, major updates should not require users to perform a complete backup and restore of user data and configurations

in order to apply the update. While the District recognizes that performing a backup before a major update is "best

practice," it is desirable that the solution allow for "upgrades" whenever possible as opposed to requiring a "reformat and

reinstall."

2.11 Software Restore. The learning device must be able to be restored easily and in a reasonable timeframe to its

base state. The Respondent will take into account the range of sizes of schools and account for reasonable restore

processes for both large and small school deployments.

The Respondent is responsible for providing any associated software, hardware, or networking equipment necessary to

restore the device to a base state. In addition, the restore process shall allow for easy additions to the base software load as

schools may desire the additional software titles or adjustments to basic settings. Ideally, a device should be able to be

restored, including local additions, easily so that upon completion of the process, no further manual installations or

configuration changes are necessary.

2.12 Distance and Online Learning. The learning device must be able to support the Blackboard Learn learning

management system to facilitate distance and online learning. Tablet devices should come with the Blackboard Mobile

Application pre-loaded. In addition, the learning device must be compatible with common online content.

2.13 Operating System and Software. The Respondent must include current and upgraded versions of the core

operating system software and all other software included as a part of the Respondent's solution for 3 years from the date

of delivery of a specific unit in order to maintain usability with upgrades and enhancements to surrounding systems and

peripherals. The Respondent must provide a device which will not require hardware upgrades in order to reasonably keep

up with possible future software upgrades (e.g., initial delivery must include adequate memory, storage, and processing

power for typical upgrade cycles given the term of the agreement) or the Respondent shall include a description of how it

plans to upgrade the equipment through the life of the project to maintain adequate functionality and minimize disruption

and the availability of the solution.

2.14 Network and Device Connectivity. The device must be able to connect to network file servers using common

networking protocols (e.g.,smb, afp, nfs, ftp, etc.). The device must be able to utilize common peripherals for input and

output (e.g., networked and stand-alone printers, digital cameras, digital video cameras, scanners, etc).

2.15 Network Usage. The District anticipates that usage of the network will increase throughout the course of the

Agreement as teachers and students integrate the solution into daily curricula and tasks. In addition, the nature of the usage

may change over time as Internet technologies evolve and/or usage patterns change. While the District cannot predict

those changes, Respondents must describe how its solution will accommodate known network usage patterns including

but not limited to content acquisition, cloud-based services, video streaming including multi-cast sessions, and other

bandwidth intensive tasks. If the Respondent's solution requires Bluetooth connectivity (e.g. keyboard connectivity to a

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tablet-style device), the Respondent must describe what, if any, impact on the wireless network this would have.

2.16 Device Reliability. The solution will provide device reliability and a service level that ensures no student is

without a functioning device for more than one (1) school day. A failure rate of greater than five percent (5%) of any of

the device’s hardware components of the same manufacture, type and configuration during the warranty period shall

require the Respondent to replace all of the devices of that manufacture, type and configuration, regardless of whether the

device has failed or not, and will be required to cover all labor costs including configuration, delivery, and installation.

2.17 Response Time. The solution must provide services to all students and teachers concurrently, with a response time

of not more than 15 seconds, so as not to hinder or impede effective instruction and learning in the classroom. This

response time restriction will be for the device, meeting the hardware requirement of multiple antennas for transmitting

and receiving information, connected to a network meeting the minimum 802.11g/n specifications at 5ghz. This

requirement includes the ability for students to browse the Internet, acquire content, download files and use streaming or

multi-cast video without delay.

2.18 Server Failure. If the solution includes servers, then the solution must provide server redundancy or provide detail

architecture of another fallback strategy in the event of server failure. This will provide continued operation of the servers

in the event of server hardware or software failure.

2.19 Performance Metrics and Reporting. The Respondent must track and record operational Performance and Quality

metrics necessary to ensure the successful management of the project. Such performance metrics will be reported monthly,

by school as necessary, to the Director of Virtual Learning and Chief Information Officer. The reporting will include such

items as incidents, device and system failure types, downtime, repair turnaround times, trends, remediation needed,

unresolved issues, recommended improvements, other factors necessary to ensure a successful project. Respondents shall

recommend metrics for consideration by the District.

2.20 Wireless Security. The solution must protect against eavesdropping and unauthorized access. The solution may

include encryption or other techniques to provide this assurance which the District or school may turn on or off. The

Respondent must describe how its proposed solution will provide such protections.

2.21 Authorization Control. Security must allow access to authorized users only – to only those resources, files,

applications, and services that they are authorized to use. Security will be definable by an administrator both on an

individual user basis and by class of user (teachers, students, parents, administrators, etc.). Identification of a user must be

unique to each individual.

2.22 Backups. In order to protect the solution from data loss or corruption, backup and recovery capabilities are

required to permit regular, periodic backup of the storage device(s), logical drives, directories, administrative and

configuration data, application software, and user files and to restore all of the above on demand. Backup protection must

include any server-based parts of the solution necessary to restore the solution in the event of data loss or corruption. The

ability to perform automatic scheduling of backup functions is desired. This should include automatic backup from the

learning device to a server or some other facility on a daily basis to prevent data loss. The Respondent must describe the

capacity and features of its backup solution, and which data would be recoverable by the user, by a school administrator,

or by Respondent.

2.23 Asset Management. The Respondent will include an online asset management system and describe all of the data

elements that will be included in the online asset management solution, and which data elements would be modifiable for

each level of access to provide management functionality while maintaining data security, and which data elements would

be dynamic and updated automatically.

2.23.1 Site and District Management. Each site shall be able to view assets deployed to the site. In addition,

schools will be able to utilize the asset manager to assign portable devices to specific students or teachers.

Sites shall be able to perform management tasks against one, some, or all of its assigned assets. The most

common task performed to some or all assets is the assignment of an asset to an individual by entering an

ID or other unique identifier into a field reserved for local inventory management. The solution will

include a method for a site to import data either directly from the school's student information system or

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from a simple data file (i.e. .txt, .csv, etc.) in order to update or overwrite site modifiable fields. Inventories

will be made available in hard and soft copies to each site administrator regarding that site’s equipment at

installation time as part of the installation and acceptance process.

2.23.2 Asset Tags. All learning devices should have asset tags. Upon receipt of new equipment/property, the

successful vendor is responsible for immediately affixing the appropriate asset tag/label to the equipment and

completing the Asset Disposition Form (ADF) to include: quantity of items purchased, description including

model number, brand/manufacturer, serial number, purchase order number, accounting code, program/project (if

applicable), date purchased, cost of the equipment and the SCS Asset Tag number assigned to the equipment. The

ADF must be completed in its entirety and submitted to the Office of Asset Management (OAM) within a

reasonable time. The ADF must be signed by the school’s administrator or department head. The vendor is

responsible for receiving and affixing tag(s) to equipment. For internal control purposes, alpha-numeric tags are

issued to vendors by the OAM.

2.23.3 Transfers. The asset management solution must provide a method to easily transfer assignments of assets

from one site to another. This method must include active acknowledgement of receipt of assets at a receiving site

by an authorized user.

2.23.4 Replacements. The District expects that for a variety of reasons, a device may require replacement.

Respondents must describe how it will provide replacement devices for 3 years from the date of delivery of a

specific unit. Replacement devices must be the same as the original device or functionally equivalent and similar

enough, subject to District Approval, so that it does not interfere with the intended educational use or any of the

integrated support methods and protocols established by the Respondent to meet the requirements of this RFP.

The online asset management system must include a method that allows schools to request replacement devices.

The solution must include the capacity to maintain records of these transactions and an internal workflow that

provides the messaging capacity to resolve questions related to a request in order to complete a replacement

request. The method must include the capacity to categorize replacement requests (i.e. stolen, dropped, liquid

damaged, etc.). Newly introduced devices must be tracked in the asset management system like any other asset,

and the introduction of associated device data is the responsibility of the Respondent.

2.23.5 Asset History. The online asset management system will provide a comprehensive history for each asset

that includes assignment history (i.e. a device may be assigned to more than one student over the course of

multiple years or may be transferred from one school to another), device data changes (e.g. in the current program,

Machine Access Codes are changed when logic boards are replaced in devices). This unique address must be

updated in the asset management solution), repair history, etc. The asset history for any individual asset must be

easily accessible to authorized users.

2.23.6 School Information. Basic demographic information about each site must be maintained in the asset

management solution. This must include contact information for key individuals at each site including but not

limited to school administrators and technology coordinators. This information must be easily accessible to

authorized users.

2.23.7 Reporting. The online asset management system must include reporting functionality. Reports shall be

downloadable, and when appropriate, available in common tabular formats for reuse of the data. At the minimum,

the system must include reports of asset inventory by type (e.g. user device), contact information, asset transfers,

and replacement devices. Reports must only include data viewable to the authorization level of the user, and

reports must be able to be produced against a site or District inventory.

The intent of providing reporting to both site and the District are to facilitate better management of the inventory

of assets including trend analysis related to topics like transfers, replacements, or repairs. The Respondent shall

describe other functionality included in the asset management system that will facilitate successful management of

the project at both a District and site level.

2.24 Digital Curriculum. Notwithstanding any additional features, at a minimum, the included digital curriculum

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provided will come with the following standard features:

Must have an internal Learning Management System (LMS) that includes the following:

a. Customizable data dashboard with delineated roles for Administrators, Principals, Parents, Students,

and Teachers that records student’s grades, time on task and login times.

b. Data must aggregate continuously in real time

c. Integration with PowerSchool, PowerTeacher and/or current district student management portals

d. Ability to display student mastery levels for individuals lessons

e. Printable individualized student progress reports

Must provide direct instruction and independent practice that is fully digital

Must be interactive with media rich content to include videos, audio, animation and gamification components.

Digital curriculum must meet Common Core Standard requirements for Mathematics, Science, English

Language Arts and Social Studies for all courses in grades 2-12. Solutions for individual courses, or the

following grade bands will be considered for respondents who do not have all core subjects: Pre-Kindergarten,

Kindergarten through 2nd Grade, 3rd Grade through 5th grade, 6th grade through 8th grade, or 9th grade

through 12th grade.

Must offer a rigorous digital curriculum for all or individual subjects in grades Pre K-1

Must be able to accommodate delivery in multiple languages

Must include tests, quizzes, checks for understanding, and assessments that are automatically graded

Curriculum must be adaptive

Must allow for individualized, personalized and differentiated learning

Must provide built in resources for student help outside of the classroom during nontraditional hours

Must facilitate student engagement, collaboration, and sharing

Curriculum and content must be available to students while connected to wireless internet as well as off line

Must provide student with sufficient feedback to correct incorrect answers

Must scaffold up to skills/assignments/grade levels or down skills/assignments/grade levels in response to

student ability

Must include functionality that displays student mastery and progression towards mastery at login

Includes a functionality that alerts students which peers are online and available to assist

Includes a reward system such as badges, scoreboards, and leaderboards that display successes. Students must

be provided anonymous information on the dedication required to receive a reward. Reward systems must

highlight dedicated time, grades, and improvement and be delineated and displayed by class, grade level,

school, and district.

2.24.1 In order to test the functionality of the digital curriculum software, Respondents must submit within their

proposal, logins for trial accounts to allow access for up to 25 users per the following grade bands: Pre-

Kindergarten through 2nd grade, 3rd grade through 5th grade, 6th grade through 8th grade, and 9th grade through

12th grade.

2.25 Training and Professional Development. The District believes that Professional Development (PD) for

students, parents, educators, educational leaders, and technology support personnel is vitally important to the success

of the Blended Learning Pilot.

Using a combination of virtual training resources created in the SCS MediaSite Studio, participation in the Mid-South

Blended Learning Symposium, and the “train the trainer” model, the Provider will work in partnership with the District to

develop and provide PD to students, parents, educators, educational leaders, technology supports, and identified trainers

on both use of the digital curriculum and learning device. The Provider will deliver the training under the direction of the

Office of Virtual Learning. Training shall include, but is not limited to:

The functionality and technological capabilities of the device

Basic use of the device and included accessories

Proper care of the device

Interconnection of devices and peripherals

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Use of the included content, software, and applications

The functionality and technological capabilities of included content, software, and applications

Concrete examples of how to use the device to support teaching and learning within their context, such as: using the device for annotation of documents; synchronizing files between the device and

classroom network; and using the device to control what is displayed on the classroom projector, among

others

Use of device in a network environment

Use of device in standalone mode

Specific training on trouble-shooting, maintenance, imaging, deploying, repair procedures, and

inventory management

Preventative Maintenance

Fixes and updates for software, firmware, microcode; etc.

Troubleshooting Internet connectivity issues related to the Respondent’s solution

Hands-on technology use including active participation

Variety of learning experiences

Curriculum-specific applications

Sufficient time for learning and follow-up

Technical assistance and support

2.26 Warranty. Learning devices and included accessories (power supply, carrying case, etc.) will need to be replaced

occasionally for a variety of reasons that include defects, normal wear and tear, and accidents. Defective equipment will

be replaced or repaired by the Respondent at no cost and will ensure that the end-user is not without the same type and

configuration of device for more than one (1) day. This includes devices which fail to operate for an entire school day on a

single battery charge. Consistent with the requirements of this Section of the RFP, the Respondent shall warrant against

normal wear and tear and ensure the delivery of all services for 3 years from the date of delivery of a specific unit.

Delivery shall mean actual delivery to the site where the devices will be used. Barring extraordinary circumstances, the

Respondent will be responsible to ensure that the devices and other solution equipment are available per the specifications

in the provisions of this RFP. Notwithstanding the cause of any loss, the Respondent must provide replacement units for

end users in a timely manner, not to exceed one (1) day, to the end user’s site, of a specific unit.

2.27 Insurance and Damage. The Respondent shall assume the risk of loss or damage (e.g., fire, flood, theft, accident,

etc.) of the equipment provided, except that each local school unit shall be responsible for any replacement or repair costs

due to the negligent or intentional act of an employee or a student. In the case of individual fault, the local school unit will

determine as a matter of local policy whether any or all such local costs should be borne by the individual teacher, student,

or parent(s). These local costs shall not be counted as part of the Respondent’s direct or indirect price.

As part of its strategy to meet these provisions of this RFP, the Respondent may elect to provide a percentage (specify) of

overage or surplus stock of equipment within schools or other depot sites, or insure against all other risks of loss or

damage through some other means such as commercial insurance. Regardless of the method proposed by the Respondent,

the Respondent will describe how it has integrated its protection plan into its overall support plans. All costs associated

with the Respondent's proposed protection plan shall be counted as part of its Respondent’s price and must be

incorporated into the Respondent's cost proposal.

2.28 Theft Deterrent. The learning device provided must incorporate security features to deter theft. This shall include

an unavoidable log-in, greeting or similar process, that identifies the program and/or owner of the device. These

security features must be operative regardless of the physical environment in which the learning devices are found. The

learning devices proposed will be used by students and teachers in the classroom and will travel home with students.

Securing the device by physical means will not be practical as the only security measure. The Respondent is encouraged

to include external physical markings or property tags of some type that provide a unique, visual appearance to identify

the device as part of this program. Each device and protective case must be engraved or laser etched with the SCS logo

and the words “Property of SCS.” The Respondent will provide a detailed description of security features on the proposed

devices to deter theft. The Respondent will address what can be done to make the device inoperable if the device is lost

or stolen.

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2.29 Support. The Respondent will fully describe the process and plan that will be utilized whenever a break/fix event

(both in warranty and out-of-warranty) occurs within any aspect of the Respondent’s solution. This will cover the entire

process of repairing or replacing a learning device. The Respondent shall provide a 24-hour repair or replace response.

Live operators must be available to answer service related calls during the Prime Period of Maintenance (PPM) Monday

through Friday, from 7:00 am to 6:00 pm. (Central time) During the PPM hours, a technician must be dispatched to

respond to the service call onsite within the next business day from receipt of the call for service. If the problem cannot be

resolved, an equivalent replacement unit must be delivered and installed in the same location within 24 hours from the

time of receipt of the original service call.

This “response time” (repair or replace) provision shall be strictly adhered to by the Respondent for the full three (3) year

warranty period of the equipment. Voice-mail, message taking services, clerical staff, or other non-technically

qualified personnel are not acceptable means of providing technical support to the District.

As part of its solution reliability strategy, the vendor may provide spare learning devices or other spare equipment, to be

housed at the local school and configured to the school’s specifications for use, while school-assigned devices/equipment

are being repaired or replaced. The local quantity of spare portable computing devices shall be based on the Respondent’s

experience with these devices in other, similar environments.

2.30 Project Management and Implementation. The Respondent shall ensure a successful implementation for each of

the participating sites. This includes necessary site surveys, validation testing, delivery and configuration of all hardware

and software, training, support program implementation and any other aspects of the solution necessary.

2.30.1 Timeline. The Respondent will provide and commit to a timeline, consistent with the RFP requirements,

for the implementation process. The timeline must include all major phases and milestones. This timeline will be

a component considered in the evaluation of the RFP.

Key Events Schedule

The anticipated schedule for completion of this procurement is shown below. The dates are subject to change.

Event Date

Deadline for Questions: April 18th by 4:00 p.m.

(Answers to Respondent’s questions will be posted on

Procurement’s website April 21, 2014 by end of business.)

RFP Deadline April 25th

by 2:00 p.m.

Respondent’s Presentations April 29th -May 6

th , if required

Board Approval Date May 27th

Process Contracts May 28th

Phase I Execution June 30th

Phase II Execution July 23rd

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Phase I: School Infrastructure Upgrades

Receipt of 100 Devices for School Administrators and District Support Administrators/Personnel

Receipt of 1000 Devices for Teachers and Media Specialists

This training will supplement PD received at the Blended Learning Summit

Phase II: Student Learning Devices

Receipt of Remaining Devices

Parent Training Begins

2.30.2 Implementation. Each school implementation will include provision of complete, current documentation

necessary for effective and successful use of the solution by people such as system administrators, site support

personnel, and teachers. This may include manuals, guides, quick reference materials and other documentation.

Electronic versions are required. Each Respondent will describe what documentation they will provide and how

they will provide it in order to be effective.

Each implementation will include establishment of a site work completion and satisfaction sign-off form. The

Respondent’s equipment and work at each site will not be considered complete until satisfaction sign-offs are

obtained from both the responsible site person and the project lead. This will be provided to central office and

each school site for approval before any work begins.

The Respondent shall make available sufficient staff to enable smooth delivery, implementation, communication,

and support at each and every school site, including presence on dates of delivery to staff and students, and

follow-up if necessary. The Respondent must be prepared to complete multiple installations and deliveries per

day.

2.30.3 Project Staffing. A local, experienced, qualified, and effective project team will be identified and

provided, subject to approval by the District. The Respondent will provide a description of its project staffing plan

for all phases and tasks, identify each senior staff member, and provide a resume.

At a minimum, the Respondent will maintain a local team for the length of the project made up of a Project

Manager, Educational Specialist, Training Specialists, and Technical Engineers sufficient to implement and

support the program.

2.31 Technology/Content Interchange Meetings. Participation in at least ten (10) technology/content interchange

meetings annually in conjunction with the District is required. The intent of the meetings is to help inform the educational

community of the project plans and to maintain communication and ongoing relationships with the participating schools.

These conferences and/or meetings may begin as early as June 2014. Additionally, the Respondent shall provide a plan

for parent and community involvement.

2.32 Ongoing Improvements. Since the District is vitally interested in investing in solutions which have long-life and

upgradeability to provide continuing and enhanced capabilities over time, including migration to evolving standards, each

Respondent must describe its solution’s ability to adapt to or incorporate improved technology. The Respondent shall

fully describe the identification process for progressions in technology and the integration of these progressions into

products previously delivered to school sites. Examples include upgrades to the core operating system or changes to the

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application distribution method.

2.33 Options. The District shall receive, but will not score the following proposals for additional options as listed. The

resulting agreement may include an optional services section using negotiated features and prices from which future task

orders or separate contracts may be based.

2.33.1 Additional Software. The vendor may provide, at no additional cost, students and teachers access to

software and applications such as web-page development software, student information and assessment tools, data

management, etc.

2.33.2 Additional Content. The vendor may provide, at no additional cost, students and teachers access to Pre-

Kindergarten curriculum, intervention programs in ELA and Mathematics (for English learners, struggling

learners, and/or special education students), an artificial intelligence writing scoring process, and computer

adaptive assessments.

2.33.3 Storage and Security Cart Option. The District may consider a cart option as a part of the proposal. The

District may, at its discretion, choose to release a separate RFP for carts should it be in the District’s best interest

to do so.

Cart proposals must include approximately one cart for every 32 device units (to be purchased and deployed at the

District’s discretion) with the following requirements:

Cart must be mobile and have the ability to support storage, configuration, synchronization and charging,

via data cables built-in to the cart

Devices must load into the cart from the top, not from the side where limited access and frequent bending

to store and remove them would be required

Cart must have storage capability for a configuration computer (if the devices require one)

Electrical components must be UL listed and cart shall have a switch located on the exterior of the cart to

enable switching off of power to the cart if necessary

Charging components shall deliver a sufficient number of amps per device to allow for charging in the

shortest period of time without negatively affecting the electronics of the devices

Cart must be constructed of steel or similar durable metal that prevents exterior access to the contents

without opening doors (no removable panels)

Doors shall be locked using a steel shackle-guarded, heavy gauge combination padlock (Master Lock or

equivalent)

Cart must include a wheel boot lock which shall be secured with a steel shackle-guarded, keyed padlock

(Master Lock or equivalent)

Carts shall be delivered to specified schools and into specified classrooms as directed by the District

3.0 JOINT VENTURES. Respondents are encouraged to enter joint ventures for the purposes of responding to this RFP

and providing the Services. The Respondent must comply with the requirements of the SCBOE “Minority, Women and

Disadvantaged Business Enterprise Participation” and “Local Preference Purchasing”, in Section D of this RFP.

4.0 DURATION OF THE AGREEMENT. The term of the Agreement shall commence on the date that the Agreement is

executed by all parties thereto. Thereafter, unless earlier terminated, the term of the Agreement shall continue for an initial term

of three (3) years. (Exception: The contract for the digital curriculum software is an annual contract.) The Agreement shall

reserve for SCBOE the unilateral option of extending the term of the Agreement for two (2) additional terms of one (1) year(s)

each, provided that the maximum duration of the Agreement shall not exceed five (5) years. The Agreement shall also contain a

provision granting to SCBOE the right to terminate the Agreement, with or without cause, upon thirty (30) days notice.

(Hereinafter, the period from the time of commencement of the term of the Agreement until the time of expiration of the term of

the Agreement shall be referred to as the “Agreement Term”).

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5.0 FORMAT OF PROPOSAL. The Proposal submitted by the Respondent must contain the following information,

which information collectively constitutes the Proposal.

5.1 Description of the Services. The Proposal must contain a thorough description of the Services being offered

in response to this RFP. The Proposal should show that the Services being provided, at a minimum, meet the

specifications set forth in this RFP. All requests included in this RFP for information regarding the Services should be

included in this part of the Proposal, including but not necessarily limited to the following:

a. Cover Letter Referencing the RFP;

b. Table of Contents;

c. Company’s Background

d. Company’s Mission Statement and Customer Focus

e. A description of any additional services the Respondent believes are necessary to fully provide the Services or

which the Respondent believes would be beneficial to SCBOE within the context of the Services requested in this

RFP; and

f. Any other relevant information about the proposed Services deemed to be material.

5.2 Description of the Respondent. The Proposal must contain a thorough description of the background of the

Respondent and sufficient evidence showing that the Respondent is capable of providing the Services. All requests

included in this RFP for information describing the Respondent should be included in this part of the Proposal, including

but not necessarily limited to the following:

a. A brief description of the history and mission of the Respondent, including the Respondent’s background

and mission statement, the length of time the Respondent has been in business, a description of the Respondent’s

organizational structure and a description of the Respondent’s customer make-up;

b. Disclosure of the Respondent’s Dunn and Bradstreet number;

c. References of the Respondent, including at least five (5) other clients for whom the Respondent has provided

services similar to the Services (with preference given to clients comparable to SCBOE) and, for each such

reference, the business name, the identification of a contact person, the title of the contact person, a telephone

number and email address;

d. Disclosure of the volume of sales the Respondent has had in each of its past two fiscal years;

e. A description of the number and qualifications of the Respondent’s employees who will participate in the

performance of the Services, including the total number of employees at the Respondent’s Memphis location,

the names and titles of key employees who will be assigned to provide the Services, a description of the role to be

filled by each such key employee and a resume of each such key employee;

f. A description of any other resources available to the Respondent that will be useful in providing the

Services;

g. A description of the business design of the Respondent, including the number and locations of facilities

and offices of the Respondent and specification of the location of the home office of the Respondent;

h. A statement of whether the Respondent has been certified by any certification agency as a minority

business enterprise or any other type of business qualified for an allowable preference under the SCBOE MWBE

Policy 2010;

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i. A description of the methods used by the Respondent to measure the satisfaction of its clients;

j. Any other relevant information about the capabilities of the Respondent deemed to be material.

5.3 Experience of the Respondent. A sufficient description of the experience and knowledge base of the Respondent

to show the Respondent’s capabilities should be included in the Proposal. At a minimum, the description of the

experience and knowledge base of the Respondent included in the Proposal should include, but not necessarily be limited

to, the following:

a. A statement of how long the Respondent has provided services similar to the Services requested herein;

b. A general description of the Respondent’s experience and background in providing services similar to

the Services requested herein;

c. Any other relevant information about the experience and knowledge base of the Respondent, which is

deemed to be material.

d. A statement regarding previous experience, if any, in providing “Services” to SCBOE.

5.4 Sample Contract. A sample agreement, substantively similar to the agreement the Respondent proposes to

use if awarded the final contract, should be included in the Proposal.

5.5 SCBOE MWBE Policy and Local Preference Policy. Refer to Section D of this RFP.

5.6 Pricing Schedule. The pricing schedule contained in Section E of this RFP, entitled “Pricing Schedule”, if

any, must be completed and included in the Proposal along with any additional documentation required or permitted

thereby.

6.0 COMPENSATION. The successful contractor will be compensated for the Services provided in accordance with any

other compensation arrangement negotiated between SCBOE and the successful contractor. To the extent the provisions of this

paragraph contradict any provision regarding compensation set forth in Section C of this RFP, the provisions set forth in this

paragraph shall govern.

7.0 BONDING REQUIREMENTS. The successful contractor shall be required under the Contract to comply with the

bonding requirements listed below, if any.

8. 0 QUESTIONS REGARDING THIS RFP. Questions or requests for clarification of technical issues and terms pertaining

to this RFP must be submitted in writing via e-mail to [email protected], and must be received by SCBOE no later than 4:00

PM/CST on April 18, 2014. Questions should include a return e-mail address and should specifically reference the section of the

RFP to which the question pertains. All questions must be submitted in writing. IN ORDER TO PREVENT AN UNFAIR

ADVANTAGE TO ANY RESPONDENT, VERBAL QUESTIONS WILL NOT BE ANSWERED. All questions and answers

will be posted on Procurement’s website at the end of the business day on April 21, 2014. These guidelines for communication

have been established to ensure a fair and equitable evaluation process for all Respondents. Any attempt to bypass the above lines

of communication may be perceived as establishing an unfair or biased process and will lead to disqualification.

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SECTION C - INSTRUCTIONS TO RESPONDENTS

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INSTRUCTIONS TO RESPONDENTS

1.0 PURPOSE. Shelby County Board of Education (“SCBOE”) hereby solicits submission of written proposals

(“Proposals”), on a competitive basis, from qualified companies (the “Respondents”) capable of providing the scope of products

or services described in Section B hereof (the “Services”). These instructions provide detailed legal and technical

requirements for the acquisition of the Services. This Request for Proposal (this “RFP”) will become part of any final contract

entered between SCBOE and the Respondent for the provision of the Services.

SCBOE will review the Proposals submitted and, ultimately, will enter into a contract with the successful Respondent for the

Services. The Services are more particularly described in Section B of this RFP, which section is entitled “Scope of Services”.

2.0 PERIOD OF CONTRACT PERFORMANCE. The period of performance for the Services to be provided to SCBOE

by the Respondent as a result of this RFP and any resulting contract or agreement shall be as agreed and negotiated. It is the

intent of SCBOE to award a contract, or agreement, for the term, or duration, defined in Section B of this RFP. The contract or

agreement resulting from this RFP shall also contain a provision granting to SCBOE the right to terminate the Agreement,

with or without cause, upon thirty (30) days notice. A sample agreement containing provisions consistent with the provisions set

forth in this paragraph must be included with the Proposal.

3.0 PRE-PROPOSAL CONFERENCE. Not applicable.

4.0 MINIMUM STANDARDS. The successful contractor shall be capable of providing the Services in accordance

with the minimum standards, specifications and performance requirements, as well as in accordance with all of the terms and

conditions, stated in this RFP. The standards, specifications, performance requirements, terms and conditions set forth in this

RFP reflect the primary considerations of SCBOE concerning the minimum services and capabilities expected, but may

not necessarily reflect all the services and capabilities required. Additional standards, specifications, performance requirements,

terms and conditions may be set forth in the final contract. In this regard, the successful contractor shall furnish all management

and resources (including but not limited to personnel, technical support, computerized and other systems support, equipment,

materials and miscellaneous supplies) necessary to provide the Services in a thorough, comprehensive, timely, efficient and

effective manner.

5.0 SPECIFICATIONS. The Respondent, if and when it is awarded a contract, shall provide all the Services described in

Section B of this RFP, entitled “Scope of Services”.

6.0 PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS.

6.1 General Requirements. In order to be considered for selection, successful Respondents must submit a complete

response to this RFP. One (1) original, one (1) CD/ USB (with Proposal formatted into a single pdf file) and twenty-five

(25) copies of each Proposal, including all attachments, forms and other related documents, must be submitted to

SCBOE at the place and in the manner indicated below. No other distribution of the Proposal shall be made by the

Respondent. Proposals submitted by telegraphic or facsimile will not be considered.

6.1.1 Signatures; Completeness. Proposals shall be manually signed by an authorized representative of the

Respondent. The printed name and title of the person signing the Proposal must appear on the signature page of

the Proposal. Proposals must concisely set forth all of the information requested by this RFP in a full,

accurate and complete manner, including all required attachments. If any required information is not contained

in the Proposal, the Proposal will be considered non-responsive and, consequently, will not be considered.

6.1.2 Simplicity. Proposals should be prepared simply and economically, providing a straightforward, concise

description of the Respondent’s capability of satisfying the requirements of this RFP. Emphasis should be on

completeness and clarity of content. Responses should focus on efficient and cost effective systems, which

ensure cost management, timely services and minimized paperwork.

6.1.3 Binding. Each copy of the Proposal should be bound or contained in a single 1” volume. All

documentation submitted with the Proposal should be contained in that single volume.

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6.2 Place and Time for Submission. Proposals will be received by SCBOE at its Procurement Services office

located at 160 South Hollywood Street, Room 126, Memphis, Tennessee 38112, until 2:00 P.M. LOCAL TIME ON

April 25, 2014 (THE “SUBMISSION DEADLINE”). PROPOSALS RECEIVED AFTER THIS DATE AND

TIME WILL BE REJECTED AND WILL BE RETURNED TO THE RESPONDENT UNOPENED.

6.2.1 Delivery. All Proposals shall be deemed received when delivered to the above address. Each

Respondent is solely responsible for ensuring that its Proposal is timely delivered. Any Respondent who relies

on overnight delivery services, the United States mail, private mail services, local couriers or any other

delivery service remains solely responsible for the timely delivery of its Proposal and assumes all risk of late

delivery, mis-delivery and non-delivery. Respondents may verify delivery of Proposals by contacting SCBOE at

(901) 416-5376.

6.2.2 Receipt by SCBOE; Markings. Upon receipt, all Proposals will be date-stamped, time-stamped,

logged and deposited by SCBOE staff. Respondents are reminded that all Proposals must be securely sealed

and clearly marked.

6.3 Pricing. Pricing information shall be provided on the pricing schedule form attached to this RFP. In determining

its pricing proposal, the Respondent should take into account the following considerations.

6.3.1 Tax Exemption. SCBOE is a tax-exempt entity and, as such, is exempt from the payment of taxes,

including but not limited to sales and use taxes, federal excise taxes and federal high use taxes.

6.3.2 Extra Charges. Unless agreed by the parties in writing, charges in excess of the amounts agreed upon in

the final contract shall not be allowed.

6.4 Forms. Along with the Proposal, the Respondent will provide signed copies of all forms required by

this RFP to be submitted. Information required by any forms must be submitted on the forms furnished. If

erasures or other changes appear on the forms, such erasures or changes shall be initialed by the person(s)

signing the form and the Proposal.

6.5 Identity of the Respondent. The Proposal must reveal the full name and business address of the Respondent.

SCBOE will enter an agreement only with the person or entity named as the Respondent in the Proposal of the successful

contractor.

6.6 Modifications Following Submission. Modifications of Proposals following submission will be allowed,

provided the modification is received by the SCBOE at the place designated for submission of Proposals prior to the

Submission Deadline.

6.7 Duration of Validity. Proposals shall be valid for a minimum period of six (6) months subsequent to the

Submission Deadline. Proposals expiring less than six (6) months from Submission Deadline will be considered n o n -

r e s p o n s i v e a n d, consequently, will not be considered.

7.0 CHANGES TO THE SPECIFICATIONS. Any modification, amendment or other change to this RFP will be made

by SCBOE via written addendum and will be forwarded to all persons and firms to whom the RFP has been transmitted. Any

unapproved deviation, exception, substitute, alternate or conditional qualification contained in a Proposal may be cause for

rejection of the Proposal.

8.0 EVALUATION PROCESS.

8.1 Evaluation Committee. SCBOE will appoint an evaluation committee, consisting of representatives of SCBOE,

to evaluate submitted Proposals and recommend a Respondent for a final contract with SCBOE for provision of the

Services. The committee will apply the evaluation criteria set forth in this RFP, or in any addenda hereto that may be

issued by SCBOE, in order to identify a Respondent for a final contract. An evaluation criterion is deemed to include

any unstated “sub criterion” that logically might be included within the scope of the stated criterion.

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8.2 Evaluation. The evaluation committee shall consider a number of criteria in determining with which Respondent

and SCBOE will enter a final contract. SCBOE reserves the right to negotiate fees and other terms with the selected

Respondent and, if no agreement is reached including desired fees and terms, the right to select and negotiate with

another Respondent. SCBOE may request additional information from any Respondent at any time after the

Submission Deadline. However, unsolicited information may not be accepted from any Respondent after the

Submission Deadline. SCBOE will assume that all Proposals are complete as received.

8.2.1 Evaluation Criteria. Proposals shall be evaluated based upon the following criteria:

8.2.1.1 The extent to which the Services offered in response to this RFP meet or exceed the minimum

specifications required of the Services;

8.2.1.2 The ability of the Respondent to provide the Services requested or offered;

8.2.1.3 The quality of the Services being offered by the Respondent;

8.2.1.4 The price for which the Services are offered; and

8.2.1.5 Any and all other factors the evaluation committee deems reasonably applicable.

8.3 Oral Presentation. SCBOE reserves the right to interview, or require an oral presentation from, any

Respondent for clarification of information set forth in the Respondent’s Proposal. In this regard, at the discretion of the

evaluation committee, some or all Respondents who submit an Proposal in response to this RFP may be asked submit to

an interview or give an oral presentation of their respective Proposals to the evaluation committee. If so, this is not to

be a presentation restating the Proposal, but rather an in-depth analysis of certain qualifications of the Respondent. The

interview or oral presentation, if utilized, is intended to provide an opportunity for the Respondent to clarify or elaborate

on its qualifications without restating the Proposal. The interview or oral presentation is to be a fact finding and

explanation session only and is not to be used to negotiate any terms of contract. If required, the time and location of

such interview or oral presentation will be scheduled by the Procurement Director of SCBOE. Interviews and oral

presentations are strictly an option of SCBOE or its evaluation committee and, consequently, may or may not be

conducted. All travel expenses to and from the interview or oral presentation shall be the responsibility of the

Respondent. Oral presentations for respondents to this proposal are to be scheduled between April 29, 2014-May 6, 2014.

8.4 Qualifications of the Respondent. SCBOE may make such reasonable investigations as deemed proper and

necessary to determine the ability of the Respondent to provide the Services. The Respondent shall furnish to SCBOE all

such information and data as may be requested for this purpose. SCBOE further reserves the right to reject any

Proposal if the evidence submitted by, or investigation of, the Respondent fails to satisfy SCBOE that the Respondent is

properly qualified to carry out the obligations required in this RFP and the final contract and to provide the Services

contemplated therein.

8.5 Inspections. SCBOE reserves the right, at reasonable times, to inspect the part of the plant or place of business of

the Respondent or any subcontractor thereof which is related to the performance of any contract awarded or proposed to

be awarded by SCBOE. SCBOE further reserves the right, at reasonable times and places, to audit the books and

records of any Respondent who has submitted a Proposal to the extent that such books and records relate to cost or

pricing data contained in the Proposal.

9.0 AWARD OF CONTRACT. The final contract for provision of the Services will ultimately be awarded to the

Respondent deemed by SCBOE in its sole discretion to be the lowest responsive and responsible Respondent. In determining

which Respondent is the lowest responsive and responsible Respondent, SCBOE will consider which Respondent is fully

qualified and best suited, offers the best Services for the most reasonable price and is altogether most advantageous to

SCBOE among those submitting Proposals in response to this RFP, as determined based upon evaluation of the criteria set forth

in this RFP and upon the results of negotiations. Terms of engagement will be negotiated with the selected Respondent, and

the final contract will be awarded in the manner deemed by SCBOE to be fair and most advantageous to SCBOE.

9.1 Rejection of Proposal. SCBOE reserves the right to reject any or all Proposals and to waive informalities and

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irregularities in any or all Proposals submitted. In this regard, SCBOE, at its own discretion and at any time prior to

award, may cancel this RFP or reject any Proposal, in whole or in part, and is not required to furnish a statement of the

reason why a particular Proposal or Proposal was rejected or was not deemed to be the most advantageous.

9.2 Bid Preferences. SCBOE applies a five percent (5%) bid preference to Respondents, which qualify as local

businesses.

9.3 Negotiation and Approval of Contract. Should, at any time, SCBOE determine in its sole discretion that only

one Respondent is fully qualified or that one Respondent is clearly more qualified than the others under consideration,

a proposed contract may be negotiated for award to that successful Respondent. SCBOE shall have no obligation to

include in any such proposed contract any part of any sample contract submitted by the Respondent. The proposed

contract must be presented to the board of commissioners of the SCBOE (the “Board”) for final approval of award.

Provision of the Services may not commence until: (i) a contract between SCBOE and the successful Respondent is

properly negotiated, executed and entered; (ii) the contract is approved by the Board, as required; and (iii) SCBOE issues

to the successful Respondent a written notice to proceed.

9.4 Compensation. The successful contractor will be paid for the Services provided in accordance with a

compensation arrangement to be negotiated between SCBOE and the successful Respondent. More specific guidance

regarding compensation may be set forth in Section B of this RFP.

9.5 Price Adjustment. The price to SCBOE, including fee, profit or any other portion of the compensation

payable to the Respondent, shall be adjusted to exclude any significant sums by which SCBOE finds that the price was

increased because the fees, costs or pricing data furnished by the Respondent were inaccurate, incomplete or not current as

of the date of the contract.

9.6 Charges Not Required. The successful contractor and SCBOE both shall agree that SCBOE shall not be

required to pay to the successful contractor any cost, fee or charge which is not specifically required to be paid by the

contract.

9.7 Performance. SCBOE and the successful contractor each shall agree to fully perform all of their respective

obligations under the Agreement. However, failure of SCBOE to perform such obligations shall not automatically

relieve the successful contractor of its obligation to perform under the contract.

9.8 Protests. SCBOE will consider all protests filed in a timely manner regarding the award of a contract, or the

process of awarding a contract, in relation to this RFP, whether submitted before or after award. All protests are to be

submitted in writing.

10.0 GENERAL TERMS AND CONDITIONS.

10.1 No Commitment. This RFP does not commit SCBOE to award a contract, pay any costs incurred in the

preparation of any Proposal submitted or procure or contract for Services from any Respondent or any other person.

Accordingly, each Respondent shall be responsible for all costs incurred in the preparation and submission of its Proposal

or in any part of its participation in the pre-award process.

10.2 Conditions and Assumptions. All Proposals and related documents submitted shall be based on the same

conditions and assumptions that will underlie any prospective final contract between SCBOE and the successful

Respondent. Thus, in establishing the terms of any resulting contract, SCBOE may assume the conditions and

assumptions underlying the Proposal submitted by the successful Respondent are accurate.

10.3 Termination. Failure by the successful contractor to comply with the terms and conditions of this RFP

or to deliver the Services identified in this RFP or the contract at the prices quoted shall void the contract award. In the

case of the successful contractor’s failure to deliver the Services in accordance with the contract terms and conditions,

SCBOE, after due oral or written notice, may procure such Services from other sources and hold the successful

contractor responsible for any resulting additional purchase and administrative costs.

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SCBOE reserves the unilateral right to cancel and terminate any resulting contract, in part or in whole, without penalty,

whenever SCBOE in its sole discretion determines that such a termination is in the best interest of SCBOE. Any such

termination shall be enacted by delivery to the successful contractor by certified mail, at least thirty (30) calendar days

prior to the termination date, a notice of termination specifying the extent to which performance shall be terminated and

the date upon which such termination shall become effective. After receipt of a notice of termination, the successful

contractor must stop all work or deliveries under the contract on the effective date and to the extent specified in the

notice of termination. However, any such contract termination notice shall not relieve the successful contractor of the

obligation to deliver and perform on all outstanding orders issued prior to the effective date of termination. No

payment shall be made for anticipated profit on unperformed services.

10.4 Ethics in Public Contracting. By submitting its Proposal, Respondent certifies that its Proposal is submitted

without collusion or fraud, that it has not offered or received any kickback or inducement from any other Respondent,

supplier, manufacturer, subcontractor, customer or other person in connection with its Proposal and that it has not

conferred on any public employee or official having official responsibility for this procurement transaction any payment,

loan, subscription, advance, deposit of money, employment, service or anything of more than nominal value, present or

promised, unless consideration of substantially equal or greater value was exchanged.

10.5 Prohibited Contact. Registered and non-registered lobbying of SCBOE staff members or Board members

with respect to a pending project or award is prohibited during the time period between the date the RFP is advertised

and the date a final contract is awarded. Any contact between SCBOE staff members or Board members and any

representative of a Respondent relating to a pending project or award (whether by writing, telephone, e-mail or

otherwise) outside of properly scheduled meetings, other than as intended and initiated by an SCBOE staff member or a

Board member, shall be grounds for disqualification of the Respondent from the bid process. By submitting a Proposal,

the Respondent represents and warrants that it has not made, and will not make, any contact prohibited by this paragraph.

10.6 Conflict of Interest. Respondent certifies that no SCBOE Board member, staff member or any SCBOE

employee has a financial or beneficial interest in the Respondent.

10.7 Mandatory Use of Form and Modification of Terms and Conditions. Failure to submit a Proposal on any official

form provided for that purpose may be cause for rejection of a Proposal. Return of the complete form is required.

Modification of, or additions to, the general terms and conditions of this RFP may be cause for rejection of the

Proposal. Notwithstanding, the SCBOE Director of Purchasing reserves the right to decide, on a case by case basis,

in his or her sole discretion, whether to reject such a Proposal.

10.8 Errors or Omissions. The Respondent shall not be allowed to take advantage of any errors or omissions in

the specifications set forth in this RFP. Where errors or omissions occur in this RFP, the Respondent shall promptly

notify the contact person listed in this RFP and report the identified error or omission. Inconsistencies in the

specifications are to be reported before Proposals are submitted to SCBOE.

10.9 Liability for Improper Date or Time Processing. By submitting a Proposal, the Respondent agrees that,

if it becomes the successful contractor, the Respondent will indemnify and hold harmless SCBOE and the officers,

employees, Board members and agents of SCBOE against any claim of, or liability for, breach of any contract related to

the Services that is caused directly or indirectly by the failure of computer software or any device containing a computer

processor to accurately or properly recognize, calculate, display, sort or otherwise process dates or times.

10.10 Audit. Unless the contract is a firm fixed price contract, SCBOE shall be entitled to audit the books and records

of the successful contractor or any subcontractor thereof to the extent that such books and records relate to the

performance of the successful contractor’s contract with SCBOE. Accordingly, the successful contractor agrees, and

any subcontractor thereof will agree, to retain all books, records and other documents relative to this RFP and the related

contract for a period of three (3) years from the date of final payment under the contract for the contractor and for a

period of three (3) years from the date of final payment under the subcontract for the subcontractor, unless a shorter

period is otherwise authorized in writing the SCBOE. By submitting a Proposal, the successful contractor grants to

SCBOE the right to perform, or have performed by its authorized agents and/or auditors, an audit of the books and

records of the successful contractor. Consequently, SCBOE will have full access to, and the right to examine, any of

said materials following the giving of reasonable notice during said period. RESPONDENTS ARE HEREBY

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NOTIFIED THAT ALL RECORDS OF ALL PERSONS CONTRACTING WITH THE SCBOE MAY BE

SUBJECT TO THE TENNESSEE PUBLIC RECORDS ACT.

10.11 Compliance with Procedures. The successful contractor will comply with all procedural instructions that may

be issued from time to time by SCBOE. However, the substantive terms and conditions of the contract shall not change

without the written consent of all parties thereto.

10.12 Obligation of Successful Contractor. By submitting a Proposal, the successful contractor covenants and agrees,

based upon its own investigation of the conditions to be met, that it fully understands its obligation and that it will not

make any claim under, or have any right to cancellation or relief from, the contract because of any misunderstanding or

lack of information.

10.13 Format of Services; Satisfaction of SCBOE. The Respondent agrees that, if it becomes the successful

contractor, the Respondent will fully provide to SCBOE, to the best of its capabilities, the Services in substantially the

format, quality and scope required by, or indicated in, this RFP, including any modifications and additions hereto.

Furthermore, the Respondent agrees to be responsible for providing the Services in a manner and to an extent satisfactory

to SCBOE.

10.14 Delivery. By submitting a Proposal, the Respondent agrees that, if it becomes the successful contractor, the

Respondent will deliver to SCBOE all items required to be delivered by this RFP and the Agreement in a form, which

is complete and ready for use.

10.15 Taxes. The successful contractor shall determine, be responsible for and pay any applicable taxes related to

the Services or the Agreement, including but not limited to any property tax, sales tax, federal excise tax or federal

highway use tax. SCBOE is a tax-exempt organization and shall not be billed for, nor be expected to pay, any taxes

applicable to the Services. A COPY OF DOCUMENTATION VERIFYING THE “TAX EXEMPT” STATUS OF

SCBOE IS AVAILABLE AND WILL BE FURNISHED TO THE SUCCESSFUL CONTRACTOR UPON REQUEST.

10.16 Support. If it becomes the successful contractor, the Respondent agrees and affirms that, throughout the

Agreement Term, it will utilize its best efforts to assist and support SCBOE in addressing any problem whatsoever

relating to the Services or the Agreement.

10.17 Deviation from Specification. Accountability for the Services will rest solely with the successful contractor.

Any inaccuracy in or other deviation of the Services from the required specifications will be corrected by the

successful contractor within two (2) weeks after the successful contractor is notified of the inaccuracy or discrepancy.

10.18 Time for Performance. In order to minimize the disruption of schools and other SCBOE facilities, the

successful contractor will perform the Services during hours, which will be determined by SCBOE.

10.19 Non-Discrimination. The Respondent is obligated not to discriminate against any employee of, or applicant

for employment with, the Respondent on the basis of race, color, religion, handicap, national origin, sex or socio-

economic status. This obligation shall include, but not be limited to the following matters: employment, upgrading,

demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation

and selection for training, including apprenticeship. The Respondent is obligated to comply with all requirements of

the Americans with Disabilities Act. In addition, all vendors wishing to do business with Respondent shall be afforded

the same equal opportunity and non- discrimination. By submitting a response to this RFP, the Respondent confirms and

asserts that it is not currently discriminating, and will not discriminate, against any person in any manner related to

this RFP or to any Proposal or contract related hereto, including in the performance under any such contract.

10.20 MWBE Policy and Local Preference Policy. The Respondent must comply with the requirements of the SCBOE

Policy 2010 and 2011 in Section D of this RFP.

10.21 Bonding or Other Security. If the Services include any type of construction or maintenance of a public

building, work or other project to be provided under a contract having a contract price of more than One Hundred

Thousand Dollars and No/100 Dollars ($100,000.00), then, prior to the commencement of work under the contract,

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the successful contractor will execute and provide to SCBOE a good and solvent bond to the effect that the successful

contractor will pay for all the labor and materials used by the successful contractor or by any subcontractor, immediate or

remote, in connection with the contract, in lawful money of the United States, as required by Section 12-4-118 of the

Tennessee Code Annotated. The bond shall be for at least twenty-five (25%) of the contract price. The bond shall

provide that the successful contractor shall promptly make payment when due of all taxes, licenses, assessments,

contributions, penalties and interest on the project.

10.22 Insurance. By submitting a Proposal in response to this RFP, the Respondent certifies that, if awarded a

contract, it will have the insurance coverage required for performance of the Services, if any, at the time the work

commences. Additionally, the Respondent certifies that it will maintain this insurance coverage throughout the entire

term of the contract and that all insurance coverage shall be provided by insurance companies authorized to sell

insurance in Tennessee. During the term of the contract, SCBOE reserves the right to require the successful

Respondent to furnish certificates of any required insurance for the coverage required by SCBOE, if any is required.

10.23 Confidential and Proprietary Information. SCBOE is subject to the Tennessee “Public Records Act.”

Accordingly, no claim of confidentiality or proprietary information in all or any portion of any Proposal submitted in

response to this RFP will be honored unless a specific exemption from the Public Records Act exists and such exemption

is cited in the Proposal. Any claimed exemption must be specifically cited by page and paragraph number(s). An

incorrectly claimed exemption does not disqualify the Respondent.

10.24 Ownership of Computer Programs and Data. Ownership of all computer systems, programs, software, data,

materials, documentation or similar products purchased, created or compiled in connection with the performance of the

Services or the performance of obligations under any contract resulting from or related to this RFP, now or hereafter,

shall vest completely and exclusively with SCBOE. Upon expiration of the term of the contract, the successful contractor

will relinquish and convey to SCBOE any right it may have in such computer systems, programs, software, data,

materials, documentation or similar products.

10.25 Assignment of Contract. Upon execution, the contract shall not be assigned or subcontracted by the successful

contractor, in whole or in part, without the prior written consent of SCBOE.

10.26 Binding Nature of This RFP. By submitting a Proposal, the Respondent agrees to be bound by all of the

provisions of this RFP. The Respondent further agrees that, if it becomes the successful contractor, the Respondent and

its heirs and assigns will continue to be bound by the provisions of the RFP for the duration of the Agreement Term

except to the extent any provision hereof is explicitly waived in the Agreement.

10.27 Applicable Laws and Courts. This RFP and any related Proposal and resulting contract shall be governed in all

respects by the laws of the State of Tennessee. Jurisdiction over any matter arising in connection with this RFP or any

related Proposal or resulting contract hereunder shall be held by the federal and state courts having jurisdiction in

Shelby County, Tennessee. Furthermore, the Respondent shall comply with all applicable federal, state and local laws

and regulations.

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SECTION D - MINORITY, WOMEN AND DISADVANTAGED

BUSINESS ENTERPRISE PARTICIPATION (MWDBE) AND LOCAL

PREFERENCE POLICY

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The Respondent must comply with the requirements of the SCBOE Policies 2010 and 2011 “Minority, Women and

Disadvantaged Business Enterprise Participation” and “Local Preference Purchasing”.

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SECTION E - PRICING SCHEDULE

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PRICING SCHEDULE

Pricing shall be broken down as follows:

The Price which the Respondent will charge SCS for the Services is set forth below.

1. LEASE OF LEARNING DEVICES

3-Year Lease Option (based on approx. 13,000 student/teacher devices) $_______________ per year

3-Year Lease Option (based on approx. 15,000 student/teacher devices) $_______________ per year

5-Year Lease Option (based on approx. 13,000 student/teacher devices) $_______________ per year

5-Year Lease Option (based on approx. 15,000 student/teacher devices) $_______________ per year

2. ANNUAL SUPPORT AND MAINTENCE (Learning Devices)

3-Year Option (based on approx. 13,000 student/teacher devices) $_______________ per year

3-Year Option (based on approx. 15,000 student/teacher devices) $_______________ per year

5-Year Option (based on approx. 13,000 student/teacher devices) $_______________ per year

5-Year Option (based on approx. 15,000 student/teacher devices) $_______________ per year

3. SOFTWARE LICENSING/PRICING – SCS –DISTRICT LICENSE

Year 1 (based on approx. 13,000 students/teachers) $_______________

Price proposed per seat: $_______________

Year 2 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

Year 3 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

Year 4 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

Year 5 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

Year 1 (based on approx. 15,000 students/teachers) $_______________

Price proposed per seat: $_______________

Year 2 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

Year 3 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

Year 4 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

Year 5 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

4. ANNUAL SUPPORT AND MAINTENCE (Software)

YEAR 1 (based on approx. 13,000 students/teachers) $_______________

Year 2 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

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Year 3 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

Year 4 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

Year 5 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

Year 1 (based on approx. 15,000 students/teachers) $_______________

Year 2 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

Year 3 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

Year 4 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

Year 5 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

5. PROFESSIONAL SERVICES (Learning Devices)-On going-Training Total Cost

3-Year Option (based on approx. 13,000 students/teachers) $_______________ per year

(# of days ____ hours____ included) per year

3-Year Option (based on approx. 15,000 students/teachers) $_______________ per year

(# of days ____ hours____ included) per year

5-Year Option (based on approx. 13,000 students/teachers) $_______________ per year

(# of days ____ hours____ included) per year

5-Year Option (based on approx. 15,000 students/teachers) $_______________ per year

(# of days ____ hours____ included) per year

6. PROFESSIONAL SERVICES (Software)-On going-Training Total Cost

YEAR 1(based on approx. 13,000 students/teachers) $_______________

(# of days ____ hours____ included)

YEAR 2 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

(# of days ____ hours____ included)

YEAR 3 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

(# of days ____ hours____ included)

YEAR 4 (Optional Renewal (based on approx. 13,000 students/teachers) $_______________

(# of days ____ hours____ included)

YEAR 5 (Optional Renewal) (based on approx. 13,000 students/teachers) $_______________

(# of days ____ hours____ included)

YEAR 1 (based on approx. 15,000 students/teachers) $_______________

(# of days ____ hours____ included)

YEAR 2 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

(# of days ____ hours____ included)

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YEAR 3 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

(# of days ____ hours____ included)

YEAR 4 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

(# of days ____ hours____ included)

YEAR 5 (Optional Renewal) (based on approx. 15,000 students/teachers) $_______________

(# of days ____ hours____ included)

7. IMPLEMENTATION FEES (If Any)

$_____________________

8. OPTIONAL ADD-ONS

Cart Option: Respondent to include detailed description and specifications for proposed cart.

Cost per cart (one cart per 32 devices) $_____________________

9. OTHER FEES (List and detail cost breakdown)

$____________________

Please provide any additional cost required not included in the Pricing Schedule above.

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SECTION F - FORMS AND DOCUMENTS

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SECOND TIER PURCHASING Shelby County Board of Education utilizes a race neutral program for all purchases and contracts. In order to set

benchmarks for all MWBE and Local Business Enterprises, we ask that our vendors review and actively participate

per Policy 2010 and 2011 in Section D of this RFP.

In order to track the purchases and contracts issued to MWBE's (Minority Women Business Enterprises), we ask our

vendors to indicate their level of second tier purchasing commitment. Second tier purchasing is defined below:

Second-tier purchasing is the process through which a first-tier (or prime) supplier utilizes a minority

supplier either directly or indirectly.

Please indicate below the level of participation, in both dollars and percentage that would define the level of

minority business enterprise participation for this project.

Second Tier Commodity ___________________________________________________

(Example: Office supply vendors may purchase subsets from minority owned companies. Manufacturers

may purchase a certain percentage from minority suppliers. This line asks for the commodity.)

M/WBE category for second tier supplier - PLEASE CHECK ONE:

□ Hispanic

□ Black

□ Asian American

□ Native American Indian

□ Woman Owned

Dollars expended for this commodity, this project $ _______________________________

Percentage of this project __________________________________________________%

Name of Business (Please Print)

Print Authorized Representative Name

Signature of Authorization Representative

Date

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS –

PRIMARY AND LOWER TIER COVERED TRANSACTIONS

1. By signing and submitting this proposal, the prospective primary and/or lower tier participant (“participant”) is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in

denial of participation in this covered transaction, however failure of the prospective participant to furnish a certification or explanation shall disqualify such person from participation in this transaction. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including termination for cause or default, suspension and/or debarment.

3. The prospective participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all covered transactions and in all solicitations for covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may

pursue available remedies, including termination of this transaction for cause or default, suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Primary and/or Lower Tier Covered Transactions

(1) The prospective participant certifies to the best of its knowledge, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) The prospective participant and its principals have not, within a three (3) year period preceding this proposal, been

convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

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(3) The prospective participant and its principals are not presently indicted for or otherwise criminally or civilly charged by a

governmental entity (Federal, State or local) with commission of any of the offenses in Paragraph 2 of this certification.

(4) The prospective participant and its principals have not, within a three (3) year period preceding this application/proposal,

had one (1) or more public transactions (Federal, State or local) terminated for cause or default.

(5) Where the prospective participant is unable to certify to any of the statements in this certification, such prospective

participant shall attach an explanation to this proposal. Agency:

Signature:

Date: