WRESA-10-2023-2024-12-STEM Kits

REQUEST FOR PROPOSALS
FOR
Wayne RESA STEM Kits

BID SUMMARY

Commodity Being Requested: This RFP seeks to establish pricing for STEM Kits for incoming kindergarten, first grade, and third grade students as specified in the Scope of Work.

Resulting Contract Term: One year.

RFP Schedule

Release of RFP:	December 13, 2023
Vendor Question Due Date: Answers will be posted within 3 business days of this deadline	December 19, 2023
Proposals Due by (12:00 P.M. EST) *:	December 22, 2023
Master Agreement Award Date:	January 17, 2024

*Responses received later than the specified deadline will be disqualified.

Wayne RESA reserves the right to change this schedule as needed and all information provided by Wayne RESA in this RFP is offered in good faith. Individual items are subject to change at any time. Wayne RESA makes no certification that any item is without error.

The Sole Point of Contact During this Solicitation Process is:

Steve Motz

purchasing@resa.net

(517) 648-0442

Contacts with Wayne RESA Personnel: All contact with Wayne RESA regarding this RFP or any matter relating thereto must be sent to the following email: purchasing@resa.net

SECTION 1.0 – PROPOSER RESPONSES TO SCOPE OF WORK AND PRICING

I. INSTRUCTION TO SUPPLIERS

Award of this solicitation is contingent upon the approval of funding from WRESA Board of Education.

Electronic forms of all bid documents are available online at:
https://www.resa.net/administrative-support/purchasing

If you experience problems in downloading the documents, contact Steve Motz at: purchasing@resa.net .

A. Introduction

The Wayne Regional Educational Service Agency (WRESA), established by the Michigan Legislature in 1960, is the largest of fifty-six (56) such agencies throughout the state. The Wayne RESA board is elected by one vote from each of the 33 local Wayne County school district boards. WRESA provides a wide variety of services to thirty-three (33) public school districts and approximately ninety-nine (99) public school academies in Wayne County, Michigan; serving more than 261,000 students. WRESA, through various consortium arrangements, provides a variety of services to other educational agencies throughout the state of Michigan.

B. Scope of Work / Program Requirements

Supplier to propose and provide 3,910 STEM Kits for school districts in Wayne County, Michigan. The STEM kits are for incoming kindergarten, first grade, and third grade students, broken down as follows: 1600 kindergarten kits, 1130 first grade kits, and 1180 third grade kits. The supplier is accountable for delivering kits to host sites, and the number of host sites should not exceed 65.

The kits need to contain all the materials, individually packaged per lab, and include instructions to conduct each STEM lab activity. Video instructions, handouts, and demonstrations to the science or engineering principles are also required. Awarded supplier shall deliver the kits to WCRESA by or before May 1, 2024.

1. Suppliers must propose at least one (1) activity for each of the books listed below:

● The Girl With a Mind for Math: The Story of Raye Montague (ISBN: 978-1943147700)

● Magic Trash: A Story of Tyree Guyton and His Art (ISBN: 978-1580893862)

● The Weird and Wonderful World of Bugs: A Book About Beetles, Butterflies, and Other Fascinating Insects (ISBN: 978-1647397326)

● Allie's Basketball Dream (ISBN: 978-1880000724)

● Those Darn Squirrels (ISBN: 978-0547576817)

● The Boy Who Harnessed the Wind: Picture Book Edition (ISBN: 9780803735118)

● Mr. Ferris and His Wheel Hardcover – Picture Book, September 2, 2014 (ISNB: 978-0547959221)

● Roberto, The Insect Architect (ISNB: 978-1452156460)

2. The activity must connect with our science standards https://www.nextgenscience.org/ , and specifically a Science and Engineering Practice from the Next Generation Science Standards https://www.nextgenscience.org/topic-arrangement/3-5engineering-design .

This document will be useful to explain and identify the engineering component in our standards https://www.nextgenscience.org/sites/default/files/resource/files/Appendix%20I%20-%20Engineering%20Design%20in%20NGSS%20-%20FINAL_V2.pdf

3. Video instructions and demonstrations of the science or engineering principles are needed and must include child-friendly definitions of any content vocabulary referenced in the demonstration. This document, specifically, Practice 7, will be useful to reference when considering child-friendly definitions https://literacyessentials.org/downloads/gelndocs/k-3_literacy_essentials.pdf

4. (Optional) Supplier may give recommendations on books that students can access for free from the Michigan Electronic Library so they can continue reading on their own. http://www.michigan.gov/.../Library_Resources_704507_7.pdf

5. Up to 20 In-person training sessions to be conducted at WRESA Educational Center, 33500 Van Born Road, Wayne, MI 48184 or an identified Wayne County district site. Training must include demonstration of STEM labs and include a hands-on application and experimentation for training attendees, which includes additional teacher-facing materials necessary to implement the lab activities.

C. Length of Contract

The term of the resultant contract shall be for a period of 1 year with options to renew for three additional years.

D. Proposal Process

1. Proposal must be prepared in compliance with provisions of this RFP. Failure to comply with all provisions of this RFP may result in disqualification of the proposal.

2. Proposals must be received by EMAIL ONLY to purchasing@resa.net by the date and time provided on the cover page of this RFP. Suppliers shall submit (1) electronic copy of proposal combined into one file when possible.

The following table is a summary of the required proposal submission format for this RFP. Please structure your proposal submission per the content and sequence below. Where noted under “Template for Submission”, utilize the attachments provided with this RFP for inputting your responses.

Proposal Section	Section Title	Template for Submission
Intro	Letter of Transmittal
1.0	Executive Summary
2.0	Scope of Proposed Solution
3.0	Comprehensive List of Assumptions
4.0	Company Background/Customer List
5.0	Supplier Relationships or Potential Conflicts with WRESA
6.0	Signature Page	Attachment #1
7.0	Bid Proposal (Pricing)	Attachment #2
8.0	Statement of Qualifications	Attachment #3
9.0	Ethical Standards Affidavit MUST BE NOTARIZED	Attachment #4
10.0	Conflict of Interest Affidavit MUST BE NOTARIZED	Attachment #5
11.0	Certificate of Liability Insurance	Attachment #6 (Supplier provides)
12.0	Assurances and Certifications	Attachment #7
13.0	Exceptions to WRESA’s Terms and Conditions	Attachment #8 Please note on a separate document whether or not your organization takes exception to any term, or state your acceptance of the Terms and conditions in attachment #8
14.0	Federal Provisions Addendum	Attachment #9

An overview of the proposal response guidelines are below for your review. Detailed instructions have also been included within all attachments.

PROPOSAL RESPONSE GUIDELINES

The following are detailed guidelines for the format and content of your proposal submission. Please review the guidelines below in full prior to beginning your proposal.

Proposal Section Intro - Letter of Transmittal

The letter should briefly list the legal name of the company, address of corporate headquarters, whether the company is a sole proprietor, a partnership, corporation, or other legal entity contact information of account executive, confirm major components of the work being proposed, and be signed by an individual that is authorized to bind the firm.

Proposal Section 1.0 – Executive Summary

This part of the response to the RFP should be limited to a brief narrative highlighting the supplier’s proposal. The summary should contain as little technical jargon as possible and should be oriented toward non-technical personnel. The summary should describe the following:

● Key differentiators in service offerings, account management, and value-added services proposed by your company.

● Your understanding of the scope of requirements and the level to which your proposal has met the requirements.

● The summary should also specify the names of similar-sized education, government and other comparably sized clients that have used the services being proposed.

● High-level project execution plan and timeline for completion, outlining any equipment delays that could impact availability.

● Risk management considerations.

● Cost by service type

● Value and outcomes delivered to WRESA

Proposal Section 2.0 - Scope of Proposed Solution and Staffing (Maximum Length=5 pages)

Provide a description of the overall solution or methodology for providing STEM Kits. Include a high-level description of the steps of how the services will be provided and any associated value added services solution that meets the requirements. Confirm that the solution being provided is comprehensive as defined in the scope of work of this RFP.

Proposal Section 3.0 - Comprehensive List of Assumptions

Rather than have assumptions be scattered throughout the proposal, WRESA requires that all assumptions be listed and explained in this section. Please ensure that all assumptions listed reference the appropriate section of the RFP and/or associated services.

Proposal Section 4.0 - Company Background/Customer List

Supplier must provide the following information about its company so that WRESA can evaluate the supplier’s financial stability and ability to support the commitments set forth in response to the RFP.

The supplier should describe the company’s background, including:

● How long the company has been in business.

● A brief description of the company size and organizational structure as it relates to services proposed.

● How long the company has been working with a) education clients; b) government clients; and c) commercial clients.

● Describe any current lawsuits, legal actions or governmental investigations against your company including, but not limited to, parties of dispute, any equipment affected, cause of action, jurisdiction and date of legal complaint.

Proposal Section 5.0 - Supplier Relationships or Potential Conflicts with WRESA

Describe any business relations that Supplier currently has or has had with WRESA; include relationships any parent, subsidiary, or other affiliate company may have with WRESA.

Please indicate if any employees, officers, directors, members, agents or consultants of Supplier are also an employee of WRESA.

Proposal Section 6.0 – Signature Page

Please refer to the RFP Template Attachment #1

Proposal Section 7.0 – Bid Proposal

Please refer to the RFP Template Attachment #2

Proposal Section 8.0 – Statement of Qualifications

Please refer to the RFP Template Attachment #3

Proposal Section 9.0 – Ethical Standards Affidavit

Please refer to the RFP Template Attachment #4

Proposal Section 10.0 – Conflict of Interest Affidavit

Please refer to the RFP Template Attachment #5

Proposal Section 11.0 – Certificate of Liability Insurance

Supplier to provide a copy of their insurance certificate with proposal.

Proposal Section 12.0 – Assurances and Certifications

Please refer to the RFP Template Attachment #7

Proposal Section 13.0 – Exceptions to WRESA’s Master Service Agreement

While it is WRESA’s preference that the Supplier sign the standard template “as is” and, in fact, WRESA may consider extensive changes to the agreement as a reason to exclude a supplier from further consideration; Suppliers may take select exception to terms and conditions (Attachment #8– Master Services Agreement). The Supplier must clearly set forth each exception in its proposal, referencing the affected RFP section, paragraph and page. The Supplier must set forth the reason(s) for the exception and indicate what (if any) alternative is being offered by the supplier. WRESA shall determine (in its sole discretion) the acceptability of any proposed exception(s).

Proposal Section 14.0 – Federal Provisions Addendum

Attachment #9 applies to purchases that may be paid for in whole or in part with funds obtained from the federal government. Therefore, the provisions are required, and the language is not negotiable. Hyperlinks are provided for convenience only; broken hyperlinks will not relieve Supplier from compliance with the law.

3. Proposals MUST BE emailed to: purchasing@resa.net
Subject: WRESA-10-2023-2024-12-STEM Kits

4. Any proposal received after the day and time stipulated will not be considered, but will be recorded, filed and shall remain sealed/unopened. Proposals received by facsimile transmissions will not be considered valid unless also received by mail or delivery by the stated deadline.

5. For attachments, only the forms provided in the RFP packet are to be used. Electronic versions may be found on the WRESA web page at: WRESA Bid Documents . Altered or substitute forms will not be accepted.

6. ALL submitted documents must be typed or computer generated. (With exception to any handwritten signatures), no handwritten proposals will be allowed.

7. It is understood that each Supplier, before submitting a proposal and prior to the Submission of Question(s) from Supplier Due Date/Time (see RFP Timetable on Cover Page), shall, if they are uncertain of the conditions, requirements and/or obstacles that might impact the provision of services, request further information. Failure to make such inquiry or receive an answer shall not relieve the successful Supplier from the obligation to comply, in every detail, with all provisions and requirements of the RFP nor shall it be a basis for any claim whatsoever for alteration in any term or payment required by the Agreement.

8. Inquiries regarding this RFP must be directed in writing via email to:
Steve Motz
Purchasing Consultant, WRESA
Email: purchasing@resa.net

9. Any discussions with WRESA personnel (other than as listed above) regarding this RFP while the RFP is in progress (from the time supplier receives this RFP until final award is made) are strictly prohibited. Such contact and discussion may result in the disqualification of the Supplier’s proposal.

10. If a Supplier discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, they shall immediately notify WRESA of such error in writing and request modification or clarification of the document. Modifications will be made by issuing a revision and will be given by written notice to all parties who have received this RFP from WRESA’s Purchasing Department as well as being posted on the WRESA website. The Supplier is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the RFP prior to submitting the proposal or it shall be deemed waived.

11. No allowance will be made after proposals are received and opened, for oversight, omission, error or mistake by Supplier.

12. All proposals and any accompanying documents become the property of WRESA and will not be returned.

13. WRESA will not be liable in any way for any costs incurred by Suppliers in the preparation of their proposals in response to this RFP nor for the presentation of their proposals and/or participation in any discussions or negotiations.

14. WRESA reserves the right to withdraw this RFP at any time and for any reason and to issue such clarifications, modifications, and/or amendments as it may deem appropriate.

15. Receipt of proposal materials by WRESA or submission of a proposal to WRESA offers no rights against WRESA nor obligates WRESA in any manner.

16. WRESA reserves the right to waive minor irregularities in proposals. Any such waiver shall not modify any remaining RFP requirements or excuse the Supplier from full compliance with the RFP specifications and other contract requirements if the Supplier is awarded the contract.

17. It is the intent of WRESA to permit competition. Therefore, it is understood that the use of any patent, proprietary and/or manufacturer's name is for demonstrative purposes only; and should be considered as if followed by the words "or comparable equivalent”. Unless "NO SUBSTITUTE" is stated in this RFP, Suppliers may offer items they believe meets or exceeds the specifications set forth herein. WRESA, in its sole and absolute discretion, shall have the right to determine if the proposed items possess equivalent and/or better qualities of the specifications listed in this RFP.

18. Proposal must be signed by an officer of the Supplier who is legally authorized to obligate the Supplier to a contract.

19. All proposals shall be a matter of public record subject to the provisions of Michigan law.

20. In the event the district and/or district building, is closed due to unforeseen circumstances on the day proposals are due proposals will be due at the same time on the next day that the WRESA building is open.

E. Evaluation of Proposals and Award

1. All Suppliers, by submitting proposals, agree that they have read and are familiar with all the terms and conditions of the RFP and will abide by the terms and conditions thereof.

2. WRESA, at its sole discretion, shall determine whether particular Suppliers have the basic qualifications to conduct the desired service for WRESA. In determining whether a Supplier possess the basic qualifications to operate, WRESA may consider, but not be limited to, the following:

a. Cost data (price, price protection and total cost of ownership)

b. Supplier’s ability to meet the requirements of this RFP

c. Supplier’s adherence to applicable laws, ordinances, etc. and industry standards

d. Supplier’s commitment and experience in successfully performing similar agreements

e. Supplier’s general reputation for performance and service

f. Supplier’s longevity of service (number of years) and previous experience

g. Years of continuous business

h. Acceptability of product/services to the internal customer

i. Overall service quality

j. Supplier’s financial condition

k. Meets Michigan Department of Education definition of fiscally reasonable expenditure

l. Supplier’s willingness to comply with the proposed agreement with no objections

m. Value-added proposals

n. Flexibility in migrating to newer technology – movement between services without termination charges. Consideration will be given to Suppliers that respond for multiple services.

3. Proposals will first be examined to eliminate those that are clearly non-responsive to stated requirements.

4. Award shall be made to the most responsible Supplier whose proposal is determined to be the most advantageous to WRESA taking into consideration the terms and conditions set forth in this RFP. A valid and enforceable contract exists when an agreement is fully executed between WRESA and the Supplier.

In determining the most advantageous response, WRESA will review and consider a Supplier’s experience, Staffing and optimal pricing.

5. Any response that takes exception to any mandatory items in this RFP may be rejected and not considered.

6. WRESA reserves the right to accept or reject in part or in whole any or all proposals submitted.

7. WRESA reserves the right to request in writing clarifications or corrections to proposals. Clarifications or corrections shall not alter the Supplier’s price contained in the cost proposal.

8. WRESA may require suppliers to make oral or other presentations. Failure of a Supplier to conduct a presentation on the date scheduled may result in rejection of the Supplier’s proposal. In addition, WRESA may decide to make site visits to the selected Suppliers’ reference sites or other sites provided by the Supplier.

9. WRESA reserves the right to negotiate further with the successful Supplier. The content of the RFP and the successful Supplier’s proposal(s) will become an integral part of the Contract but may be modified by the provisions of the Contract.

10. By submission of proposals pursuant to this RFP, Suppliers acknowledge that they are amenable to the inclusion in a contract of any information provided either in response to this RFP or subsequently during the selection process.

11. A proposal in response to an RFP is an offer to contract with WRESA based upon the terms, conditions, and scope of work and specifications contained in the RFP.

12. WRESA has the right to use, as WRESA determined to be appropriate and necessary, any information, documents, and anything else developed pursuant to the RFP, the proposal and the Contract.

13. Suppliers must submit proposals that are complete, thorough and accurate. Brochures and other similar material may be attached to the proposal.

14. All proposals must be valid for at least ninety (90) days from the proposal submission date.

15. Proposals received after the specified date and time for proposal submission shall not be considered, but will be recorded, filed, and shall remain sealed.

F. Bid Protest Process

Bid protests are filed by Suppliers because they seek to remedy a wrong, actual or perceived, which could inflict or has inflicted injury or hardship to their company as a result of some action taken by WRESA during the solicitation process.

1. General Authority
WRESA Administrator maintains the exclusive authority and responsibility to purchase and rent all materials, supplies and equipment, furnishings, fixtures and all other personal property for use by WRESA departments, districts or agencies which are governed by WRESA's Board.

2. Protest Procedure
Upon a determination of Supplier selection from a bid process, the Purchasing Consultant will issue a “Notice of Intent to Award” to all solicitation participants of the intended award via email.

a. Non-selected Suppliers will have three (3) business days from the date the notice is posted to file a formal bid protest with WRESA Administrator or the designee.

b. The bid protest, which must be received by WRESA Administrator or designee within the three (3) day period, shall be in writing, and include the specific facts, circumstances, reasons and/or basis for the protest. This written notice may be in the form of a letter, fax or email.

c. Upon execution of the Master Agreement with the selected Supplier, WRESA Administrator or designee will not take action on a bid protest, but a written response will be provided to the protesting Supplier.

d. If a Supplier's bid protest is appropriately filed, WRESA Administrator or designee may delay the award of the Master Agreement until the matter is resolved.

e. Notwithstanding the foregoing, throughout the bid protest review process, WRESA has no obligation to delay or otherwise postpone an award of a Master Agreement based on a bid protest. In all cases, WRESA reserves the right to make an award when it is determined to be in the best interest of WRESA to do so.

f. WRESA Administrator or designee will respond to all bid protests in a timely manner.

G. Indemnity, Release, Insurance and Security

1. Evidence of Supplier Insurance Coverage
The Supplier shall provide WRESA at the time the Bid Proposal is submitted, Certificates of Insurance and/or policies, acceptable to WRESA, as listed below:

a. Certificate of Liability Insurance (Attachment #6). Individual certificates of insurance and/or policies may be required prior to work commencing.

2. Insurance Requirements
During the performance and up to the date of final acceptance of the work, the Supplier must maintain in full force and effect the insurance hereafter listed below:

a. The Supplier shall procure and maintain during the life of this contract, Workers’ Compensation Insurance, including Employers Liability Coverage at limits of $100,000 per person, $500,000 aggregate, in accordance with all applicable statutes of the State of Michigan.

b. The Supplier shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions:

i. Contractual Liability;

ii. Products and Completed Operations;

iii. Per contract aggregate.

c. The Supplier shall procure and maintain during the life of this contract, Motor Vehicle Liability Insurance, including applicable no-fault coverage, with limits of liability of not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

d. The following shall be Additional Insureds on Commercial General Liability Insurance and Vehicle Liability: Wayne Regional Educational Service Agency, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees, and volunteers.

This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage is primary, contributing or excess.

3. Workers’ Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: “Sixty (60) days Advance Written Notice of Cancellation or Non-Renewal shall be sent to Purchasing, WRESA, 33500 Van Born Road, Wayne, MI 48184.”

4. If any of the above coverages expire during the term of this contract, the Supplier shall deliver renewal certificates and/or policies to WRESA at least ten (10) days prior to the expiration date.

5. Indemnification and Hold Harmless – The Supplier shall indemnify and hold harmless WRESA, its officers, agents, and employees from:

a. Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of the Supplier, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of the contract.

b. Any claims, damages, penalties, costs and attorney fees arising from any failure of the Supplier, its officers, employees and/or agents, including its sub or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

c. WRESA will not indemnify, defend or hold harmless in any fashion the Supplier from any claims arising from any failure on the part of the Supplier, its employees or suppliers, regardless of any language in any attachment or other document that the Supplier may provide.

d. The Supplier shall reimburse WRESA any expenses incurred as a result of the Supplier’s failure to fulfill any obligation in a professional and timely manner under the Agreement.

H. Default and Termination

1. In the event the Supplier shall default in any of the obligations or conditions set forth in the Agreement or their performance does not meet established criteria, WRESA may notify the Supplier of such default in writing.

2. Written notice referred to in this article shall be deemed delivered upon presentation to any person designated by the Supplier as the manager or, in the case of notice by the Supplier, the Associate Superintendent of Administrative & Financial Services or by mailing the same certified or registered mail to the address for the Supplier in the proposal, or the address for WRESA in the case of notice by the Supplier.

3. Failure on the part of WRESA to notify the Supplier of default shall not be deemed a waiver by WRESA of WRESA’s rights on default of the Supplier and notice at a subsequent time will have the same effect as if promptly made.

4. Upon receipt of notice of default from WRESA, the Supplier shall immediately correct such default. In the event the Supplier fails to correct the default to the satisfaction of WRESA, WRESA shall have all rights accorded by law, including the right to immediately terminate the Agreement. Such termination shall not relieve the Supplier of any liability to WRESA for damages sustained by virtue of any default by the Supplier.

5. The Supplier agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the Agreement, and in the event WRESA prevails, the Supplier shall pay all expenses of such action including WRESA’s attorney fees and costs at all stages of the litigation.

6. The parties may mutually terminate the contract/agreement that results from this proposal at any time. Either party may terminate the contract/agreement with cause given a sixty (60) day notice to the other party.

7. Termination of the Agreement by WRESA upon default by the Supplier shall be sufficient grounds for the forfeiture of any bonds, if required to be posted by the Supplier, and the bonds shall so specify.

I. Taxes

WRESA is exempt from all federal, state and local taxes. WRESA shall not be responsible for any taxes that are imposed on the Supplier. Furthermore, the Supplier understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to WRESA.

J. Integration

All RFP documents and addendum, Supplier’s response to this RFP, subsequent purchase orders, and contract with the successful Supplier contains the entire understanding between the parties.

K. Financing Option

NOT APPLICABLE

L. Survival Clause

All duties and responsibilities of any party that, either expressly or by their nature, extend into the future, shall extend beyond and survive the end of the Contract Term or cancellation of this Agreement.

M. Force Majeure

Timely performance is essential to the successful implementation and ongoing operation of the project described herein. Time is of the essence. However, neither party shall be liable for any loss or damage suffered by the other party, directly or indirectly, as a result of the first party's failure to perform, or delay in performing, any of its obligations contained in this Agreement (except any obligations to make payments hereunder), where such failure or delay is caused by circumstances beyond the first party's control or which make performance commercially impracticable, including but not limited to, fire, flood, storm or other natural disaster, explosion, accident, war, riot, civil disorder, governmental regulations or restrictions of any kind or any acts of any government, judicial action, power failure, acts of God or other natural circumstances.

N. Non-Waiver of Agreement Rights

It is the option of any party to the Agreement to grant extensions or provide flexibilities to the other party in meeting scheduled tasks or responsibilities defined in the Agreement. Under no circumstances, however, shall any parties to the Agreement forfeit or cancel any right presented in the Agreement by delaying or failing to exercise the right or by not immediately and promptly notifying the other party in the event of a default. In the event that a party to the Agreement waives a right, this does not indicate a waiver of the ability of the party to, at a subsequent time, enforce the right. The payment of funds to the Supplier by WRESA should in no way be interpreted as acceptance of the system or the waiver of performance requirements.

O. Patents, Copyrights and Proprietary Rights

The Supplier, at its own expense, shall completely and entirely defend WRESA from any claim or suit brought against WRESA arising from claims of violation of United States patents or copyrights resulting from the Supplier or WRESA use of any equipment, technology, documentation, and/or data developed in connection with the services and products described in this Agreement. WRESA will provide the Supplier with a written notice of any such claim or suit. WRESA will also assist the Supplier, in all reasonable ways, in the preparation of information helpful to the Supplier in defending WRESA against this suit. WRESA retains the right to offset any amounts owed to Supplier in defending itself again claim. Following written notification of an infringement claim, Supplier may, at its expense and its discretion, either (a) procure for WRESA the right to continue to use the alleged infringing product, (b) replace, modify or provide substitute product to WRESA or (c) return all monies paid WRESA under the terms of the Agreement.

P. Nondiscrimination by Suppliers or Agents of Suppliers

Neither the Supplier nor anyone with whom the Supplier shall contract shall discriminate against any person employed or applying for employment concerning the performance of the Supplier responsibilities under this Agreement. This discrimination prohibition shall apply to all matters of initial employment, tenure and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, sex, religion, age, national origin, or ancestry. A breach of this covenant may be regarded as a default by the Vendor of this Agreement.

Q. Subcontractors

When using any subcontractors not stated in the Supplier’s response to the RFP, the Supplier must obtain written prior approval from WRESA for activities or duties to take place at WRESA’s site. In using subcontractors, the Supplier agrees to be responsible for all their acts and omissions to the same extent as if the subcontractors were employees of the Supplier.

R. Effect of Regulation

Should any local, state, or national regulatory authority having jurisdiction over WRESA enter a valid and enforceable order upon WRESA which has the effect of changing or superseding any term or condition of this Agreement, such order shall be complied with, but only so long as such order remains in effect and only to the extent actually necessary under the law. In such event, this Agreement shall remain in effect, unless the effect of the order is to deprive WRESA of a material part of its Agreement with the Supplier. In the event this order results in depriving WRESA of materials or raising their costs beyond that defined in this Agreement, WRESA shall have the right to rescind all or part of this Agreement (if such a rescission is practical) or to end the Agreement term upon thirty (30) days written prior notice to the Supplier. Should the Agreement be terminated under such circumstances, WRESA shall be absolved of all penalties and financial assessments related to cancellation of the Agreement.

S. Assignments

WRESA and Supplier each binds themselves, their partners, agents, successors, those working in concert with them in any capacity, and other legal representatives to all covenants, agreements, and obligations contained in this Agreement.

T. Supplier as Independent Contractor

It is expressly agreed that Supplier is not an agent of WRESA but an independent contractor. The Supplier shall not pledge or attempt to pledge the credit of WRESA or in any other way attempt to bind WRESA.

U. Non-Collusion Covenant

Supplier hereby represents and agrees that it will not and has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this Agreement. Supplier certifies that their Proposal is made without any previous understanding, agreement or connection with any person, firm or corporation making a Proposal for the same services and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

V. Advertisement

The laws of the State of Michigan, WRESA purchasing policies and the legal advertisement for contractors and purchases, are made a part of any agreement entered into the same respect as if specifically set forth in that agreement.

II. ATTACHMENTS

Attachment #1 Signature Page

Attachment #2 Bid Proposal (Pricing)

Attachment #3 Statement of Qualifications

Attachment #4 Ethical Standards Affidavit – Must be notarized

Attachment #5 Conflict of Interest Affidavit - Must be notarized

Attachment #6 Certificate of Liability Insurance (Supplier must provide)

Attachment #7 Assurances and Certifications

Attachment #8 WRESA Master Service Agreement (to be issued upon award)

Attachment #9 Federal Provisions Addendum – Certification Regarding Lobbying

ATTACHMENT #1 - SIGNATURE PAGE

This form must be returned, properly executed.

In compliance with the Request for a Proposal made by WRESA, the undersigned proposes to furnish and deliver all services in accordance with the accompanying descriptions and instructions in the RFP. The undersigned also asserts that:

● This proposal is made without any previous understanding, agreement or connection with any other person, firm or corporation making a bid for the same purchase, and is in all respects fair and without collusion or fraud.

● No member of the Board of Education of the Wayne Regional Educational Service Agency (WRESA) nor any officer, employee or person whose salary is payable in whole or in part from the treasury of said Board of Education is directly or indirectly interested in this proposal or in the services to which it relates, or in any portion of the profits thereof.

● All prices herein are net and exclusive of all federal, state and municipal sales and excise taxes.

● Said Supplier clearly understands that WRESA will be the sole judge in determining the quality of services as being equal to or in compliance with the descriptions set forth in the RFP.

Company: _____________________________________________

Name: ________________________________________________

Signature of above: ______________________________________

Title: _________________________________________________

Address: _________________________ _____________________

Telephone: _____________________________________________

Fax Number: ___________________________________________

Date: _________________________________________________

Are you a small business? Yes _____ No _____

Are you a minority business? *Yes _____ No _____

*If yes, list minority: _____________________________________

ATTACHMENT #2 - BID PROPOSAL (PRICING)

Additional pages may be added as needed to propose alternative items, package deals, or solutions. Please list any and all additional materials and services as needed. WRESA will consider other pricing models; however, respondents must provide the services and items listed at a minimum.

Supplier: _________________________________ Contact Person: _________________________

Address: _________________________________ Supplier Email: ___________________________

_________________________________________ Supplier web site: _______________________

Phone Number: ____________________________ Fax Number: ___________________________

Qty	Description	Each Price	Total Price
1600	Grade K STEM Kit Package Description:	$	$
1130	Grade 1 STEM Kit Package Description:	$	$
1180	Grade 3 STEM Kit Package Description:	$	$
20	In-person training	$	$
65	Cost of Delivery of Kits

Estimated Ship Duration:

Additional Proposed Items (if any):

...

Qty