WASHINGTON LEARNING SOURCE (WLS)

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Dec 10, 2013 (3 years and 10 months ago)

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RFP1818
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WASHINGTON LEARNING
SOURCE (WLS)


Puget Sound Educational Service District

800 Oakesdale Ave. SW • Renton, WA • 98057


Request for Proposal 1818
-
3
8


MULTIPLE CATEGORIES OF EDUCATIONAL SOLUTIONS



PROPOSALS DUE:


Tuesday
,
April 16
, 201
3
,
3

p.m. P
D
T

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TABLE
OF CONTENTS

SECTION 1: RFP STAND
ARD INFORMATION

................................
................................
................................
..............

3

SECTION 2: OVERVIEW

................................
................................
................................
................................
..............

5

SECTION 3: RFP REQUI
REMENTS

................................
................................
................................
...............................

9

SECTION 4: PROPOSAL
FORMAT AND SUBMISSIO
N

................................
................................
................................

12

SECTION 5: REVIEW AN
D EVALUATION PROCESS

................................
................................
................................
....

14

SECTION 6: SCOPE OF
WORK

................................
................................
................................
................................
...

17

SECTION 7: STANDARD
CONTRACT

................................
................................
................................
.........................

20

SECTION 8:
STANDARD TERMS AND C
ONDITIONS

................................
................................
................................
..

24

SECTION 9: GLOSSARY
OF TERMS

................................
................................
................................
...........................

27

APPENDIX A: PROPOSAL

SIGNATURE PAGE

................................
................................
................................
............

29

APPENDIX B: SPECIFIC
ATIONS CHECKLISTS AN
D SOLUTION NARRATIVE
S

................................
...............................

30

D
IGITAL
L
ITERACY AND
O
NLINE
S
AFETY
C
URRICULUM

................................
................................
................................
.............

31

I
NSTRUCTIONAL AND
L
EARNING
T
OOLS

................................
................................
................................
................................

33

L
ANGUAGE
A
CQUISITION
S
OFTWARE

................................
................................
................................
................................
...

34

L
EARNING
M
ANAGEMENT
S
YSTEMS

................................
................................
................................
................................
....

36

L
IBRARY
S
OLUTIONS

................................
................................
................................
................................
.........................

40

M
OBILE
L
EARNING
A
PPLICATIONS

................................
................................
................................
................................
.......

42

N
ETWORKING
S
O
LUTIONS

................................
................................
................................
................................
.................

44

O
NLINE
P
ROFESSIONAL
D
EVELOPMENT

................................
................................
................................
................................

45

S
PECIAL
E
DUCATION
&

ESL/ELL

W
EB
-
BASED
A
PPLICATIONS

................................
................................
................................
...

47

S
UPPLEMENTAL AND
B
LENDED
L
EARNING
A
PPLICATIONS

................................
................................
................................
.........

48

V
IDEO
S
URVEILLANCE
P
RODUCTS AND
S
ERVICES

................................
................................
................................
....................

50

APPENDIX C: PRICING
PROPOSAL

................................
................................
................................
...........................

53

APPENDIX D: VENDOR Q
UALIFICATIONS

................................
................................
................................
.................

54

APPENDIX E: WLS PROM
OTIONAL PAGE

................................
................................
................................
.................

55

APPENDIX F: REFERENC
ES

................................
................................
................................
................................
.......

56



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SECTION 1: RFP STAND
ARD INFORMATION


CALENDAR OF EVENTS


T
he dates listed below represent the projected
RFP events

schedule.
WLS reserves the right to
change the schedule. Notification of amendments to
this

schedule prior to RFP opening,
will
be
sent via e
-
mail to
Proposers
with a Letter of Intent on file and will also be made available on the
government WEBS page at
http://www.ga.wa.gov/webs/

up until the
RFP

submission deadline.


Event

Date

RFP Issue Date

(Available for download from
www.ga.wa.gov/webs

)

March 25, 2013

Optional Letter of Intent



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All questions must be submitted
by

email (
nolde
nburg@psesd.org
)

April 12

Deadline for Proposal Submission

All sealed Proposals are due to WLS by this date and time to qualify
for evaluation. There are no exceptions.

April 16, 3 pm

Public Proposal Opening

The WLS membership and qualified
Vendors

may a
ttend the sealed
RFP opening, in which the names of the
Vendors

are read aloud and
recorded. The Proposal opening will be conducted at:

Puget Sound ESD
;
800 Oakesdale Ave SW
;
Renton, WA 98057

April 16

Proposal Evaluation

April 17
-
May 3

Demonstrations (th
ese can be either online or in person)

April 29
-
May 3

Notification of Finalist(s)

May 8

Notification of Contract Awardee(s)

May 15

Last Day to File a Protest

May 22

Post
-
Award Conference

WLS and contract awardee(s) will meet to finalize contract and
ma
rketing.

TBD


RFP CHECKLIST


In order to be considered responsive, Vendors must include, at a minimum, all mandatory
components in their
RFP

response. The list below is provided in order to assist Vendors in
assembling a compliant r
esponse

it is neither a
uthoritative nor exhaustive and Vendors are
advised to carefully read and respond to the entire
RFP
. Failure to include or properly document
any Mandatory or Mandatory Scored requirement will be grounds for disqualification. Vendors

are
required to fully c
omply with all requirements stated in the
RFP
.


These items should be included in your response:


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Two
(
2
) 3
-
ring binders

including an electronic copy in the form of a CD

or USB Flash Drive

containing the documents below
, as more fully described in
the Sect
ion 4: RFP

Format and
Submission
.


X

Tab #

Mandatory

Mandatory
Scored

Tab 1: Vendor Information


Appendix A:
Proposal Signature Page

X



Exhibit A: Vendor Contact Info

X



Exhibit B: Additional Resellers

X


Tab 2: Product Features


Appendix
B
:
Specif
ications

Checklist
s

X



Appendix
B
: Solution Narrative
s


X

Tab 3: Pricing Proposal


Exhibit
C
: Pricing


X


Appendix
C
: Pricing Narrative


X

Tab 4: Vendor Qualifications


Appendix
D
: Company Profile and Experience


X


Appendix
D
: Contract Implementat
ion


X


Appendix
D
: Authorization Letter


X

Tab 5: WLS Promotional Material


Appendix
E
: Website information

X



Appendix
E
: Graphics

X


Tab
6
: References


Appendix
F
:
References


X


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SECTION
2
:
OVERVIEW


WLS BACKGROUND


The Washington Learning Sou
rce (WLS) is a cooperative effort of the nine Educational Service
Districts (ESDs) throu
ghout the State of Washington

housed
at Puget Sound
Educational
Service District

in Renton.
WLS’s mission is to provide a place for districts to choose products and
ser
vices that meet their needs and create economic efficiencies through ESD collaboration and a
regionally supported delivery model
. Since 2006, $2
4

million in software, hardware, and other
instructional products have been sold to Subscribers through the WLS
purchasing program.
Additional information about WLS can be found at
www.walearningsource.org
.


ESDs function primarily as support agencies and deliver educational services that can be more efficiently or
econo
mically performed regionally. Information about all nine Washington ESDs can be found at
www.psesd.org/index.php?option=com_content&task=view&id=60&Itemid=187
.


WLS
is acting on behalf of the

nine
ESDs to select Vendors for Optional Use purchasing
contracts.
By submitting an offer, the
Vendor

agrees to make the same proposed terms and
prices available to WLS members. Any contract awarded will be an "Optional Use" cont
ract; it
may be used by eligible institutions, but eligible institutions are not required to use it for their
acquisitions.


Pricing through the WLS is considered statewide; in other words, WLS members expect to obtain products
and services for a lower pri
ce than they could achieve on their own. Vendors proposing pricing through the
WLS are required to offer discounts below their educational list price in order to be considered.


TECHNOLOGY LANDSCAPE


Washington State’s Annual Technology Survey Snapshot ca
n be found at
http://k12.wa.us/EdTech/Snapshot_2011
-
12.aspx
. Highlights:


Internet Connectivity




99.8% of classrooms have networked Internet connectivity.

Standards
-
based Computers



The ratio of

students to standards
-
based networked computers with Internet connectivity is
3.87 to 1, while the ratio of students to all computers is 2.62 to 1.



Of the total 393,150 instructional computers in use, 48% are located in computer labs or
libraries.

Techno
logy




102,820 portable computers


laptops and net books


are available for class activities
and learning projects, as well as 9,625 wireless tablet devices (predominantly iPads).



13.7% of the computers run Macintosh OS, 85.7% run Windows.

Computer Access

Outside Class



68.6%+ of state schools provide computer access outside class time, split between before
school, after school or during free periods. On average 53.5 computers are available in
these schools for student use.

Wireless Internet Access




84.6%

of Washington school buildings provide some degree of wireless access to the
Internet. Of those buildings, 56.2% provide access throughout the entire building.

Bring Your Own Device (BYOD)


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175 districts (59.7%) allow students or staff to connect personal

devices to their district
network, although 49 of those districts allow staff access only.


AUTHORITY


Educational Service Districts (ESDs) in the state of Washington are political subdivisions of the
state that are organized under and operate in accordan
ce with state statutes. Chapter 28A.310 of
the Revised Code of Washington (RCW) is the primary statute that governs ESDs. Chapter
28A.310 authorizes ESD’s to enter into contracts, to provide informational services and to
establish cooperative programs. RCW

28A.310.200. Sect
ion 28A.310.180 (3) directs ESD
s to
establish “joint purchasing programs.” The Washington Learning Source is a joint purchasing
program of Washington State’s nine regional ESDs.


Under the authority of section Chapter 39.34 RCW, WLS uses
the RFP process as a procurement
option allowing t
he award to be based on
evaluation criteria. The RFP states the relative
importance of all evaluation criteria.


Pursuant to RCW 39.34, an intergovernmental (Interlocal) purchasing agreement forms the basis

for WLS membership. All public K
-
12 educational institutions and associations published in the
Washington State Education Directory are eligible to become WLS members and purchase from
this Optional Use contract. Interlocal purchasing contracts allow eith
er party to make purchases at
the other party's accepted proposal price. A list of current WLS members is posted on the
Washington Learning Source website at
http://walearningso
urce.3dcartstores.com/WLS
-
Members_ep_44
-
1.html
.


RFP PURPOSE


The WLS is acting on behalf of the nine Washington Educational Service Districts and their
schools and school districts in releasing this RFP. Authorized Vendors of products are invited to
pro
vide proposals

in one or more of the following categories

for an optional use contract to be
considered by the Washington Learning Source (WLS) for the purpose of providing its
members
competitive pricing
:


1.

Digital Literacy and Online Safety Curriculum

An
online program that addresses either or both of these topics. As defined by Washington State OSPI, Digital or
Technology Literacy is defined by the ability to use the right technology responsibly, creatively and effectively to

a
pply techn
ology to real
-
worl
d experiences, a
dapt to changing technolo
gies, m
odify curr
ent and create new

technologies, and p
ersonalize technology to meet individual needs, interests and learning styles.

2.

Instructional and Learning Tools

These products may be hosted, downloadable, or s
oftware
-
based, and they should be appropriate for PreK


12.

These tools come in a variety and, for example, may be accessed by students for editing images or by teachers for
creating mind maps.

3.

Language Acquisition Software

An online program for K
-
12 stud
ents or adults to achieve foreign language proficiency within the district in French,
Spanish, German, Japanese, Chinese, and introduction to world language. All materials must reflect 21st century
skill sets.

4.

Learning Management Systems

A hosted solution
to support the online learning needs of a K
-
12 institution. The solution includes learner tools
(communication tools, productivity tools, and student involvement tools) and support tools (administration tools,
course delivery tools, and curriculum design t
ools) that enable the delivery of online learning.

5.

Library Solutions

A variety of applications typically used in a school library, such as online databases, library management systems,
streaming video, and reference materials.

6.

Mobile Learning Applications

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Educational applications that

operate

on both computers and
mobile devices, such as
smartphones, E
-
readers,
Adobe Reader, Presentation software
, etc.

7.

Networking Solutions

Software, equipm
ent, and services that lend themselves to a networking infrastructure, such as antivirus, filtering,
SANS, and Cloud applications.

8.

Online Professional Development

Online p
rofessional development
opportunities

where K
-
12 st
aff

would be able to access
content through either
tutorials, webcasts, or full courses.

9.

Special Education & ESL/ELL Web
-
based Applications

K
-
12 educational applications that specifically address Special Ed, ESL, or ELL po
pulations.

10.

Supplemental and Blended Learning Applications

Online a
pplications
rely on a

user’s input to determine the order and pace of instruction delivery
, provide

teachers
with the appropriate instructional tools to ens
ure learner success

are

diagnostic and prescriptive
, p
rovides relevant
and engaging content
, p
rovides formative and summative assessment
, and m
ay or may not require a teacher’s
intervention
.

11.

Video Surveillance Products and
Services

A “Turnkey” solution that will include the purchase of IP cameras, VMSs, network cabling, POE switches and
terminations, labor and related material for the installation and configuration of said items to satisfy the needs and
requirements as outl
ined below. Vendor must be
authorized and certified to sell, install, and support the product(s)
being proposed.

Vendors may propose an IP
-
based video solution or an Access Control System or both.


PURCHASERS


WLS intends to procure one or more contracts o
n behalf of the nine ESDs to sign with the
apparently successful
Vendor
(s). All public K
-
12 educational institutes and associations published
in the Washington State Education Directory are eligible to become WLS members and purchase
from this Optional Use

contract.


For consideration, a
Vendor

may be an Original Equipment Manufacturer (OEM) or an OEM’s
authorized reseller or agent who is able to carry out the scope of work, post
-
award requirements,
and the terms and conditions of this WLS Contract.
Authori
zed resellers must submit a letter from
the OEM that grants permission for them to respond to this RFP.
WLS reserves the right to elect,
in its sole discretion, to make multiple awards. The number of awards shall be based on the
anticipated need and servic
e, and awardees will be selected upon point totals awarded through
the proposal scoring process.


CONTRACT TERM


The
initial
term of the contract(s) to be signed with the apparently successful
Vendor
(s) will be for
one (
1
) year, with
4

additional one (1) y
ear renewal options. The contract may be renewed for
additional periods of time based upon Vendor performance, the Vendor’s continuation of the
Contract, and WLS's requirements at the conclusion of the contract. Such renewals will require
the mutual consen
t of the WLS and the participating Vendor(s) and will be in the form of a signed
amendment.


MARKETING


WLS and participating ESDs are committed to make commercially reasonable efforts to provide marketing
efforts on behalf of the successful Vendor(s) duri
ng the term of the contract. Beyond that, WLS and
participating ESDs make no guarantee of purchasing volume since any contract(s) resulting from this RFP
are "Optional Use." WLS will in no way whatsoever incur any liability in relation to specifications, d
elivery,
payment, or any other aspect of purchases by such agencies.


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WLS Web Site
.
The WLS maintains a web site that includes a searchable catalog of products
with a dedicated page for each listing contact information, product information, and pricing
(ww
w.walearningsource.org)


Bi
-
Weekly WLS Update Email
.
The WLS sends out email to our customer list every other week
that includes short announcements from vendors about their products.


Visibility for WLS Vendors.
The WLS provides numerous opportunities for

vendors to increase
their visibility with potential Subscribers by
exhibiting at conferences,
sponsoring events, providing
vendor
showcases
, hosting “lunch and learns,” and
participating

in other such activities and
events.


Other WLS Marketing.

Marketing

activities include, but are not limited to, brochures and flyers,
mailers, e
-
mail blasts, visitations, product webinars, and other pertinent activities that promote the
WLS products to eligible Subscribers.


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SECTION 3: RFP REQUI
REMENTS


LETTER OF INTENT


Vendors

may register in advance through an electronic
“Letter of Intent to Respond”

to the RFP
Coordinator
,
Nola Oldenburg
, at the address above or at
noldenburg@psesd.org

by the date
specified on Calendar of
Events
. The Letter of Intent shall include contact name, mailing address,
e
-
mail address, Fax, and telephone contact information.
Vendors

responding with a Letter of
Intent will be added to the list of potential respondents and will receive any addenda and

Q&A by
e
-
mail as soon as they become available.


REVIEW RFP


Vendors

should carefully review the instructions, requirements, specifications, standard terms and
conditions, and contract set out in this RFP and promptly notify the RFP coordinator identified

above in writing or via e
-
mail of any ambiguity, inconsistency, unduly
restrictive

specifications, or
error which they discover upon examination of this RFP. This should include any terms or
requirements within the RFP that either preclude the
Vendor

from

responding to the RFP or add
unnecessary cost. This notification must be accompanied by an explanation and suggested
modification and be received by the deadline for receipt of written or e
-
mailed inquiries set forth in
the Calendar of Events. The WLS wil
l make any final determination of changes to the RFP.


PRE
-
RFP
WEBINAR
MEETING


The Pre
-
RFP
Webinar’s

purpose is two
-
fold: (1) to review and answer questions taken from
potential
Vendors

for this RFP; and (2) to demonstrate the use of the RFP forms. Please

read the
entire RFP package prior to attending the meeting and be prepared in with any questions
regarding the RFP.

Vendors

have the option of attending the Pre
-
RFP
Meeting

in person at Puget
Sound Educational Service District.

The webinar link for regist
ering for the meeting is shown on
the Calendar of Events.


POINT OF CONTACT


From the date this Request for Proposal (RFP) is issued until a
Vendor
(s) is selected and the
selection is announced by the RFP coordinator,
Vendors

are not allowed to communicate

with any
WLS staff regarding this procurement, except at the direction of Anne Anderson, the RFP
Coordinator in charge of the solicitation.
Any oral communications shall be considered unofficial
and non
-
binding on WLS. Vendors should rely only on written
statements issued by the RFP
Coordinator. Responses to verbal requests for information or clarification shall be considered
unofficial until confirmed in written Addenda.
Contact information for the single point of contact
:


RFP Coordinator:
Nola Oldenburg

Puget Sound Educational Service District

800 Oakesdale Ave. SW

Renton, WA 98057

Phone: (425) 917
-
7783

Fax: (425) 917
-
7907

E
-
mail:
noldenburg@psesd.org





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QUESTIONS AND RESPONSES


Vendors

with questions or requir
ing clarification or interpretation of any section within this RFP
must address these questions in writing or via e
-
mail to the RFP coordinator referenced above on
or before
the date specified on

the

Calendar of Events
. Each question must provide clear
ref
erence to the section, page, and item in question.

Questions received after the deadline may
not be considered.

The WLS will provide an official written response in the form of a Q&A posting
by
the date specified on

the

Calendar of Events

to all questions
received by the deadline
.

The
WLS’s response will be by formal written Q&A addendum that will
be sent via e
-
mail to Vendors
with a Letter of Intent on file and will also be made available on the government WEBS page at
http://www.ga.wa.gov/webs/

and the WLS site at
http://www.walearningsource.org/RFP
-
1818
-
38
-
Information_ep_81
-
1.html

up until the RFP submission deadline.


VENDOR EXCEP
TIONS


WLS desires to award this RFP to a Vendor or Vendors with whom there is a high probability of
establishing a mutually agreeable contract, substantially within the standard terms and condit
ions
of the Standard Contract
.
No exceptions to the Terms and

Conditions in Section 9 will be
considered. The sample contract in Section 8 will be customized based on individual vendor
relationships
.


RIGHT TO REJECT


Subject to the provisions of RCW 43.19.1911 and Chapter 236
-
48 WAC, the
WLS reserves the
right to

r
eject any or all proposals
prior to and at any time during negotiations, to reject a proposal
that is in any way incomplete or irregular,
accept any portion of the items proposed unless the
proposer stipulates all or nothing in the proposal
, and to waive a
ny informality or irregularity in any
proposal received. In award of the contract, any and all factors and information that have a
bearing on the selection

of a Vendor may be considered.


WLS reserves the right to cancel or reissue all or part of the RFP a
t any time as allowed by law
without obligation or liability.


ACCEPTANCE OF
CONTRACT
AND STANDARD TERMS A
ND CONDITIONS


By submitting a response to this RFP,
Vendor

agrees to acceptance of the standard terms and
conditions and
contract as set out in Sect
ions 7 and 8

of this RFP.


To be responsive, Vendors must indicate a willingness to enter into a Contract substantially the
same as the Contract in
Section 7
by signing the
Propoosal Signature Page

located in
Append
ix
A
.


Under no circumstances is a Vendor

to submit their own standard contract terms and conditions
as a response to this solicitation.


UNDERSTANDING OF SPE
CIFICATIONS AND REQU
IREMENTS


By submitting a response to this RFP,
Vendor

agrees to an understanding of and compliance with
the specifica
tions and requirements described in this RFP.




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VENDOR
’S SIGNATURE


The proposals must be signed in ink by an individual authorized to legally bind the business
submitting the proposal. The
Vendor
’s signature on a proposal in response to this RFP
guarante
es that the offer has been established without collusion.


LATE PROPOSALS


Regardless of cause, late proposals will not be accepted and will automatically be disqualified
from further consideration.

It shall be the
Vendor
’s sole risk to assure delivery at
the receptionist's
desk at the designated office by the designated time. Late proposals will not be opened and may
be returned to the
Vendor

at the expense of the
Vendor

or destroyed if requested.


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SECTION 4:
PROPOSAL FORMAT AND
SUBMISSION


IDENTIFICATIO
N AND DELIVERY


To facilitate proper delivery and processing, Responses must be delivered in sealed envelopes,
boxes o
r other method of containment.
Sealed Responses are to be clearly identified on the
outside of the package with the following information
at the address below:


Proposer’s

Name and Address

RFP #1818
-
XX

Washington Learning Source

Puget Sound ESD

800 Oakesdale Avenue SW

Renton, WA 98057


WLS assumes no responsibility for unmarked or improperly marked envelopes. Sealed responses
must be receive
d by the date and time specified on the Calendar of Events
.


An electronic copy of the proposal must be included with the hard copy submission. The
electronic copy may be in the form of a CD or USB Flash Drive affixed to the proposal containing
all documen
ts submitted in the proposal
. Although the electronic version can be in PDF version, it
must also be in Microsoft Word (or equivalent) format and Microsoft Excel (or equivalent) for the
pricing

exhibits
.


FORMAT


Two

(
2
) proposals should be submitted in

3
-
ring binders
.

Proposals are to be limited to a page
size of eight and one
-
half

by eleven inches (8.5” x 11”).


A
T
able of
C
ontents

should be included with a
ll proposal pages numbered
.


The proposal sections must be organized with tabbed dividers.
A “Tab”,
as used here, is a section
separator, offset and labeled, (Example: “Tab 1, Required Documents”), such that the Evaluation
Committee can easily turn to “Tabbed” sections during the evaluation process. If responsive
information is also contained in other se
ctions, Vendors should specifically reference the tabbed
section and corresponding page number(s) that
the

information and documentation can be found.
WLS is under no obligation to look for responsive information contained in incorrect tabbed
sections
.


Th
ere is no intent to limit the content of the proposals. Additional information deemed appropriate
by the Vendor may be included, but are required to be plac
ed within the relevant section.
A
Vendor

making the statement “Refer to our literature…” or “Please
see www…….com” may be
deemed nonresponsive or receive point deductions.

Additional tabs beyond those designated in
this

section will not be evaluated.


The tabbed sections must be sequenced
in the following manner:


TAB 1


VENDOR INFORMATION


The
Vendor

must complete and return, under Tab 1, the following documents:



Appendix A
:
Proposal Signature Page

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Exhibit A
:

Vendor Contract Information



Exhibit B
:
Additional Resellers

Note: If
Vendor

is a sole source provider, include a sole source letter in your respo
nse.


TAB 2


PRODUCT FEATURES


The
Vendor

must complete and return, under Tab 2, the following documents:



Appendix
B
: Specifications

Checklist



Appendix
B
: Solution Narrative

Note:
Scoring on this tab will include results from a demonstration, if needed.


TAB 3


PRICING PROPOSAL


The
Vendor

must complete and return, under Tab 3, the following documents
as detailed in
Appendix
C
:



Exhibit C
:
Pricing



Appendix
C
: Pricing Narrative


TAB 4


VENDOR

QUALIFICATIONS


The WLS may make such investigations as deemed n
ecessary to determine the ability of the
Vendor

to provide the product and/or perform the services specified. The WLS reserves the right
to reject any proposal if the evidence submitted by, or investigation of, the
Vendor

fails to satisfy
the WLS that the
Vendor

is properly qualified to carry out the obligations of the contract.


The
Vendor

must provide, under Tab 4, the following
information, as detailed in
Appendix
D
:



Company profile and experience



Contract implementation



Authorization letter


TAB 5


WL
S PROMOTIONAL MATERIAL


The Vendor must complete and return, under Tab 5, the following
information

as detailed in
Appendix
E
:



Website information



Graphics


TAB
6



REFERENCES


The
Vendor

must provide, under Tab
6
,
a minimum of
three (3)

references
as deta
iled in
Appendix
F
.


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SECTION

5
:
REVIEW AND EVALUATIO
N PROCESS


RECEIPT OF PROPOSALS AND PUBLIC INSPECTION


Official Proposal Opening
.

All proposals received will be publicly opened by WLS or its
authorized representative at WLS’s principle place of busin
ess, 800 Oakesdale Ave. SW •
Renton, WA 98057. A
Vendor

may modify or withdraw its proposal by written or email request,
provided that the request is received by WLS prior to the response opening. Following withdrawal
of its response, a
Vendor

may submit a

new proposal, provided that such new proposal is
received by WLS prior to the response opening. Proposals cannot be withdrawn for a period of
sixty (60) days after the official opening of the responses.


Proprietary Information/Public Disclosure
.

Proposal
s and any accompanying documentation
submitted in response to this competitive procurement shall become the property of the WLS.


All proposals received shall remain confidential until the contract, if any, resulting from this RFP is
signed by the Superint
endent of the Puget Sound Educational Service District and the apparent
successful
Vendor
; thereafter, the proposals shall be deemed public records as defined in RCW
42.56.


Any information in the proposal that the
Vendor

desires to claim as proprietary an
d exempt from
disclosure under the provisions of RCW 42.56 must be clearly designated. The page must be
identified and the particular exception from disclosure upon which the
Vendor

is making the claim.
Each page claimed to be exempt from disclosure must b
e identified by the word “Confidential”
printed on the lower right hand corner of the page.


The WLS will consider a
Vendor
’s request for exemption from disclosure; however, the WLS will
make a decision predicated upon RCW 42.56.
Marking the cost or price
section or the entire
proposal exempt from disclosure will not be honored
. The
Vendor

must be reasonable in
designating information as confidential. If any information is marked as proprietary in the proposal,
such information will not be made available un
til the affected
Vendor

has been given an
opportunity to seek a court injunction against the requested disclosure.


RFP Coordinator Review of Proposals
.

Upon opening the proposals received in response to
this RFP, the RFP Coordinator in charge of the solic
itation will review the proposals

providing the
following conditions have been met:


Confidential information is clearly marked and separated from the rest of the proposal.

The proposal does not contain confidential material in the cost or price section.


Information separated out under this process will be available for review only by the RFP
Coordinator, the evaluator/evaluation committee members, and limited other designees.
Vendor
s
must be prepared to pay all legal costs and fees associated with defendi
ng a claim for
confidentiality in the event of a public records request from another party.


EVALUATION PROCEDURE


Selection and award will be based on the
Vendor
’s proposal and other items outlined in this RFP.
Submitted responses may not include referenc
es to information located elsewhere, such as
Internet websites or libraries, unless specifically requested. Information or materials presented by
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Vendor
s outside the formal response, unless requested, will not be considered, will have no
bearing on any awa
rd, and may result in the
Vendor

being disqualified from further consideration.


Scoring
.

For the purpose of evaluation, scoring and ranking, proposals have been divided into
the categories below. The following reflects the maximum number of points that ma
y be awarded
by category:


Scoring Criteria

Tab 1

Vendor Information

Pass/Fail

Tab 2

Specifications

Checklist

Pass/Fail

Tab 2

Solution
Narrative

40

Tab 3

Pricing Proposal

40

Tab
4

Vendor

Qualifications

1
0

Tab 5

WLS Promotional Material

Pass/Fail

Tab

6

References

1
0


Total Points
:



Phase
1
: Initial Determination of Responsiveness
.
Responses will be reviewed initially to
determine on a pass/fail basis compliance with administrative requirements as specified herein.


Responses meeting the Initial De
termination of Responsiveness will then be reviewed on a
pass/fail basis to determine if the Response meets the Mandatory
Specifications
. Only Responses
meeting all Mandatory
Specifications

will be further evaluated.


WLS reserves the right to determine at

its sole discretion whether Vendor’s Response to a
mandatory requirement is sufficient to pass. If, however, all responses fail to
meet any single
mandatory item, WLS will cancel the RFP and reject all Responses.


Phase
2
:
Review of Responsibility Require
ments.

An evaluator/evaluation committee will
evaluate the remaining proposals to determine whether the
Vendor

is responsible
.

Proposals will
be evaluated based on the following criteria:



Compliance with stated requirements and provisions of the RFP



Cost
considerations
as required in the RFP, such as
all platform software and professional
services necessary to fulfill minimum mandatory
s
pecifications
, installation, im
plementation,
user licensing
, and training



Respondent references



Extent of
Vendor’s

experi
ence
in providing service or product to school districts



Demonstration, if needed



Vendor’s

financial viability



Value added offerings to further enhance the partnership


Phase
3
:
Notification of Finalists
. Finalists will be declared and notified
. During thi
s phase, any
of the following activities will occur:



Seek clarification on
Vendor proposals



S
eek discussion/negotiation or a
B
est and
F
inal
O
ffer in order to award a contract
.
The Best
and Final
Offer option

permits the WLS to request a best and final offe
r from one or more of
the responsible
Vendor
s. The proposal information of other
Vendor
s is confidential until award
and will not b
e revealed during negotiations.



Request

an oral presentation and/or product demonstration to clarify
or further define the
RF
P
response


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Phase 4:
Notification of
Contract Award
.



The evaluator/evaluation committee will provide a written recommendation for contract award to the
RFP Coordinator that contains the scores, justification,
and rationale for the decision.



The RFP Coordin
ator will review the recommendation to ensure its compliance with the RFP
process and criteria before concurring in the evaluator's/evaluation committee’s recommendation
.



The
WLS Advisory
Committee

will vote to accept the contract
.



The contract awardee(s)
will be notified
.


WLS’s Rights Reserved
. While the WLS has every intention to award
one or more contracts

as a
result of this RFP, issuance of the RFP in no way constitutes a commitment by the WLS to award
and execute a contract. Upon a determination such

actions would be in its best interest, the WLS,
in its sole discretion, reserves the right to:



cancel or terminate this RFP



reject any or all proposals received in response to this RFP



waive any undesirable, inconsequential, or inconsistent provisions of
this RFP which would not
have significant impact on any proposal



not award if it is in the best interest of the WLS not to proceed with contract execution


Protest Procedures.
Vendor
s may file a letter of protest against the award. The protest must be
file
d with
Nola Oldenburg
, RFP Coordinator, Washington Learning Source, by email at
noldenburg@psesd.org
, or by U.S. mail to W
ashington Learning Source, Puget Sound ESD, 800
Oakesdale Avenue SW, Renton, WA 98057, within seven (7) calendar days from the date of
award notification. The protest must include a full and complete written statement specifying the
grounds of protest and
must be based on the process and/or procedures used in the review and
recommendation of Proposals for awards. The WLS Director shall review all the information
submitted with regard to the protest and render a decision regarding the protest within thirty (
30)
calendar days.



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SECTION 6:
SCOPE OF WORK


POST
-
AWARD CONFERENCE


Within sixty (60) days of award notification, principals on awarded contract shall meet in person or
via phone with WLS personnel to finalize contract details, review marketing efforts
, and discuss
contract administration.


CONTRACT EXECUTION


A formal contract utilizing the
Standard

Contract
shown in Section
7 and incorporating the
Standard Terms and Conditions

in Section 8

will be
drawn up.
Upon
the Vendor’s
acceptance of
contract ter
ms, the following procedure will be followed:



Final contract will be forwarded for signature by the authorizing Superintendent for WLS



Two original copies of the signed contract will be sent to the
Vendor



Vendor

will sign both contracts; send one back to t
he WLS along with th
e required insurance
documents.



No work may begin until a contract signed by all parties is in place and all insurance documents are
received by WLS.


ASSIGNED RESELLERS


The assigned resellers or agents identified in the Awarded Vendor
’s response have entered into
an agreement with the Awarded Vendor which obligates the reseller or agent to comply with all
the provisions of the WLS Contract when the reseller or agent is engaged in work that is
associated under the WLS Contract. OEMs wil
l list assigned
resellers in Exhibit B: Additional
Resellers.


ADDITIONAL RESELLERS


OEMs may request in writing to add or remove resellers during the length of the contract by
submitting
Exhibit
B:

Additional Resellers.

New resellers will be responsible f
or scheduling a
conference with the WLS in order to establish a presence on the WLS website and begin
marketing.


PRICE AND PRODUCT UP
DATES


A price increase will not be accepted during the award period or
during
the renewal period, unless
stipulated

in th
e contract. However, WLS will always take advantage of price decreases. U
pon
optional annual contract renewals, the awarded vendor may request price increases from the
WLS. Such requests shall require a justification in writing.


Throughout the entire cont
ract term, price reductions are required if the OEM reduces the
reseller’s base price.

New products and services may be added to this contract upon WLS
approval and submission of
an
accompanying spreadsheet (Exhibit C: Prices).
All pricing must, at
a minim
um, reflect the same percentage discounts or better as established with this

contract
award.

Awarded vendors must provide on the first of each cal
endar quarter price decreases,
new
products, discontinued items, and any other changes or additions, submitted

Exhibit C: Prices

spreadsheet in order to ensure accurate WLS advertised prices.



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VOLUME PURCHASES


For purchases in a single transaction that will exceed $
10
0,000, an Awarded Vendor may submit
a written request seeking a reduction in the Administrative
Fee. The request shall identify the
amount of the reduction that is being sought and the reasons the Awarded Vendor believes the
reduction is warranted. Upon receipt and approval of a request for a reduction, all Awarded
Vendors of in the product category
identified in the request will be notified. The reduced
Administrative Fee shall be applied uniformly to any Awarded Vendor that wants to sell products
in that product category to the Subscriber for that single transaction. Awarded Vendors that are
applyin
g the reduced Administrative Fee shall not disclose or inform interested Subscribers that
the price the Awarded Vendor is quoting is based on a reduction of the Administrative Fee.


MARKETING REQUIREMEN
TS


WLS shall promote Vendors’ products on the

WLS web
site

according to the description in the RFP
Overview section of this document. The awarded Vendor(s) agrees, however, that the WLS is not
guaranteeing any sales to eligible Subscribers. Awarded Vendors shall market their WLS products to
generate sales and

shall create and send out marketing materials to the eligible Subscribers that promote
their products through the WLS contract. These materials include, but are not limited to printed materials,
such as flyers and brochures, and electronic materials, such

as email blasts and electronic postcards. By
submitting a proposal, the Vendor is agreeing to participate fully in all marketing activities described below
:


WLS Web Site
. Awarded Vendors are to provide the WLS with the following promotion information to
establish their presence on the WLS web site:



Ordering instructions for Subscribers to follow when submitting purchase orders. These instructions
shall include the company name, ordering address, contact person, phone number, fax number,
email address, tra
cking information, return policy, and other pertinent ordering information.

(Include
in
TAB 5
.)



Pricing information to be included in the shopping cart feature of the WLS website.



Web content text including p
roduct description and benefits (Include in
TAB
5
.)



Manufacturer and vendor logos in high and low resolution for use in WLS marketing materials and
web site.

(Include in
TAB 5
.)


Awarded Vendors may or may not choose to create a dedicated web page promoting the WLS contract on
their own site. This page
shall include only products that are on the contract and will include a link to WLS’s
website, purchasing information, product information, and WLS contract number.


Marketing Brochures, Flyers, and Catalogs
. Awarded Vendors


marketing materials that adver
tise
products on the WLS will include the WLS logo and are subject to review by the WLS office.


Participation at WLS Events and Activities
. Awarded Vendors will make a reasonable effort to participate
in events that are considered marketing opportunities.

These include but are not limited to the following:



NCCE (Northwest Council for Computers in Education) vendor booth



WLS and ESD
-
sponsored showcases and one
-
day events



ESD Tech Forum demonstrations and sponsorships


Contribution to WLS Update and Monthly
Newsletter
.
You will be requested to submit short updates and
longer articles to be included in communications to school districts.


Webinar presentations
.

Vendors should be available to give demonstrations via webinar. The WLS has a
GoToMeeting license th
at can be used, or the Vendor may use his/her own
online
collaboration software.


Specials and Promotions
.
Awarded
Vendors

may submit specials and promotions for the WLS web site.
All specials and promotions must be approved by the WLS before being publish
ed and distributed. Items
that are included in the promotion must be on the current WLS contract.

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LOCAL, PERSONAL ASSI
STANCE


Awarded Vendors shall provide local, personal assistance and support to Subscribers, where “local” and
“personal” means that the

pre
-

and post
-
sale support and assistance shall be provided on
-
site or face
-
to
-
face and exhibits customer service of high quality. This assistance includes:



Contact Subscribers on a regular basis



Meeting with Subscribers when requested



Provide in
-
person o
r on
-
site demonstrations



Assist Subscribers with product evaluation and selection



Provide training when requested


QUARTERLY REPORTS AN
D ADMINISTRATIVE FEE
S


Awarded Vendors shall track WLS purchases made by individual Subscribers.
Vendors will remit quart
erly
to WLS a Contract Administrative Fee of
three (3) percent

for all sales realized or generated under or as a
consequence of this WLS contract.
As the administrator of the contract, the awarded Vendor must include
the following data for each sale or pur
chase through this contract:



Invoice date



Name of Subscriber (school, district, or organization)



ESD name where Subscriber resides



Invoice number



Names and quantities of products purchased through each transaction



Single unit purchase price



Total purchase
price



Amount of administrative fee

During the term of this contract, the awarded Vendor will submit quarterly accounting and remit
administrative fee payments to WLS within 30 days following the end of each calendar quarter
using Exhibit
D: Admin Fees Repo
rting. The report will be sent electronically in Excel format.


MANDATORY INSURANCE
REQUIREMENT


The Vendor shall procure and maintain for the duration of the Contract, insurance against claims for injuries
to persons or damage to property which may arise
from or in connection with the performance of this
contract by Vendor, their agents, representatives, employees or subcontractors. The vendor shall submit a
Certificate of Insurance within twenty (20) business days of the Contract award evidencing: Commerc
ial
General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined
single limit per occurrence for personal injury, bodily injury and property damage. Coverage shall include
but not be limited to: blanket contractua
l; products/completed operations; broad form property damage;
explosion, collapse and underground (XCU) if applicable; and employer's liability.


The WLS shall be named as an additional insured on the Commercial General Liability insurance
policy, as respe
cts activities of Vendor and a copy of the endorsement naming The WLS as
additional insured shall be attached to the Certificate of Insurance. The WLS reserves the right to
receive a certified copy of all required insurance policies.


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SECTION 7: STANDARD

CONTRACT


WASHINGTON LEARNING SOURCE

Vendor
Agreement


1.

P
ARTIES


{Vendor}

>ADDRESS 1

>ADDRESS 2

>CITY, STATE, ZIP


WASHINGTON LEARNING SOURCE

Puget Sound ESD

800 Oakesdale Avenue SW

Renton, WA 98057


The parties agree to the following:


2.

P
URPOSE


Through th
is Agreement, {Vendor}

offers the Washington Learning Source (WLS) the opportunity
to participate in the {Vendor}

licensing program. {Vendor}

will allow the Washington ESDs’
Subscribers to license {Vendor} {Product}

at special volume levels.


3.

I
NCORPORATION

OF
D
OCUMENTS


The following documents are hereby incorporated by reference into this Contract:




Vendor Contact Information



Additional Resellers



Products and Contract Pricing



WLS Quarterly Reporting Template



WLS Standard Terms and Conditions


4.

D
EFINITIO
NS


4.1


Administrative Fee
” means the fee applicable to each Product for administrative
services provided by WLS or Subscriber’s educational school district, which fee is set by
schedules or other notices that WLS provides to the
{Vendor}

from time to time wi
th
respect to the Products.

Administrative fee will be applied to all product or subscription
prices, renewals, and maintenance fees.


4.2


Product
” means any product or service that is available to be sold, licensed, or otherwise
provided pursuant to the
{Ven
dor}

contract.


4.3


Subscriber
” means any ESD office, public and private K
-
12 school and school district,
Washington educator, the Office of State Superintendent of Public Instruction, or other
accredited educational institution, as listed in the Washington E
ducation Directory, that
has entered into a contract with WLS, pursuant to which WLS authorizes such agency or
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entity to purchase or acquire access to products and/or services sold, licensed, or
otherwise provided by Vendors of goods and/or services under
one or more contracts
WLS has entered into with such Vendors.“Subscriber” does not include any such agency’s
and entity’s operations outside the State of Washington.
“Vendor”

means the party with
whom the WLS
is

contracting to fulfill orders for
this contra
ct.


4.4

“FTE”
refers to a “Full
-
Time Equivalent” K
-
12 student as defined in WAC 392
-
121
-
122.


4.5

“Head Count”

refers to all students regardless if they attend classes full
-
time in a high
school building or attend work based learning programs “off site” or are en
rolled in
Running Start

or
Virtual Academies
.


4.6

“Optional Use”

means that Washington State school districts that are members of the
WLS may choose or not choose to use any vendors listed on the WLS site. The benefit for
the Vendors is that their products an
d/or services will be listed on the Washington
Learning Source website, a recognized purchasing cooperative that affords promotional
benefits. For more information, visit WLS website at
http://www.walearnings
ource.org/


4.7


Calendar of Events
” means the list of critical dates and actions included in competitive
solicitations.


5.

A
DDITIONAL
A
ND
A
MENDED
T
ERMS
A
ND
C
ONDITIONS


The following terms and conditions hereby take precedence over any contrary provisions in th
e
documents referenced in Section 2 and 3. Unless otherwise notated below, the following terms
and conditions are in addition to WLS Standard Terms and Conditions.


1)

Term
: Each party represents that this Agreement has been executed by their duly
authorized
representatives. It will become effective on the date signed by all parties, and
will continue for a period of {Timeframe}. All times set forth in this Contract shall be based
upon the time in Renton, Washington.


2)

Renewal
: At the discretion of WLS, this Co
ntract may be renewed in writing for {If
applicable, Renewal Length} subsequent one
-
year periods by mutual agreement of the
parties.


3)

Price and Products
:
Under this Contract, Subscribers will qualify for purchas
es through
the Vendor at or below t
he prices
listed.
All prices shall remain firm (no changes that
increase prices) from the date the contract is awarded until the contract
end

date
.



Upon optional annual contract renewals,
the awarded vendor may request price
increases from the WLS. Such requests sha
ll require a justification in writing.



Throughout the entire contract term, price reductions are required if the OEM reduces
the reseller’s base price.



New products and services may be added to this contract upon WLS approval and
submission of
an accompany
ing spreadsheet
.
All pricing must, at a minimum, reflect
the same percentage discounts or better as establ
ished with this contract award.



Awarded vendors must provide on the first of each calendar
quarter price decreases,

new products,
discontinued items
,

and any other changes or ad
ditions

in order to
ensure accurate WLS advertised prices.




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4)

Marketing


WLS Responsibilities:

a.

WLS will work with
{Vendor}

to develop and maintain a web page on the WLS web site to
summarize the terms of the agreement and to pre
pare pricing information for the shopping
cart feature of the WLS web page.

b.

The WLS will work with ESDs to reference
{Vendor}

and said web page in its
communications to ESD participants so as to inform them of the availability of this
agreement

c.

The WLS wil
l work with ESDs to use commercially reasonable efforts to disseminate
information to Subscribers about the Products included in the agreement through email
announcements, direct mail, websites, meetings, and newsletter articles.


Vendor Responsibilities:

a.

{Vendor}

will provide the WLS with information to be used for marketing purposes, such as
logos and copy.

b.

{Vendor}

will use the WLS logo on all of its materials that market products on this contract.

c.

{Vendor}

may sponsor and participate in events such as r
egional conferences,
tradeshows, webinars, and showcases as appropriate.

d.


{Vendor}

may co
-
host rollout events for Subscribers, such as lunch
-
and
-
learns and
demonstrations.


WLS’s Marketing Manager:

{Vendor}’s Marketing Manager:


5)

WLS Membership:

Pursuant t
o RCW 39.34, an intergovernmental (Interlocal) purchasing

agreement forms the basis for WLS membership
. All public K
-
12 educational institutions
and associations published in the Washington State Education Directory are eligible
to
become WLS members and p
urchase from this optional use contract
.

Interlocal
purchasing contracts allow either party to make purchases at the other party's accepted
proposal price. A list of current WLS members is posted on the Washington Learning
Source website at
http://walearningsource.3dcartstores.com/WLS
-
Members_ep_44
-
1.html
. {Vendor} will consult this list of members to determine customer eligibility.


6)

WLS Administrative Fee:
All WLS sales realize
d or generated under or as a
consequence of the WLS awarded contract shall include an Administrative Fee of
{
percent
age}
. Purchasers shall reference the
WLS c
ontract number on their purchase
orders at the time of purchase.
As the

administrator of the contr
act, {Vendor} must include
the following data for each
net
sale or purchase through this contract:



Invoice date



Name of subscriber (school, district, or organization)



ESD name where subscriber resides



Invoice number



Names and quantities of products purchas
ed through each transaction



Single unit purchase price



Total purchase price



Amount of administrative fee


7)

Administrative Fee Payments
:
During the term of this contract, {Vendor} will submit
quarterly accounting and remit administrative fee payments to WLS
within 30 days
following the end of each calendar quarter
in accordance with the terms outlined in the
following payment schedule. The administrative fees percentage shall not increase during
the life of the contract.

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8)

Order Processing:
Orders will be proc
essed in the following manner:

a.

Subscribers will use the WLS shopping cart feature to order products.

b.

Purchase orders from subscribers will be submitted to {Vendor} for fulfillment.

c.

Purchase orders from the Subscribers must be in writing and made out to {Ve
ndor}.
Each order must reference the appropriate ESD# and the contact/school
name/address/telephone/email or fax of the end user responsible for holding the
license.

d.

{Vendor} will invoice the subscriber and collect their payments. Shipping charges and
Wash
ington State sales tax will be added to the invoice, if applicable. Shipping
charges shall be FOB Destination.

OR

a.

Purchase orders from subscribers will be submitted to WLS for fulfillment.

b.

WLS will issue purchase order to {Vendor}. {Vendor} will invoice WL
S.

c.

WLS will invoice subscribers and collect payments. Shipping charges and Washington
State sales tax will be added to the invoice, if applicable.


These procedures may be modified as needed, and any such changes will be mutually
agreed to in writing by {
Vendor} and WLS.


{Vendor}’s Sales Representative

Contact Information
:


9)

Contract Administration:

Each party will designate a Contract Manager during the term
of this Contract whose responsibility shall be to oversee the party’s performance of its
duties an
d obligations pursuant to the terms of the Contract. As of the Effective Date,
WLS’s and {Vendor}’s Contract Managers are as follows:


WLS’s Contract Manager:

{Vendor}’s Contract Manager:


10)

Monitoring
: {Vendor} shall continuously monitor and record its Ser
vices to make sure they
meet or exceed all contractual provisions and Service Level Requirements. WLS shall
have the right to examine {Vendor}’s records associated with purchases in order to ensure
compliance with all requirements this Optional Use contrac
t. {Vendor}’s failure to meet or
exceed these Service Standards may result in corrective action or termination.



11)

Incorporation of General Terms and Conditions:
This agreement includes and
incorporates as if fully set forth herein the
Standard Terms and C
onditions
.

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SECTION 8: STANDARD
TERMS AND CONDITIONS


The submission of a Proposal is an offer to enter into a Contract that, upon acceptance by WLS,
obligates the Vendor (and their authorized agents) to comply with the Terms and Conditions set
forth belo
w, and all the requirements in the RFP documents. If there is an inconsistency with a
requirement or special condition in the RFP documents, the Terms and Conditions shall govern.


Upon acceptance of an award, the Vendor agrees to the following:


1.

Complianc
e
.
By submitting a Proposal, the Vendor agrees to comply with WLS Contract
terms, including offering the Proposal products for the WLS Contract price when it sells its
products to the eligible Subscribers until the expiration of the Contract.


2.

Contract Exe
cution.

The Contract is considered fully executed at the time that the WLS
Superintendent signs and the Vendor signs.


3.

Resellers, Distributors and Agents
.
The resellers, distributors or agents identified in the
Awarded Vendor’s Proposal that will be perfor
ming obligations that are required under the
WLS Contract on behalf of the Awarded Vendor, have been provided a copy of the WLS RFP
documents and the Awarded Vendor’s Proposal, and they are familiar with the WLS Contract
requirements.


The
resellers, distr
ibutors and agents identified in the Awarded Vendor’s Proposal
have
entered into an
agreement with the Vendor which obligates the resellers, distributors and
agents to comply with all the provisions associated with the WLS Contract
when they are
engaged in

work that is associated with the WLS Contract.


The
Awarded Vendor assumes full responsibility for ensuring that its resellers, distributors and
agents are in full compliance with the WLS Contract provisions
. The Awarded Vendor
understands and agrees that

it will be subject to the remedies that are imposed for violations
of the WLS Contract provisions, including violations that are committed by the Awarded
Vendor’s resellers, distributors and agents. The Awarded Vendor is responsible for its
resellers, dis
tributors and agents’ performance of obligations in the WLS Contract and is
obligated to monitor its resellers, distributors, and agents.


4.

Pricing
. WLS reserves the right to review at any time the pricing of this agreement.

If pricing
is found to not be th
e lowest possible price for WLS Members, any agreement from this RFP
process may be immediately suspended,
put out to RFP
, or pricing immediately adjusted to
affirm this requirement.


5.

Assignment
. Neither this Agreement nor any interest therein may be assig
ned by either party
without the prior written consent of the other party.


6.

Indemnification

/ Hold Harmless
. Vendor shall defend, indemnify and hold the WLS, its
officers, officials, employees and volunteers harmless from any and all claims, injuries,
damag
es, losses or suits including attorney fees, arising out of or in connection with Vendor’s
performance of this contract, except for injuries and damages caused by the sole negligence
of the WLS.


7.

Insurance
. The Vendor shall procure and maintain for the dur
ation of the Contract, insurance
against claims for injuries to persons or damage to property which may arise from or in
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connection with the performance of this contract by Vendor, their agents, representatives,
employees or subcontractors.


Vendor shall p
rovide a Certificate of Insurance evidencing:


Commercial General Liability insurance written on an occurrence basis with limits no less than
$2,000,000 combined single limit per occurrence for personal injury, bodily injury and property
damage. Coverage s
hall include but not be limited to: blanket contractual; products/completed
operations; broad form property damage; explosion, collapse and underground (XCU) if
applicable; and employer's liability.


The WLS shall be named as an additional insured on the C
ommercial General Liability
insurance policy, as respects activities of Vendor and a copy of the endorsement naming The
WLS as additional insured shall be attached to the Certificate of Insurance. The WLS reserves
the right to receive a certified copy of a
ll required insurance policies.


The WLS shall be given thirty (30) days prior written notice of any cancellation, suspension or
material change in coverage.


8.

Non
-
Exclusive Relationship
.
The Contract is not exclusive as to the products or goods or
services

similar to the products. Nothing in the contract prohibits WLS from entering into
contracts with other Vendors or suppliers for the provision of the products or goods or services
similar to the products in this contract.


9.

Compliance with
FERPA
.
Vendor

wil
l comply with the Family Educational Rights and Privacy
Act (20 U.S.C. § 1232g) and its associated implementing regulations with respect to any
information received by Vendor from WLS or any Subscriber. For the avoidance of doubt, this
section does not cre
ate any obligations for Vendor with respect to information that is not in
Vendor’s possession or control.


10.

Prohibited Employees
.
Vendor will prohibit any employee of Vendor from working at a
Subscriber school if he or she would have contact with children a
t a Subscriber school during
the course of his or her employment and if he or she has pled guilty to or been convicted of
any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the
physical injury or death of a child under chap
ter 9A.32 or 9A.36 RCW (except motor vehicle
violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A
RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting
prostitution of a minor under chapter 9
A.88 RCW, the sale or purchase of a minor child under
RCW 9A.64.030, or violation of similar laws of another jurisdiction.


11.

Limitations on Confidentiality
.
Vendor agrees that WLS may disclose to Subscribers the
prices, payment terms, and delivery terms pro
vided in this contract for the products, and such
other terms of this contract that Vendor wishes to make available to Subscribers (through
WLS). The Vendor acknowledges and agrees that WLS’ obligation to comply with any
confidentiality provisions under th
is contract is subject to and limited by applicable law,
including the Washington Public Records Act (chapter 42.56 RCW).


12.

Applicable Law; Jurisdiction
.
This contract will be governed by and construed in
accordance with the laws of the State of Washington.

Any dispute arising under, in connection
with, or incident to this contract will be resolved exclusively in the state or federal courts
located in King County, Washington.


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13.

Termination
.
WLS may terminate this contract for convenience at any time after the

first
anniversary of this contract Effective Date upon 30 days prior written notice to Vendor. WLS
may terminate this contract immediately upon notice for any failure by Vendor to comply with
the terms of Section 10
. Either party may terminate this contra
ct immediately upon written
notice at any time if the other party is in material breach of any material term of this contract
and has failed to cure that breach within 30 days after written notice.


14.

Licensed to do Business in Washington
.
Vendor must be lic
ensed to do business in the
State of Washington. Upon award of contract, Vendor will provide WLS with Vendor’s
Washington State Department of Revenue Tax Registration Number.


15.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu
sion
.
Vendor certifies that neither it nor its principals are presently debarred, declared ineligible, or
voluntarily excluded from participation in transactions by any federal department or agency.

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SECTION 9:
GLOSSARY OF TERMS


Administrative Fee


The
fee applicable to each Product for administrative services provided
by WLS and the ESDs.
Administrative fee will be applied to all product
or subscription prices, renewals, and maintenance fees.

It is expressed
as a percent and is payable by the Vendor to
the WLS.


Award

The acceptance of
a proposal

and creation of a contract with a Vendor.


Calendar of Events

The list of critical dates and actions included in competitive solicitations.


ESD

Educational Service District.
Regional
educational

agency serving

local
school
districts

and state
-
approved private schools with administrative
support.


FTE

“Full
-
Time Equivalent” K
-
12 student as defined in WAC 392
-
121
-
122.


Head Count

All students regardless if they attend classes full
-
time in a high school
building
or attend work based learning programs “off site” or are
enrolled in
Running Start

or
Virtual Academies
.


Interlocal Agreement

An agreement between two or more public agencies that is entered into
in accordance with state laws that applies to the public ag
encies.


OEM

Original Equipment Manufacturer


Optional Use

Washington State school districts that are members of the WLS may
choose or not choose to use any vendors listed on the WLS site. The
benefit for the Vendors is that their products and/or services
will be
listed on the Washington Learning Source website, a recognized
purchasing cooperative that affords promotional benefits. For more
information, visit WLS website at
http://www.walearningsource.org/


Pro
duct


Any product or service that is available to be sold, licensed, or
otherwise provided pursuant to the the Vendor contract.


PSESD

Puget Sound Educational Service District


Quarterly Report

A document that a Vendor submits to the WLS that includes data

about
products purchased through the WLS Contract during the previous
quarter. The report is in MS Excel format, and includes the data
described in the Scope of Work section of the RFP.


Subscriber

Any ESD office, public and private K
-
12 school and school

district,
Washington educator, the Office of State Superintendent of Public
Instruction, or other accredited educational institution, as listed in the
Washington Education Directory, that has entered into a contract with
WLS, pursuant to which WLS authori
zes such agency or entity to
purchase or acquire access to products and/or services sold, licensed,
or otherwise provided by Vendors of goods and/or services under one
or more contracts WLS has entered into with such Vendors.“Subscriber”
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does not include a
ny such agency’s and entity’s operations outside the
State of Washington.


Vendor

The party with whom the WLS will be contracting to fulfill orders for the
contract that results from this RFP.


WLS

The abbreviation for Washington Learning Source located at

Puget
Sound ESD, 800 Oakesdale Avenue SW, Renton, WA 98057.


WLS Contract

The agreement that exists when WLS accepts the Proposal and awards
the contract for the Product(s).



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APPENDIX A:
PROPOSAL SIGNATURE P
AGE


The

undersigned make
s

the following cert
ifications and assurances as a required element of the
Response, to which it is attached, affirming the truthfulness of the facts declared here and
acknowledging that the continuing compliance with these statements and all requirements of the
RFP are condi
tions precedent to the award or continuation of the resulting Contract.


The undersigned

acknowledge
s

his/her

authority to submit this proposal on behalf of the firm
listed below and bind it to comply with these specifications, terms and conditions if any
contract is
awarded through this RFP process.


The undersigned

certifies

conformance to applicable Federal Acts, Executive Orders, Washington
Revised Statutes, Washington Administrative Rules, and Washington Regulations concerning
public contracts
;

that th
is proposal is made without connection with any person, firm or
corporation making a proposal for the same goods or services
;

and is in all respects fair and
without collusion or fraud.


The undersigned

certif
ies

that neither
we

nor
our

principals are pres
ently debarred, declared
ineligible, or voluntarily excluded from participation in transactions by any federal department or
agency.


The undersigned certifies the pricing provided in this Proposal is the lowest available pricing from
his/her firm to WLS m
embers.



Legal name of firm or corporation




Federal Tax Identifier of Vendor





DUNS Number





Washington State UBI Number



This may be procured after receiving a

letter of

Intent to Award




Authorized Representative


Printed Name





Signature






Date Signed




Legal Address


Street



City, State ZIP




Phone Number




Email Address



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APPENDIX
B
:
SPECIFICATIONS

CHECKLIST
S

AND SOLUTION NARRATI
VES


Choose from the following categ
ories of products by placing an

X in one or more category.
For
each of the
categories, complete the
appropriate
Specifications Checklist

indicat
ing

YES or NO
.

If the answer is NO
for any of the
items
,
add

an explanation

below the item
. Then complete the
corresponding

Solution
Narrative
.
Include

both

along with this pa
ge

in
TAB 2


PRODUCT FEATURES
.



Digital Literacy and Online Safety Curriculum



Instructional and Learning Tools



Language Acquisition Software



Learning Management Systems



Library Solutions



Mobile
Learning Applications



Network
Solutions



Online
Professional Development



Special Education & ESL/ELL Web
-
based Application
s



Suppl
emental
and Blended Learning Applications



Video Surveillance
Product
s and Services

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Specifications Checklist


Digital Literacy and Online Safety Curriculum


Indicate

YES or NO

regarding the existing capability of each Required or Desire
d feature.

If the answer is
NO for any of the
items
,
add

an explanation

below the item. Then complete the corresponding
Solution
Narrative
. Include both in
TAB 2


PRODUCT FEATURES
.
Check one or more of the following for which
you will be submitting a prop
osal; then complete eac
h checklist for the category
you are submitting:



Digital Literacy


Online Safety


Product Name



Required Specifications

Existing Capability

Yes

No

Digital Literacy

1.

Instruction for basic tech
nology literacy


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