PART A -
Instructions and General Terms and Conditions
AEPA SOLICITATION #024
Notice to Respondents
Solicitation offers will be received by the Association of Educational Purchasing Agencies (AEPA) on behalf
of its Member Agencies until:
September 12, 2023, 1:30 p.m. ET
For Solicitations:
024-A Natural & Synthetic Surfaces for Sports Fields, Tracks, Courts, Playground & Landscaping
Applications; 024-B Electric Vehicle Charging; 024-C Digital Resources & Instructional Materials; 024-D
Computerized Maintenance Management System; 024-E Lawn & Groundskeeping Equipment, Supplies,
& Services; 024-F Digital Display Solutions; 024-G Vehicles – Cars, SUVs, Light Duty Trucks/Vans,
Emergency, Fuel, Hybrid, Electric; and 024-H Audio Visual Integration, Equipment, & Installation.
Each package consists of multiple parts:
Part A – Terms and Conditions
Part B – Technical Specifications
Part C – Member Agency (State) Terms and Conditions
Part D – Questionnaire
Part E – Signature Forms
Part F – Discount & Pricing Workbook
All offers must be submitted online via the Public Purchase website by the due date and time listed above.
AEPA solicitation documents can be downloaded after registering, at no cost, on Public Purchase at
www.publicpurchase.com.
AEPA and/or the respective Member Agencies reserve the right to reject any or all offers in whole or in
part; to waive any formalities or irregularities in any offers, and to accept the offers, which in its discretion,
within state law, are for the best interest of any of the AEPA Member Agencies and/or their Participating
Entities. Note that Respondents must be able to provide their proposed products and services in up to 29
states including California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas,
Kentucky, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico,
North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Washington, West Virginia,
Wisconsin, and Wyoming. Note that not all states participate in each solicitation. The complete list of
participating states is found in Part B for each category.
Solicitations will be opened online on September 12, 2023 at 1:30 p.m. ET
Bid & Contract Timeline:
August 2, 2023 Release of IFBs/RFP via Public Purchase
August 17, 2023 Voluntary Pre-Bid Conference Call
August 28, 2023 Deadline for questions from Respondents
September 12, 2023 Deadline for Submittals and Reading via Public Purchase
October 23, 2023 Opening Record posted on the AEPA website, www.aepacoop.org
November 27-29, 2023 AEPA Approval of O f f e r s
December 2023 Vendor Partners submit required documentation to AEPA Agencies
Initial contract term–See Term of Contract and Extensions in General
Terms & Conditions. Annual contract renewal dates subject to approval
by AEPA
AEPA 024 Part A – Terms and Conditions 1 Due: September 12, 2023, 1:30 p.m. ET
Part A – Table of Contents
I. ABOUT AEPA............................................................................................................. 2
II. SOLICITATION PROCEDURE .................................................................................... 4
A. ISSUING AGENCY …………………………………………………………………………………… 4
B. QUESTIONS……………………………………………………………………………………………...…….5
C. RESPONDENT QUALIFICATION.……………………………………………………………...5
D. BID/PROPOSAL SECURITY……………………………………………………………………….5
E. SOLICITATION SUBMITTAL….………………………………………………………….………6
1. Preparation of the Response……………………………………………6
2. Document Development………………………………………………..…6
3. Solicitation Transmittal………………………………………………..…7
F. SOLICITATION EVALUATION, APPROVAL, AND AWARD………………………....7
G. CONTRACT AWARD AND IMPLEMENTATION………………………………………....9
III. RESPONSIBILITIES OF A VENDOR PARTNER ………………………………….………………9
IV. RESPONSIBILITIES OF AEPA MEMBER AGENCIES ...……………………………………….10
V. GENERAL TERMS AND CONDITIONS FOR ALL AGENCIES…………………….………….11
I. About AEPA
Welcome to The Association of Educational Purchasing Agencies (AEPA) annual solicitation. AEPA is
a unique school procurement consortium established in 2000 and incorporated in 2007 under the state
laws of Nevada. We are a consortium of non-profit public agencies representing twenty-nine (29)
states. We joined to issue simultaneous Invitations for Bids (IFB), or Request for Proposals (RFP),
generating sales for vendor partners in all fifty (50) states. AEPA’s mission is to cooperatively serve our
members through a continuous effort to explore and solve present and future purchasing needs. Our
goal is to secure multi-state volume purchasing contracts with benefits for our public members that are
measurable, cost-effective, and exceed members’ expectations for customer service and value. AEPA
is committed to accomplishing this mission lawfully and ethically, using leading-edge technology and
contemporary business practices.
The advantage for vendors to work with AEPA is that you respond to one bid or proposal that is legally
performed across as many as 29 states, which have the potential to sell nationwide. You are working
with up to 29 agencies with a long and trusted history with their public membership. Through our
partnerships, AEPA vendors have access to thousands of public agencies across the country. We are a
multi-million-dollar procurement group through our current awarded vendors and are growing.
AEPA designates one Member Agency per state that is operating legally under the rules and regulations
of that state. Any additional agencies that wish to participate will negotiate with the authorized Member
Agency and participate through them in a manner in which they mutually agree is not in conflict with
AEPA procedures. The Member Agency will be the only agency allowed to represent that state at AEPA
and will be the only communication link between AEPA and that state.
Each Member Agency, along with the awarded Vendor Partner, represents, supports, and promotes the
AEPA contracts within their respective state. While the consortium was initially created to support
AEPA 024 Part A – Terms and Conditions 2 Due: September 12, 2023, 1:30 p.m. ET
educational entities, the Member Agency for each state determines which public entities (higher
educational institutions, cities, counties, townships, states, etc.) can utilize the competitively solicited
contracts (see the Summary of State Participation by Solicitation Category Table). Participating
entities may include Public and Private School Districts, Educational Service Agencies, Intermediate
School Districts, Higher Education Institutions, Federal Agencies, State Agencies, Local Public Bodies,
and Nonprofit Non-Public Corporations, Organizations, other entities contracted to conduct business
on behalf of a participating entity provided they are required to follow member state and local
procurement regulations, etc. that have authorizations to utilize the AEPA Member Agencies’ Awarded
Contracts.
AEPA has an elected President, Vice President, Secretary, and Treasurer. Operations are overseen by
the Executive Director. The AEPA Board representing member states meets twice per year and operates
otherwise through a sophisticated committee structure.
AEPA Member Agency Information
State Member Agency Name Contact Email Students
Monterey County Office of
California Education d/b/a CalSAVE Ted Witt tedwitt@epylon.com 6,002,523
Colorado Colorado BOCES Association Ed Vandertook vandertook@earthlink.net 889,000
Capitol Region Education Council
Connecticut (CREC) Cara Hart chart@crec.org 538,000
Panhandle Area Education
Florida Consortium Tori Baxley tori.baxley@paec.org 2,700,000
Georgia Cooperative Purchasing Agency Kevin Benson kbenson@cpa4schools.com 1,600,000
Indiana Wilson Education Service Center James Tyler jtyler@wesc.k12.in.us 1,010,811
Illinois Learning Technology Purchase Hope Hardin-
Illinois Program Borbely hhardinborbely@iltpp.org 1,843,617
Iowa AEA Purchasing Joni Puffett joni@aeapurchasing.org 520,000
The Purchasing Cooperative at
Kansas Greenbush Tina Smith tina.smith@greenbush.org 478,749
Green River Regional Educational
Kentucky Cooperative Scott Howard scott.howard@grrec.org 675,000
Massachusetts The Education Cooperative Tricia McKim pmckim@tec-coop.org 955,739
Anna Marie AnnaMarie.Hollander@oakland.k12.m
Michigan Oakland Schools Hollander i.us 1,550,802
Minnesota Cooperative Purchasing Connection Melissa Mattson mmattson@lcsc.org 842,932
Missouri EducationPlus Steve Griggs sgriggs@edplus.org 897,864
Montana Montana Cooperative Service Dave Puyear dpuyear@mrea-mt.org 144,129
ESU Coordinating Council
Nebraska (ESUCC) Craig Peterson craig.peterson@esucc.org 327,055
Educational Services Commission of
New Jersey New Jersey Anthony LaMarco alamarco@escnj.us 1,369,000
New Mexico Cooperative Educational Services Robin Strauser robin@ces.org 338,307
North Dakota Educators Service
North Dakota Cooperative Jane Eastes jeastes@lcsc.org 113,858
Ohio Council of Educational
Ohio Purchasing Consortia Tamra Hurst tamra.hurst@apps.sparcc.org 1,614,633
Oregon Intermountain ESD Rob Naughton rob.naughton@imesd.k12.or.us 570,857
Central Susquehanna Intermediate Unit
Pennsylvania d/b/a Keystone Purchasing Network Mark Carollo mcarollo@csiu.org 1,700,000
Carolinas Alliance 4 Innovation (CA4I)
South Carolina dba Carolina Buy Fred Payne fred.payne@ca4i.org 787,000
Region 16 Education Service
Texas Center d/b/a TexBuy Andrew Pickens andrew.pickens@esc16.net 5,232,065
Virginia Fairfax County Public Schools Michelle Pratt MRPratt@fcps.edu 1,249,000
Washington King County Directors' Association Bart Powelson bpowelson@kcda.org 1,077,339
AEPA 024 Part A – Terms and Conditions 3 Due: September 12, 2023, 1:30 p.m. ET
Mountain State Educational Services
West Virginia Cooperative Jan Hanlon jhanlon@k12.wv.us 299,899
Cooperative Educational Service
Wisconsin Agency (CESA Purchasing) #2 Meghan Cropp meghan.cropp@cesapurchasing.org 854,000
Northeast Wyoming Board of
Cooperative Educational Services (NEW
Wyoming BOCES) Nita Werner nwerner@newboces.com 90,334
II. Solicitation Procedures
A. Issuing Agency
The great benefit to the Vendor is that one response may be prepared for approval by AEPA
and awarded by multiple AEPA Member Agencies and utilized by their Participating Entities
located throughout many states. Solicitations may be issued as an IFB or an RFP
depending on the category of goods/services being solicited. Respondents to a
solicitation will submit their response in the required formats (PDF, Word, Excel) of all files
requested along with complete catalogs via Public Purchase, a free online bidding platform, by
the published due date and time. Respondents selected in response to this solicitation have
the potential to provide products and services to local education agencies serving over
36,000,000 (excludes non-represented AEPA states) students, with additional local
government agencies as permitted by state law.
Each AEPA Member Agency will individually publish notice of the solicitation. Respondents
will submit responses online, electronically via Public Purchase (www.publicpurchase.com).
Instructions on registering for AEPA solicitations on Public Purchase can be found on the AEPA
website, www.aepacoop.org. Responses will be evaluated by solicitation category committees
comprised of AEPA Member Agencies representatives who have indicated they will participate
in the category of products and services being solicited, and after AEPA approval, individual
AEPA Member Agencies may award contracts to the AEPA Approved Vendor Partners or
reject their offers.
The procurement activities of AEPA are limited to document preparation, distribution of the
solicitation, initial evaluation, and recommendation for possible approval to AEPA Member
Agencies. AEPA consists of agency officials who have agreed to assist one another in meeting
the public purchasing needs of local school districts and other political subdivisions.
Contracts awarded through cooperative purchasing must meet the procurement laws of the states
of each AEPA Member Agency. When these laws are satisfied, an individual entity using these
contracts is deemed in compliance with co mp e titive procurement regulations. As allowed by
specific state statutes, they can issue purchase orders for any amount without the necessity to
prepare their own solicitation, Request for Proposal (RFP), or Request for Quotations (RFQ).
This saves the entity time and allows for economical and efficient purchasing.
AEPA requires that Respondents only respond if they can offer prices equal to or
better than what they ordinarily offer to individual entities or cooperatives with
equal or lesser volume. State laws that permit or encourage cooperative purchasing
contracts do so in the belief that it saves the participants both time and money. Time is saved
by having access to volume discounted contracts publicly solicited and being able to purchase
what is needed without having to wade through the solicitation process (write solicitation,
advertise the solicitation, open each response, evaluate, and select). Money is saved in
procurement cost and lower prices will be the result of volume purchasing. Therefore, a
contract issued by a cooperative can be used by hundreds of separate political units; but if it
has the same or higher prices than what a single agency or state contract can get through its
own solicitation, a cooperatively solicited contract may not be attractive to these members. We
request that Respondents respond with advantageous pricing and package so that
together we can attract members to prefer the cooperatively awarded contract.
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The AEPA policy for membership permits new agencies to become AEPA Member Agencies
upon approval of existing members. If additional Agencies are added, they and their members
may procure from existing contracts upon approval of the awarded Vendor Partners and in
accordance with their state laws.
B. Questions
All questions from Respondents must be submitted online through Public Purchase, AEPA will
not accept questions in any other format during the solicitation process. All questions received
during the solicitation process will be available via Public Purchase. All Respondents will be
automatically notified through email when AEPA responds to a question asked by a potential
respondent. It is the Respondent’s responsibility to check Public Purchase for any questions and
answers before the deadline. Questions received after the question deadline date will not be
answered.
Should AEPA issue addenda during the solicitation process, all Respondents will be automatically
notified through email of the released addenda. AEPA is not responsible for Respondents not
acknowledging the issued addenda and not submitting a response according to those changes.
Questions regarding this solicitation after Opening, but before the approval of the contract,
should be submitted to questions@aepacoop.org.
Questions regarding this solicitation after Notification of Approval should be submitted to bid-
committee@aepacoop.org.
C. Respondent Qualifications
An essential part of the solicitation process is an evaluation to qualify the company being
considered. All solicitations must contain answers, responses, and/or documentation to the
information requested in the documents. Any Respondent failing to provide the required
information/ documentation may be considered non-responsive, this includes submitting a
response not in the proper format.
Respondents must demonstrate their ability, capacity, and available resources to provide the
proposed products and services to 90% of the AEPA Member Agencies indicating an interest in
participating in the categories being solicited unless otherwise noted in Part B – Technical
Specifications of the category being solicited. The Respondents are required to communicate and
demonstrate within their response they have extensive knowledge, background, and at least five
(5) years of experience with manufacturing, obtaining, delivering, installing, maintaining, and/or
supporting the product lines of products, equipment, services, or software offered. AEPA and/or
its Member Agencies reserve the right to accept or reject newly formed companies or companies
failing to demonstrate their abilities or capacity solely based on information provided in the
solicitation response and/or its own investigation of the company.
D. Bid/Proposal Security
If required, bids or proposals must be accompanied by a satisfactory security bond. This will
vary by the goods/services requested and will be noted in Part B, Technical
Specifications for that category.
If a security bond is required, a hard copy of the bid security must be in the possession of AEPA
at Lakes Country Service Cooperative, on or before, the exact due date and time. Original copies
of the security must be submitted to AEPA c/o LCSC, ATTN: Purchasing Dept, 1001 E Mt Faith,
Fergus Falls, MN 56537 in a sealed envelope with the Solicitation Number, Solicitation Category,
and Respondent’s name and address clearly indicated on the envelope or box. A copy of the bid
security must be submitted via Public Purchase. AEPA will not reject a response from a Vendor
whose bid bond has not arrived by the due date and time as long as a scanned copy of the bid
bond dated prior to the due date is uploaded with their response and the actual bond is in transit.
AEPA 024 Part A – Terms and Conditions 5 Due: September 12, 2023, 1:30 p.m. ET
An acceptable bid/proposal security will have the principal being the Respondent and the
Association of Educational Purchasing Agencies listed as the Agency of Record. The Security may
be a one-time bond underwritten by a surety company licensed to issue bonds in the state of
Nevada and said surety to be approved in federal circular 570 as published by the United States
treasury department or the equivalent in cash or an irrevocable letter of credit from a FDIC
financial institution. The security bond must remain in force for one hundred twenty (120) days
of the solicitation opening.
E. Solicitation Submittal
1. Preparation of the Response
a. The solicitation is published in multiple parts.
i. Part A contains the general terms and conditions that apply to all solicitations.
ii. Part B is the technical specifications or proposal request for the individual
commodity or service requested.
iii. Part C includes specific state terms and conditions. This is where you will find
information about each AEPA state member and any specific procurement rules
of each state.
iv. Part D, E, and F are to be filled out in their entirety and submitted online via
Public Purchase in their required formats with the Respondent’s offer. Some
categories may contain additional Parts or Forms. All Forms must be uploaded
before the published solicitation due date and time of opening.
b. All responses must be on the forms provided by AEPA for each solicitation found in
Public Purchase unless otherwise noted. Respondents will submit all documents, in
their required formats, online via Public Purchase by the due date and time of the
solicitation.
c. Forms requiring signatures must be submitted by the person authorized to sign the
bid or proposal response. Failure to properly sign the solicitation documents will
result in the offer being deemed non-responsive.
d. In case of an error in extension of prices in the solicitation, unit prices must govern.
e. Periods of time stated as a number of days must be in calendar days, not business
days.
f. It is the responsibility of all Respondents to examine the entire solicitation package,
to seek clarification of any item or requirement that may not be clear, and to check
all responses for accuracy before submitting an offer. Negligence in preparing an
offer confers no right of withdrawal after due time and date.
g. The Respondents’ ability to follow the preparation instructions set forth in this
solicitation will also be considered to be an indicator of the Respondents’ ability to
follow instructions should they receive an award as a result of this solicitation. Any
contract between the AEPA Member Agency and a Respondent requires the delivery
of information and data. The quality of organization and writing reflected in the offer
will be considered to be an indication of the quality of organization and writing
which would be prevalent if a contract was awarded. As a result, the offer will be
evaluated as a sample of data submission.
2. Document Development: Forms for this solicitation are published in Public Purchase,
in Word, Excel, and PDF formats. Respondents may download the documents once they
are registered with AEPA on Public Purchase. All documents must be titled properly and
submitted in their required format as noted in the Solicitation Checklist. Respondents must
scan and upload all documents to Public Purchase following the Solicitation Checklist, along
with any additional documents or files other than those listed below that may be requested
and/or related to the solicitation.
a. Part C – Member Agency (State) Terms and Conditions: Some states
require additional documentation and signature forms. Review Part C and submit
the required state documents with your offer. Submit all state-specific forms as one
(1) form in PDF format.
b. Part D – Questionnaire: Complete the form provided. The questionnaire seeks
information about the Respondent’s pricing structure, service areas, past
performance, and commerce processes. The Company Information form provides
AEPA 024 Part A – Terms and Conditions 6 Due: September 12, 2023, 1:30 p.m. ET
background information on the Respondent’s company. Submit the form as one (1)
individual form.
c. Part E – Signature Forms: Complete the forms provided. The signature form
includes multiple areas where signatures are required. Submit the form as one (1)
individual form in PDF format.
d. Part F – Discount & Pricing Workbook: Complete the Excel workbook
provided. Title the Excel document as per the instructions in Document
Development above. Be sure to complete the required tabs as outlined in Part F.
• Price Lists and/or Catalogs: For catalog bids, PDFs of the Respondent’s
most recent published catalog(s) or price lists must be included. Each PDF
document must be titled as per the instructions.
3. Solicitation Transmittal
a. It is the responsibility of the Respondent to be certain that its submittal has been
uploaded in its entirety to Public Purchase, on or prior to the exact published due
date and time.
b. If a security bond is required, a hard copy of the security must be in the actual
possession of AEPA at Lakes Country Service Cooperative, ATTN: Purchasing Dept,
1001 E Mt Faith, Fergus Falls, MN 56537, on or before, the exact due date and time
and a copy must be submitted via Public Purchase. Original copies of the security
must be submitted in a sealed envelope properly addressed to the Association of
Educational Purchasing Agencies, with the Solicitation Number, Solicitation
Category, and Respondent’s name and address clearly indicated on the envelope or
box. AEPA will not reject a response from a Vendor whose bid bond has not arrived
by the due date and time as long as a scanned copy of the bid bond dated prior to the
due date is uploaded with their response and the actual bond is in transit.
c. If the designated location for receiving the bid or proposal security is closed due to
an unforeseen circumstance on the day the security is due (due date), the security
will be due at the same time on the next day the building is open. Responsive offers
will be opened, and the name of each Respondent and other appropriate information
will be posted to Public Purchase and the AEPA website.
F. Solicitation Evaluation, Approval, and Award: Solicitation responses received will be
evaluated in accordance with acceptable standards of cooperative procurement, set forth in and
governed by the Procurement Codes of AEPA Member Agency’s states; AEPA by-laws, policies,
and procedures; AEPA Member Agencies’ policies and procedures.
For IFB categories, approval of prospective Vendor Partners and recommendation of contracts
will be made to the lowest responsive and responsible Respondent utilizing the criteria listed in
Part B of the solicitation. As a reminder, AEPA recommends offers to Respondents. Final
contract awards are subsequently made by individual AEPA Member Agencies.
1. Responsive Offer: A responsive offer reasonably and substantially conforms to all
material requirements of the solicitation. Offers must be responsive and approved by AEPA
to receive award consideration by AEPA Member Agencies. To be determined responsive,
the response must meet all of the requirements below:
a. Submitted on time.
b. Materially satisfy all mandatory requirements identified throughout the solicitation.
c. Must substantially conform to all of the specified requirements in the solicitation in
the judgment of AEPA and its AEPA Member Agency representatives.
d. Any deviation from requirements indicated herein must be stated, in writing, and
included with the offer submitted. Otherwise, it will be considered that responses
are in strict compliance with all requirements, and any successful vendor will be held
responsible, therefore.
e. Deviations or exceptions stipulated in response may result in the offer being
classified as non- responsive. Language to the effect that the Respondent does not
consider this solicitation to be part of a contractual obligation will result in that
AEPA 024 Part A – Terms and Conditions 7 Due: September 12, 2023, 1:30 p.m. ET
Respondent’s offer being disqualified. Terms of the solicitation that any Respondent
considers particularly unwarranted, and to which that would have to take significant
exception in his/her offer, should be stated clearly and concisely as exceptions
and/or deviations.
f. In preparing a proposal, the Respondent’s inability to follow the proposal
preparation instructions set forth in this solicitation and its inability to provide
written responses, narratives, requested and support documentation relating to the
Respondent’s qualifications; abilities; capacity; products; specifications; delivery,
installation, setup, maintenance; support services and pricing utilized by AEPA
evaluators may result in the Respondent’s offer to be deemed non-responsive.
2. Non-responsive Offer: Any offer that does not conform to all material requirements of
the solicitation including, but not limited to: offers received after the deadline; offers that
do not contain required items and/or provided in the format required, such as proper
and/or signed forms, pricing, catalogs, electronic files; offers that do not contain the proper
security bond where required; failure to meet the specified qualifications, product
specifications, stipulated documentation or pricing equal to or better than individual
entities or cooperatives with equal or lesser volume. AEPA reserves the right to request
documents that do not affect pricing, waive minor irregularities, and/or seek clarification
following its Board approved procedures. Offers deemed non-responsive will not be
considered for approval and award.
3. Responsible Respondent: A responsible Respondent is a firm or person with the
qualifications, capability, and capacity to perform the contract requirements with integrity
and reliability, which will assure good faith performance. As a part of the process of
determining responsible respondents during the evaluation period, the category committee
may request reports that describe the financial soundness of your organization. You may
be asked to include a third-party report or reports that demonstrate your firm’s strength.
Accepted financial reports may include balance sheets and Profit & Loss statements for the
past three years, a Letter of Credit or Line of Credit from a bank or lending institution
indicating the line of credit limit and the average outstanding balance, Dun & Bradstreet
reports, a complete Annual Financial Report (for publicly traded companies).
AEPA’s approval of a response will make the Respondent available for consideration to the
AEPA Member Agencies for contract award. Factors to be considered in determining
whether the standard of responsibility has been met may include but is not limited to
whether a Vendor Partner has:
a. Submitted a responsive offer;
b. The qualifications stipulated in this solicitation, such as adequate financial
resources, production or service facilities, personnel, service reputation and
experience to make satisfactory delivery of the products, services, or construction;
c. A demonstrated and documented satisfactory track record of performance in the
national marketplace;
d. A satisfactory record of integrity and a reputation of responding to and meeting
educational and local government institutions’ needs, adherence of and compliance
with federal, state, local and industry standards, rules, regulations, and codes;
e. Quality and suitability of products and services offered to meet and perform to the
specifications, expectations, and requirements identified in this solicitation;
f. Supplied all necessary information and data in connection with determining
whether a Respondent meets the standard of responsibility.
4. Cost Evaluation:
a. Cost and price schedules conform to and provide the information required in Part B
– Technical Specifications of the bid or proposal;
b. Pricing offered that is equal to or better than what they ordinarily offer to individual
entities or cooperatives with equal or lesser volume;
AEPA 024 Part A – Terms and Conditions 8 Due: September 12, 2023, 1:30 p.m. ET
c. Methodology used by AEPA and its AEPA Member Agencies to approve prospective
Vendor Partners and award contracts;
i. Line-Item Bid: Lowest responsive, responsible Bidder(s). Based on the cost
evaluation, a recommendation will be made to approve a single Bidder or make
a multiple Bidder award. The evaluation committee may consider such factors
as life-cycle costs, total cost of ownership, quality, and the suitability of an
offering in meeting AEPA members’ needs; or
ii. Catalog Bid: Lowest responsive, responsible Bidder(s) is/are determined based
on the price evaluation criteria; and by a “Core List” and/or by creating a
“Market Basket Study” to compare overall pricing between Respondents. A
“Market Basket” is a list of items typically purchased by AEPA Member Agencies
and their Participating Entities that represent a cross-section of the types of
those items purchased. The selection and quantity of line items evaluated will be
at the sole discretion of the AEPA evaluators. Based on the cost evaluation, a
recommendation will be made to approve a single Bidder or make a multiple
Bidder award. The evaluation committee may consider such factors as life-cycle
costs, total cost of ownership, quality, and the suitability of an offering in
meeting AEPA members’ needs.
iii. Proposal: Identified weighted criteria for evaluation, including pricing,
published in Part B of the solicitation.
G. Contract Award and Implementation
An AEPA category committee will perform initial response review and evaluation and will
prepare and make a recommendation to AEPA for its consideration and approval. Those
selected Respondents who are approved by AEPA will then be considered by the individual
AEPA Member Agencies for contract award. It should be noted that once AEPA has approved
the response, a Respondent becomes a “Vendor Partner” for AEPA.
All respondents will be notified of the outcome of the solicitation. Vendors recommended for
award by AEPA states will be posted on the AEPA website.
Once the approved Respondents have been notified, it is their responsibility to contact those
AEPA Member Agencies (up to 29) who had indicated an interest in participating and send Part
C (if applicable), Part D, E, and F to each of the participating AEPA Member Agencies. Each
AEPA Member Agency will review, evaluate, and determine which, if any, it will award contracts
to.
The approved Vendor Partner and the AEPA Member Agency will hold final contract
negotiations, if necessary, to work out state-specific details of contract implementation
including:
1. Acquiring additional information and having discussions on how the awarded contract
will be executed.
2. Signing the contract with the AEPA Member Agency.
3. Jointly develop marketing strategies and a plan for contract roll-out activities to the
AEPA Member Agency’s Participating Entities (Advertising, flyers, website access, etc.).
4. Establish how orders will be processed, handled, and reported.
5. Contract management: Establish how and by whom the day-to-day contract
management will be handled and who will be the AEPA Member Agency’s
representative.
It is not guaranteed that each AEPA Member Agency will enter into a contract with AEPA
approved Vendor Partners. The final decision as to the appropriateness of a contract for a
Member Agency rests solely with that AEPA Member Agency.
III. Responsibilities of A Vendor Partner
A. As an approved AEPA Vendor Partner, the following is expected in support of the contract:
AEPA 024 Part A – Terms and Conditions 9 Due: September 12, 2023, 1:30 p.m. ET
1. Designate and assign a dedicated senior-level contract manager (one authorized to
make decisions) to each of the Member Agency accounts. This employee will have a
complete copy and must have a working knowledge of the contract.
2. Train and educate sales staff on what the AEPA cooperative contract promised,
including pricing, who can order from the contract (by state), terms/conditions of the
contract, and the respective ordering procedures for each state. It is expected that
Vendor Partners will lead with AEPA contracts.
3. Develop a marketing plan to support the AEPA contract in collaboration with respective
AEPA Member Agencies. The plan should include, but not be limited to, a website
presence, electronic mailings, sales flyers, brochures, mailings, catalogs, etc.
4. Create an AEPA-specific sell sheet with a space to add a Member Agency logo and
contact information for use by the Member Agencies and the Vendor Partner’s local
sales representatives to market within each state.
5. Quarterly, complete the sales and administrative fee report (see attached PDF example)
and submit to each Member Agency along with the respective administrative fees to be
paid. If there are no sales, a $0 report is required.
6. Report sales and administrative fees by participating state if requested by AEPA.
7. Have ongoing communication with the Category Committee Chairperson, AEPA
Member Agencies, and the Member Agencies Participating Entities.
8. Annually attend two (2) AEPA meetings: Annual meeting which is typically in April or
May and the Winter Meeting which is typically the week after Thanksgiving and has
historically been held in conjunction with the Association of Educational Service
Agencies (AESA) annual conference. At the Annual Meeting, Vendor Partners
participate in a round table meeting with each of the AEPA Member Agencies. Vendor
Partners that have paid the registration fees can participate in the meetings.
9. Trade show support: Strongly encourage participation in national and local conference
trade shows to promote the AEPA contracts such as, but not limited to, the Association
of School Business Officials (ASBO), the National Institute of Governmental Purchasing
(NIGP), and the National Association of Educational Procurement (NAEP).
10. Increasing sales over the term of the contract with all participating AEPA Member
Agencies.
IV. Responsibilities of AEPA Member Agencies
A. In support of the Vendor Partner and respective contract, each AEPA Member Agency should
provide the following support:
1. Designate a staff member(s) that will serve as a point person for the AEPA program
within that state.
2. Provide a staff member to work collaboratively with the Vendor Partner to determine
the best marketing plan for the respective Member Agency state. Marketing efforts may
include but not be limited to the education and use of sales force, a website presence,
electronic mailings, brochures, mailings, etc.
3. Develop marketing materials for the Member Agency to use that would include
representation of the awarded contracts. Materials may include, but not be limited to,
a website presence, electronic mailings, sales flyers, brochures, mailings, catalogs, etc.
as determined by the respective Member Agency and what works best within their state.
4. Assist the Vendor Partner to jointly market the contract to potential Participating
Entities within the state.
5. Work with the Vendor Partner to identify eligible Participating Entities within the state
possibly including providing a list of potential customers.
6. Work with the Vendor Partner to identify and help manage costs associated with
fulfilling this contract.
7. Attendance at the two (2) AEPA meetings which provides for an opportunity to interact
with Vendor Partners.
AEPA 024 Part A – Terms and Conditions 10 Due: September 12, 2023, 1:30 p.m. ET
V. General Terms and Conditions for All Agencies
For the purposes of this Solicitation, the following terms must be defined as
indicated below, and constitute the general terms and conditions for all AEPA
Member Agencies:
Administrative Fee: The percentage of sales that each Vendor Partner pays the Member Agency
for sales in their respective state or states that they extend the AEPA pricing to. Administrative Fees
must be paid to each Member Agency quarterly. See the Summary of State General Overview for
the administrative fees by Member Agency (state).
Advertising: Vendor Partner must not advertise or publish information concerning this contract
prior to the award being announced by the AEPA Member Agencies. Once the award is made, the
Vendor Partner may advertise to the individual Participating Entities that products/services are
available. Vendor Partner must submit ad copy to the AEPA Member Agency for review and
approval prior to issuing the advertisement.
AEPA Bi-Annual Meetings: AEPA holds two general meetings each year: one in the Spring
(usually in April or May) and the other in the Winter (currently the week after Thanksgiving). AEPA
requires that all successful contract holders attend both meetings and participate in the vendor
round tables at the Spring meeting. AEPA requests that all vendor partners register in advance and
stay at the AEPA official hotel if rooms are available. All registrations for the meetings are required
by the official registration due date as announced by AEPA.
AEPA Member Agency: Refers to the entities identified in the table in Part I of this document
who are approved as AEPA members. Member Agencies participating in a particular category are
listed in Part B - Specifications, Item 3: Anticipated Member Agency Participation. "Direct or
Indirect Participation" may include their involvement through the formulation of any part of a
procurement activity; the influencing of the content of any term, condition and/or specification;
the evaluation, investigation, auditing and/or the rendering, of advice, recommendation, decision,
approval, disapproval and the award and implementation of procurement contract. Not every listed
entity may elect to participate in a solicitation once the responses are reviewed and approved.
Affirmative Action: An Affirmative Action Plan, Certificate of Affirmative Action, or other
documentation regarding Affirmative Action may be required by AEPA Member Agencies. Vendors
must comply with requirements and/or requests for information regarding Affirmative Action by
Member Agencies.
Amendment of Solicitation: A solicitation may be amended up to the time of opening.
Applicable Law: The laws of the state of the respective AEPA Member Agency must govern any
resulting contract of this solicitation. Suits pertaining to this contract may be brought only in courts
in the County and State as prescribed by the AEPA Member Agency. Both parties agree that the
Uniform Commercial Code, as adopted by the State of the AEPA Member Agency, must fully apply.
The Vendor Partner must comply with any and all laws, whether local, state, federal or otherwise,
applicable to any aspect of the work to be performed in relation to the resulting contract. It must
be the Vendor Partner’s responsibility to identify, make themselves aware of, and determine the
applicability and requirements of any such laws and to abide by them.
Approval and Awarding of Contract: AEPA and its AEPA Member Agencies reserve the right
to approve and award a contract to one Vendor Partner, to make multiple approvals and awards, to
reject any or all offers in whole or in part, to waive any minor formalities or irregularities in any
offers, and to accept offers, which in its discretion and according to law may be in the best interest
of the AEPA Member Agencies and their Participating Entities. A response to this solicitation is an
offer to contract with the AEPA Member Agencies based upon the terms, conditions, and scope of
work and specifications contained in this invitation. A solicitation does not become a contract
unless and until it is accepted, recommended, and approved by AEPA and awarded by the
individual AEPA Member Agency. A contract is formed when an AEPA Member Agency
AEPA 024 Part A – Terms and Conditions 11 Due: September 12, 2023, 1:30 p.m. ET
administrator and, if required, an AEPA Member Agency Board approves and signs the Acceptance
of Solicitation and Contract Award Form (see Form E) document, eliminating the need for a formal
signing of a separate contract.
Assignment: No right or interest in this contract must be assigned or transferred by the Vendor
Partner without prior written permission by AEPA and its AEPA Member Agencies, and no
delegation of any duty of the Vendor Partner must be made without prior written permission by the
AEPA Member Agency. AEPA and its AEPA Member Agencies must not unreasonably withhold
approval and must notify the Vendor Partner within fifteen (15) days of receipt of written notice by
the Vendor Partner.
Audit Rights: In accordance with applicable law of the State of the AEPA Member Agency, the
Vendor Partner’s books, and pertinent records related to this contract may be audited at a
reasonable time and place.
Authority: This solicitation, as well as any resulting contract/agreement, is issued under the
general authority of the State laws of the AEPA Member Agency and those identified within the
AEPA Member Agencies’ Specific Terms and Conditions, Part C, (see also Procurement Code
below). Internal or external Cooperative Purchasing Agreements between the AEPA Member
Agency and Participating Entities may exist.
Respondent/Bidder/Vendor Partner Definitions:
Bidder, Respondent, Offeror, and Vendor Partner are interchangeable and are used to
identify the person(s) or firm(s) submitting a response to an Invitation for Bid or Request for
Proposal.
1. Prospective Respondent/Bidder/Offeror: has notified AEPA of a desire to bid by
registering on the AEPA website. “Bidder” has submitted an offer to AEPA in response
to an AEPA solicitation.
2. Recommended Respondent/Bidder/Offeror: has been approved by AEPA for its AEPA
Member Agencies for contract consideration.
3. Vendor Partner: has entered into a contract with a participating AEPA Member Agency
or subsequently a Participating Entity.
Respondent Acceptance Period: To allow AEPA Member Agencies the opportunity to evaluate
the offers, AEPA requires that an offer in response to this solicitation be valid and irrevocable for
one hundred twenty-days (120) after opening time and date.
Performance Bonding (required for construction projects): Performance bonds are
completed after the contract and at the time a member authorizes a project. The Vendor Partner
agrees to provide all performance and payment bonds for individual projects executed by a surety
company authorized to do business in the individual AEPA Member’s state and said surety to be
approved in federal circular 570 as published by the United States treasury department, the state
or the local governing authority, in an amount equal to one hundred percent of the price specified
in the contract; when required by an AEPA Member Agency or Participating Entity at the time a
contract is executed. If the Vendor Partner fails to deliver any required performance or payment
bonds, the AEPA Member Agency or Participating Entity must not execute the contract or
terminate the contract with the Vendor Partner and the appropriate AEPA Category Committee
must be notified of such failure and must take the appropriate action.
Brand Names: The use of the name of a manufacturer, brand, make or catalog number does not
restrict the Respondent. Brand names and model numbers are used to indicate the character,
quality, and/or performance equivalence of the commodity on which offers are submitted.
Respondents may submit alternates. However, the AEPA reserves the right to decide whether
alternatives to the identified manufacturer and brand are equal to the product, equipment, and/or
service described in the invitation. AEPA’s decision must be final.
AEPA 024 Part A – Terms and Conditions 12 Due: September 12, 2023, 1:30 p.m. ET
Buyer: Identifies the AEPA Member Agencies and their Participating Entities that acquire and
purchase commodities, supplies, materials, equipment, and services under AEPA Member
Agencies’ awarded contracts.
Captions, Headings, and Illustrations: The captions, illustrations, headings, and
subheadings in this solicitation are for explanation only and in no way define, limit, or describe the
scope or intent of the request.
Certification: By signature in the solicitation section of the Contract Award page, the Respondent
certifies: the submission of the offer did not involve collusion or other anti-competitive practices;
the Respondent must not discriminate against any employee, or applicant for employment in
violation of Federal and State Laws (see Federal Executive Order 11246); the Respondent has not
given, offered to give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in
connection with the submitted offer; and the Respondent agrees to promote and offer to AEPA
Member Agencies and Participating Entities only those materials and/or services as stated in and
allowed under resultant contract(s) awarded.
Christian Doctrine: Any federal, state, and local governing authority’s/jurisdiction’s statutes,
codes, rules, and regulations referenced and/or govern the products, services, and activities relating
to and are part of this solicitation, whether or not physically noted or included, must be complied
with, and adhered to as required. It is the sole responsibility of the Respondent to perform and
complete any necessary research and investigation required to make themselves aware of and
comply with this item.
Clarification: As used in this solicitation, clarification means communication with a Respondent
for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes
in the solicitation. It is achieved by explanation or substantiation, either in response to an inquiry
by the AEPA Member Agency or as initiated by the Respondent. Clarification does not allow the
Respondent to revise or modify its solicitation.
Commercially Available Catalog: A published paper catalog or an online website that is widely
distributed or accessible to a wide population or set of businesses across the United States. It is
made available to the general public, public or nonprofit entities and contains a verifiable price,
along with product descriptions, SKU numbers, and photographs. A commercially available catalog
is distinct from a custom catalog or website, whose prices and offerings are tailored to niche
audiences, or are targeted to a small geographic location. The prices published in a Commercially
Available Catalog will be considered a company’s base pricing or “commercially available pricing”
for the purpose of AEPA bids or proposals. All pricing must be in U.S. Dollars. AEPA will not
accept an artificial catalog or price list, or base price created for the purpose of responding to a
competitive solicitation.
Competitive Range: AEPA and its AEPA Member Agencies reserve the right to establish a
competitive range of acceptable responses as part of the evaluation process as defined herein.
Responses below the competitive range will be determined to be unacceptable and will not receive
further consideration.
Contract Documents: AEPA Member Agency will review proposed contract documents. Vendor
Partner’s contract document must not become part of AEPA Member Agency’s contract with
Vendor Partner unless and until an authorized representative of an AEPA Member Agency reviews
and accepts it.
Construction: Each AEPA Member Agency within their state statutes defines what constitutes
construction, identifies the policies, rules, regulations, and codes that govern construction projects.
AEPA has defined construction as building, altering, repairing, installing or demolishing in the
ordinary course of business any road, highway, bridge, parking area or related project; building,
AEPA 024 Part A – Terms and Conditions 13 Due: September 12, 2023, 1:30 p.m. ET
stadium or other structure; airport, subway or similar facility; park, trail, athletic field, golf course
or similar facility; dam, reservoir, canal, ditch or similar facility; sewage or water treatment facility,
power generating plant, pump station, natural gas compressing station or similar facility; sewage,
water, gas or other pipelines; transmission line; radio, television or other towers; water, oil or other
storage tanks; shaft, tunnel or other mining appurtenance; electrical wiring, plumbing or plumbing
fixture, gas piping, gas appliances or water conditioners; air conditioning conduit, heating or other
similar mechanical work; or similar work, structures or installations. Construction must also
include leveling or clearing land; excavating earth; drilling wells of any type, including
seismographic shot holes or core drilling; and similar work, structures, or installations.
Cooperative Procurement: Some individual state procurement codes may contain cooperative
purchasing statutes that state any state agency or local public body may either participate in,
sponsor or administer a cooperative procurement agreement for the procurement of any services,
construction or items of tangible personal property with any other state agency, local public body
or external procurement unit in accordance with an agreement entered into and approved by the
governing authority of each of the state agencies, local public bodies or external procurement units
involved. The cooperative procurement agreement must clearly specify the purpose of the
agreement and the method by which the purpose will be accomplished. Any power exercised under
a cooperative procurement agreement entered into according to each state’s procurement code
must be limited to the central purchasing authority common to the contracting parties, even though
one or more of the contracting, parties may be located in different states.
Cooperative Purchasing Contracts: The Vendor Partner agrees that all the prices, terms,
warranties, and benefits granted by the Vendor Partner to AEPA Member Agencies or Participating
Entities through this contract will be equal to or better than those offered to any individual
entities or cooperatives that have equal or lesser volume. If the Vendor Partner must, during the
term of this Contract, enter into arrangements with any customer or cooperative providing greater
benefits or terms that are more favorable, the Vendor Partner must notify the AEPA category
committee chairman and offer said prices, terms, warranties, and benefits to all AEPA Member
Agencies. The following must be noted:
1. AEPA and its AEPA Member Agencies reserve the right to accept or reject the Respondent’s
offer if it is determined it does not comply with the above based on their knowledge,
investigation, review, and findings of Respondents’ submitted prices.
2. In the event the Vendor Partner offers lower prices to another customer or cooperative, AEPA
and its AEPA Member Agencies must notify the Vendor Partner of the deviation and request
written justification. Based on AEPA and its AEPA Member Agencies’ investigation, review, and
findings, AEPA reserves the right to take the following actions: to request the Vendor Partner
to immediately adjust its AEPA’s offered prices to match the lower prices offered, to work with
the Vendor Partner to mediate and resolve the situation; or to notify the Vendor Partner that it
intends to suspend and/or terminate their contract.
Cost of Preparation: Neither AEPA nor any AEPA Member Agency must reimburse the cost of
developing, presenting, or providing any response to this solicitation.
Credit Hold: The Vendor Partner must agree not to place the AEPA Member Agency and/or its
Participating Entity on “credit hold” without 10-days advanced notice in writing, either by letter,
facsimile, or email to the AEPA Member Agency and the Participating Entity. The AEPA Member
Agencies believe it is better for the Vendor Partner if the AEPA Member Agency places the slow-
paying Agency Member on “credit hold;” if a Vendor Partner places the Participating Entity on
credit hold, agencies that pay promptly are penalized. If, on the other hand, the Member Agency
places the offending Participating Entity on “credit hold”, payment is more likely to result and only
the offender is disciplined.
Delivery Terms, Conditions, and Requirements
1. Delivery: is to be made within the specified time identified in Part B Specifications for each
solicitation category, unless otherwise stipulated in writing and accepted by all parties (Buyer
AEPA 024 Part A – Terms and Conditions 14 Due: September 12, 2023, 1:30 p.m. ET
placing order and Vendor Partner). The Vendor Partner agrees to notify the Buyer if an order
cannot be processed within the specified period and/or the agreed-upon timelines.
2. The title and risk of loss of material or service: must not pass to the Buyer purchasing
the material or services until it receives the material or service at the point of delivery (FOB
Destination), and they have been accepted, unless otherwise provided within this document or
individual project’s contract.
3. Ownership of products and services happens only after receipt and acceptance of delivery
by the Buyer. The Buyer will be the determining judge of whether materials and services
delivered under the purchase order/contract satisfy the specifications and requirements as
identified in the contract/order.
4. Fungible Goods: Title to an undivided share or quantity of an identified mass of fungible
goods will not pass to a Buyer until the separation of the purchased share has been made,
delivered, and received.
5. Shipping Terms: (See Part B Specifications for specific instructions on shipping and handling
costs for the individual category you are responding to.) Vendor Partner must retain the title
and control of all goods until they are delivered and received. All risks of transportation and all
related charges must be the responsibility of the Vendor Partner unless other arrangements
have been made between the vendor partner and the AEPA Member Agency. Shipping must be
FOB destination. The Vendor Partner must file all claims for visible or concealed damage. AEPA
Member Agency, or the receiving Buyer, will notify the Vendor Partner and/or Freight
Company promptly of any damaged goods and must assist the freight company/Vendor Partner
in arranging for inspection. No FOB vessel, car, or other vehicle terms will be accepted.
a. Shipping Costs: Products may be shipped without separate shipping costs. If shipping
is allowed as a separate line item per Part B Specifications and charged, the actual cost
of delivery may be added to an invoice. No COD orders will be accepted unless
specifically requested by the AEPA Member Agency.
b. Shipment under Reservation: Vendor Partner is not authorized to ship materials
under reservation and no tender of a bill of lading will operate as a tender of the
materials.
c. Shipping Errors: Vendor Partner agrees that shipping errors will be at the expense of
the Vendor Partner. For example, if a Vendor Partnerships a product that was not
ordered, it is the responsibility of the Vendor Partner to pay for return mail or shipment.
6. Stored Materials (vendor managed inventory): Upon prior written agreement between
Vendor Partner and Buyer, payment may be made for materials not incorporated in the work
but delivered and suitably stored at the site or some other location, for installation at a later
date. An inventory of the stored materials must be provided to the Buyer prior to payment. Such
materials must be stored and protected in a secure location and be insured for their full value
by Vendor Partner against loss and damage. Vendor Partner agrees to provide proof of coverage
and/or addition of Buyer as an additional insured upon Buyer’s request. Additionally, if stored
offsite, the materials must also be clearly identified as the property of the Buyer and be
separated from other materials. The buyer must be allowed reasonable opportunity to inspect
and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by
Buyer, it must be the Vendor Partner's responsibility to protect all materials and equipment.
Vendor Partner warrants and guarantees that title for all work, materials, and equipment must
pass to Buyer upon final acceptance. Payment for stored materials must not constitute final
acceptance of such materials.
7. Improper delivery: Unless contrary to other parts of this solicitation, if the goods, services,
or tender of delivery fail in any respect to conform and adhere to the terms, conditions,
specifications of the resulting contract based on this solicitation and/or the individual Buyer’s
contract/order. The Buyer may reject the whole, accept the whole, or accept any commercial
unit or units and reject the rest.
8. Defective Goods: Vendor Partner agrees to pay for return shipment on goods that arrive in a
defective or inoperable condition. Vendor Partner must agree to arrange for return shipment
of damaged goods.
9. Liquidated Damages: The Buyer may suffer financial loss if the project is not substantially
complete, or products or services are not delivered on the established date. The Vendor Partner
(if applicable surety) must be liable for and must pay to the Buyer, not as a penalty, the sums
AEPA 024 Part A – Terms and Conditions 15 Due: September 12, 2023, 1:30 p.m. ET
that may be hereinafter agreed upon as liquidated damages per calendar day of delay until the
work and/or delivery is determined by Buyer to be complete and/or delivered. Liquidated
damages will be determined on a project-by-project basis.
10. No Replacement of Defective Tender: Every tender of materials must fully comply with
all provisions of this contract. If tender is made which does not fully conform, this must
constitute a breach, and Vendor Partner must not have the right to substitute a conforming
tender without the written consent of all parties involved.
11. Default in One Installment to Constitute Total Breach: Vendor Partner must deliver
conforming materials in each installment or lot of this contract and may not substitute
nonconforming materials. The AEPA Member Agency reserves the right to declare a breach of
contract if the Vendor Partner delivers nonconforming materials or services to any Buyer
under this contract.
12. Restocking Fees: A restocking fee may only be charged on products ordered and delivered to
the Buyer’s site in accordance with the order/contract. Restocking fees in excess of 15% will not
be allowed. Restocking fees may be waived, at the option of the Vendor Partner. The Vendor
Partner must identify, specify, and justify any exceptions or deviations taken.
Deviations or Exceptions to Requirements: Deviations or exceptions stipulated in a
Respondent’s proposal may result in the rendering of the response non-responsive. AEPA and its
AEPA Member Agencies reserve the right to determine whether the deviation or exception does or
does not serve the interest of or is not advantageous or acceptable to AEPA, its AEPA Member
Agencies, or Participating Entities.
Disbarment and Suspension: By signature accepting Terms and Conditions, it is certified on
behalf of the company and their key employees that neither the company nor its key employees
have been proposed for debarment, debarred, or suspended by any State or Federal Agency within
the last five (5) years. If within the past five (5) years, any Respondent has been disbarred,
suspended or otherwise lawfully precluded from participating in any public procurement activity
with a federal, state or local government, the Respondent must include a letter with its response
that includes the name and address of the public procurement unit, the effective date of the
suspension or debarment, the duration of the suspension or debarment, and the relevant
circumstances relating to the suspension or debarment. Any failure to supply such a letter or to not
disclose in the letter all the pertinent information may result in the cancellation of any resulting
contract. By signing the solicitation section, the Respondent certifies that no current suspension
or debarment exists.
EDGAR (2 CFR 200) Compliance: Respondents are required to complete Education
Department General Administrative Regulations (EDGAR) compliance certification. EDGAR
regulations govern all federal grants awarded by the U. S. Department of Education on or after
December 26, 2014.
Eligible Entities: The individual AEPA Member Agency’s state procurement code and statutes
provide for cooperative procurement and identifies those types of agencies, entities, and
organizations that are allowed to participate in and take advantage of cooperative procurement
contracts solicited and approved by AEPA and awarded by AEPA Member Agencies. Therefore,
depending on the individual state procurement codes and statutes federal agencies, state agencies,
local public bodies, and Non-Profit/Non-Public entities may be allowed to participate in and utilize
AEPA solicited, approved and AEPA Member Agency awarded contracts.
Estimated Quantities: In Part B: Specifications of this solicitation, AEPA, and AEPA Member
Agencies have indicated their anticipated volume for the products and services requested. It is
anticipated that a considerable amount of activity will result from this solicitation; however, there
is no guarantee of future order quantities since this is an indefinite-quantity contract. Usage
depends on the actual needs of the AEPA Member Agencies, their Participating Entities, and the
marketing by the Vendor Partner.
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Experience, Proven Track Record and Past Performance Information: it has been
determined by AEPA and its AEPA Member Agencies to be a major factor in consideration if a
Respondent possesses the ability, capacity, and resources to acquire, manufacture, deliver,
construct, install, services and support all of the procurement functions and activities involved in a
national contract of this nature. AEPA and its AEPA Member Agencies reserve the right to accept
or reject an offer if, in its judgment, the Respondent failed to demonstrate the following: a proven
track record in the products and services offered (qualifications, knowledge, and background); is
willing and able to deliver the proposed products and/or services to ninety (90%) percent of those
participating AEPA Member Agencies identified in Part B (unless otherwise noted in Part B):
Specifications; and has provided relevant information regarding its actions under previously
awarded contracts to schools, local, state, or federal agencies. It includes the Respondent’s record
of conforming to specifications and standards of good workmanship; the Respondent’s record of
containing and forecasting costs on any previously performed cost-reimbursable contract
schedules, including the administrative aspects of performance; the Respondent’s history for
reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the
Respondent’s businesslike concern for the interests of the customer.
External Procurement Unit: means any procurement organization not located in a current
AEPA Member Agency state which, if located in the state, would qualify as a federal or state agency
or a local public body. Various state procurement codes allow external procurement units to offer
their contracts and for agencies within those states to utilize those contracts to acquire goods and
services.
Federal Agency [25] USC 3001 (4): Is defined as any department, agency, or instrumentality
of the United States, any executive department, military department, government corporation,
government-controlled corporation, or other establishments in the executive branch of
government, including the Executive Office of the President or any independent regulatory agency
established through legislative and/or administrative action.
Federal Requirements: Vendor Partner agrees, when working on any federally-assisted projects
with more than $2,000 in labor costs, to comply with the Contract Work Hours and Safety
Standards Act (40 U.S.C. 329 et seq.) and all applicable sections of the act and the Department of
Labor’s supplemental regulations (29 CFR parts 5 and 1926), the Civil Rights Act of 1964 as
amended, the Davis-Bacon Act (Section 29, CFR Part 5), the Copeland “Anti-Kickback” Act (18
U.S.C. 874) as supplemented in the Department of Labor regulation (29 CFR part 3), and the Equal
Opportunity Employment requirements of Executive Order 11246 as amended by Executive Order
11375 (Labor regulations (41 CFR Part 60)). In such projects, the Vendor Partner agrees to post
wage rates at the worksite and submit a copy of their payroll to the AEPA Member Agency for their
files. Also, to comply with the Copeland Act, the Vendor Partner must submit weekly payroll records
to the AEPA Member Agency. The Vendor Partner must keep records for three (3) years and allow
the federal grantor agency access to these records, upon demand. All federally assisted contracts to
an AEPA Member Agency that exceed $10,000 may be terminated by the federal grantee for
noncompliance by the Vendor Partner. In projects that are not federally funded, Vendor Partners
must agree to meet any federal, state, or local requirements, as necessary. Also, if compliance with
the federal regulations increases the contract costs beyond the agreed-on costs in this solicitation,
the additional costs may only apply to the portion of the work paid by the federal grantee. On all
other projects, the prices must agree with this contract. Vendor Partner must comply with all
applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42
U.S.C.) 187 [h], and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. Seq.);
and, Executive Order 11738 and Environmental Protection Agency (EPA) regulations (40 CFR Part
15), which prohibit the use under non-exempt federal contracts, grants, or loans of facilities
included in the EPA list of violated facilities.
Force Majeure: Except for payments of sums due, neither party must be liable to the other, nor
be deemed in default under this contract, if, and to the extent, that such party’s performance of this
contract is prevented by reason of force majeure. The term “force majeure” means an occurrence
that is beyond the control of the party affected and occurs without its fault or negligence, including,
AEPA 024 Part A – Terms and Conditions 17 Due: September 12, 2023, 1:30 p.m. ET
but not limited to the following: acts of God; acts of the public enemy; war; riots; strikes;
mobilization; labor disputes; civil disorders; fire; flood; blizzards; earthquakes; tornadoes or
violent winds; hail storms; lockouts; injunctions-intervention-acts, or failures or refusals to act by
government authority; and other similar occurrences beyond the control of the party declaring
force majeure, which such party is unable to prevent by exercising reasonable diligence. The force
majeure must be deemed to commence when the party declaring it notifies the other party of the
existence of the force majeure and must be deemed to continue as long as the results or effects of
the force majeure prevent the party from resuming performance in accordance with the contract.
Force majeure must not include late deliveries of equipment or materials caused by congestion at
a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or similar
occurrences. If either party is delayed at any time by force majeure, the delayed party must notify
the other party in writing of such delay within forty-eight (48) hours.
Form of Contract: The form of contract for this solicitation must be the published solicitation,
the awarded Vendor Partner’s response, and properly issued purchase orders and/or contracts in
accordance with this solicitation. If a firm submitting an offer requires AEPA Member Agency
and/or Participating Entities to sign an additional contract, a copy of the proposed contract must
be included with these.
Gratuities: AEPA Member Agency may, by written notice, cancel this contract if it is found that
gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor
Partner or any agent or representative of the Vendor Partner, to any employee of the AEPA Member
Agency with a view toward securing a contract or with respect to the performance of this contact.
However, paying the expenses of normal business meals, which are generally made available to all
eligible school and government employees, must not be prohibited by this paragraph. Samples of
software, equipment, or hardware provided to the AEPA Member Agency for demonstration,
evaluation, or loan purposes are not considered gratuities.
Historically Under-Utilized Business: An “Historically Under-Utilized Business” (HUB) is a
category for companies that have traditionally failed to reap the benefit from full and equal
procurement opportunities. Typically, these types of companies may include women-owned,
disabled veteran-owned, and minority-owned businesses or operations defined as small business,
micro businesses, or businesses operating in enterprise zones. For the purpose of the IFB, a Bidder
opting to offer a HUB program, may self-define the types of HUB businesses it includes in its
network of HUB partners and the role they play; however, the Bidder must ensure that the partner-
authorized HUBs provide a “Commercially Useful Function.” As it related to HUB businesses, a
“Commercially Useful Function” (CUF) is work that is integral to sales, delivery, or supply-chain
solution, and not a mere façade for the pass through of goods. Examples of HUB work that qualify
as a Commercially Useful Function include instances when HUBs:
• Execute a specific element of the scope of work including supplying of goods and services.
• Provide services work that is normal for the firm’s assortment of business services.
• Are fully or partially responsible for paying for wholesale materials, conducting sales,
installation of products, delivery of products.
• Do not subcontract a portion of the work greater than expected by industry practices.
• Act as resellers, buying products wholesale from the awarded Vendor/Contractor.
Indemnification: Vendor Partner will indemnify, defend and save harmless AEPA, its Members,
Participating Entities, its employees from any and all claims, demands, suits, proceedings, loss, cost
and damages of every kind and description, including any attorney’s fees and/or litigation
expenses, which might be brought or made against or incurred by AEPA, its Members, Participating
Entities, its employees on account of loss or damage to any property or for injuries to or death of
any person, caused by, arising out of, or contributed to, in whole or in part, by reasons of any act,
omission, professional error, fault, mistake, or negligence of Vendor Partner, its employees, agents,
representatives, or Subcontractors, their employees, agents, or representatives in connection with
or incident to the performance of this agreement, or arising out of worker’s compensation claims,
unemployment compensation claims, or unemployment disability compensation claims of
AEPA 024 Part A – Terms and Conditions 18 Due: September 12, 2023, 1:30 p.m. ET
employees of Vendor Partner, and/or its Subcontractors or claims under similar such laws or
obligations. Vendor Partner’s obligation under this section will not extend to any liability caused
by the sole negligence of AEPA, its Members, participating Entities, its employees. The liability of
AEPA, its Members, Participating Entities, or its employees will be subject in all cases to the
immunities and limitations of Nevada or the AEPA Member Agency’s state laws. Installation:
Equipment and items of construction must be installed in accordance with the manufacturer’s
instructions, specifications, in accordance with any federal, state, local rules, regulations, codes,
and the schedule determined by the AEPA Member Agency and/or Participating Entity.
Insurance: Prior to executing a contract with the AEPA Member Agency or a Participating Entity
under this solicitation, if required, the Vendor Partner must procure, maintain and provide
certification from insurer(s) for minimal coverage during the life of any resulting
contract/agreement, to include but not limited to comprehensive public and/or commercial
liability, errors and omissions, workman’s compensation, unemployment and other insurance
coverage required by and applicable to each AEPA Member Agency state’s statutes and federal laws
in which proposed products and services will be offered and provided. Evidence of the required
insurance for each of those AEPA Member Agencies' state, who indicated an interest to participate
in this solicitation, identified in Part B: Specifications by providing written evidence and/or
documentation from your insurer(s) indicating your firm has in place the type and amount of
coverage required by each of the states. The Bidder has the sole responsibility to conduct and
perform the necessary research to make themselves aware of and to understand each state's
requirements.
1. Certificate of Insurance: The Vendor Partner must provide, as required, a certificate of
insurance for commercial liability insurance naming the AEPA Member Agency and or its
Participating Entity as the certificate holder (co-insurer). All insurance policies are to be
executed by an insurance company authorized to do business in those AEPA Member Agencies’
states participating in this solicitation.
2. Subcontractor’s Insurance: Prior to commencing any work, any Subcontractor must procure
and maintain, at its own expense until final acceptance of the work, insurance coverage in a
form, and from insurers acceptable to the prime Vendor Partner. All Subcontractors must hold
the appropriate type and amount of insurance coverage required by the AEPA Member Agency
state in which the work is being done and will provide insurance, which waives all subrogation
rights against the prime Vendor Partner, AEPA Member Agency and its Participating Entities.
Invalid Term or Condition: If any term or condition of this solicitation and any resulting
contract must be held invalid or unenforceable, the remainder of this solicitation and any resulting
contract must not be affected and must be valid and enforceable.
Late Responses: Late responses will not be accepted. All offers must be submitted online via
Public Purchase by the due date and time of this solicitation.
Leases and Rentals: Vendor Partner may allow AEPA Member Agency or Participating Entity to
rent, lease, or lease-purchase. The buyer must receive a copy of the executed leasing documents
prior to processing a purchase order. Vendor Partner agrees that leases will comply with the
Uniform Commercial Code and the Buyer’s individual state laws. All terms of leasing must be
included in the offer, with interest rates described as related to a published government standard.
Vendor Partner must indicate in their response to this solicitation and in any leasing/rental
agreement, all costs (must be itemized) associated with early termination and/or the returning of
leased or rented equipment that are the responsibility of the Buyer. No sale of a contract to a third
party will be made without informing the Buyer of the transfer. If Vendor Partner sells a lease
contract to a third party, the cost of return of the product must not be greater than the cost of return
to the original Vendor Partner.
Legal Remedies: All claims and controversies must be subject to the Procurement Code of the
state in which the AEPA Member Agency or Participating Entity resides.
AEPA 024 Part A – Terms and Conditions 19 Due: September 12, 2023, 1:30 p.m. ET
Licenses and Registration: Each state and local jurisdictions in which a transaction may occur
may require various types of licenses and/or registrations (business, construction Vendor Partner,
etc.). Likewise, there are various policies, procedures, rules, regulations, codes, and laws that
govern such licensing/registration within federal, state, and local jurisdictions, therefore, it is the
Respondent’s/Vendor Partner’s responsibility to be aware of, obtain and maintain in current status
all federal, state, and local licenses, registrations and bonds required for the performance and
delivery of any and all products and services offered in its response to this solicitation. It is also the
responsibility of the Respondent/Vendor Partner to ensure that any Subcontractors performing
under this solicitation hold and maintain the appropriate licenses/registrations. The Respondent
will submit copies of licenses, registration, and/or other documentation to substantiate they hold
the appropriate licenses/registration required by individual jurisdictions covered by this
solicitation.
Liens: All materials and services must be free of all liens.
Local Public Body: A political subdivision of the state and the agencies, instrumentalities, and
institutions thereof. Such agencies may include but are not limited to two-year and four-year post-
secondary educational institutions, pre-k-12 institutions, counties, cities, and municipalities,
except as exempted pursuant to the Procurement Code within each state. Entities within these
groups may include but are not limited to political subdivisions, administrative units, councils,
commissions, boards, and organizations that either by federal, state, or local legislative or
administrative action or appointment and have been established or given the responsibility and
authority to act, conduct and perform various activities on behalf of the federal or state agency or
local public body.
Manufacturer's Representative: Dealers, distributors, and installers of specialized facility
technology, electrical, mechanical systems and equipment, who, if permitted by the Scope of Work,
submit an offer as a manufacturer’s representative, must be able to provide documented evidence
from and/or between it and the manufacturer certifying that the Respondent is a bona fide
manufacturer’s agent for the specific products/services proposed, the Respondent is authorized to
submit an offer on such products/services, and a guarantee that, should the Respondent fail to
satisfactorily fulfill any obligations established as a result of the award of contract, the
manufacturer will either assume and discharge such obligations covered by warrantees or provide
for their competent assumption by one or more bona fide representatives for the term of the
contract/warrantee period. Respondents of software, mechanical devices, electrical
products/systems, and other commodities that makeup systems/networks must be able to provide
the same information from a manufacturer.
Modification by Buyer: Vendor Partner must have no obligation with respect to any patent and
copyright infringement claim based upon Buyer’s modification of the equipment and/or software,
or its operation or use with apparatus, data or programs not furnished by Vendor Partner.
However, one Buyer’s action will not preclude Vendor Partner’s obligation to others not having
modified their equipment or software.
Money: All transactions are payable in U.S. currency only. Multiple Approvals and Awards:
throughout the United States, AEPA Member Agencies have a large number of Participating
Entities who take advantage of and utilize awarded contracts. To assure that any issued contract
will allow these entities to fulfill current and future needs and requirements, AEPA and its AEPA
Member Agencies reserve the right at its discretion to approve and/or award one contract, multiple
contracts, or no contracts. The actual use of any contract will be at the sole discretion of the AEPA
Member Agency or the Participating Entity.
Nonexclusive Contract: Any contract resulting from this solicitation must be approved and
awarded with the understanding and agreement that it is for the sole convenience of the AEPA, its
AEPA Member Agencies, their Participating Entities and they reserve the right to obtain like goods
and services from another source.
AEPA 024 Part A – Terms and Conditions 20 Due: September 12, 2023, 1:30 p.m. ET
Nonprofit, Non-Public Educational Institutions, and other Nonprofit Organizations
(Section 501(c)(3) of the Internal Revenue Code, Federal Tax Code): is defined as
charitable, religious, educational, public service, support, and scientific organizations, entities,
corporations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue
Code, or corresponding section of the Federal Tax Code.
Notice: Notices under this solicitation/contract will be in writing and will, for all purposes, be
deemed to have been fully given when sent by registered or certified mail, return receipt requested,
postage prepaid, an email with appropriate verification, properly addressed to the respective
parties as specified herein or at such other address as may be specified by either party from time to
time.
Novation: If the original Vendor Partner sells or transfers all assets or the entire portion of the
assets used to perform this contract, a successor in interest must guarantee to perform all
obligations under this contract. AEPA and its AEPA Member Agencies reserves the right to
recommend approval, acceptance, or rejection of the new party. A simple change of name
agreement will not change the contractual obligations of the Vendor Partner.
Ordering Procedures: AEPA has established a standard and special ordering process as defined
below. Additionally, some AEPA Member Agencies also prefer or utilize electronic ordering as the
method for the transactions. For details on the ordering processes utilized for each AEPA Member
Agency, please reference the Summary of State General Overview.
1. Standard Ordering Process: Buyer will select items for purchase from provided published
catalog/price list or Vendor Partner will issue a quote upon request; the vendor will also send a
copy of their quote to the state AEPA Member Agency for all construction-related bids. The
buyer will prepare and issue a purchase order to the Vendor Partner based on the product
catalog, price list, or Vendor Partner’s quote. Vendor Partner will deliver and invoice the Buyer;
Buyer will acknowledge delivery and acceptance by issuing the Vendor Partner payment.
Vendor Partner, based on the agreed-to process, will report and submit payment for the AEPA
Member Agency’s administrative fee to the AEPA Member Agency (quarterly). The vendor
Partner must provide the transaction and volume reporting in the AEPA report format.
2. Special Ordering Process:
a. Buyer will select items for purchase from provided published catalog/price list or
Vendor Partner will issue a quote upon request;
b. Buyer will prepare and issue a purchase order to the AEPA Member Agency based on
the product catalog, price list or Vendor Partner’s quote;
c. Vendor Partner will deliver the goods and/or service to the Buyer and will invoice the
AEPA Member Agency;
d. AEPA Member will invoice the Buyer and add their administrative fee to the invoice
price;
e. AEPA Member will pay Vendor Partner for the goods and/or service once the Buyer has
confirmed acceptance.
f. The vendor Partner must provide the transaction and volume reporting as stipulated
quarterly in the AEPA report format.
3. Electronic Ordering
When a Vendor Partner based online ordering system is available, the following functionality
is required:
a. Electronic ordering systems must be secure, and password protected. Entering the
system with the designated password must automatically send the user to AEPA
contract pricing.
b. When the Buyer requires purchase orders, electronic ordering system must require the
entry of a purchase order number, credit card, or purchasing card prior to accepting an
order.
c. Electronic ordering systems must automatically assign correct contract prices to
applicable orders.
d. Electronic ordering systems should list catalog price and AEPA discounted price.
AEPA 024 Part A – Terms and Conditions 21 Due: September 12, 2023, 1:30 p.m. ET
e. Electronic ordering systems must track orders and purchases covered by the AEPA
contract for reporting and audit purposes. The vendor Partner must provide the
transaction and volume reporting in the AEPA format.
f. Electronic ordering systems’ pricing must include the AEPA Member Agencies
administrative fee required by the AEPA Member Agencies.
g. Electronic ordering systems should allow AEPA Member Agencies to print an archived
(historical) copy of a Buyer’s order.
Order of Precedence: In the event a conflict occurs the following order of precedence must
prevail:
1. Member Agency specific terms and conditions
2. Specifications and scope of work
3. General terms and conditions
4. Attachments and exhibits
5. Documents referenced or included in the solicitation.
Overcharges by Antitrust Violations: Member Agency maintains that, in actual practice,
overcharges resulting from antitrust violations are borne by the Buyer. Therefore, to the extent
permitted by law, the Vendor Partner hereby assigns to the Member Agency any and all claims for
such overcharges as to the goods or services used to fulfill the contract.
Parole Evidence: This contract represents the final written expression of agreement. All
agreements are contained herein and no other agreements or representations that materially alter
it are acceptable.
Participating Entity: Those Public and Private School Districts, Educational Service Agencies,
Intermediate School Districts, Higher Education Institutions, Federal Agencies, State Agencies,
Local Public Bodies, and Nonprofit Non-Public Corporations, Organizations, other entities
contracted to conduct business on behalf of a participating entity provided they are required to
follow member state and local procurement regulations, etc. that have authorizations to utilize the
AEPA Member Agencies’ Awarded Contracts.
Patent and Copyright Indemnification: To the extent permitted by law, Vendor Partner must
indemnify and hold harmless Member Agency and its Participating Entities against any liability,
including costs and expenses, for infringement of any patent, trademark or copyright arising out of
contract performance or use by Member Agency and its Participating Entities of materials
furnished or work performed under this contract. Member Agency and its Participating Entities
must reasonably notify Vendor Partner of any claim for which it may be liable under this paragraph.
Piggyback Contracts: In the event a new Member Agency joins AEPA, the Member Agency may
elect to award any and all existing contracts if permissible by their State laws.
Prevailing Wage: Where applicable, the Vendor Partner must comply with prevailing wage
legislation in effect in the jurisdiction of the awarding AEPA Member Agency.
Pricing: AEPA has identified and stipulated the type of bid and the pricing methodologies that
are to be utilized to price and submit bid or proposal prices. The Vendor Partner agrees that the
cost for any item bid or offered on this contract will be uniform for all states and that any
differences in pricing are due to state-specific installation and labor costs, AEPA Member
Agency’s Administrative Fee, or other approved reasons. The Respondent must provide their
pricing as requested utilizing the various pricing methodologies specified. The
Respondent/Vendor Partner must agree that they will not offer or provide a better
price to any individual entities or cooperatives with equal or lesser volume than
that through AEPA. Please note the following that relates to pricing:
1. Primary Pricing Strategies for Bids: All Respondents will be required to submit
AEPA 024 Part A – Terms and Conditions 22 Due: September 12, 2023, 1:30 p.m. ET
“Primary Pricing” in the form of either “Catalog Pricing” or “Line-Item Pricing” or a
combination of these two pricing strategies, or Proposal (RFP) pricing as defined in Part B,
solicitation specifications. Respondents are also encouraged to offer OPTIONAL pricing
strategies including short term pricing discounts/incentives and volume discounts.
a. Catalog Pricing: Catalog pricing is utilized when the products and/or services solicited
are clearly identified with set and specific characteristics, attributes, and configurations
that are identifiable as a stand-alone single unit and can be listed and priced as a single
unit with options that can be added to enhance and/or improve its operation and
functionality. The Respondent offers a fixed discount(s) off the retail price, catalog price,
published price, or list price. The discounts may be for the entire commercially available
catalog, for specific products, product lines, manufacturers, or category of products as
determined by the Respondent and in conformity with the scope of the solicitation.
i. Discounts: Discount offers must clearly identify the percent of discount to apply
to a commercially available catalog, manufacturer, manufacturer's suggested retail
price (MSRP), retail, or nationally published price lists. Respondents must
identify and stipulate if the discounts apply to the entire catalog/price list, specific
product lines, manufacturers, and/or categories of products. Respondents must
agree that there will be no reduction in discount(s) during the term of the contract.
ii. New Catalogs/Price Changes: New catalogs and corresponding nationally
published price lists may be submitted throughout the term of the contract and
must be submitted to the AEPA Category Committee for review prior to release
to all AEPA Member Agencies. Prices may change based on manufacturer’s price
changes, newly published pricing, or price lists, but the original discount bid must
remain firm for the duration of the contract. New catalogs/products must conform
to the scope of the solicitation.
iii. Core List: In a Catalog Priced solicitation, a category (i.e., office supplies) may
include a “core list” which contains a selection of the most commonly used
products/services with the expectation that a deeper discount would be bid for
these items. If a new catalog and price list are published during the contract term,
the original discounts must be applied to the newly published prices to establish the
AEPA price for these core items.
iv. Product Addition/Discontinuation: New products, within the same scope
of work, may be added at the established percentage discounts at any time.
Discontinued products may be dropped at any time during the year. In the event a
Core item is discontinued by the manufacturer during the term of the contract,
Vendor Partner is required to add a functionally equivalent substitute at the
same discount structure.
b. Line-Item Pricing: Line-item pricing is utilized when products and/or services that are
broken down in detail by element, component, product categories, product type, and each
product and/or service is presented as an individual item which needs to be combined with
other items to make up a final project or solution. The Respondent offers firm pricing for
specific line items in response to this bid; a project’s cost is derived by the Vendor Partner
preparing and providing a quote based on the project’s terms, conditions, and
requirements based on the line- i t e m pricing provided in the bid. The information
provided in this bid for each item includes: Product Category, Product Description,
Manufacturer, Manufacturer SKU, Vendor SKU, Unit of Measure, Item List Price, AEPA
Bid Price.
i. Fixed prices: Prices bid must be firm until each anniversary date of the contract,
unless there is an occurrence of one or more economic price adjustment
contingencies outlined in the bid. Fixed price offers must include prices for any
and all items.
ii. Routine Price Adjustments (Without Economic Price Adjustment):
Vendors may request adjustments to the prices by submitting a fully documented
written request to the AEPA Category Committee Chairperson. The request must
specifically detail and document the cause and/or reason for price changes and
include any supporting documentation (manufacturer’s letter, indexes, etc.). All
AEPA 024 Part A – Terms and Conditions 23 Due: September 12, 2023, 1:30 p.m. ET
price changes require approval by the AEPA Category Committee.
iii. Unpredictable Economic Price Adjustment: If economic price adjustment
contingencies occur, Vendor Partner may submit a fully documented request
(manufacturer’s letter, indexes, etc.) for a price adjustment to AEPA Category
Committee for review and approval by the committee. The documentation must
substantiate the cause and/or reason for the requested price increase and
demonstrate that it was unpredictable at the time of bid submittal and/or contract
renewal and out of the Vendor Partner’s control. Pricing will take effect upon
approval.
iv. New Products/Services: Vendor Partner may submit new products or
technologies that are within the original scope of work for the bid, to be added
to the contract pending review and approval of the AEPA Category Committee.
Requests should be submitted to the AEPA Category Committee for review and
written approval.
c. Automated System for Pricing (ASP): The method consisting of an ASP and/or
software application (e.g., RSMeans) that is self-contained and consists of a turn-key
solution that includes a complete line-item listing of all of the products, supplies, materials,
equipment, services, accessories and options with their description, specifications, terms,
conditions and associated pricing for each item, sub-assemblies and/or assemblies. The
Bidder provides a percent of discount or fixed multiplier/factor to be applied to total project
cost to allow for individual state conditions and requirements and to arrive at the AEPA
price.
d. RSMeans (Construction Related Bids only): It is important for Vendor Partners to
breakout all costs (quantity and price) of all items listed under RSMeans or an Alternative
Pricing method. This includes all quoted items not on the approved AEPA bid submittal.
The following are minimum requirements for using RSMeans for quoting projects to AEPA
Member Agencies:
i. The Contractors must use the current year and standard cost data. Only the
following cost data titles will be excepted:
a. Building Construction Cost Data Book
b. Facilities Construction Cost Data
c. Facilities Maintenance & Repair Cost Data
d. Site Work & Landscape Cost Data Book
ii. All work proposed under RSMeans must use RSMeans format, even if
subcontractors are used.
iii. An RSMeans spreadsheet must be submitted to substantiate the quote given to the
AEPA Member Agency. The spreadsheet columns must reveal the full RSMeans
number and a sufficient amount of the description. This also applies to change
orders.
iv. Pricing must be done by Location codes. National Average will not be allowed. To
choose the “closest” location code, the first three (3) numbers of the zip code will
be used to determine the city location index in the AEPA Member Agency State.
v. The AEPA contract holder factor, bonding cost, AEPA discount, and taxes if
applicable must be shown as separate line items at the bottom of the RSMeans
spreadsheet. This information can be shown on a separate summary sheet. The
summary sheet must start with the RSMeans spreadsheet total and show the
detail for each of the items stated above. This detail will be provided to that
AEPA State Agency and the AEPA Buyer as required.
vi. All change orders which list items covered by RSMeans must be supported by an
RSMeans spreadsheet.
e. Alternative Method of Costing: This method covers any product and/or service not
covered by catalog pricing, published price list, line-item price list, automated system for
pricing, or is a product and/or service due to the projects or applications specifications,
AEPA 024 Part A – Terms and Conditions 24 Due: September 12, 2023, 1:30 p.m. ET
conditions and /or requirements that need to be custom-designed, developed,
manufactured and/or produced to meet the requirements of an individual, project, or sole
source. The alternative pricing is calculated as follows:
i. The Bidder must prepare, issue, and receive three written quotes from available
suppliers and select the supplier that offers the products and services that meet
the stipulated requirements and specifications, offers the best value, and the most
cost-effective solution.
ii. All quotes must be made available upon request.
iii. The Bidder must indicate the percent of overhead and /or markup as part of their
response to be added to these costs to obtain the normal and customary retail price.
iv. The AEPA price is calculated by taking the product and services to cost to the
Contractor plus the indicated percent of profit/overhead to equal the normal and
customary retail price. The Contractor will then subtract the approved AEPA
discount to obtain the AEPA price. Example: item cost $1,000; percent of
profit/overhead of 20% equals retail price of $1,200; less the AEPA discount of
10% or $120 equals the AEPA price of $1,080.
2. Secondary Pricing Methods (Catalog based solicitations only, see Part B for
category designation): Respondents are encouraged to offer Customized Price Lists
(Catalog solicitations ONLY), as well as short term pricing reductions/incentives and volume
discounts as follows:
a. Customized Price List: Respondents are encouraged to offer customized price lists to
Participating Entities for items within the Vendor Partner’s Commercially Available
Catalog for Catalog solicitations ONLY (not pertinent to Line-Item Bids). Customized
price lists must be allowed under the following conditions:
i. Items within the Vendor Partner’s Commercially Available Catalog may be included
on the customized price list providing they are not already on the Core Item list.
ii. Items are to be determined by the Participating Entity; Vendor Partner may object
to up to ten (10) of the suggested items proposed by the customer and must
offer substitutes until an agreement of the customized list is reached.
iii. Items on the customized price list must be sold with an additional discount
(deeper than what was originally bid on the non-core or catalog discount)
iv. Items may not include special order or customized service products unless agreed
to by the Vendor Partner.
b. Short Term Pricing Reductions/Incentives and Regional Promotions:
Respondents are invited, at their option, to offer a selection of products/services at greater
discounts than those listed in the standard catalog or core list discounts. Special time-
limited reductions are permissible under the following conditions:
i. The price reduction is for a specific period, no less than thirty (30) days.
ii. The reduction/incentive may be used to discount and liquidate close-out and
discounted products/services if those items are clearly labeled as such.
iii. The original price for products/services is not exceeded after the time limit.
iv. The AEPA Category Committee and any affected AEPA Member state must be
notified of any special or time-limited price reduction.
v. New prices must be on record fifteen (15) days prior to any offer of the new priced
being proposed or offered to AEPA Member Agencies and Participating Entities.
vi. Pricing for all items must be submitted to all affected AEPA Member Agencies in
an electronic format so that specials can be posted to websites, emailed, and shared
with Participating Entities/Buyers.
c. Volume Price Discounts: Respondents are encouraged to offer additional pricing
discounts that may be offered for a group of agencies in a local geographic area that
desire to combine requirements (one- time purchase or annual spend), i.e., local city,
county, school district(s), etc. and/or for large one- t i m e purchases. Additional volume
price discounts are permissible under the following conditions: Discounts should be
tiered and based on spend ranges as established by the Bidder on the Pricing Forms.
Volume determination must be determined between the Vendor Partner and the
AEPA 024 Part A – Terms and Conditions 25 Due: September 12, 2023, 1:30 p.m. ET
individual Buyers on a case-by-case basis. All additional discounts are to be offered equally
to all AEPA Member Agencies and Participating Entities and be based on the Volume
Price Discounts originally bid providing the same or similar volume commitment, specific
needs, terms and conditions, a similar time frame, seasonal considerations and provided
the same manufacturer support is available to the Vendor Partner.
3. Proposal Pricing: For services priced through an AEPA Request for Proposal, vendors may
respond with a discount off labor and material costs. Labor must be sufficiently itemized by
title and include total rate (salary and fringe). Material costs must be itemized. Any Vendor
Partner awarded under a time and materials pricing strategy must provide a “not to exceed”
project quote to the purchasing Agency for work approval.
Prime Vendor Partner: For the purpose of this solicitation, a Vendor Partner will be considered
a prime Vendor Partner and not a Subcontractor. Any Vendor Partner paid directly by the AEPA
Member Agency or Participating Entity is a prime Vendor Partner; a Vendor Partner pays a
Subcontractor. Prime Vendor Partners using Subcontractors are responsible for all actions of its
Subcontractors.
Procurement Code: All Respondents/Vendor Partners must make themselves aware of and
comply with all federal, state, and local statutes and regulations.
Products and Services
1. Product Line: If applicable, contracts will be awarded to Respondents able to provide their
complete product line(s) of commodities, supplies, equipment, software, and services that meet
the scope of work and specifications of this solicitation. Respondents with a published, priced
catalog may submit their entire catalog; AEPA reserves the right to select or reject products
within the catalog for recommendation without having to award all the contents.
2. Serial Numbers: Offers must be for equipment on which the original manufacturer’s serial
number has not been altered in any way.
3. Current Products: All offers must be for commodities, supplies, equipment, supplies, and
software in current production; meet or exceed commercial and industry standards; and
marketed and provided nationally to the general public and/or educational/governmental
agencies.
4. Construction Products and/or Services: Are associated with building, erecting, altering,
repairing, installing or demolishing in the ordinary course of business any: (1) road, highway,
bridge, parking area or related project; (2) building, stadium or other structure; (3) airport,
subway or similar facility; (4) park, trail, athletic field, golf course or similar facility; (5) dam,
reservoir, canal, ditch or similar facility; (6) sewage or water treatment facility, power
generating plant, pump station, natural gas compressing station or similar facility; (7) radio,
television or other tower; (8) shaft, tunnel or other mining appurtenance; (9) electrical
wiring, plumbing or plumbing fixture, gas piping, gas appliances or water conditioners; (10) air
conditioning conduit, heating or other similar mechanical work; or similar work, structures or
installations; (11) leveling or clearing land; (12) excavating earth; (13) drilling, wells of any type,
including seismographic shot holes or core drilling; and similar work, structures or
installations.
5. Services: Are defined as the furnishing of labor, time, or effort by a Vendor Partner not
involving the delivery of a specific tangible product other than reports and other materials
which are merely incidental to the required performance.
6. Professional Services: Services relating to architects, archeologists, engineers, surveyors,
landscape architects, medical arts practitioners, scientists, management and systems analysts,
certified public accountants, registered public accountants, lawyers, psychologists, planners,
researchers, educational specialist, construction managers and other persons or businesses
providing similar professional services, which may be designated as part of this solicitation.
7. Peripheral & Optional Items: Respondents can include various peripheral products,
equipment, accessories, services, deliverables, and related items that are associated with and
function with the primary offering. Optional equipment or products may be added to the
AEPA 024 Part A – Terms and Conditions 26 Due: September 12, 2023, 1:30 p.m. ET
contract during the term of the contract. AEPA reserves the right to accept or reject such
offerings under the following conditions: the enhancement is recommended by AEPA and
approved by the Member Agency; the option is priced at a discount similar to other options;
and the option is an enhancement to the unit.
8. Descriptive Literature and Brand Names: All offers are to include a complete set of the
manufacturer’s descriptive literature regarding the commodities, supplies, materials,
equipment, and software offered. Brand names, trade names, and/or catalog numbers used in
the solicitation will be intended to describe and identify the type, level, and quality of products,
equipment, and software being requested.
9. Discontinued Products: If a product or model is discontinued by the manufacturer, Vendor
Partner may substitute a new product or model if the replacement product meets or exceeds the
specifications and performance of the discontinued model and if the discount is the same or
greater than the discontinued model.
10. Product Specifications: This solicitation is designed to enable a Respondent to satisfy a
requirement for a commodity, supply, material, equipment, software, process, or service. A
specification may be expressed as a standard, a part of a standard, or independent of a standard;
by specifying a manufacturer’s brand and model. No specification is intended to unnecessarily
limit competition by eliminating items capable of satisfactorily and/or meeting the actual needs
of the procurement. When a brand name product is specified and is only available for a single
source, Respondents are encouraged to offer alternative products that they believe to adhere to
and comply materially, functionally, and operationally equal to or better than the brand name
product specified. Any Respondent believing a specification is unnecessarily
restrictive, must indicate such in the form of a question during the solicitation
process and prior to solicitation due date. The fact that a manufacturer or supplier
chooses not to produce or supply the commodity, supply, material, equipment, software, or
services to meet these specifications will not be considered sufficient cause to adjudge these
specifications as restrictive. If the Respondent deviates from these specifications, reasons must
be stated for such deviation and state why, in their opinion, the commodity, supply, material,
equipment, software, or services they bid will render equivalent reliability, coverage,
performance, and/or service. Failure to detail all such deviations may comprise sufficient
grounds for rejection of the entire offer.
11. Quality: Unless otherwise modified elsewhere in this solicitation, Vendor Partner warrants the
commodities, supplies, materials, equipment, and services delivered as stipulated in the Buyer’s
purchase order/contract, must be: of quality to pass without objection in the industry and
professional standards normally associated with them; fit for the intended purpose(s) for which
they are used; of even kind, quantity and quality within each unit and among all units, within
the variations permitted by the contract; adequately offered, presented, delivered,
accomplished and complete as the contract may require; and conform to the written promises
and/or oral affirmations of fact made by Vendor Partner.
Product Information, Catalogs, and Price Lists: Respondents must include an electronic
copy of the latest edition of the commercially available catalog and price lists that the discount will
be applied to with the response. Throughout the term of the contract, Vendor Partner(s) must
furnish all AEPA Member Agencies and their Participating Entities with copies of approved
commercially available catalogs and price lists in the format desired (electronic, paper, online
shopping cart, etc.).
Progress Payments: Progress payments are allowed on purchases for goods and services under
the following conditions: The Buyer and the Vendor Partner agree to the terms of the progress
payments prior to issuing a purchase order; the purchase order describes the amounts to be paid
and the date of payment; the Buyer has a satisfactory method of verifying progress described in
writing in a letter or on the purchase order; that payments will only be made when actual goods
and/or services are verified/received; and that any such payments be made in full compliance of
Buyer’s local board rules and any and all other applicable state rules and regulations.
Protests: Under this public procurement and AEPA’s Solicitation, any Respondent who is
aggrieved in connection with this procurement, can file a protest in accordance with (1) AEPA’s
AEPA 024 Part A – Terms and Conditions 27 Due: September 12, 2023, 1:30 p.m. ET
Solicitation Document; (2) AEPA’s Policies and Procedures; and (3) AEPA Member Agency’s
State Procurement Code and Board Policies. Venue for all legal actions will follow AEPA policy
and as outlined in Part E, 13. Governing Law; Forum Selection.
1. Procurement Phases: AEPA’s solicitation process is broken down into three (3) phases. Any
Respondent who is aggrieved in connection with any of the three (3) procurement/solicitation
phases listed below and/or any functions or activities associated with each must file their
protest with the AEPA representative indicated below.
a. Solicitation Due Date: The preparation and contents of the solicitation, its terms,
conditions, and specifications, the notification, distribution of solicitation documents
and addendums (date published through the solicitation due date and time).
b. AEPA Approval: The receiving, opening, recording, evaluating, recommending, and
approving Respondents to be considered for AEPA approval and/or actions relating to
contract renewal and extension. (Date received and opened through the date of
individual contract award and future renewals).
c. Contract Award: The awarding, implementing, and administering of resulting
contracts and the disclosure of confidential data. (Date individual contracts awarded by
AEPA Member Agencies or 120 days from AEPA approval).
2. Protest contents: Protests must be in writing and must be filed with the appropriate AEPA
represented below. A protest must include:
a. The name, address, and telephone number of the protester;
b. The original signature of the protester or its representative;
c. Identification of the procurement function and/or contract activity with the solicitation
or the contract number;
d. A detailed statement of the factual grounds or legal basis for the protest;
e. Supporting exhibits, evidence, or documents to substantiate any claim unless not
available within the filing time, in which case, the expected availability date must be
indicated; and
f. The form of relief requested.
3. Protest Submittal: Protester must submit the solicitation protest in accordance with the
requirements of the above three (3) procurement functions immediately or within ten (10) days
of the date the protester knows or should have known the basis of the protest per the following:
a. Solicitation Due Date: Knows or should have known the basis of the protest upon the
solicitation due date or ten (10) days after the due date, send a protest to Solicitation
Committee (bid-committee@aepacoop.org).
b. AEPA Approval: Knows or should have known the basis of the protest upon notification
from AEPA of the solicitation category approval, send a protest to the Category
Committee (bid-committee@aepacoop.org).
c. Contract Award: Knows or should have known the basis of the protest or ten days after
the notification from the AEPA Member Agency award, send a protest to Individual
AEPA Member Agency; see AEPA Member Agency information sheet.
4. Protest Resolution: Protest must be resolved, in accordance with AEPA’s Board Policies,
Procedures and/or the appropriate state statutes where the AEPA Member resides. AEPA
intends that all solicitation protest decisions from the point a solicitation has been published
through contract approval or rejection will be resolved by AEPA. Protests concerning contract
award by AEPA Member Agencies will be resolved by the respective AEPA Member Agency.
5. Protest Costs: The losing party to the protest must be responsible for the reasonable and
justifiable costs of the protest. The protest costs must be based on the costs and expenses
incurred by the AEPA and its Member Agencies, including but not limited to staff salaries,
attorneys' fees, hearing, reproduction, transcription, and travel costs.
Provisions Required by Law: By submitting a response to this solicitation, Respondents are
acknowledging they have conducted and performed the required research to make themselves
aware and knowledgeable of all federal, state, and local laws/statutes that are referenced herein,
may pertain to and/or govern the procurement activities and transactions covered by this
solicitation. These provisions of law and any clause required by law that is associated with and
relates to this solicitation and any resulting contract will be read and enforced as though it were
included herein.
AEPA 024 Part A – Terms and Conditions 28 Due: September 12, 2023, 1:30 p.m. ET
Public Purchase: An easy-to-use platform that provides Respondents with the automatic
notification of open solicitations, automatic notification of answered questions and issued addenda,
and a way to electronically submit an organization’s solicitation response. All changes, updates,
uploads, and downloads are time-stamped and logged as part of the solicitation process.
Public Record: All offers submitted to this invitation become the property of AEPA and will
become a matter of public record, available for review, subsequent to the solicitation due date. The
Opening Record will be posted to the AEPA website (www.aepacoop.org).
Questions: Inquiries and questions related to this solicitation, must be submitted online in Public
Purchase per solicitation and be submitted as follows:
1. From the time the solicitation is published until the deadline for questions for Respondents,
questions should be submitted online via Public Purchase.
2. Questions regarding this solicitation after Opening, but before the approval of the contract,
should be submitted to questions@aepacoop.org.
3. Questions regarding this solicitation after Notification of Approval should be submitted to
bid-committee@aepacoop.org.
4. Once a contract has been awarded by an individual AEPA Member Agency any inquiries and
questions relating to contract implementation, execution, transactions, and/or
concerns/issues occurring within that state should be addressed to the individual AEPA
Member Agency.
Reporting: Vendor Partners are required to submit quarterly detailed sales reports to all AEPA
Member Agencies. Access to reports will be granted after contract approval. If there are no sales,
$0 reports are required.
Right to Assurance: Whenever one party to this contract in good faith has reason to question the
other party’s intent to perform, he/she may demand that the other party give written assurance of
this intent to perform. In the event that a demand is made, and no written assurance is given within
ten (10) days, the demanding party may treat this failure as an anticipatory repudiation of the
contract.
Right to Request Additional Information: AEPA, and its respective representatives, reserves
the right to request any additional information during the procurement process that might be
deemed necessary to better understand the submitted solicitation response including, but not
limited to, clarifying questions. Respondents may be requested to submit such answers in writing
but will not be allowed to change or alter their offer.
Safety Measures: Vendor Partners must take all necessary precautions for the safety of
employees on the worksite, and must erect and properly maintain at all times, as required by job
conditions and progress of the work, all necessary safeguards for the protection of the workers
and public. They must post danger-warning signs against the hazards created by their operation
and work in progress. Proper precautions must be taken pursuant to state law and standard
construction practices in order to protect workers, the general public, and existing structures
from injury or damage.
Safety Standards: All items supplied on this contract must comply with the current applicable
Occupational Safety and Health Standards, the National Electric Code, and the National Fire
Protection Association Standards.
Severability: The provisions of this contract are severable to the extent that any provision or
application held to be invalid must not affect any other provision or application of the contract that
may remain in effect without the invalid provision or application.
AEPA 024 Part A – Terms and Conditions 29 Due: September 12, 2023, 1:30 p.m. ET
Substance Use & Conduct: All Vendor Partners and Subcontractors must adhere to the local
substance (alcohol, drug, smoking, etc.) and conduct (dress code, language, parking, etc.) policies
while on AEPA Member Agencies and Participating Entities premises.
State Agency: means any department, commission, council, board, committee, institution,
legislative body, agency, government corporation, educational institution, or official of the
executive, the legislative or judicial branch of the government of this state.
Survival: All applicable software license agreements, warranties, or service agreements that were
entered into between Vendor Partner and Buyer under the terms and conditions of the Contract
must survive the expiration or termination of the Contract. All purchase orders issued and accepted
by Vendor Partner must survive expiration or termination of the Contract.
Tare: If the Vendor Partner requires the Buyer to pay for shipping, the weight of the empty
container and any material used for packing must be of the lightest weight practical for safe delivery
of the contents.
Taxes: Different jurisdictions taxing authorities have different tax laws, rules, regulations, and
processes, therefore, prices offered will not include applicable federal, state, and local taxes. All
applicable taxes must be listed as a separate item on all cost proposals, invoices.
Term of Contract and Extensions: The initial term of the contract must be for up to fifteen
(15) months and will commence on the date as indicated by each Participating Member Agency on
the Acceptance of Solicitation and Contract Award (Form B). The contract must continue in
accordance with the dates stipulated in the solicitation and Timeline schedule located in Part A of
this solicitation unless terminated, canceled, or extended. By mutual written agreement, the
contract may be extended for three additional 12-month periods, ending on the last day of February.
AEPA may choose to recommend the contract extension. If so recommended, an individual
Member Agency may choose, at their sole discretion, to extend the contract. In the event AEPA does
not recommend or approve a contract extension, or a contract expires, a Member Agency reserves
the right to offer an extension not to exceed six (6) months until a new contract is awarded by that
Member Agency.
Termination by Non-Approval of AEPA: AEPA Member Agencies on annual basis assess,
evaluate, and review existing AEPA vendors to determine if the organization as a whole desire to
extend its approval of those vendors. If an existing AEPA vendor’s approval is not extended for an
additional term, the AEPA Member Agencies can not extend the dis-approved vendor’s contract.
(See Term of Contract and Extensions)
Termination by AEPA Member Agency: An AEPA Member Agency may cancel any contract
secured by the solicitation without any further obligation if any person significantly involved in
initiating, negotiating, securing, drafting, or creating the contract on behalf of the AEPA Member
Agency is or becomes, at any time while the contract or any extensions of the contract is in effect,
an employee of, or a consultant to any other party to this contract with respect to the subject matter
of the contract. Such cancellation must be effective when the parties to this contract receive written
notice from the AEPA Member Agency unless the notice specifies a later time. Cancellation by one
AEPA Member Agency does not require other Agencies to cancel their contracts.
Termination for Convenience: AEPA Member Agency reserves the right to immediately
terminate this contract, without penalty or recourse, in whole or in part, if the AEPA Member
Agency determines that termination is in the best interest of Participating Entities. The Vendor
Partner, after receipt of a “Notice of Termination,” must not accept any new orders after the
termination date specified in the notice. Any termination must not affect projects that are in
progress at the time the cancellation is received by the AEPA Member Agency. Vendor Partner must
be entitled to receive just and equitable compensation in accordance with applicable contract
pricing for work in progress, work completed, and materials accepted before the effective date of
the cancellation. The Vendor Partner will not be reimbursed for any anticipated profit. The AEPA
AEPA 024 Part A – Terms and Conditions 30 Due: September 12, 2023, 1:30 p.m. ET
Member Agency reserves the right to cancel, or suspend the use thereof, any contract resulting from
this SOLICITATION if the Vendor Partner files for bankruptcy protection or is acquired by an
independent third party. Vendor Partner may cancel this contract upon written notice to the AEPA
Member Agency prior to the intended termination date (or on the yearly anniversary of the
solicitation). Any termination must not affect projects that are in progress at the time the
cancellation is received by the AEPA Member Agency.
Termination for Default: If either party is in default under this contract, it must have an
opportunity to cure the default within the time indicated (ten business days in most states) after it
is given written notice of default by the other party, specifying the nature of the default. Upon
receipt of the notice of default, the defaulting party must have ten business days to provide a
satisfactory response to the AEPA Member Agency. Failure on the part of the defaulting party to
adequately address all issues of concern may result in contract termination. If the default is not
cured within the time specified in the notice of default, the non-defaulting party must have the
right, in addition to all other remedies at law or equity, to immediately terminate this contract.
Failure to complain of any action, non-action or default under this Agreement must not constitute
a waiver of any of the parties’ rights hereunder. The AEPA Member Agency reserves the right to
terminate this contract, or any part hereof, for cause in the event of any default by the Vendor
Partner, or if the Vendor Partner fails to comply with any contract terms and conditions, or fails
to provide the AEPA Member Agency, upon request, with adequate assurances of future
performance. In the event of termination for cause, the AEPA Member Agency must not be liable
to the Vendor Partner for any amount for supplies or services not accepted, and the Vendor
Partner must be liable to the AEPA Member Agency or any Participating Entity for any and all
rights and remedies provided by law. If it is determined that the AEPA Member Agency
improperly terminated this contract for default, such termination must be deemed a termination
for convenience. The AEPA Member Agency will issue written notice to the Vendor Partner for
acting or failing to act in any of the following:
1. The Vendor Partner provides material that does not meet the specifications of the contract;
2. The Vendor Partner fails to adequately perform the services set forth in the specifications of the
contract;
3. The Vendor Partner fails to complete the work required or to furnish the materials required
within a reasonable amount of time;
4. The Vendor Partner fails to make progress in the performance of the contract and/or gives the
AEPA Member Agency reason to believe that the Vendor Partner will not or cannot perform to
the requirements of the contract;
5. The Vendor Partner fails to extend lower pricing that has been offered to another customer or
cooperative that have equal or lesser volume.
6. The Vendor Partner fails to observe any of the terms and conditions of the contract;
7. The Vendor Partner fails to follow the established procedure for purchase orders, invoices, and
receipt of funds as stipulated by the AEPA Member Agency.
Termination for Non-Appropriation: Any individual Buyer’s procurement/contract covered
by this solicitation and executed in accordance with the resulting contract may be terminated if
insufficient appropriations and/or authorizations do not exist due to changes in state or federal
law, or because of a court order, or because of insufficient appropriations made available to the
Buyer’s governing board and/or it State Legislature. Such termination will be affected by sending
fifteen (15) days written notice to the Vendor Partner. The Buyer’s decision as to whether sufficient
appropriations and authorizations are available must be accepted by the Vendor Partner and must
be final.
Title and Risk of Loss: The title and risk of loss of material or service must not pass to the Buyer
purchasing the material or services until it receives the material or service at the point of delivery
unless otherwise provided within this document.
Trade-in Equipment: Equipment for trade-in must be dismantled by the Vendor Partner and
removed at its expense. The conditions of the trade-in equipment at the time it is turned over to the
Vendor Partner must be the same as when the original agreement was made, except as affected by
AEPA 024 Part A – Terms and Conditions 31 Due: September 12, 2023, 1:30 p.m. ET
normal wear and tear from use between the time of the solicitation and the trade-in. Values placed
on trade-in products are between the Buyer purchasing the new unit and the Vendor Partner.
Type of Solicitation: Due to the various types, kinds and levels of products and services solicited
by AEPA in its solicitations; the various pricing methodologies and/or methods utilized and offered
to price the various products and services offered; and the type of contracts that results from any
one of AEPA’s solicitations, AEPA has established the following types of solicitations.
1. Catalog Bid: A catalog bid is utilized when the products and /or services solicited are clearly
identified with set and specific characteristics, attributes, and configurations that are
identifiable as a stand-alone single unit and can be listed and priced as a single unit with options
that can be added to enhance and/or improve its operation and functionality. The Bidder offers
a fixed discount(s) off retail price or prices in a Commercially Available Catalog. The discounts
may be for the entire Catalog for specific products, product lines, manufacturers, or category of
products as determined by the Bidder. See the Pricing section for detailed information on
Catalog pricing.
2. Line Item Bid: A Line-item bid is utilized when the products and services solicited cannot be
identified or listed as a single unit; consists of a number of different variable and configurations,
it is necessary to identify the specific project or application; the end product or solution is made
of individually priced elements or components and the end product’s or solutions’ cost is
derived by the Vendor Partner specially prepared and providing a quote based on the project’s
terms, conditions and requirements. See the Pricing section for detailed information on Line-
Item pricing.
3. AEPA also uses Request for Proposal (RFP) for certain service/goods categories in accordance
with AEPA bylaws and procedures.
Vendor Partner: Respondent who has been approved and awarded a contract for the delivery of
construction, tangible personal property, supplies, or services in response to this solicitation.
Vendor Partner Contact: Vendor Partner will designate one individual who will represent
them to the AEPA, its AEPA Member Agencies during the contract period. This contact person will
correspond with each AEPA Member Agency for technical assistance, problems, or questions that
may arise. If other staff, distributors and/or independent Vendor Partners will be performing the
sales or support functions for different geographical areas (states), Vendor Partner must include
instructions and contact information that can be distributed to AEPA Member Agencies upon
approval of this bid.
Warranty: Vendor Partner warrants that all commodities, supplies, materials, equipment,
software, and service delivered under this contract must conform to the specifications of this
contract. All items should carry a warranty equal to the intended life cycle or a minimum
manufacturer’s warranty that includes parts and labor unless otherwise specified in the category
specifications. The manufacturer has the primary responsibility to honor a manufacturer’s
warranty; a distributor or dealer agrees to assist the purchaser to reach a solution in a dispute with
the manufacturer over a warranty’s terms. Any extended manufacturer’s warranty will be passed
on to the Buyer. For example, if a voice board has a three-year warranty, but the board is in a
turnkey system that has a one-year warranty, the voice board’s three-year warranty must be
honored by the manufacturer and the Vendor Partner. All extended warranties must be passed on,
without exception. If upon discovery, the Vendor Partner charges a Buyer for a replacement part
that the Vendor Partner actually received at no cost under a warranty, the Vendor Partner will
rebate the amount billed and the Buyer reserves the right to cancel the contract.
AEPA 024 Part A – Terms and Conditions 32 Due: September 12, 2023, 1:30 p.m. ET