RFP 2109050 Gym Floors, Repairs, Replacements and Services - October 17, 2022 - DCSD Board Meeting Archive

COMPETITIVE PROCUREMENT SOLICITATION
DOCUMENT

THE INTERLOCAL PURCHASING SYSTEM (TIPS)
A Cooperative Purchasing Program available for membership by Governmental and other eligible entities in all fifty states.

TEXAS REGION 8 EDUCATION SERVICE CENTER (Region 8 ESC)
TIPS Lead Agency

CONTACT INFORMATION:
TIPS/Region 8 ESC
4845 US Hwy. 271 North
Pittsburg, Texas 75686
Toll Free: (866) 839-8477
Email: bids@tips-usa.com
Website: www.tips-usa.com

NOTICE TO PROPOSERS

PROPOSAL DUE DATE:
October 15, 2021 AT 3:00 P.M. LOCAL TIME
ALL PROPOSALS TO BE RECEIVED ELECTRONICALLY, OR OTHERWISE, BY FOREGOING DATE &
TIME.

LOCATION OF SOLICITATION DOCUMENTS:
Solicitation documents are located at http://tips.ionwave.net. If you encounter a problem while accessing the
solicitation, please contact TIPS at the contact information provided above for assistance.

REQUEST FOR PROPOSAL:
This solicitation document is a Request for Proposal as permitted in Texas Education Code § 44.031 for the
category:

RFP 210905 Gym Floors, Repairs, Replacements and Services– PART 1 ONLY
PART 2 is the Job Order Contract Section of this combination solicitation
Notice: Part 2 JOC specifications follow Part 1

The Interlocal Purchasing System (TIPS) Lead Agency –
Region 8 Education Service Center Pittsburg, Texas
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terms, may be inaccurate legal terminology and should be construed to mean the method of competitive procurement
identified directly above with the legal citation.

PIGGYBACKING NOTICE:
THIS IDIQ SOLITICATION IS INTENDED FOR THE USE OF REGION 8 ESC, TIPS, TIPS MEMBER ENTITIES
(MEMBERS), AND FUTURE MEMBERS TO PIGGYBACK UPON AND UTILIZE AS THEIR OWN SOLICITATION
FOR LEGAL PROCUREMENT. SINCE MEMBER ENTITITES PIGGYBACKING ON AN AGREEMENT RESULTING
FROM THIS SOLICITATION MAY DO SO AT THEIR OWN DISCRETION/TIMING, THE SCOPE REQUIREMENTS
OF THE SOLICITATION MAY CHANGE DURING THE LIFE OF THE RESULTING IDIQ AGREEMENTS AND NO
SPECIFIC PURCHASE VOLUME IS GUARANTEED BY TIPS.

General Information
FINANCING OF TIPS

TIPS Vendor Paid Fee
The total cost of the TIPS program, in most cases, is primarily funded through an administration fee paid to
TIPS by the awarded contractors. The fee is based on actual vendor project sales. Vendor will pay the fee on
the amount actually invoiced and paid on TIPS sales by TIPS members. Fees are not assessed to vendors for
shipping cost, required bond cost, or any taxes that may be applicable.

TIPS establishes a fee for each solicitation for proposals that is in the best interest of TIPS and its
members.

The fee schedule for agreements awarded under solicitation is 2%.

Term of Agreement and Renewals
The Agreement with TIPS is for approximately three (3) years with an option for renewal for an
additional one (1) consecutive year. If TIPS offers the renewal extension year, the Vendor will be
notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the
Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term. TIPS may or
may not exercise the available extension(s) provided in the original solicitation beyond the base three-
year term. Whether or not to offer the extension is at the sole discretion of TIPS.

“Start Date” for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for
Agreement “term” calculation purposes only, the Agreement “start date” is the last day of the month that Award
Notifications are anticipated as published in the Solicitation
Example: If the anticipated award date published in the Solicitation is May 22, 2020 but extended negotiations
delay award until June 27, 2020 The end date of the resulting initial “three-year” term Agreement, (which is
subject to an extension(s)) will still be May 31, 2023.

“Termination Date”: The scheduled Agreement “termination date” shall be the last day of the month of the
month of the Original Solicitation’s Anticipated Award Date plus three years.

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Region 8 Education Service Center Pittsburg, Texas
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Example: If the original term is approximately three years, and the solicitation provides an anticipated award
date of May 22, 2020, the expiration date of the original three-year term shall be May 31, 2023.

Extensions: Any extensions of the original term shall begin on the next day after the day the original
term expires.

Example Following the Previous Example: If TIPS offers a one-year extension, the expiration of the
extended term shall be May 31, 2024.

TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits.

THIS CLAUSE CONTROLS OVER ANY OTHER TERM IN ANY OTHER PART OF THIS SOLICITATION. TIPS
reserves the right to solicit proposals at any time it is in the best interest of TIPS and/or its members.

VALUE OF THE CONTRACT
The estimated value for the life of the of the contract for all awarded vendors combined is $1,987,627.47.
This estimate is not a guarantee of the minimum or maximum value of the contract because TIPS cannot
accurately predict the future needs of our member entities, their budget allocations, or the ongoing
needs as they relate to this solicitation.

Termination
TIPS or the awarded vendor may terminate an award under this solicitation at will for cause or
no cause or for convenience. TIPS must provide the vendor with 30 days prior written notice to
the awarded vendor at the address provided in the response or as otherwise provided. The
Awarded vendor shall provide TIPS with 90 days prior written notice of termination in order to
protect the interests of the TIPS member that may be in negotiation or budget approval process.

Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole
discretion and that any Vendor may be removed from the participation in the Program at any time
with or without cause. Nothing in the Agreement or in any other communication between TIPS and
the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at
any time. TIPS reserves the right to request additional proposals for items or services already on
Agreement at any time.

Vendor Questions
Questions about the specific SOLICITATION shall be submitted to bids@tips-usa.com with the following
in the subject line: “210905 Gym Floors, Repairs, Replacements and Services – Proposing Vendor
Question”. Questions of a ministerial nature will be answered without an addendum, but questions of
a substantive nature that are not addressed in the SOLICITATION or deemed relevant to the process by
TIPS will be addressed by properly posted addendum.

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Region 8 Education Service Center Pittsburg, Texas
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SUBSTANTIVE QUESTIONS WILL BE RECEIVED UNTIL November 11, 2021 AT NOON Local Time.
Pre-Bid Meeting (Not Mandatory)
A Pre-Bid Meeting may be requested by any proposer, if you wish to request a Pre-Bid Meeting, please
email bids@tips-usa.com by Noon, September 16 , 2021.
If requested, a Pre-Bid meeting will be scheduled if agreed by TIPS, an addendum posted and a
notification will be sent by the electronic bidding system to all known interested parties.
*If Requested, TIPS reserves the right to determine if a Pre-Bid Meeting is held.*

ANTICIPATED SCHEDULE OF AWARD OR RELATED EVENT:
These anticipated dates may change due to number of responses and staff workloads or extension of
time for the due date.

Posting Date September 2, 2021 8:00 A.M. Local Time

Proposal Deadline October 15, 2021 3:00 P.M. Local Time

Proposal Opening October 15, 2021 3:00 P.M. Local Time

Proposal Review Begins October 15, 2021 3:01 P.M. Local Time

Proposals Award November 19, 2021 8:30 A.M. Local Time

Award Notifications November 19, 2021 12:00 P.M. Local Time

Negotiating deviations to terms and conditions is very time consuming, so Vendors with deviations are
evaluated last, so TIPS does not delay awards to vendors that do not submit deviations.

TIPS agreements are available for use by all schools, colleges, universities, cities, counties and other
government entities in all fifty states if permitted by the jurisdictions of the governmental entities.

Pricing Models
Pricing for Line Items or Catalog

It is the intention of TIPS to establish an agreement to furnish and/or deliver all goods and services provided
by awarded vendors to its members. Proposers are requested to submit a proposal for offering their complete
and total line of available products and services to governmental entities, including school districts.

If a name brand is mentioned in the specifications, proposals on any reputable manufacturer’s regularly
produced equipment of such items of a similar nature or similarly used and substantially equivalent will be
considered.

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Region 8 Education Service Center Pittsburg, Texas
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The list or category of goods or services sought by this solicitation is inclusive and not exclusive. There may be
other similarly used items that are sold by the responding vendors that may be included as part of the
proposing vendor’s “catalog” (defined below) now or during the life of the agreement that are considered
included in this solicitation and subject to the minimum discount proposed. Pricing may also be exclusively
line item pricing or, and recommended, in combination with a minimum catalog discount.

Example: During the life of the agreement, models change and new products come to market that are in the
same category and are added to the vendor’s “catalog” and are available for purchase by users of the
agreement. If you fail to propose a minimum discount off your catalog, it may limit the ability to change pricing
of catalog items and services during the life of the award.

Definition of “catalog”
"Catalog" means the available list of tangible personal property or services, in the most current listing,
regardless of date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf
price or other form that:
A. is regularly maintained by the manufacturer or vendor of an item; and
B. is either published or otherwise available for inspection by a customer during the purchase
process;
C. to which the minimum discount proposed by the proposing vendor may be applied.

Adding New or Replacement Goods Items During the Life of the Agreement

Is easiest proposing a Minimum Discount off (PREFERRED MODEL) catalog prices for goods or a markup
on vendor’s cost of a good item. See PART 1 Pricing sheet 1.

Pay Careful Attention to This When Completing the Pricing spreadsheets.

Adding New or Replacement Services During the Life of the Agreement
Is easiest proposing a Discount off (PREFERRED MODEL) catalog prices for Services because there is no
manufacturer or supplier’s price in which to apply a markup percentage. See PART 1 Pricing sheet 2.

Pay Careful Attention to This When Completing the Pricing spreadsheet.

Explanation:

Markup on cost

Vendors may propose a markup on miscellaneous items that are not ordinarily in their catalog or for
which no list or manufacturer’s pricing is available.
It is NOT recommended proposers use the Markup pricing method EXCLUSIVELY because many
members are not allowed to use a bid with a markup pricing method, specifically when using Federal
Grant Funds. Using this pricing method may limit the effectiveness of your award.

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If you choose to use the markup pricing method:
When proposing a markup on cost model, the vendor shall be required to provide proof of actual cost
to the vendor of the goods sold to verify pricing markup is properly and legally applied for the sale of
the goods.

NEW ITEMS: TIPS will allow the addition of new goods items to be added to the agreement when
they become available to the market through the vendor under the discount off published pricing
model or markup on cost model. You must stipulate a discount or markup on catalog price in the
appropriate section of the pricing Excel sheet to be eligible for this option. You may stipulate
discount off specific brands or lines of goods if you desire. Be thorough and concise. Any items
added must be available to all customers, within legal or contractual limitations, if any. (Example:
Apple products are not permitted to be sold to the education market without special agreement
from Apple but may be sold to other government customers.)

REPLACEMENT OF DISCONTINUED OR LIMITED AVAILABILITY ITEMS: When proposing a Line
Item pricing model - TIPS will allow replacement items to the original list item if it is no longer
manufactured or is available in limited quantities. Limited availability must be documented by a
letter from the manufacturer. Vendor may replace it with an item of like kind and quality and the
price will remain the same as proposed, except if it is cheaper, vendor shall lower the price
accordingly and if it is more expensive due to vendor’s actual cost from the manufacturer, it will
be priced and the same discount shall apply as the item it replaces. Vendor shall be required to
prove the pricing if the cost is higher than the original core list price to customer.
Note: If you propose a minimum Discount off catalog, you avoid this process since you are adding
an item to your catalog and list price and the proposed minimum discount off catalog would apply
to the new item.

Shipping cost:
Pricing presented for goods offered should not include shipping costs from dealer to Member customer.
IF shipping is included in the price regardless of the situation, then you simply state no additional cost
for shipping or delivery to any customer. Example if the truck includes deliver but parts do not, them be
sure to specify the variations in your pricing. Shipping method is determined by the vendor and the
Member/Customer at the time of the quote/purchase by the Member/Customer and satisfactory
shipping methods and costs are agreed at that time. Shipping should be passed through at actual cost to
the TIPS Member.

SPECIFICATIONS and PRICING FORMAT
(EXCEL SPREADSHEET)

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Proposals on any reputable manufacturers regularly produced goods falling within the general categories
solicited herein will be considered for award. If a name brand is mentioned, it is only to illustrate type
and quality and is not intended to restrict competition. Any list included herein is inclusive and not
exclusive. There may be other similarly used items that are sold by the responding vendors that may be
included as part of the proposing vendor’s “catalog” (Defined above) now or during the life of the
contract that are considered included in this RFP. Example: During the life of the contract, models change
and new products come to market that are in the same category and are added to the vendor’s “catalog”
and are available for purchase by users of the contract provided the catalog discount or cost markup
proposed is honored by the awarded vendor.

TIPS leaves it to the proposer to determine what goods or services that perform or serve this function and the
proposer may list or include anything applicable.

This solicitation is seeking providers for:

Gym Floors, Repairs, Replacements and Services

Specifications and Pricing

It is the intention of Region 8 ESC to contract with reliable, high performance vendors to supply
Gym Floors, Repairs, Replacements and Services
to public agencies and certain non-profit organizations in the United States.
Including but not limited to:
GYM FLOORS, REPAIRS, REPLACEMENTS AND SERVICES for Schools and other TIPS government
entities that require repairs, installation or replacement of new gym or similar exercise or performance
facility flooring as well as repairs or maintenance of the flooring for these types of facilities.

Specifications and Pricing
It is the intent of TIPS to contract with a reliable, high performance vendor to supply GYM FLOORS,
REPAIRS, REPLACEMENTS AND SERVICES to public agencies in the United States. It is the experience
of TIPS that the following procedures provide TIPS, the Vendor, and the using agency the necessary
support to facilitate a mutually beneficial relationship. The specific procedures will be negotiated
with the successful vendor.
Vendors should submit all materials and services related to GYM FLOORS, REPAIRS, REPLACEMENTS
AND SERVICES. Bidder should submit all applicable products for all types of GYM FLOORS, REPAIRS,
REPLACEMENTS AND SERVICES.
If a catalog is submitted or available as defined herein, then a percentage off catalog is acceptable. If
Line item pricing is proposed, proposals should include any and all listings of product names,
manufacturers, sizes, packaging, quantity, pricing, warranties, description of services and any other
related information.
DO NOT INCLUDE ITEMS THAT ARE NOT CONSIDERED GYM FLOORS, REPAIRS, REPLACEMENTS AND
SERVICES related. Hourly or other unit pricing such as per square foot, etc. for services providing or
related to operation, installation, repair or maintenance to GYM FLOORS, REPAIRS, REPLACEMENTS

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AND SERVICES may be submitted. Accessories to support the GYM FLOORS, REPAIRS,
REPLACEMENTS AND SERVICES may be submitted.
Proposers may serve a local area only or a broader geographic area at their discretion and should
indicate their limitations for a service area.
(Note: TIPS must be able to verify customer quotes when requested by the TIPS Member from the
pricing submitted from this vendor proposal.)
Vendors should submit all materials related to GYM FLOORS, REPAIRS, REPLACEMENTS AND
SERVICES. Bidder should submit all applicable products for all types of GYM FLOORS, REPAIRS,
REPLACEMENTS AND SERVICES.

Additional Services:
Bidder should list in the excel spreadsheet, internet links or other attachment all related supplies,
equipment, services, installation, repair, maintenance, and hourly or other unit priced fees according to
category offered on this contract. Offering must be related to this category. No inappropriate
offerings will be considered. The Contractor’s proposal should list offerings to be considered as
part of the category of GYM FLOORS, REPAIRS, REPLACEMENTS AND SERVICES that can be
provided by the vendor. TIPS is the sole arbiter of what is an acceptable offering. Servicing of GYM
FLOORS, REPAIRS, REPLACEMENTS AND SERVICES or any related service to support GYM FLOORS,
REPAIRS, REPLACEMENTS AND SERVICES may be included in this proposal.
If a price list or catalog is submitted or available as defined herein, then a percentage off catalog is
acceptable. If line item pricing is proposed, proposals should include any and all listings of product
names, sizes, packaging, quantity, pricing, description of services and any other related information.

Proposals should include all listings of GYM FLOORS, REPAIRS, REPLACEMENTS AND SERVICES,
description of services, and any other related services. DO NOT INCLUDE ITEMS THAT ARE NOT
CONSIDERED GYM FLOORS, REPAIRS, REPLACEMENTS AND SERVICES. Hourly or other unit pricing for
services providing installation, repair, or maintenance to may be submitted. Accessories to support the
GYM FLOORS, REPAIRS, REPLACEMENTS AND SERVICES should be submitted.

Offerors may provide pricing based on a discount from a manufacturer’s price list or catalog, or fixed
price, or a combination of both with indefinite quantities. An Electronic Catalog, links to same, and/or
availability to access the list prices should accompany the proposal if a discount off catalog is proposed.
Multiple percentage discount structure is also acceptable. Please specify where different percentage
discounts apply. Additional pricing and/or discounts may be included. Each service proposed is to be
priced separately with all ineligible items identified. TIPS may award to multiple vendors. See additional
pricing instruction in this document and on the pricing forms 1 and 2.

Offerors may elect to limit their proposals to a single service within any category, or multiple services
within any or all categories. Region 8 ESC is seeking service providers that have the depth, breadth and
quality of resources necessary to complete various aspects of this contract. In addition, TIPS also
requests any relevant value add commodity or service that could be provided under this contract. While
this solicitation specifically covers the above-mentioned category, Offerors are encouraged to submit an
offering on any and all products or services available that they currently perform in their normal course
of business.

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Region 8 Education Service Center Pittsburg, Texas
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Respondent shall perform and provide these products and/or services under the terms of this
agreement. The supplier shall assist the end user with making a determination of their individual needs.
The following is a list of included (but not limited to) categories.

Proposers may serve a local area only or a broader geographic area at their discretion and should indicate
their limitations for a service area.

Proposers may submit all items and goods related to supplying GYM FLOORS, REPAIRS, REPLACEMENTS
AND SERVICES that they offer. Proposer should submit all applicable services for all types of GYM FLOORS,
REPAIRS, REPLACEMENTS AND SERVICES.

Value Added Pricing
Value added services should be explained in detail. If proposer can offer greater quantities at lower pricing,
these “value added” prices should be submitted in this section.

Proposal should list offerings to be considered as part of the category of GYM FLOORS, REPAIRS,
REPLACEMENTS AND SERVICES that can be provided by the Vendor. Any related service to support GYM
FLOORS, REPAIRS, REPLACEMENTS AND SERVICES may be included in this proposal.

A discount off list price pricing model is ideal as list prices change over the life of the awarded agreement.
Possible pricing models are discussed in this document. Any other goods and services that are logically related
to this general category. TIPS reserves the sole right to determine whether or not proposed goods or services
are logically related to this general category.
Additional Services:
Proposer should list in the PART 1 Pricing Sheet 2 excel spreadsheet all related services, installation, travel,
and hourly fee or other defined unit cost according to category offered on this contract. Offering must be
related to this category. No inappropriate offerings will be considered. For projects that are considered a
Public Work/Construction, the work can be provided through the PART 2 Job Order Contract (JOC) section of
this solicitation.

The Vendor may furnish all necessary labor, materials, tools, supplies, equipment, transportation, supervision,
management and may perform all operations necessary and required for services. All work shall be performed
in accordance with the requirements set forth in the resulting contract and each mutually agreed upon work
request or purchase order issued by TIPS participating members.

NOTHING IN PART 1 IS REQUESTING SERVICES THAT ARE CONSIDERED A PUBLIC WORK/CONSTRUCTION.
PART 2 ADDRESSES ANY PROJECTS THAT ARE CLASSIFIED AS PUBLIC WORKS OR CONSTRUCTION BY THE
TIPS MEMBER ENTITY.

PART 1 Pricing Sheets 1 and 2 must be downloaded from the “Attachments” section, completed and uploaded
to the “Response Attachments” PRICING sections.

Since the list of items a vendor may carry is potentially very long, and items are removed and added to the
market frequently, it may be more advantageous to propose a minimum discount off your catalog for goods

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and services. You may offer different discounts for different brands or lines or services of goods if you choose.

A zero discount off catalog proposal is permitted, but TIPS encourages vendors to propose the best
discount they feel is necessary to compete with other retailers to provide the greatest benefit to TIPS
members.
Proposer shall propose a minimum discount off catalog in the eBid system attribute for all non-line items
proposed so you will be covered when future items are available in you catalog. By doing this, the pricing
is a ceiling and not a floor. You may always lower your price or increase your minimum discount
percentage to be more competitive in a particular situation

You may propose all goods as a line item list if you prefer but the PREFERRED proposal method is a
minimum discount off catalog prices. Line item proposal prices may only be increased by the markup
method or by application of the US Department of Labor (General (not industry specific) Consumer Price
Index (CPI) percentage increase applied annually, so proposing the discount off catalog price may provide
easier price adjustments but ensures that they are applied fairly to all customers of the vendor because
they are published for all customers to see. If proposer offers a maximum increase percentage in their
proposal, that maximum percentage shall control over the CPI. Proposer may propose, both discount
off a catalog AND line item pricing for specific lists of items if you choose to.

Caution: Using the Markup method of pricing may exclude some members when using Federal funds as
Federal regulations prohibit this type of pricing and some local regulations prohibit this type of pricing
and it always requires the proposer to make available to TIPS or its members proof of the cost of the
item to the proposer to verify the markup is applied according to the terms of this solicitation ad resulting
award. However, offering a markup method percentage may allow you to sell items or services that do
not have a catalog or list price.
You may stipulate different discounts off on specific brands or lines of goods if you desire.

PRICING FORMAT (EXCEL SPREADSHEETS 1 and 2)
DO NOT PROPOSE “PRICE TO BE DETERMINED” or “ON REQUEST”. This method is not lawful to award
by TIPS.
You must have unit pricing that can be applied to the needs of the customer.
PART 1 Pricing Sheet 1 excel sheet
There are three (3) sections in the Excel sheet #1, Section A, B, and C provided in the solicitation
documents, please complete all that are applicable to your proposal. The discount off catalog price is
an excellent method if list prices are available and please propose that method in addition to any other
method you desire to cover future item or service availability.
Example: IF you are providing a line item pricing sheet AND a discount off the rest of your catalog, be
sure to provide both the line item prices on the list of items proposed and a minimum discount off the
rest of your catalog. If different sections of your catalog have different minimum discounts, please note
accordingly.

PART 1 Pricing Sheet 2 excel sheet

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Region 8 Education Service Center Pittsburg, Texas
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List any other services, maintenance agreements, mileage fees, maximum travel costs, etc. with line item
pricing for year One and maximum percentage increase in pricing for years Two and Three of the
awarded contract AND/OR discount off Catalog price as defined above if services are routinely listed in
your catalog and priced therein.

Vendor may provide additional pricing in another format.
ALL PRICING SHALL BE FIRM AND CALCULABLE AT THE TIME OF SALE DURING THE LIFE OF THE CONTRACT
AND MUST CONFORM AND COMPLY WITH THE VENDOR’S PROPOSED PRICING MODEL IN RESPONSE TO
THE ORIGINAL SOLICITATION. DO NOT PROPOSE “PRICE TO BE DETERMINED”. If you have question on
this process, call TIPS for clarification.

Example: Proposed catalog, web or store price for an item is $10.00 each and your proposed minimum
discount is 5%, then the price is firm and calculable as $9.50.

Please provide any explanatory information on your pricing proposal you believe is necessary to fully
inform TIPS of your intent.

Service Incidental to the Sale of Goods
Many times, the sale of goods may be accompanied by the installation or set up of said goods. Proposers
may submit pricing for the services in the PART 1 Pricing Sheet 2 spreadsheet or in an attachment.

Any and All SERVICES may be proposed, but must be priced either as a line item or as a discount off
the published Catalog price for said services. You may provide a catalog of services or a link to the
available services or you may create a TIPS-specific Catalog list of services with applicable pricing.
Please specify or illustrate your chosen method.

If LINE ITEM GOODS pricing, and during the life of the award, prices may be increased only
commensurate, dollar for dollar as your cost for the item increases. To increase the price of a line item
prices good, vendor must submit proof from the manufacturer or distributor that the pricing has
increased and by how much.

NOTE: FAILURE TO PROPOSE SERVICES SHALL EXCLUDE THEM FROM YOUR OFFERING THROUGH THIS
AWARD SO, PLEASE INCLUDE THEM IS SOME CALCULABLE WAY. YOU MAY PROVIDE A PERCENTAGE
DISCOUNT OFF POSTED PRICES OR CATALOG PRICES FOR THE LOCATION OF THE STORE OR IN SOME
SPECIFIC MANNER THAT FITS YOU BUSINESS MODEL.

When using line item pricing, vendor should provide on pricing template 2 a maximum price increase
percentage for annually for renewal years. Complete all excel pricing forms or their equivalents.

PROPOSAL SCORING AND EVALUATION

TIPS staff evaluates and scores all responsive proposals. Recommendations for award will be made to
the Region 8 Education Service Center Board of Directors. Awards will be granted or denied at the

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monthly stated meeting of the Region 8 ESC Board of Directors or as delegated by the Board of Directors.
TIPS will base a recommendation for award on several factors mandated by the Texas Education Code
section 44.031. The factors which will be considered and assigned points in each area as follows (100
total points possible).

TIPS utilizes a value approach for awarding agreements under this solicitation and applies the mandated
evaluation criteria under Texas Education Code §44.031. TIPS reserves the right to assign any number
of point awards or penalties it considers warranted if an offeror stipulates exceptions, exclusions, or
limitations of liabilities. TIPS shall reserve the right to reject any or all proposals or any part of any
proposal. TIPS is the sole arbiter of scoring.

The following evaluation criteria are mandated for consideration by Texas Education Code § 44.031
(b).

1. Purchase Price: (22) point weight. Per prices quoted as related to information within the request
for proposals and/or the discount off MSRP or other published list pricing or stated prices of
goods or services. Points are awarded based on the prices and or discount, and the
reasonableness in the market of the pricing offered. TIPS is the sole arbiter of what constitutes
price criterion scoring.
2. The reputation of the vendor and of the vendor's goods or services; (3) point weight. References
or TIPS staff knowledge and any other available information known to TIPS may be used to score
this criterion.
3. The quality of the vendor's goods or services; (21.5) point weight. References or TIPS staff
knowledge or any other available information known or available through the RFP or otherwise
to TIPS may be used to score this criterion.
4. The total long-term cost to TIPS and its members to acquire the vendor's goods or services; (10)
point weight. Points will be assigned to this criterion based on the Vendor’s response to the
Attribute entitled "MINIMUM Discount Term." A "YES" answer agreeing to at least offer the
Minimum Discount Percentage off list or catalog proposed by Vendor will be awarded the
maximum 10 points for this criterion out of the 100 total points and a "NO" answer is awarded 0
points.
5. Extent to which the Goods or Services meet the Needs: (21.5) point weight. TIPS evaluators will
determine if the proposal provides value to TIPS members and if the goods and/or services
offered by the proposer meets the needs outlined in the solicitation. In the judgment of TIPS
points are awarded incrementally 0-21.5 points depending if the proposal meets the needs
outlined in the solicitation.
6. Vendor’s Past Relationship: (10) point weight – No past relationship scores 5 points and a good
relationship scores 6 to 10 points and a poor relationship scores 0 to 4 points.
7. Impact on the Ability of the District to Comply with Laws and Rules Relating to Historically
Underutilized Businesses: (2) point weight –Points are assigned if the vendor agrees to abide by
the federal regulations in the Attribute entitled “Subcontracting with small and minority
businesses, women's business enterprises, and labor surplus area firms” and the attribute that

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immediately follows, if applicable, of this solicitation in the ION Wave bidding system. related to
underutilized businesses in its subcontracting practices, when applicable. NOTE: Failure to agree
to comply with the federal regulations herein shall make use of federal funds to purchase the
goods or services proposed unallowable.
8. Experience: 10 point weight - <1 year = 0 points; 1 -3 years = 5 points; 4-5 years = 8
points; >5 years = 10 points
9. Residency: 0 point weight. For a contract for goods and services, other than goods and services
related to telecommunications and information services, building construction and maintenance,
or instructional materials, whether the vendor or the vendor's ultimate parent company or
majority owner:
A. has its principal place of business in this state; or
B. employs at least 500 persons in this state.

Federal funds may be utilized by ESC Region 8 or TIPS member entities during the life of this contract,
and residency is a prohibited criterion under federal regulation, it has been considered and assigned a
weight of 0 points.
PROPOSERS FALLING BELOW AN 70-POINT THRESHOLD WILL NOT BE CONSIDERED FOR AN
AWARD.

About TIPS
It is the purpose of this SOLICITATION to establish awarded vendor agreements to satisfy the procurement
needs of participating member entities in this particular commodity category. These awarded agreements will
enable member entities to purchase on an “as needed” basis from competitively awarded agreements with
high performance vendors. Proposers are requested to submit a proposal for offering their line of available
products that are commonly purchased by government agencies, cities, counties and educational entities.

 Awards will be made to the successful proposer(s) for the products and/or services. (Unless proposer
has submitted inappropriate items for the commodity category. Those items will not be awarded.
Example: a software company may not propose to perform construction work)
 TIPS reserves the right to award multiple vendors for each solicitation.
 This proposal is requested for the benefit of the current list of members and other new members as
they execute TIPS membership Agreements in the future. Member List: http://www.tips-
usa.com/assets/documents/docs/membership.pdf
 TIPS reserves the right to extend the proposal deadline for any reason.
 TIPS reserves the right to make changes to this Solicitation by way of one or more posted addenda.

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meet a wide variety of needs.
 Provide competitively priced purchasing options for multiple government entities that yields
economic benefits usually unobtainable by the individual entity.
 Provide quick and efficient delivery of goods and services by entering into pricing agreements with
“high performance” vendors.
 Equalized purchasing power for smaller entities.
 Maintain credibility and confidence in business procedures by maintaining free, full and open
competition for purchases and by complying with purchasing laws and ethical business practices.
 Provide document retention for competitive procurement process for all TIPS Awarded Agreements.

Customer Service
 TIPS staff is available to members for assistance in viewing/contacting awarded vendors for categories
to make purchases and agreement decisions.
 TIPS provides a way for government entities to avoid the time and expense of seeking competition for
purchases on an agency-by-agency basis.
 TIPS enables vendors to become more efficient and competitive by reducing the number of proposals
that require responses to be made to individual entities.

Purchasing Procedures
 Agreements are established through free, full and open competition as described by the laws of the
State of Texas and are available for piggy-back by other government entities anywhere in the United
States, subject to each entities’ jurisdictional law and regulation. Purchase orders or equivalent are
issued by participating governmental entities directly to the Vendor or vendor assigned dealer.
Purchase orders or equivalent are usually sent to the TIPS office where they are reviewed by the TIPS
staff and forwarded to the Vendor within one working day. In some instances, the entity may send
the purchase orders or equivalent directly to the vendor and report the purchase to TIPS.
 NOTE: It is always the Vendor’s responsibility under the TIPS agreement to report all sales under the
TIPS Agreement. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member
inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor
to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must
include the TIPS Contract Number on all related quotes, invoices, and similar sales documents. It is
the duty of the Vendor to submit documentation of all final purchases to TIPS for processing. This may
only be done through the TIPS Vendor Portal or by emailing the sales documentation to TIPSPO@TIPS-
USA.com, unless TIPS agrees to an alternative reporting method in writing. Failure to report a TIPS
sale may result in termination of Vendor’s TIPS Contract(s) and preclusion to responding to future
solicitations.
 Vendors deliver goods/services directly to the participating member agency and then invoice the
participating member agency. The Vendor receives payment directly from the participating member
agency.

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INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION
SERVICE CENTER REGION 8 AND TIPS IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552” that
must be completed by the proposer that designates specified pages as confidential or waives
confidentiality of the entire proposal.

Proposal Instructions
1. Electronically sealed proposals are the preferred and most accurate method and is highly
encouraged through our online procurement software, ION Wave.
2. Proposals may be amended by the proposer on the electronic site at any time prior to the due
date and time. ION Wave permits you to withdraw and resubmit your proposal.
3. If an addendum is posted, you are required to login to the ION Wave bidding software and
address the addendum. No addendum will be issued within five calendar days of the opening
unless it is to extend the opening or address a non-substantive issue. Legal holidays not counted
as calendar days are New Year’s Day, Martin Luther King Day, Easter, Memorial Day, July 4 th,
Labor Day, Thanksgiving, Christmas.
4. Proposals may be submitted on any or all sections, related to the category, unless stated
otherwise. TIPS reserves the right to reject any or all proposals and to accept any proposal(s)
deemed advantageous to the TIPS members and to waive any informality in the proposal process.
5. Deviations to any Terms, Conditions and/or Specifications shall be clearly noted in writing by the
contractor and shall be included with the proposal. There are attributes that you must respond
to in order to submit a proposal that address deviations.
6. Withdrawal of proposals will not be allowed for a period of 90 days following the opening unless
approved by TIPS.
7. Addenda, if required, will be issued by TIPS by email to the proposer’s designated contact to all
those vendors known to have reviewed the SOLICITATION documents through our electronic
bidding software, ION Wave.

PROPOSAL FORMAT - PROPOSERS PAY CLOSE ATTENTION TO DETAILS LISTED.
TIPS reserves the right to waive any informality and/or reject any or all proposals.

All responses should be direct, concise, complete, and unambiguous. With regard to those items that
cannot be answered in the affirmative, clearly explain the precise portion to which you disagree and why
you disagree. Proposers must propose pricing that is calculable based on the prices presented or
discounts proposed as they relate to a published price of the goods are services. Published prices are
prices that are provided by a catalog, website, shelf, price list accessible to TIPS and it members at any
time during the term of an awarded agreement with the vendor or specifically proposed. Other methods
of publishing prices will be considered if proposed but must be calculable.

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business entity failed to give notice as required or misrepresented the conduct resulting in the
conviction. The district must compensate the person or business entity for services performed before
the termination of the agreement.” This notice is not required of a publicly held corporation. Texas
Education Code § 44.034.

References
The proposal response should contain a minimum of Three (3) references of customers you have served
that would be considered eligible for membership in TIPS (i.e. K-12 School Districts, College/Universities,
and/or City/County Government Entities, Water or Fire Districts, etc.). In addition to the name of the
entity, a contact name, email and phone number shall be included. The references document must be
downloaded from the “Attachments” section, completed and uploaded to the “Response Attachments”
REFERENCES section.

Resellers/Dealers
Vendors with Resellers/Dealers must enter/authorize all Authorized Resellers in the Vendor Portal upon
award.

Vendor Certifications
Vendor certifications should include applicable D/M/WBE, HUB and manufacturer certifications for sales
and service (if applicable). Certificates must be scanned and uploaded to the “Response Attachments”
D/M/WBE, HUB and/or ALL OTHER CERTIFICATES section. Whether or not you are a D/M/WBE, HUB or
similar business will have no bearing on the evaluation score, but provides our members the information
if it is part of their entities’ policies.

Vendor Agreement
Vendor Agreement must be downloaded from the “Attachments” section, completed and uploaded to
the “Response Attachments” VENDOR AGREEMENT section. If proposer has deviations to the agreement
language to negotiate with TIPS, there are attributes in the electronic process that address this possibility
and you may insert your deviations there.

Agreement Signature Form
Agreement Signature Form must be downloaded from the “Attachments” section, completed, signed,
scanned and uploaded to the “Response Attachments” AGREEMENT SIGNATURE FORM section. If
proposer has deviations to the agreement language to negotiate with TIPS, the agreement signature
page may be submitted unsigned until all terms and conditions are agreed.

Warranty (If applicable)
Warranty documentation should be scanned and uploaded to the “Response Attachments”
WARRANTY section.

Protest Procedure
If a contractor/proposer (contractor) desires to protest a process or decision by TIPS, the contractor
must follow the following process:
http://www.tips-usa.com/assets/documents/docs/letters/Protest_Procedures_for_Vendor.pdf

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Supplementary Catalogs and Information if Applicable
Supplementary Catalogs and Information documentation should be scanned and uploaded to the
“Response Attachments” SUPPLEMENTARY section. You may provide a link to catalogs or pricing that is
published for all customers to see when shopping for your goods or services. Links to catalog pricing
must be kept current during the term of the awarded agreement. It is the intent of TIPS to award a
manufacturer’s complete line of products, when possible.

LIMITATIONS OF THE SOLICITATION AND THE USE OF AWARDED AGREEMENTS BY MEMBERS
Depending on different entities’ and jurisdictions’ laws and regulations, members may be prohibited
from participating in one or more of the TIPS agreements. TIPS has no control over those legal
restrictions and does not warrant that a member entity will be able to utilize a TIPS awarded
agreement.

Terms and Conditions
1. Exclusivity- Any award under this solicitation is not exclusive and TIPS reserves the right to multi
award or not award. TIPS reserves the right to solicit same or similar categories again for
additional awards during the life of an existing agreement with one or more awarded vendors of
another solicitation, if TIPS decides it is in the best interest of our members.
2. Confidentiality of Proposal - If you believe part of your proposal is confidential and not subject
to sunshine laws such as the Public Information Act, there is a form to complete to make such a
declaration. Read it carefully.
3. Best and Final Offer – There will be NO best and final offer, your proposal will be your final offer
for solicitation competition purposes. Vendor may lower prices at any time during agreement
period. See pricing section.
4. Non-Responsive Proposals: All proposals will be reviewed for responsiveness to the material
requirements of the solicitation. A proposal that is not materially responsive shall not be eligible
for further consideration for award of the agreement. There may be required specifications for
this proposal and desired and other specifications. IF YOUR PROPOSAL FAILS TO MEET ANY OF
THE DESIGNATED REQUIRED SPECIFICATIONS, YOUR PROPOSAL SHALL BE DEEMED NON-
RESPONSIVE AND WILL NOT BE EVALUATED FURTHER OR CONSIDERED FOR AWARD.
5. Deviations and Exceptions: Deviations or exceptions stipulated as non-negotiable in the
response by the proposer may result in disqualification if they are not acceptable to TIPS.
6. Equal Pricing – Pricing proposed shall be provided to any TIPS member and regardless of the
quantity of product or service purchased from the awarded vendor. Pricing may always be
lowered by the vendor if circumstances permit to provide better value to TIPS members and for
the vendor to be more competitive in that particular circumstance of sales opportunity. If prices
are lowered in a specific circumstance, the same lowered pricing must be offered to all TIPS
members if the quantities, timing and all other circumstances are identical.

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7. Estimated Quantities: Because TIPS cannot accurately anticipate which members will utilize the
awarded agreements due to the thousands of members and the different government entity
types, TIPS makes no guarantee or commitment of any kind concerning quantities or usage of
agreements resulting from this solicitation. This information, if provided, is provided solely as an
aid to vendors in preparing proposals only. The successful Vendor(s) discount and pricing
schedule shall apply regardless of the total cumulative volume of business under the agreement.
8. Conditions of Agreement - The terms and conditions of this solicitation shall control in the order
that best serves the TIPS members’ needs and deciding the controlling order is at the sole
discretion of TIPS. The terms and conditions of this solicitation shall be incorporated by reference
in a resulting agreement unless expressly agreed otherwise by the parties in writing.
9. Name brands – If name brands are required to be priced but other products of equal or similar
type and quality may also be represented in the pricing and will be considered. TIPS want pricing
either in a fixed price or a discount off published or available to TIPS Members catalog price or
both if applicable to your proposal. A “catalog” is defined above and includes pricing of goods
and /or services.
10. Evaluation – TIPS will evaluate the best value by rating the proposals submitted by the vendors.
The point score received will be the weighted score which will be used to determine awarded
vendors. See Evaluation criteria sheet with applicable point weights in this document. If
applicable, extensions of unit prices shown will be subject to verification by the district. In case
of variation between the unit price and the extension, the unit price will be considered to be the
proposal.
11. LIMITATION OF LIABILITY – Waiver: BY SUBMITTING A PROPOSAL, OFFERER EXPRESSLY AGREES
TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST BOTH THE INTERLOCAL PURCHASING
SYSTEM REGION 8 EDUCATION SERVICE CENTER, ITS DIRECTORS, OFFICERS, ITS TRUSTEES, OR
AGENTS ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION,
RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION,
PROPOSAL PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY PROPOSAL OR ANY
PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF AN AGREEMENT, IF ANY. NEITHER REGION
8 ESC NOR TIPS SHALL BE RESPONSIBLE OR LIABLE FOR ANY COSTS INCURRED BY PROPOSERS OR
THE SELECTED CONTRACTOR IN CONNECTION WITH RESPONDING TO THE SOLICITATION,
PREPARING FOR ORAL PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING
OR NEGOTIATING THE TERMS OF AN AGREEMENT, OR ANY OTHER EXPENSES INCURRED BY A
PROPOSER. THE PROPOSER OR SELECTED CONTRACTOR IS WHOLLY RESPONSIBLE FOR ANY SUCH
COSTS AND EXPENSES AND SHALL NOT BE REIMBURSED IN ANY MANNER BY REGION 8 ESC OR
TIPS.
12. RESERVATION OF RIGHTS - TIPS expressly reserves the right to:
a) Reject or cancel any or all proposals;
b) Waive any defect, irregularity or informality in any proposal or SOLICITATION procedure
provided the waiver is equally applied to all Offerors and an Offeror is not prejudiced by the
waiver as compared to other Offerors;

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c) Waive as an informality, minor deviations from specifications for goods or services at a lower
price than other proposals meeting all aspects of the specifications if it is determined that
total cost is lower and the overall function is not impaired;
d) Reissue a SOLICITATION;
e) Consider and accept an alternate proposal as provided herein when most advantageous to
TIPS and its members;
f) TIPS has the right to terminate the agreement for cause or no cause for convenience with a
thirty-day written notice, unless otherwise agreed in writing in an executed agreement
between the parties;
g) This is not an exclusive award and no guaranteed volumes of
purchases are guaranteed. TIPS and its members reserves
the right to procure any items or services by other means at
the sole discretion of TIPS or its members.

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NOTICE:

This is a two-part solicitation.

Due to changes in the procurement statutes in recent years and various interpretations of its requirements
for installation of fixtures in public buildings or some projects being considered construction public works,
TIPS has determined that performing to a two-part process will best meet the legal needs of all of our
TIPS Members.

TIPS Members sometimes consider the installation services of the goods supplied under this
contract a public work/construction, since they may be considered fixtures or construction.

Proposing Vendor may respond to PART 1 or PART 2 or to both parts. If you provide public
work/construction services, you should respond to PART 2 for the contract to be effective and usable by
TIPS Members. Failure to respond to PART 2 WILL NOT affect your award chances on the PART 1.

It is acceptable to propose on only PART 1 but it may limit your sales opportunities for sales of goods and
delivery/installation services. It is highly recommended that you respond to both parts to take advantage
of all opportunities. If you need help with proposing the RS Means pricing model, please contact us tor
assistance. TIPS has staff that can provide some guidance on RS Means but understanding of the unit
price book method is ultimately the responsibility of the proposer.

 PART 1 of the two-part solicitation is the goods and non-construction services section that must
be procured according to Texas Education Code §44.031. The solicitation description is a Request
for Proposal. Only services that are considered non-construction are permitted under Part 1.
Depending on the judgment of the TIPS Member entity, this may include services that you offer.

 PART 2 of the two-part solicitation is the public works/construction section for projects where the
work required is considered a public work construction project. The solicitation description is a
Request for Competitive Sealed Proposals as permitted under Texas Government Code §2269; Job
Order Contracts. How the project is classified is dependent on the judgment of the TIPS member
and the work involved in the specific scope of the project.

Example:
If the Member is purchasing a modular building and there must be engineered footings, sidewalks,
awnings and walk way covers, plumbing or electrical service installed at the site for the building, they
may be required by statute to engage an independent engineer and the project may be considered a
construction or Public Work project that requires procurement according to Texas Government Code
2269.

ALL OF THESE TYPES OF WORK PROJECTS ARE INCLUDED IN THE RS MEANS UNIT PRICE BOOK.

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PART 2 – INSTALLATION AND CONSTRUCTION ON SITE CONSIDERED A PUBLIC WORK – JOB ORDER CONTRACT (JOC)

PART 2 – RCSP 210905 Gym Floors, Repairs, Replacements and Services (2 PART JOC)

Part 2 is a Request for Competitive Sealed Proposals as permitted by Texas Government Code §2269.

COMPETITIVE PROCUREMENT SOLICITATION DOCUMENT

THE INTERLOCAL PURCHASING SYSTEM (TIPS)
A Cooperative Purchasing Program available for membership by Governmental and other eligible entities in all
fifty states.

TEXAS REGION 8 EDUCATION SERVICE CENTER (Region 8 ESC)
TIPS Lead Agency

Part 2 of the two-part solicitation is the installation section for projects that the work required for installation is
considered a public work construction project and the solicitation description is a Request for Competitive Sealed
Proposals as permitted under Texas Government Code §2269; Job Order Contracts. How the installation is
classified is dependent on the judgment of the TIPS Member entity and the work involved in the specific scope of
the project.

CONTACT INFORMATION:
TIPS/Region 8 ESC
4845 US Hwy. 271 North
Pittsburg, Texas 75686
Toll Free: (866) 839-8477
Email: bids@tips-usa.com
Website: www.tips-usa.com

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NOTICE TO PROPOSERS

PROPOSAL DUE DATE:
October 15, 2021 AT 3:00 P.M. LOCAL TIME ALL PROPOSALS TO BE RECEIVED ELECTRONICALLY, OR
OTHERWISE SEALED, BY FOREGOING DATE & TIME.

LOCATION OF SOLICITATION DOCUMENTS:
Solicitation documents are located at http://tips.ionwave.net. If you encounter a problem while
accessing the solicitation, please contact TIPS at the contact information provided above for assistance.

REQUEST FOR COMPETITIVE SEALED PROPOSAL:
This solicitation document is a Request for Competitive Sealed Proposals as permitted under Texas
Government Code §2269 for the category:
RCSP 210905 Gym Floors, Repairs, Replacements and Services – PART 2 ONLY

TIPS is seeking qualified contractors to provide Gym Floors, Repairs, Replacements and Services, other
than those expressly precluded herein, at TIPS member entities’ sites. You may provide complete turn-
key construction or materials only or a combination of all material or services that may meet the needs
of our member entities, except those expressly prohibited herein.

NOTICE: The type of solicitation document is identified directly above. The use of terms such as:
“Solicitation”, “Bid”, “Request for Proposal”, “RFP”, “Request for Competitive Sealed Proposal”, “RCSP”,
or other specific terms, may be inaccurate legal terminology and should be construed to mean the
method of competitive procurement identified directly above with the legal citation.

Contractor Questions
Questions about the specific Solicitation shall be submitted to bids@tips-usa.com with the following in
the subject line: “ 210905 Gym Floors, Repairs, Replacements and Services PART 2 contractor question.”
Questions of a ministerial nature will be answered without an addendum, but questions of a substantive
nature that are not addressed in the Solicitation or deemed relevant to the process by TIPS will be
addressed by properly posted addendum.

SUBSTANTIVE QUESTIONS WILL BE RECEIVED UNTIL November 11, 2021 AT NOON Local Time.
Pre-Bid Meeting (Not Mandatory)
A Pre-Bid Meeting may be requested by any proposer, if you wish to request a Pre-Bid Meeting, please
email bids@tips-usa.com by Noon, September 16 , 2021.
If requested, a Pre-Bid meeting will be scheduled if agreed by TIPS, an addendum posted and a
notification will be sent by the electronic bidding system to all known interested parties.
*If Requested, TIPS reserves the right to determine if a Pre-Bid Meeting is held.*

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ANTICIPATED SCHEDULE OF AWARD OR RELATED EVENT:
These anticipated dates may change due to number of responses and staff workloads or extension of
time for the due date.

Posting Date September 2, 2021 8:00 A.M. Local Time

Proposal Deadline October 15, 2021 3:00 P.M. Local Time

Proposal Opening October 15, 2021 3:00 P.M. Local Time

Proposal Review Begins October 15, 2021 3:01 P.M. Local Time

Proposals Award November 19, 2021 8:30 A.M. Local Time

Award Notifications November 19, 2021 12:00 P.M. Local Time

Negotiating deviations to terms and conditions is very time consuming, so Vendors with deviations
are evaluated last, so TIPS does not delay awards to vendors that do not submit deviations.

General Information
FINANCING OF TIPS

TIPS establishes a fee for each solicitation for proposals that is in the best interest of TIPS and its members.

The fee schedule for agreements awarded under solicitation is 2%.

Term of Agreement and Renewals
The Agreement with TIPS is for approximately two (2) years with an option for renewal extension for an
additional two (2) consecutive one (1) year terms. The first renewal extension year shall be automatic unless the

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awarded vendor notifies TIPS of its objection to the first additional one (1) year renewal extension. If TIPS offers
the second one (1) year renewal extension terms, the vendor will be notified by email to the primary contact of
the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded vendor notifies TIPS of its
objection to the additional term. TIPS may or may not exercise the available extension(s) provided in the original
solicitation beyond the base term. Whether or not to offer the renewal extension years is at the sole discretion
of TIPS.

Example: If the anticipated award date published in the Solicitation is August 27, 2020 but extended negotiations
delay award until September 24, 2020 the end date of the resulting initial “two-year” term Agreement, (which is
subject to an extension(s)) will still be August 31, 2022.

“Termination Date”: The scheduled Agreement “termination date” shall be the last day of the month of the
month of the Original Solicitation’s Anticipated Award Date plus two years.

Example: If the original term is approximately two years, and the solicitation provides an anticipated award date
of August 27, 2020, the expiration date of the original two-year term shall be August 31, 2022.

Extensions: Any extensions of the original term shall begin on the next day after the day the original term
expires.

Example Following the Previous Example: If TIPS offers a one-year extension, the expiration of the extended term
shall be August 31, 2023.

TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits.

Total term of Agreement can be up to the number of years provided in the solicitation or as limited by statute.

THIS CLAUSE CONTROLS OVER ANY OTHER TERM IN ANY OTHER PART OF THIS SOLICITATION. TIPS reserves the
right to solicit proposals at any time it is in the best interest of TIPS and/or its members.

Termination
TIPS or the awarded vendor may terminate an award under this solicitation at will for cause or no cause
or for convenience. TIPS must provide the vendor with 30 days prior written notice to the awarded
vendor at the address provided in the response or as otherwise provided. The Awarded vendor shall
provide TIPS with 90 days prior written notice of termination in order to protect the interests of the TIPS
member that may be in negotiation or budget approval process.

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Furnishing Goods and Services to Members
The Contractor shall furnish all necessary labor, materials, tools, supplies, equipment, transportation,
supervision, management and shall perform all operations necessary and required for services. All work
shall be performed in accordance with the requirements set forth in the resulting contract and each
mutually agreed upon contract, work request or purchase order issued by TIPS participating members.

Job Order Contracting Definitions
CITY COST INDEX, Defined pricing indices published by R.S. Means (see R.S. Means) as local modifiers to
the national cost data.
COEFFICIENT is the contractors’ coefficient multiplier that is applied to the local city cost index and the
total sum of line item estimates for each individual Job Order. It will include all overhead items such as
office, safety equipment, vehicles and fuel, computers, communication devises, printers, programs,
insurance maintenance, two percent TIPS management fee, final site cleanup and all contingencies.
JOB ORDER is a line item estimate taken from a job order proposal using the coefficient and R.S. Means
which upon agreement to by the TIPS member becomes a lump sum fixed price contract and a notice to
proceed for the stated scope attached to the purchase order.
JOB ORDER CONTRACTING (JOC) is a variable term indefinite delivery, indefinite quantity contract for
construction services on an on-call basis through negotiated line item delivery orders (job orders) to
include under State of Texas minor construction, repair, renovation, alterations, maintenance projects
and limited design for architectural and engineering services. It is based upon the contracts priced
coefficient applied to the city cost index and the line items in the unit price book (RS Means). When the
line items are agreed to it becomes a lump sum firm fixed price contract for that negotiated scope of
services.
JOB ORDER PROPOSAL is the response from the contractor to the TIPS Member from the clients request
for a specific project. It will contain the line item estimate for the project as defined in the UPB and
include a written scope of work for services to be performed
NON PRE-PRICED ITEMS are those items that cannot be found or reasonably compared to listed line
items in the UPB.
PURCHASE ORDER is the TIPS member’s approval providing the authority to proceed with the negotiated
delivery order under the contract. Special terms and conditions as agreed to between the contractor and
TIPS member will be added as addendums to the PO. Items such as certificate of insurance, bonding
requirements, small or disadvantaged business goals are some of the addendums possible.
PREMIUM HOURS are defined as those hours not included in regular hours or recognized holidays.
Premium hours are to be approved by the TIPS member for each delivery order and noted in the delivery
order proposal as a line item during negotiations.
REGULAR HOURS are defined as those hours between the hours of 6 AM and 6 PM, local time
to the location of the project, Monday thru Friday and not occurring on a listed holiday below in section
entitled “Proposal Instructions” #3. These hours include any lunch or other meal period for workers. All
time, whether regular or premium hours, are subject to all labor regulations, including overtime as
required by law.

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END OF DEFINITION SECTION

SPECIFICATIONS and PRICING FORMAT

This solicitation is seeking providers for:

Gym Floors, Repairs, Replacements and Services
Specifications for Part 2 include installation and construction of Gym Floors, Repairs, Replacements and
Services other than those expressly precluded herein. Depending on the scope and circumstances, the
pricing of may be required by Texas Government Code §2269 to be procured by a method enumerated
in the statute. The method permitted by a purchasing cooperative such as TIPS is the Job Order Contract
(JOC) method. The statute requires the use of a unit pricing model and the unit price book TIPS specifies
is the RS Means Price Book. The statute also requires the pricing to be submitted as a coefficient of the
Unit Price Book’s line item prices. The required attribute questions 38, 39, and 40 provides a method
for your proposal of the required coefficient and a markup for non-prepriced items.

Pricing
It is the intention of TIPS to establish an agreement for delivery of installation or construction and
ancillary services that are considered by the TIPS member as a public work construction project for Gym
Floors, Repairs, Replacements and Services, other than those expressly precluded herein. Part of or the
entire project may be performed under Part 2. Due to the varied scope and nature of these types of
projects, TIPS members in various jurisdictions have different interpretations of what is and what is not
a public work construction project requiring the Job Order Contracting (JOC) procurement process under
Texas Statutes. Therefore, TIPS is providing the option for members that require the JOC process to
procure those services relating to this solicitation using this contract.

RS Means Pricing
Proposers must provide pricing based on a multiplier coefficient of the R.S. Means price book sections
for the categories solicited.
SEE ATTACHMENT ENTITLED “RS MEANS JOC PRICING EXPLANATION” FOR ADDITIONAL ASSITANCE.

This table illustrates how TIPS scores the pricing proposed as coefficients to the RS Means Unit Price
Book.

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24 0.95 1.40 40
22 1.00 1.45 50
20 1.05 1.50 60
18 1.10 1.55 70
16 1.15 1.60 80
14 1.20 1.65 90
12 1.25 1.70 100
10 1.30 1.75 110
8 1.35 1.80 120
6 1.40 1.85 130
4 1.45 1.90 140
2 1.50 1.95 150
0 >1.5 >2 160
for incremental
proposed
coefficients, round
up
FORMULA
(REG coef score #*.85)+(AFTER coef score #*.10)+(NON-PREPRICED coef score number*.05)
insert below score
calculated from
proposal JOC price
sheet and the above Highest possible score is 28
Formula caculator table points
reg hrs score after hrs score Non Prepriced final score
28 28 28 28

The RS Means Pricing form previously utilized by TIPS has been completely replaced with mandatory
attribute questions 38, 39, and 40. You must provide your RS Means pricing in the required Attribute
Questions 38, 39, 40 to be considered for PART 2.
The pricing coefficients proposed on the required attribute questions will be the controlling RS Means
Unit Price Book pricing for your proposal for the life of your Contract.

Non-Prepriced Item Pricing
If you wish to offer specific items on Part 2 that are non-prepriced items in RS Means, you must do so
through the pricing sheet entitled “JOC Pricing of Itemized List of RS Means Non-Prepriced Items PART 2
ONLY.” This is an optional form which can be located in the “Attachments” portion of this solicitation
and can be uploaded to the “Response Attachments” location. Proposers are NOT REQUIRED to
complete this form and should only include things that they provide that are non-prepriced items in RS
Means and are unique to the proposing vendor’s offerings. This could be proprietary items or exclusive

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items, etc.

Wage Rates
TIPS members usually, depending on the jurisdiction, have to designate or follow specific wage rates for
their construction projects. Many times, this is Davis-Bacon Act and sometimes it may be another local
wage rate determination. Regardless, the contractor must comply with the designated wage rates and
the RS Means Unit Price Book has taken into account the local wage rates for the geographic area.

Maximum Aggregate Contract Price
Texas Government Code §2269.403 (b) requires that the governmental entity shall establish the
maximum aggregate contract price when it advertises the proposal. Because this solicitation is available
for piggyback by multiple entities, there is no accurate method to project the maximum aggregate price.
Therefore, an arbitrary maximum aggregate contract price for sales by all awarded contractors under
this solicitation is set at $10,000,000,000. This arbitrary figure is not a guarantee of any sales under the
award and it should not be construed as an estimate of total sales during the contract period. If and
when the $10,000,000,000 figure is reached, the awarded contracts will expire immediately and a new
solicitation may be issued if in the best interest of TIPS and its members.

Job Order Contracting (JOC)
It is the intention of TIPS to establish a contract to furnish and/or deliver construction services using the
Job Order Contracting construction delivery method. The work includes minor construction, repair,
rehabilitation and alteration services for a wide variety of colleges and universities, schools, cities,
counties, healthcare and other government and non-profit agencies.

Unit Price Book (UPB) will be the current edition of RS Means Facilities Construction Cost Data at the
time of the project acceptance – the published quarterly updates will be allowed.

Estimating Requirements: Awarded contractor must use Cost Works, JOC Works, RS Means Online, 4
Clicks, or other approved estimating software. Other software than one of the four software programs
listed above must be approved by TIPS.

The Contractor shall furnish all necessary labor, materials, tools, supplies, equipment, transportation,
supervision, management and shall perform all operations necessary and required for construction
work. All work shall be performed in accordance with the requirements set forth in the resulting contract
and each mutually agreed upon work request or purchase order issued by TIPS participating members.

A contract will be established with standard specifications and pricing based upon a coefficient that is
applied to a Unit Price Book (UPB) from RS Means. When a specific project or job order is issued, TIPS
member and the contractor will agree on the scope of work and the cost is determined by applying the
coefficient to the appropriate units in the UPB. Pricing will be evaluated based upon completion of
Attributes 38, 39, 40 providing RS Means pricing.

Please see the document entitled “RS MEANS JOC Pricing EXPLANATION” in the “Attachments” section

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of the eBid System for additional explanation.

Bonding
Proposer must provide a current letter, issued on or after the date on which this Solicitation was posted,
from their Surety company(ies) that specify the bonding capacity of the proposer. Bonding surety must
be authorized to do business in the State of Texas and be listed on the Department of the Treasury's
Listing of Approved Sureties (Department Circular 570) Bonding capabilities documentation must be
scanned and uploaded to the “Response Attachments” BONDING section. Bonding Capacity scoring is
based on aggregate capacity, not per project.

Site Requirements (when applicable to service or job)
Cleanup: Awarded vendor shall clean up and remove all debris and rubbish resulting from their work as required
or directed by TIPS Member. Upon completion of work, the premises shall be left in good repair and an orderly,
neat, clean and unobstructed condition.

Preparation: Awarded vendor shall not begin a project for which TIPS Member has not
prepared the site, unless awarded vendor does the preparation work at no cost, or until TIPS Member includes the
cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture,
installing wiring for networks or power, and similar pre-installation requirements.

Registered sex offender restrictions: For work to be performed at schools, awarded vendor agrees that no
employee of a sub-contractor who has been adjudicated to be a registered sex offender will perform work at any
time when students are or reasonably expected to be present. Awarded vendor agrees that a violation of this
condition shall be considered a material breach and may result in the cancellation of the purchase order at the TIPS
Member’s discretion. Awarded vendor must identify any additional costs associated with compliance of this term.
If no costs are specified, compliance with this term will be provided at no additional charge.

Safety measures: Awarded vendor shall take all reasonable precautions for the safety of employees on the
worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public.
Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper
precautions shall be taken pursuant to state law and standard practices to protect workers, general public and
existing structures from injury or damage.

Right to Work
Pursuant to any award under this RCSP, TIPS, per Texas Gov’t Code §2269.054:
(1) may not consider whether a person is a member of or has another relationship with any organization; and (2)
shall ensure that its bid specifications and any subsequent contract or other agreement do not deny or diminish
the right of a person to work because of the person's membership or other relationship status with respect to an
organization.

Smoking
Persons working under Agreement shall adhere to local smoking policies. Smoking will only be permitted in posted
areas or off premises.

Bonding
When applicable, and depending on the laws of the TIPS member’s jurisdiction, performance and payment bonds
will be required on construction or labor required jobs and awarded contractor will meet the TIPS member’s local

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and state purchasing requirements. In Texas, Performance Bonds are required when the project is valued at
greater than $100,000 and Payment Bonds on jobs over $25,000. Awarded contractors may need to provide
additional capacity as jobs increase. Bonds will not require that a fee be paid to TIPS. The actual cost of the bond
will be a pass through to the TIPS member and added to the purchase order/contract.

ENGINEERING AND ARCHITECTURAL SERVICES
IT IS NOT PERMITTED IN TEXAS AND SOME OTHER JURISDICTIONS FOR ENGINEERING AND ARCHITECTURAL
SERVICES (A&E) TO BE PROCURED OR PROVIDED THROUGH AN INTERLOCAL COOPERATIVE CONTRACT SUCH AS
THIS ONE. THE TIPS MEMBER, IF REQUIRED BY LAW, MUST ENGAGE INDEPENDENT A&E PROVIDERS ACCORDING
TO THE STATUTORY REQUIREMENTS OF THEIR JURISDICTION TO PROVIDE, BUT NOT LIMITED TO, ANY ONE OR
MORE OF THE FOLLOWING: PLANS, DRAWINGS, SPECIFICATION, APPROVAL, REVIEW, SUPERVISION, ETC.

Scope of Services
The specific scope of work for each job shall be determined in advance and in writing between TIPS Member,
Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope
description, but the awarded vendor should provide a written scope of work, and if applicable, according to the
TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS
Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as
an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms
and conditions other than those covered within this solicitation and awarded Agreements are required, they will
be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS
Vendor Agreement.

Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document,
may make a request of the awarded vendor under this Agreement when the TIPS Member has services that need
to be undertaken. Notification may occur via phone, the web, email, fax, or in person. Upon notification of a
pending request, the awarded vendor shall make contact with the TIPS Member as soon as possible, but must
make contact with the TIPS Member within two working days.

Scheduling of Projects
Scheduling of projects (if applicable) may be accomplished when the TIPS Member issues a Purchase Order and/or
an Agreement or Contract that will serve as “the notice to proceed” as agreed by the Vendor and the TIPS Member.
The period for the delivery order will include the mobilization, materials purchase, installation and delivery,
design, weather, and site cleanup and inspection. No additional claims may be made for delays as a result of these
items. When the tasks have been completed the awarded vendor shall notify the client and have the TIPS Member
or a designated representative of the TIPS Member inspect the work for acceptance under the scope and terms
in the Purchase Order and/or Agreement or Contract. The TIPS Member will issue in writing any corrective actions
that are required. Upon completion of these items, the TIPS Member will issue a completion notice and final
payment will be issued per the contractual requirements of the project with the TIPS Member. Any Construction
contract prepared by the TIPS Member’s Legal Counsel may alter the terms of this subsection, “Scheduling of
Projects”.

Support Requirements
If there is a dispute between the awarded vendor and TIPS Member, TIPS or its representatives may assist, at TIPS
sole discretion, in conflict resolution or third party (mandatory mediation), if requested by either party. TIPS, or
its representatives, reserves the right to inspect any project and audit the awarded vendors TIPS project files,

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documentation and correspondence.

Status of TIPS Members as Related to This Agreement
TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal
information and all related documents. TIPS Members have all the same rights under the awarded Agreement as
TIPS.

Costs Pass Through
Bonding cost, taxes and permit fees paid by the contractor for a Job Order Contract for a TIPS member shall pass
through the cost at no markup to the TIPS member. Other pass through costs, if desired, may be determined with
the member at the time of contract negotiation.

Incorporation of Solicitation
The TIPS Solicitation, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request
for Qualifications solicitation, the Vendor’s response to same and all associated documents and forms made part
of the solicitation process, including any addenda, that resulted in the execution of this agreement are hereby
incorporated by reference into this agreement as if copied verbatim.

SECTION HEADERS OR TITLES
THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT
FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT.
Purpose:
It is the intent of TIPS to award to reliable, high performance vendors to supply products and services to
government and educational agencies. It is the experience of TIPS that the following procedures provide TIPS, the
Vendor, and the participating agency the necessary support to facilitate a mutually beneficial relationship. The
specific procedures will be negotiated with the successful vendor.

Agreements:
All vendor Purchase Orders and/or Agreements/Contracts must be emailed to TIPS at tipspo@tips-usa.com. Should
an agency send an order direct to vendor, it is the vendor’s responsibility to forward the order to TIPS at the email
above within three business days and confirm its receipt with TIPS.

Promotion of Agreement:
It is agreed that Vendor will encourage all eligible entities to purchase from the TIPS Program. Encouraging entities
to purchase directly from the Vendor, bypassing the TIPS Agreement when the Member has requested the TIPS
agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor
from the TIPS Program.

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of the circumstances, the TIPS vendor is required to put the TIPS contract number on all related
correspondence and contracting documents and must report all sales and change orders to TIPS in a
timely manner.
 NOTE: It is always the Vendor’s responsibility under the TIPS agreement to report all sales under
the TIPS Agreement. When a public entity initiates a purchase with a TIPS Awarded Vendor, if
the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the
duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once
verified, the Vendor must include the TIPS Contract Number on all related quotes, invoices, and
similar sales documents. It is the duty of the Vendor to submit documentation of all final
purchases to TIPS for processing. This may only be done through the TIPS Vendor Portal or by
emailing the sales documentation to TIPSPO@TIPS-USA.com, unless TIPS agrees to an alternative
reporting method in writing. Failure to report a TIPS sale may result in termination of Vendor’s
TIPS Contract(s) and preclusion to responding to future solicitations.
 Vendors deliver goods/services directly to the participating member agency and then invoice the
participating member agency. The Vendor receives payment directly from the participating member
agency.

Notice of Confidentiality of Proposed Information
The proposal submitted and all information therein is available to TIPS members. Also, according to the
Texas Public Information Act, any documents or information held by TIPS “may” be public information.
In the documents for the proposer to complete is a declaration form entitled “CONFIDENTIAL
INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION
SERVICE CENTER REGION 8 AND TIPS IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552” that
must be completed by the proposer that designates specified pages as confidential or waives
confidentiality of the entire proposal.

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6. Withdrawal of proposals will not be allowed for a period of 90 days following the opening unless
approved by TIPS.
7. Addenda, if required, will be issued by TIPS by email to the proposer’s designated contact to all
those vendors known to have reviewed the SOLICITATION documents through our electronic
bidding software, ION Wave.

PROPOSAL FORMAT - PROPOSERS PAY CLOSE ATTENTION TO DETAILS LISTED.
TIPS reserves the right to waive any informality and/or reject any or all proposals.

Felony Conviction Notice (Required in Texas) -Notification of Criminal History “A person or business
entity that enters into an agreement with a school district must give advance notice to the district if the
person or an owner or operator of the business entity has been convicted of a felony. The notice must
include a general description of the conduct resulting in the conviction of a felony. A school district may
terminate an agreement with a person or business entity if the district determines that the person or
business entity failed to give notice as required or misrepresented the conduct resulting in the
conviction. The district must compensate the person or business entity for services performed before
the termination of the agreement.” This notice is not required of a publicly held corporation. Texas
Education Code § 44.034. See FELONY CONVICTION NOTICE document on the “Attachments” tab. Felony
conviction notice document must be uploaded to the “Response Attachments” FELONY CONVICTION
NOTICE section.

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Agreement Signature Form
Agreement Signature Form must be downloaded from the “Attachments” section, completed, signed,
scanned and uploaded to the “Response Attachments” AGREEMENT SIGNATURE FORM section. If
proposer has deviations to the agreement language to negotiate with TIPS, the agreement signature
page may be submitted unsigned until all terms and conditions are agreed.

Warranty (If applicable)
Warranty documentation should be scanned and uploaded to the “Response Attachments”
WARRANTY section.

Supplementary Catalogs and Information if Applicable
Supplementary Catalogs and Information documentation should be scanned and uploaded to the
“Response Attachments” SUPPLEMENTARY section. You may provide a link to catalogs or pricing that is
published for all customers to see when shopping for your goods or services. Links to catalog pricing
must be kept current during the term of the awarded agreement. It is the intent of TIPS to award a
manufacturer’s complete line of products, when possible.

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for further consideration for award of the agreement. There may be required specifications for
this proposal and desired and other specifications. IF YOUR PROPOSAL FAILS TO MEET ANY OF
THE DESIGNATED REQUIRED SPECIFICATIONS, YOUR PROPOSAL SHALL BE DEEMED NON-
RESPONSIVE AND WILL NOT BE EVALUATED FURTHER OR CONSIDERED FOR AWARD.
5. Deviations and Exceptions: Deviations or exceptions stipulated as non-negotiable in the
response by the proposer may result in disqualification if they are not acceptable to TIPS.
6. Equal Pricing – Pricing proposed shall be provided to any TIPS member and regardless of the
quantity of product or service purchased from the awarded vendor. Pricing may always be
lowered by the vendor if circumstances permit to provide better value to TIPS members and for
the vendor to be more competitive in that particular circumstance of sales opportunity. If prices
are lowered in a specific circumstance, the same lowered pricing must be offered to all TIPS
members if the quantities, timing and all other circumstances are identical.
7. Estimated Quantities: Because TIPS cannot accurately anticipate which members will utilize the
awarded agreements due to the thousands of members and the different government entity
types, TIPS makes no guarantee or commitment of any kind concerning quantities or usage of
agreements resulting from this solicitation. This information, if provided, is provided solely as an
aid to vendors in preparing proposals only. The successful Vendor(s) discount and pricing
schedule shall apply regardless of the total cumulative volume of business under the agreement.
8. Conditions of Agreement - The terms and conditions of this solicitation shall control in the order
that best serves the TIPS members’ needs and deciding the controlling order is at the sole
discretion of TIPS. The terms and conditions of this solicitation shall be incorporated by reference
in a resulting agreement unless expressly agreed otherwise by the parties in writing.
9. Evaluation – TIPS will evaluate the best value by rating the proposals submitted by the vendors.
The point score received will be the weighted score which will be used to determine awarded
vendors. See Evaluation criteria sheet with applicable point weights in this document. If
applicable, extensions of unit prices shown will be subject to verification by the district. In case
of variation between the unit price and the extension, the unit price will be considered to be the
proposal.
10. LIMITATION OF LIABILITY – Waiver: BY SUBMITTING A PROPOSAL, OFFERER EXPRESSLY AGREES
TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST BOTH THE INTERLOCAL PURCHASING
SYSTEM REGION 8 EDUCATION SERVICE CENTER, ITS DIRECTORS, OFFICERS, ITS TRUSTEES, OR
AGENTS ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION,
RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION,
PROPOSAL PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY PROPOSAL OR ANY
PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF AN AGREEMENT, IF ANY. NEITHER REGION
8 ESC NOR TIPS SHALL BE RESPONSIBLE OR LIABLE FOR ANY COSTS INCURRED BY PROPOSERS OR
THE SELECTED CONTRACTOR IN CONNECTION WITH RESPONDING TO THE SOLICITATION,
PREPARING FOR ORAL PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING
OR NEGOTIATING THE TERMS OF AN AGREEMENT, OR ANY OTHER EXPENSES INCURRED BY A
PROPOSER. THE PROPOSER OR SELECTED CONTRACTOR IS WHOLLY RESPONSIBLE FOR ANY SUCH

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COSTS AND EXPENSES AND SHALL NOT BE REIMBURSED IN ANY MANNER BY REGION 8 ESC OR
TIPS.
11. RESERVATION OF RIGHTS - TIPS expressly reserves the right to:
a) Reject or cancel any or all proposals;
b) Waive any defect, irregularity or informality in any proposal or SOLICITATION procedure
provided the waiver is equally applied to all Offerors and an Offeror is not prejudiced by the
waiver as compared to other Offerors;
c) Waive as an informality, minor deviations from specifications for goods or services at a lower
price than other proposals meeting all aspects of the specifications if it is determined that
total cost is lower and the overall function is not impaired;
d) Reissue a SOLICITATION;
e) Consider and accept an alternate proposal as provided herein when most advantageous to
TIPS and its members;
f) TIPS has the right to terminate the agreement for cause or no cause for convenience with a
thirty-day written notice, unless otherwise agreed in writing in an executed agreement
between the parties;
g) This is not an exclusive award and no guaranteed volumes of purchases are guaranteed. TIPS
and its members reserves the right to procure any items or services by other means at the
sole discretion of TIPS or its members.

Evaluation and Scoring

Scoring of your PART 2 proposal, if any, is based on you answers to questions and information you
provide in your proposal. FAILURE TO ANSWER THE JOC PRICING ATTRIBUTE QUESTIONS 38, 39, and 40
WILL DISQUALIFY YOUR AWARD UNDER PART 2 OF THIS SOLICITATION.

PART 2 EVALUATION

There are four criteria for scoring and a cumulative score of 70 or greater is required to be considered
for award. Scoring a 70 does not automatically mean the proposer will be awarded.

The following are some of the criteria that could prevent an award whether or not the proposer scores
70 points in the evaluation process. This list is inclusive and not exclusive.

 Failure to have minimal bonding capability.
 Poor reference responses or lack of reference responses leaving TIPS unable to confirm the
reputation of the proposer.
 Failure to pay fees due TIPS on past or other contracts.
 Failure to agree with attributes in the ION Wave eBid system that are mandatory for award and
consideration. Those are marked accordingly in the applicable attributes.

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A qualified evaluation staff member or committee will evaluate and score all proposals.
Recommendations for award will be made to the Region 8 Education Service Center Board of Directors.
Awards will be granted or denied at the monthly stated meeting of the Region 8 ESC Board of Directors.
TIPS will base a recommendation for award on factors permitted by the Texas Government Code section
2269. The factors which will be considered and weighted points in each area as follows (100 total points):

TIPS shall use a final overall scoring system to include consideration for competitive pricing, best value
price and cost evaluation. TIPS reserves the right to assign any number of point awards or penalties it
considers warranted if a offeror stipulates exceptions, exclusions, or limitations of liabilities. Strong
consideration will be given to the best value price as it relates to the products and services. However,
price is ultimately only one of the factors taken into consideration in the evaluation and award. TIPS shall
reserve the right to reject any or all proposals or any part of any proposal. The following evaluation
criteria are permitted for consideration by Texas Government Code section 2269.055.

A. Price: 28 points maximum weight. Prices quoted as related to the information within the
solicitation as a coefficient of the R. S. Means price book, or any other unit price book specified
in the solicitation, and, if requested or proposed, any other line item pricing. Any Regular Hours
Multiplier Coefficient proposed on the pricing exhibit greater than 1.5 will receive no points. See
scoring table below.

This table illustrates how TIPS scores the pricing proposed as coefficients to the RS Means Unit Price
Book.

rev. 3.9.21 sr reg hrs after hrs Non Prepriced
Counts 85% of total Counts 10% of total Counts 5% of total
price coefficient price coefficient
score proposed proposed % markup proposed
28 0.85 or better 1.3 or lower 20
26 0.90 1.35 30
24 0.95 1.40 40
22 1.00 1.45 50
20 1.05 1.50 60
18 1.10 1.55 70
16 1.15 1.60 80
14 1.20 1.65 90
12 1.25 1.70 100
10 1.30 1.75 110
8 1.35 1.80 120
6 1.40 1.85 130
4 1.45 1.90 140
2 1.50 1.95 150
0 >1.5 >2 160

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for incremental
proposed
coefficients, round
up
FORMULA
(REG coef score #*.85)+(AFTER coef score #*.10)+(NON-PREPRICED coef score number*.05)
insert below score
calculated from
proposal JOC price
sheet and the above Highest possible score is 28
Formula calculator table points
reg hrs score after hrs score Non Prepriced final score
28 28 28 28

B. Offerer’s experience: 27 points maximum weight. Scoring may be based on references,
information provided in the response or TIPS staff knowledge or any other information available
to TIPS evaluators.

Experience Score points
5 points if bonding is less than
$100k and 10 points if more than
$100K. Due to bonding , they are
determined to be experienced and
<2 years trustworthy
2-3 years 15
4 - 5 years 20
>5 years 27

C. Offerer’s reputation: 27 points maximum weight. Scoring may be based on references,
information provided in the response or TIPS staff knowledge or any other information available
to TIPS evaluators.

At least two positive responses with no negative. max points 27

D. Offerer’s financial capability: 18 points maximum weight. Scoring may be based on bonding
capacity as provided by proposer in the form of letters from the proposer’s bonding surety(ies).
Bonding capacity greater than $2 million will receive maximum points. Bonding capacity less than
$25,000 will receive no points. Bonding capacity between $25,000 and $2 million will receive a

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point total between 0 and 18. Bonding Capacity scoring is based on aggregate capacity, not per
project.

TOTAL
capacity
bonding $ score

25,000 5

100,000 10

250,000 12

500,000 14

750,000 15

1,000,000 16

1,250,000 16.5

1,500,000 17

1,750,000 17.5

2,000,000 18

PROPOSERS FALLING BELOW A 70-POINT THRESHOLD ON THE EVALUATION SECTION WILL NOT BE CONSIDERED
FOR AN AWARD

Description, Specifications and Pricing
The PART 2 section of this awarded contract will use a job order contract (JOC) for a fixed term or
maximum dollar value, whichever occurs first, in which a contractor is selected based on a competitive
proposal to perform various separate job orders in the future, during the life of the contract. Contract
award is based on the bid coefficient factor which the contractor will multiply against “pre-priced” R.S.
Means unit price book. The bid coefficient factor represents all of the contractor’s costs (indirect and
direct), overhead and profit. The other adjustment factor is updated annually based on the City Cost
Index published for the closest location.

The PART 2 scope is exclusive to the contractor. The most important decision in administering the Part
2 contract is therefore the drafting of the scope. Because the contractor has been selected and the unit
price is fixed (by the unit price book and the contractor’s coefficient factor), the Part 2 contract allows
contractor input prior to design, which can expedite the work. The Contractor shall furnish all necessary
labor, materials, tools, supplies, equipment, transportation, supervision, management and shall perform
all operations necessary and required for construction work. All work shall be performed in accordance

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Region 8 Education Service Center Pittsburg, Texas
REV. 3.9.21.sr Page 20
with the requirements set forth in the resulting contract and each mutually agreed upon work request
or purchase order issued by TIPS participating members.

A contract will be established with standard specifications and pricing based upon a coefficient that is
applied to an R.S. Means Unit Price Book (UPB). When a specific project or job order is issued, TIPS
member and the contractor will agree on the scope of work and the cost is determined by applying the
coefficient to the appropriate units in the UPB. Based on the scope of work, the contractor may apply a
coefficient less than the TIPS contractor coefficient, if agreed upon by the contractor and the TIPS
member. Pricing will be evaluated based upon completion of Attributes 38, 39, and 40 providing RS
Means coefficients. Please see the document entitled “RS MEANS JOC Pricing EXPLANATION” in the eBid
system for additional guidance. “RS MEANS JOC Pricing EXPLANATION” in the eBid system may be
downloaded from the “Attachments.”

About TIPS

It is the purpose of this solicitation to establish awarded vendor agreements to satisfy the procurement needs
of participating member entities in this particular commodity category. These awarded agreements will
enable member entities to purchase on an “as needed” basis from competitively awarded agreements with
high performance vendors. Proposers are requested to submit a proposal for offering their line of available
products that are commonly purchased by government agencies, cities, counties and educational entities.

Benefits of TIPS
 Provide government entities opportunities for greater efficiency and economy in acquiring goods and
services through competitively procured vendor agreements.
 Provide comprehensive purchasing practices according the Laws of the State of Texas and Federal
Regulation 2 CFR part 200, when appropriate, and is designed to result in competitive agreements that
meet a wide variety of needs.
 Provide competitively priced purchasing options for multiple government entities that yields
economic benefits usually unobtainable by the individual entity.
 Provide quick and efficient delivery of goods and services by entering into pricing agreements with
“high performance” vendors.
 Equalized purchasing power for smaller entities.

The Interlocal Purchasing System (TIPS) Lead Agency –
Region 8 Education Service Center Pittsburg, Texas
REV. 3.9.21.sr Page 21
 Maintain credibility and confidence in business procedures by maintaining free, full and open
competition for purchases and by complying with purchasing laws and ethical business practices.
 Provide document retention for competitive procurement process for all TIPS Awarded Agreements.

The Interlocal Purchasing System (TIPS) Lead Agency –
Region 8 Education Service Center Pittsburg, Texas
REV. 3.9.21.sr Page 22

Agenda Item