Frequently Asked Questions

What is a JPA?

A Joint Powers Agency ("JPA") is a limited-purpose government agency formed by an agreement between two or more government agencies.  JPAs have a long history in California, and have been allowed since 1949.  Many school districts are members of insurance and transportation JPAs.  Ed Tech JPA endeavors to streamline procurement for digital products and services.

What is the benefit to using Ed Tech JPA?

Ed Tech JPA acts as a procurement vehicle, creating an avenue for members to procure digital products and abide by all public bidding laws without going through a timely procurement  process.  Ed Tech JPA makes it possible for vendors to make sales to multiple entities (members of  Ed Tech JPA) while only responding to one Request for Proposals.  Ed Tech JPA negotiates competitive contract terms with each participating vendor and insures that each vendor has signed a Student Data Privacy Agreement.

What happens when members purchase through Ed Tech JPA contracts after 5 years (the term of awarded contracts)?

Ed Tech JPA awarded Master Agreements are limited to a maximum of five years, pursuant to Education Code section 17596.  Members and vendors may enter into Purchase Agreements during the term of the Master Agreement that extend beyond the term of the Master Agreement.  For example if the Ed Tech JPA Master Agreement expires 6/30/2024 a member may enter into a contract prior to that expiration date with an end date of 12/31/24.  We anticipate Ed Tech JPA will run new RFPs 3-4 years after award to establish a successor contract prior to the expiration date.  

Does Ed Tech JPA provide software support or assurance?

Ed Tech JPA acts as a procurement vehicle and does not provide software support.   Vendors are responsible for providing support as outlined in their Proposals, Master Agreements, and Purchase Agreements.

How can a public entity become a member of Ed Tech JPA?

• Obtain Board Approval from your governing board (if required)
   Sample Board Resolution
   Sample Board Item
  *Sample board materials are provided for convenience only and will need to be customized to meet the requirements of your board.  Some county offices or other agencies may be exempt from this step.  Please check with your organization's legal counsel or business office to confirm approval requirements.
   

• Complete and Sign the Associate Member Agreement
   
• Complete the Associate Member Application and submit a signed copy of the Membership Agreement

All public entities with a valid CDS code will be provisionally accepted, with formal acceptance at an upcoming regular board meeting.
All public entities without a valid CDS code will be considered for membership at the following regular board meeting and will be notified of the board's determination shortly thereafter.
Private entities are not eligible for membership.

If a school district/public entity is interested in using services offered by a vendor, what steps does it need to take?

All entities must become associate members prior to using vendor services.  Members must review and score vendor submissions (using price as the primary factor), obtain a quote and implementation plan, and sign a Purchase Agreement with the prevailing vendor.

Is there a cost to join Ed Tech JPA?

There is no cost for eligible entities to join Ed Tech JPA.  Eligible entities are public agencies, such as school districts, county offices of education, public colleges, charter schools, city and state governments.

Who can join Ed Tech JPA?

Public agencies are eligible to join Ed Tech JPA and use Ed Tech JPA procurements.  This may include, but is not limited to, school districts, county offices of education, public colleges, charter schools, city governments, and state government agencies.

Can agencies outside of California join Ed Tech JPA?

Public agencies located outside of California may join Ed Tech JPA as long as their jurisdiction allows such membership, Ed Tech JPA procurement practices meet all of the requirements of their jurisdiction, and they have received any necessary approvals from their governing board and legal counsel.  Some thing to take into consideration are:

• The JPA is a Public Agency (California Government Code sections 6500 and 6502 authorizes the joint exercise by two or more public agencies of any power common to them as a Joint Powers Authority (JPA).
• We follow California and Federal Procurement Guidelines
• All agreements and RFPs have been vetted by Fagen, Friedman & Fulfrost LLP (F3), our general counsel for adherence to CA and federal procurement and privacy laws.
• RFPs are posted publicly on our website for at least one month
• RFPs are advertised twice in a newspaper of wide circulation (OC Register)
• The JPA makes a multiple award and the member scores proposals for a final decision. They are directed to use price as the primary consideration, consistent with federal law.
• We are governed by a board made up entirely of public officials (CBOs/CTOs from our founding members)
• The JPA collects an administrative fee based on the sales of our vendors (typically 4%). The JPA uses the fee to fund operating costs (e.g., insurance, RFP advertisements), and legal fees.

Are members required to use Ed Tech JPA contracts?

No, Ed Tech JPA members are free to contract with another vendor if awarded vendors do not meet their needs.  Ed Tech JPA desires to ease the procurement process for its members without limiting options.  Our vendors have partnered with us to streamline the procurement piece of contracting and have entered into minimum price guarantees, so we hope members will find contracts that meet their needs through Ed Tech JPA.  Ed Tech JPA members are also free to issue their own procurements and pursue other procurement processes.

What is the RFP and order submission process?

Are all vendor questions submitted during a RFP available for all vendors to review?

Yes.  All questions received at any vendor conference are transcribed.  These transcribed questions and answers along with all questions submitted to Ed Tech JPA during the RFI period are posted on the webpage for the RFP so all vendors have the same information when responding to a RFP.  

Do vendors need to use the pricing forms in the RFP?

Yes.  Vendors must complete the JPA pricing form.  This helps our members directly compare costs of different solutions.  Vendors are welcome to add additional pricing tiers.

If a vendor meets all essential requirements, but not other criteria, can they still submit a proposal?

Ed Tech JPA’s RFP team will review vendor proposals and award to vendors who meet all essential requirements and comply with all terms and conditions (no substantial exceptions). Essential requirements are denoted in the RFP with double asterisks and green highlighting.  

Vendors should also answer non-essential criteria (blue highlighting) to the best of their ability.  Ed Tech JPA members vary in size from 1,500 ADA to 600,000 ADA, have varying needs, and some may require services for only some modules included in this RFP.   Members will evaluate Proposals based on their specific needs, so vendors should include a clear description of what their solution offers. Ed Tech JPA will make all prevailing proposals available to members for review.  Members will determine what non-essential requirements are most important to them and use the information in proposals to determine which vendor best fits the needs of their organization.   

Vendors who meet all essential requirements and agree to the terms and conditions will be considered for award.  Non-essential criteria (blue) are optional features.  Vendors  are encouraged to respond to non-essential criteria so members can make a determination regarding which solution is the best fit for their needs.   

Additionally, the RFP is sectioned into different modules.  Some sections may be required to be awarded (such as a General section).  Most sections are required only to be considered for award in those specific sections.  For example, if a vendor agrees to all terms and conditions and meets all essential requirements for sections 3.1 - 3.4, but not for sections 3.5 it will be awarded for sections 3.1 - 3.4.  Below is an example of a possible award scenario.

SAMPLE AWARD:

What does a multiple award mean?

Ed Tech JPA may award RFPs to one or multiple vendors.  Vendors who meet all essential requirements and comply with all of the terms of the RFP are likely to be awarded.  

Please explain the Minimum Price Guarantee.

The Minimum Price Guarantee is the expectation that  Vendors provide the lowest available price to the Ed Tech JPA so there is no negotiation outside the JPA undercutting the pricing offered through the JPA.  The intent of the Minimum Price Guarantee is to secure competitive pricing for our members, while participating Vendors experience reduced costs of procurement and contract negotiations with individual local education agencies.  

The Minimum Price Guarantee does not apply to contracts and partnerships that were in effect prior to the Master Agreement between Ed Tech JPA and Vendors.   

Ed Tech JPA also recognizes that some exceptions may be required for exceptionally large clients (such as LAUSD).  If a vendor feels a lower price should be offered to a certain customer Ed Tech JPA is open to discussing an exception to the Minimum Price Guarantee with that vendor.

The intent of the Minimum Price Guarantee is to create a partnership with vendors.  The goal to streamline procurement results in vendors responding to only one RFP, and negotiating one Master agreement with competitive pricing and terms, that is compliant with privacy terms.  Ed Tech JPA seeks to mutually benefit both members and vendors through consortium style procurement.

If a vendor consistently offers the proposed product at a lower cost than proposed in its proposal Ed Tech JPA would expect that pricing to be extended to JPA members as well.  If Ed Tech JPA becomes aware of consistent lower pricing it will reach out to the vendor.  If the vendors business model or product changes such that it is able to offer the products at a lower price, the vendor should reach out related to the JPA to discuss amending the pricing terms of the master agreement.  For example, if a company grows to the extent that it offers products at a lower cost than included in their proposal the vendor should reach out to Ed Tech JPA to adjust the pricing offered to members. 

The transparent pricing requirements  allow members to be compliant with procurement laws.  Educational agencies must adhere to strict procurement regulations, and pricing on contracts and order forms need to match pricing on Purchase Orders.  Changes due to a CPI inflator and additional functionalities directly related to the proposed product are acceptable, but most changes are not acceptable and can result in complications.  

Additionally, tiered pricing is included in the RFP to allow vendors to adjust price based on the scale of contract to allow economies of scale to be incorporated into proposals.  Ed Tech JPA understands that prices vary based on contract size, for example the price per seat/user may be  different for a contract with 10 seats/users vs the price for a contract with 200 seats/users.   Vendors can also include different tiers of implementation in the one-time pricing form in Appendix C, if applicable.

The intent of the Minimum Price Guarantee is to create a partnership with vendors.  The goal to streamline procurement results in vendors responding to only one RFP, and negotiating one Master agreement with competitive pricing and terms, that is compliant with privacy terms.  Ed Tech JPA seeks to mutually benefit both members and vendors through consortium style procurement.

Please explain the Administrative Fee.

The JPA Administrative Fee is a recurring fee of 3-4% of the purchase/renewal.  The intent of the Administrative Fee is to assist Ed Tech JPA in covering operating costs, including the cost to advertise the RFP, as well as staff time and legal costs associated with the development, administration, and negotiation of the RFP and resulting contracts.  The Administrative Fee is not intended to create a profit to Ed Tech JPA or any of its members.  Ed Tech JPA has assumed significant operating costs, and hopes that in future years, as we continue to grow and have abated the start-up costs,  the Board will be able to lower the Administrative Fee.   Since its inception Ed Tech JPA has lowered the Administrative Fee for large volume sales.  For details please view the Administratative Fee Webpage.

When implementation pricing is determined by the complexity of implementation, how should vendors set a price without the specifics for an implementation?

Ed Tech JPA is a consortium style procurement vehicle and seeks to obtain proposals that allow its members to determine which solution will best meet their individual needs.  Vendors should specify different options available in their Proposals.  Ed Tech JPA recognizes the complexity of proposing pricing without details, and has designed pricing forms to allow vendors flexibility.  It is acceptable to propose implementation pricing with an hourly rate, daily rate, tiered rates (based on size, etc.), or tiered based on packages (number of days, number of staff assisting, etc).  The response to the pricing form may include a menu of implementation options with associated pricing.

Can vendors propose more than 2  tiers of pricing?

Yes.  Vendors can expand the pricing form as needed.  While vendors may add additional tiers and add information, we do require that vendors use the pricing form so it is easier for our members to compare pricing.

If a vendor has more than one solution to offer, can it respond for both?

Yes.  If a vendor has a base solution with add-ons it can submit a single proposal and note which requirements are met by the add-ons and which are met by the base solution.  For example if a vendor meets all criteria but one specific module is an add-on for an additional cost, the vendor should submit one proposal and note in the criteria that there is an additional cost for the features listed.  The cost should be outlined in the Optional Services/Solutions and Costs Form in Appendix C.  

If a vendor has two separate distinct products it can  submit two separate proposals.  Each proposal will be evaluated separately.

Can a vendor use a jpa member as a reference in its proposal?

Yes, Ed Tech JPA has many members and members that are using the proposed solution are considerred valid references. 

I am a vendor and was just awarded a contract after the close of a procurement. what are my next steps?

Ed Tech JPA typically awards to multiple vendors.  An award by the JPA does not insure that a vendor will secure a contract with the initiating agency.  Each prevailing vendor will complete: a Master Agreement, a California Student Data Privacy Agreement, and a Purchase Agreement. 

• The Master Agreement is an agreement between the vendor and Ed Tech JPA related to the terms of the award and contracting with members.  It includes pricing information from the Proposal.
• The Student Data Privacy Agreement is an agreement between the vendor and Ed Tech JPA related to student data privacy.  Vendors are required to sign Exhibit E, which allows other entities, including Ed Tech JPA members, to leverage the same contract terms.
• The Purchase Agreement is an agreement between the vendor and a member of Ed Tech JPA.  Ed Tech JPA negotiates the terms of these contracts, but they are not complete and are unsigned when posted to our password-protected members-only website.  When a member determines that they would like to purchase a product, they insert the Quote and/or Implementation Plan in Exhibit A and obtain signatures.  This is not a valid contract until both the vendor and member have signed it, and any required board approval by member has been obtained.  

Are Ed Tech JPA purchases separate instances?

Ed Tech JPA works to help streamline the procurement process, but is not involved in the purchasing or implementation process for individual members.  Each Ed Tech JPA member typically has its own instance for purchased products.  There may be occasions where multiple members combine (such as a County Office providing services for multiple districts), but typically each member makes purchases for itself.  Each member has different needs and will score proposals based on those needs.  

I am a vendor and just finalized my contracts; what are my next steps?

Finalized contract documentation is placed on a secure webpage for all prevailing vendors, and JPA Members will contact vendors directly to obtain Quotes and secure Purchase Agreements.  Awarded vendors are welcome to reach out to members and notify them of their partnership with Ed Tech JPA.  

Does Ed Tech JPA facilitate vendor marketing to members?

Ed Tech JPA does not directly market specific products to our members and can not provide member contact information to vendors.  We do share periodic updates, including announcements of recent RFP awards and new contracts available.  Vendors may choose to market the JPA contract, and may use the JPA Vendor-Partner logo, but may not use the JPA logo or imply any direct endorsement of products without written permission from the JPA.  Members have access to contact information within RFPs and will contact vendors directly to obtain information and Quotes.  

If a vendor meets essential criteria, but is not selected for the initiating agency can their product be available through Ed Tech JPA  for other entities?

Yes.  Ed Tech JPA offers multiple awards so its members can leverage the vendors that best meets their needs.

What is the process to contract with an Ed Tech JPA member?

Prior to determining which vendor is the right fit a member may require demonstrations, sandbox accounts, phone calls, and/or reference checks, depending on the specific member needs.  

When an Ed Tech JPA member has determined that they would like to contract with a vendor they will require: any required board approval/authorization, a Quote/Implementation Plan from the vendor and fully executed Purchase Agreement.  They will sign Exhibit E of the Student Data Privacy Agreement that was previously established with Ed Tech JPA.  The vendor will send an invoice directly to the member, who will issue a Purchase Order and payment directly to the vendor.  Ed Tech JPA only requires copies of these documents if we reach out to request them.  Sales are reported to Ed Tech JPA on a Quarterly Report.  

Can a Vendor use JPA members as references in its proposal?

It is acceptable to use a JPA member who has previously used the product as a reference in a proposal.  Please keep in mind that all members are separate entities and include all relevant information in the proposal.