1-1. Amarillo ISD RFP 3707-25.11 Food Service Mixer Equipment.pdf

AMARILLO INDEPENDENT SCHOOL DISTRICT

Request for Proposals Number: 3707-25.11, Food Service Mixer Equipment

Request for Proposals will be received in the Office of Marcus Bellar, Director of Purchasing, 7200 Interstate 40 West, Amarillo, Texas 79106-2598 until 2:00 P.M., Central Time, December 5, 2025, Food Service Mixer Equipment. In lieu of submitting a hardcopy response, proposals are encouraged to be submitted online through Amarillo ISD Bonfire Webpage https://amaisd.bonfirehub.com/portal by the stated deadline. Amarillo Independent School District (AISD) DOES NOT accept faxed or emailed submissions.

This Solicitation Response Form and Proposal Submittal Checklist (Page 1 and 2) MUST be completed.The enclosed TERMS AND CONDITIONS apply to all Proposals unless otherwise stated in writing. Section A-H make up the Agreement. Section I and J are the proposal instructions and evaluation criteria. See Proposal Submittal Checklist for the required proposal submittals.

SOLICITATION RESPONSE FORM

To: Amarillo Independent School District Attn: Marcus Bellar, Director of Procurement 7200 I-40 West Amarillo, TX 79106-2598

From: ______________________________________ _______________________________ Name of Proposer/Proposer’s Business Entity Address

Area Code and Telephone Number City/State/Zip

Area Code and Fax Number E-mail Address

I, the undersigned, as the owner or legally authorized representative of the above named company, by signing the following statement, agree that I have READ and UNDERSTAND all of the General Proposal Terms and Conditions contained herein, and that if accepted by the Amarillo Independent School District, all of the provisions are part of a binding contract between the Amarillo Independent School District and our company. I, also, certify that this proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same contract, and is in all ways fair and without collusion or fraud. Also, by returning a signed proposal you agree that the District may call you for quotes on items not contained within this proposal.

Owner or Legally Authorized Representative (Print Name) Title

Signature Date https://amaisd.bonfirehub.com/portal

RFP 3707-25.11 Page 2 of 21

PROPOSAL SUBMITTAL CHECKLIST

The following checklist details all required documents, forms, and sections that must be completed and submitted. Failure to submit one of these items could result in the submitted proposal being deemed non-responsive and not eligible for evaluation or award. All documents listed herein are made part of this agreement, in the event the documents have a place for the proposer to acknowledge, sign and date, the signed document becomes an attachment to this Agreement.

Proposal Submittal Checklist

Section / Doc. # Item Submitted (check)

Required Business Documents

PAGE 1 and 2 Solicitation Response Form and Proposal Submittal Checklist (Page 1 and 2 of this solicitation)

Attachment C Catalog Discount Form AISDP-0001 Access to AISD Property AISDP-0002 EDGAR Certification AISDP-0004 Agreement to District Solicitation Provisions AISDP-0005 Representations & Certifications

AISDP-0006 Conflict of Interest Questionnaire (mark n/a on the form if no conflict exists)

AISDP-0007 Felony Conviction Notification AISD-0008 Background Check Certification

ADDENDUMS Signed Addendums (check Bonfire for Issued Addendums) AISDP-0015 General Proposal Questionnaire (Technical Proposal)

Required Technical Proposal Items Bid Table Itemized Pricing Bid Table

Quote Official Company Quote Grand Total Price Total Bid Price Summary- Please enter total price from Bid Table

Reference Attachments Attachment D Minimum Insurance Requirements (Do not Submit) Attachments B Scope of Work

I have reviewed and completed the above checklist and all required items have been submitted herein.

(Signature) (Date)

RFP 3707-25.11 Page 3 of 21

SECTION A - TABLE OF CONTENTS

SECTION A - TABLE OF CONTENTS (Note: Agreement = A-H)

(X) SECTION DESCRIPTION (X) SECTION DESCRIPTION

X A Table of Contents X F Administrative Information X B Supplies or Services and Prices/Costs X G Clauses X C Specifications/SOW/Summary of Work X H List of Attachments /

Certifications X D Delivery, Shipping, Packaging and

Marking X I Instructions to Proposer

X E Performance Period and Payment Information

X J Evaluation Factors for Award

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS

SECTION B - TYPE OF AGREEMENT

This is a Fixed Price Unit Agreement between the officially awarded proposer (hereinafter “Vendor” or “Proposer”) and Amarillo Independent School District (hereinafter “AISD” or “the District”).

The Vendor shall furnish all personnel, facilities, equipment, material(s), supplies, and services except as may be expressly set forth in this Agreement, and otherwise do all things necessary for, or incident to the performance of providing the requirement as outlined in Section C, Specifications/Statement of Work/Summary of Work.

SECTION B - PRICE/SCHEDULE

Except as otherwise expressly provided, the price shall be paid to the Vendor based upon the Price Schedule attached hereto as Itemized Pricing Bid Table. In addition to the line-item pricing in Itemized Pricing Bid Table, Vendors must also complete the AISD Catalog Discount Form (Attachment C). This form allows the District to purchase unforeseen or incidental items that are not specifically listed in this solicitation, subject to USDA regulations limiting such purchases to no more than five percent (5%) of the awarded bid total. By completing and signing Attachment C, Vendor agrees that AISD may contact them for pricing of such items under the stated discount.

SECTION B – OPTIONAL QUANITIES

AISD may increase the quantity of supplies specified in Agreement at the unit price specified. The Procurement Representative’s may exercise the option by written notice to the Vendor. Delivery of the added item(s) shall continue at the same rates as the like items called for under the Agreement, unless the parties agree otherwise. Quantities are subject to change. AISD may increase or decrease the number of campuses or units purchased at the unit pricing provided.

SECTION B – PRICE INCREASES

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Price(s) are to remain firm through the base agreement period. Price change requests shall be supported by evidence of increased costs to the Vendor. AISD will not approve price increases that will merely increase the gross profitability of the Vendor at the expense of AISD. Price change requests shall be a factor in the agreement extension review process. AISD shall determine whether the requested price increase or an alternate option is in the best interest of AISD. Price increases in the extension year may not exceed The Consumer Price Index – All Urban Consumers (CPI-U) for the period of agreed upon by

AISD.

SECTION B – TERMINATION FOR NON-APPROPRIATION OF FUNDS

Notwithstanding any other provision of this Agreement, the Agreement is contingent upon the continued availability of appropriations and is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the District or otherwise not made available to the District. The District's payment obligations are payable only and solely from funds appropriated and available for the purpose of the purchase. The absence of appropriated or other lawfully available funds shall render the Agreement null and void to the extent funds are not appropriated or available and any goods/services provided but unpaid shall be returned to Vendor. AISD will have the right to terminate this Agreement at no additional cost and with no penalty whatsoever by giving prior written notice documenting the lack of funding. AISD will use reasonable efforts to ensure appropriated funds are available.

END OF SECTION B

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SECTION C – SPECIFICATIONS/SOW/SUMMARY OF WORK /PRE-BID MEETING

SECTION C - The Specifications/SOW/Summary of Work Attachment B is made part of this Agreement.

1. Equipment Specifications & Procurement

The Bidder shall provide pricing for the following equipment:

• Quantity: Two (2)

• Model: Univex Model # SL120RB Mixers or approved equals.

The bid submission shall clearly itemize the following costs:

• Price for each individual mixer.

• Total price for Two (2) Mixers.

• All freight charges for delivery to the installation site.

• All other associated costs not covered by freight or installation.

2. Installation Site & Delivery

• Delivery and Installation Site: AISD Bakery, 2701 Pine, Amarillo, Texas 79103.

• Existing Equipment Relocation Site: AISD Warehouse, 3801 NW 12th Ave, Amarillo, TX 79106.

3. Bidder Responsibilities

The successful bidder shall be solely responsible for all aspects of the project, including but not limited to:

3.1. Removal and Relocation of Existing Equipment

• Removal: Safely and professionally remove the existing mixers from the AISD Bakery.

• Relocation: Transport the removed mixer(s) to the designated AISD Warehouse (3801

NW 12th Ave, Amarillo, TX 79106) and place them in an area designated by AISD staff.

• Cost Inclusion: The bid shall include all costs associated with the removal and relocation process.

3.2. Delivery and Installation of New Equipment

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The bidder shall deliver and install the Two (2) Univex Model # SL120RB Mixers (or approved equals) at the AISD Bakery, which includes:

• Placement: Carefully position and secure the Two (2) new mixers within the designated area at the AISD Bakery.

• Electrical Connection: Connect both mixers to the power disconnects supplied by AISD. (Note: Power supply will be provided by AISD at the disconnect).

• Balancing and Certification:

o Certify each mixer is balanced according to the manufacturer's specifications.

o Conduct necessary checks to ensure the equipment is fully operational prior to startup/handover to AISD staff.

Instructions for Submitting Pricing:

1. Complete Itemized Pricing Bid Table: Please fill out all required fields in the Bid Table on Bonfire. (If turning proposal in by hand, please request pricing sheet from purchasing@amaisd.org)

2. Submit Official Company Quote: Upload your official signed quote in the Official Company Quote section under Requested Information in Bonfire.

3. Enter Total Cost of the proposal: Under Total Bid Price Summary in Bonfire.

INSURANCE REQUIREMENTS

General. Unless specified elsewhere in this Agreement, Vendor, at its own expense, must provide and maintain during the entire performance of this Agreement the minimum insurance limits as stated in Exhibit D, attached hereto and titled Insurance Requirements.

END OF SECTION C

SECTION D – DELIVERY, SHIPPING, PACKAGING, AND MARKING

SECTION D - DELIVERY

Tailgate deliveries to school locations are not acceptable unless directed so by the AISD Procurement Department.

Delivery shall be made during normal working hours unless prior approval has been obtained from the District. The vendor must be prepared to accommodate after-school hours and weekend schedules if necessary to meet the installation deadline or minimize disruptions to campus operations.

Deliveries under terms of the Agreement will be in accordance with the dates indicated. Failure to meet delivery dates may result in removal from the approved bidders/vendors list or may result in the District’s

RFP 3707-25.11 Page 7 of 21 non-acceptance or rejection of goods received pursuant to the purchase order at no liability to the District.

Delivery of purchased items in good condition will be the Vendor’s responsibility and no delay in receipt of replacement items will be contingent upon claim adjustment by carrier. All goods are subject to inspection and return at the expense of the Vendor if found to be inferior to those specified.

The delivery date and/or date of installation AFTER receipt of a purchase order will not vary from a Vendor’s offer. In its acceptance of any offer, the District is relying on the promised delivery date and/or installation as material and basic to its acceptance, unless otherwise indicated. In the event the Vendor fails to deliver as and when promised, the District reserves the right to cancel its accepting order, any part thereof, and Vendor agrees that the District may return all or part of any shipment so made, and may charge the Vendor with any loss or expense sustained as a result of such failure to deliver as promised.

The Vendor shall immediately notify the Procurement Representative on any actual or anticipated delay in delivery.

SECTION D - PACKAGING

Packaging of materials or reports for mail or commercial transport shall be in compliance with all applicable Federal, state and local laws, regulations, and sound business practices unless otherwise specified.

SECTION D – DELIVERY TERMS

All shipments shall be F.O.B. AISD.

SECTION D - MARKING

Each package, report or other deliverable shall be accompanied by a letter or other document which:

A. Identifies the Agreement or Purchase Order number under which the item is being delivered.

B. Identifies the deliverable item number or report requirement which requires the delivered item(s).

C. Shall meet the requirements as specified herein.

SECTION D - DROP SHIPMENTS

Shipments made for item(s) from another location other than the manufacturer or the distributor with whom the Agreement is issued must contain, as a minimum, the following information:

a. Packing slip describing the contents of the shipment;

b. The supplier’s name, address and phone number;

c. The name of the Vendor contracted with AISD; and

d. Original AISD purchase order or contract number.

Failure to meet the requirements herein could result in a delay in payment and/or cause for rejection of the shipment at the expense of the Vendor.

END OF SECTION D

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SECTION E – PERFORMANCE PERIOD AND PAYMENT INFORMATION

SECTION E – TERM OF AGREEMENT / DELIVERY DATE

The successful vendor shall complete the delivery and installation of the mixers no later than 90 calendar days after the notice of award.

SECTION E - INVOICING INSTRUCTIONS

A. Vendor shall submit an invoice upon completion of each Pay Item, and reference the Agreement / Purchase Order Number, ONLY one number per invoice. The work to be paid for under any Pay Item is fixed in this Agreement and shall be the amount due and payable in accordance with Section B and the applicable measurement for payment provisions of the Agreement. No invoice shall be processed and paid which is not completed as stated.

B. Invoices shall be sent to the following address:

Amarillo Independent School District Attn: Accounts Payable 7200 I-40 West Amarillo, Texas 79106

Or by email address to the following: accountspayable@amaisd.org

C. Upon proof of satisfactory performance, AISD will approve Vendor’s invoice.

D. AISD will pay Vendor Net 30 Days after a proper invoice is submitted and approved.

SECTION E – PAYMENT

AISD’s methods of payment include ACH or credit card only. AISD will contact any new vendor that is awarded a contract to obtain ACH information.

END OF SECTION E

SECTION F – ADMINISTRATIVE INFORMATION

SECTION F - SUBCONTRACT MANAGEMENT

Vendor is responsible for the management of its subcontractors, suppliers and vendors with visibility through the lowest tier of subcontractors. The Vendor shall ensure that each lower tier subcontract contains all applicable specifications, special requirements, and clauses needed to comply with the requirements of this Agreement.

SECTION F – CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for invoices and reports) shall be subject to the following procedures:

A. All correspondence shall reference the Agreement number, if applicable, and be addressed to AISD’s

Procurement Representative. The mailing address is as follows:

mailto:accountspayable@amaisd.org

RFP 3707-25.11 Page 9 of 21

Amarillo Independent School District 7200 Interstate 40 West Amarillo, TX 79106 Attn.: Marcus Bellar Telephone: (806) 326-1171 Email: marcus.bellar@amaisd.org

SECTION F - VENDOR’S PERSONNEL (Required for On-Site Work)

A. The Procurement Representative shall direct the Vendor to remove, and the Vendor shall remove, any employee of the Vendor or Vendor’s Subcontractor(s) from assignment of performance of any services under any Agreement and/or Task Release issued pursuant to this Agreement for reasons of security, safety or misconduct or, for any reason within the discretion of the Procurement Representative

B. When the reason for the removal request is due solely to security, safety or misconduct on the part of Vendor’s employee, replacement shall be at Vendor’s expense and not chargeable to the District. Vendor’s expense shall include travel expenses of the departing individual and the travel expense of the replacement individual to the AISD facility.

C. When requested by AISD, Vendor shall provide all required national Criminal History Record Information ("CHRI"), in accordance with Texas Education Code section 22.0834 and Texas Government Code section 411.082(a), for Vendor and for all of Vendor’s employees, subcontractors, subcontractor's employees, independent contractors, applicants, agents, or consultants, if (1) the person will have continuing duties related to the services and (2) the duties are or will be performed on the District's property and the person(s) will or may have direct contact with students ("Covered Employee"). Vendor shall assume all expenses for obtaining such CHRI. Vendor shall certify to the District in writing that it has complied with this section and none of its Covered Employees have a Disqualifying Criminal Record. Vendor agrees that if it receives information that a Covered Employee is arrested or convicted for any of the Disqualifying Criminal History offenses during the performance of the Agreement, Vendor will immediately remove the Covered Employee from the District's property or other location where students are regularly present, and notify the District of said removal. Vendor understands that any failure to comply with the requirements of this section may be grounds for termination of the Agreement.

Persons employed by Vendor shall be and remain employees of Vendor, and shall not be deemed employees of AISD. Nothing herein shall require the establishment of any employer-employee

SECTION F - NOTIFICATION OF DEBARMENT/SUSPENSION STATUS

During the performance of this Agreement, the Vendor shall provide immediate notice in writing to AISD’s Procurement Representative in the event of the Vendor being placed on the "List of Parties Excluded from Federal Procurement and Non-Federal Procurement Programs," published by the System for Award Management (SAM) (www.sam.gov), or upon receipt of a notice of proposed debarment.

SECTION F – ASSIGNMENT OF AGREEMENT

The Agreement shall not be assigned, transferred, or sublet in whole or in part without the prior written approval of AISD. Any attempted assignment or delegation by Vendor shall be void and ineffective for all purposes unless made in conformity with this paragraph.

mailto:marcus.bellar@amaisd.org http://www.sam.gov/

RFP 3707-25.11 Page 10 of 21

END OF SECTION F

SECTION G - CLAUSES

SECTION G - CLAUSES INCORPORATED BY REFERENCE

All articles, clauses and documents marked by an “X” are incorporated by reference, apply to this Agreement and have the same force and effect as if they were given in full text. In the event the incorporated documents have a place for the Vendor to acknowledge, sign and date, the signed document becomes an attachment to this Agreement.

SECTION G – GRATUITIES

AISD may, by written notice to the Vendor, cancel the Agreement if it is found by AISD that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor, or any agent or representative of the Vendor, to any officer, employee, or member of the Board of Trustees of AISD with a view toward securing an Agreement or securing favorable treatment with respect to the performing of such Agreement.

SECTION G – TAXES

AISD is exempt from Federal Excise Tax, State Tax and Local Sales Tax. Any taxes charged will not be paid by AISD. Tax exemption certificates will be furnished upon request.

SECTION G – WARRANTY

If applicable, Warranty is to be at least one (1) year on parts and labor. If additional warranty periods are required, they will be specifically referenced in Section C Specifications.

SECTION G – COMMITMENT OF FUNDS

AISD Procurement personnel are the only employees allowed to commit funds or place purchases for AISD. Failure to comply with this provision may result in non-payment for any product provided or service rendered.

SECTION G – SDS SHEETS & OSHA COMPLIANCE

Any goods supplied to the District by the successful Vendor in connection with this solicitation shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970. In the event any goods do not conform to OSHA standards, the District will be permitted to refuse or return the non-conforming goods for correction or replacement at the Vendor’s expense. Where materials solicited require the maintenance of, Safety Data Sheets (SDS), a copy of the relevant SDS must accompany Vendor’s Proposal or must be made available prior to the award of any contract for the goods. If applicable, SDS sheets must accompany Vendor’s product and will be required with delivery of product to AISD.

RFP 3707-25.11 Page 11 of 21

SECTION G – INDEMNIFICATION REQUIREMENTS

Vendor shall indemnify and hold AISD harmless from all Vendor’s performance or failure of performance as a result of this Agreement. Vendor shall keep AISD free and clear from all liens asserted to by any person or firm for any reason arising out of the furnishing of services or materials by or to the Vendor. AISD is precluded by Texas Laws to enter into any agreements that require AISD to indemnify or hold harmless a vendor or third party and will not agree to any such indemnification requirements.

SECTION G – CONFLICT OF INTEREST

According to Local Government Code, Chapter 176, a person or agent or a person who contracts, or seeks to contract, for the sale or purchase of property, goods, or services with AISD must file a completed Conflict of Interest Questionnaire with the AISD Purchasing Department. The forms must be completed whether or not a conflict exists. A conflict exists if the person or agent has a financial relationship with a Local Government Officer (LGO), or their immediate family, as defined by Chapter 176. A conflict also exists if the Vendor has given a LGO, or a member of their family, a gift or gifts with a total annual value of $100, with the exception of food, accepted as a guest, or a political contribution as defined by Title 15, Texas Election Code. A list of Local Government Officer Members may be found by accessing the Purchasing link on the AISD web page, www.amaisd.org.

SECTION G – FORCE MAJEURE

The District will not be liable for any failure or delay in performing an obligation under the Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God (including but not limited to landslides, lightening, earthquake, fires, hurricanes, storms, floods, washouts, and droughts) accident, strikes, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, orders of any kind of government of the United States or the State of Texas or any civil or military authority, changes in laws or regulations, explosion, generalized lack of availability of raw materials or energy, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the District.

SECTION G – GOVERNING LAW AND CHOICE OF VENUE

This Agreement shall be governed by the Uniform Commercial Code. Wherever the term Universal Commercial Code is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective on the date of the Agreement. The Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Potter County, Texas. Both parties agree that venue for any litigation arising from this contract shall lie solely in a court with jurisdiction over Potter County, Texas unless agreed to in writing by authorized representatives for both parties.

END OF SECTION G

SECTION H - ATTACHMENTS/CERTIFICATIONS/ ACKNOWLEDGEMENTS

http://www.amaisd.org/

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SECTION H - LIST OF ATTACHMENTS

The following attachments are hereby referenced and incorporated into this Agreement:

• Itemized Pricing Bid Table Vendors must complete the line item as follows:

• Column-Product Name: Brand/Model quoted (e.g., Univex #SL120RB or alternate).

• Column Unit Price: Please enter the cost per unit.

• Column Freight: Please enter the Total freight cost. (enter $0 if none).

• Column Installation: Please enter total installation cost (Including Cost to remove existing equipment) (enter $0 if none).

• Column Associated Cost: Please enter other associated costs (enter $0 if none).

• Total Cost Column will auto-sum.

• ATTACHMENT B Scope of Work

• Attachment C Catalog Discount Form

• ATTACHMENT D Minimum Insurance Requirements

SECTION H – LIST OF CERTIFICATIONS/ACKNOWLEDGEMENTS

1. Debarment or Suspension – AISD is prohibited from spending federal funds with Vendors who have been debarred or suspended. Vendor certifies, that during the solicitation process that the Vendor is not debarred by the Federal Government. Should the Vendor become debarred by the Federal Government during the performance of this Agreement, Vendor shall notify the Procurement Representative in writing.

2. All buildings and property owned by AISD are deemed a “drug free zone”. Therefore, personnel of Vendor and Vendor’s subcontractor(s) acknowledge that no one may use, consume, carry, transport or exchange tobacco, cigarettes, e-cigarettes, alcohol or illegal drugs while in or on AISD property. Vendor shall ensure that personnel and subcontractor personnel are informed of this policy and shall Vendor that it is adhered to.

3. By signing this agreement, Vendor agrees to comply with applicable federal, state and local laws, as well as applicable AISD policy and regulation, in providing the services contemplated herein. This includes, but is not limited to:

(a) Vendor agrees to complete any requirements set forth in Texas Education Code Chapter 22 (relating to criminal history records and certifications) and/or related forms required by AISD;

(b) By signing this Agreement, and (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees: and (c) this Agreement has a value of $100,000.00 or more, the following certification shall apply to the extent required by law; otherwise, this certification is not required.1 Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor , if any, 1 On April 25, 2019, the U.S. District Court for the Western District of Texas entered a preliminary injunction enjoining the enforcement of Chapter 2270 as it existed before the amendment in any state contract. In compliance with the Court’s order, the Owner will not seek enforcement of the current Chapter 2270 until further order of this or higher court having jurisdiction over the issue.

RFP 3707-25.11 Page 13 of 21

(the “Vendor Companies”), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business with Israel or an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

(c) Vendor certifies it is not a “company” (a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or associations that exists to make a profit) that has a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined by Texas Government Code Chapter 2274. Further, Vendor certifies it will not discriminate during the term of the proposed contract against a firearm entity or firearm trade association, in violation of law. Vendor hereby voluntarily and knowingly acknowledges and agrees that this Agreement shall be null and void should facts arise leading AISD to believe that the Vendor discriminates against a firearm entity or firearm trade association in violation of Texas Government Code 2274.001-2274.02. This certification requirement does not apply to a governmental entity that contracts with a sole-source provider or does not receive any bids from a company that is able to provide the required written verification, and certain contracts as set forth in Tex. Gov’t Code § 2274.003.

(d) In accordance with Texas Government Code, Chapter 2252, Subchapter F, AISD is prohibited from entering into a contract with a company that is identified on a list prepared and maintained by the Texas Comptroller or the State Pension Review Board. By execution of this Agreement, Vendor certifies that it is not a company on a list prepared and maintained under Texas Government Code §§ 806.051, 807.051, or 2252.153, and further hereby voluntarily and knowingly acknowledges and agrees that this Agreement shall be null and void should facts arise leading AISD to believe that the Vendor was a listed company at the time of this procurement.

END OF SECTION H

SECTION I – INSTRUCTIONS TO PROPOSERS

SECTION I - DISCLAIMER

This solicitation does not commit AISD to pay for any costs incurred in the preparation and submission of a proposal or for any other costs incurred prior to the execution of the Agreement. This solicitation shall not be construed in any manner to be an obligation on the part AISD to enter into an Agreement or any other arrangement with the Proposer.

SECTION I - RIGHT TO CANCEL

AISD reserves the right to cancel this solicitation, at no cost to itself.

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SECTION I – PERIOD OF ACCEPTANCE

In compliance with this Solicitation, the Proposer agrees, if AISD accepts its proposal, within one hundred and twenty (120) calendar days from the date specified in the solicitation for receipt of offers, to furnish any or all items on which prices are offered within the time specified in Section B entitled Supplies or Services and Prices/Costs. Proposals offering less than one hundred and twenty (120) calendar days may be rejected.

SECTION I – PROPRIETARY RIGHTS

All offers submitted by Proposers become property of AISD and are subject to all state and local laws pertaining to open record requests or bids.

SECTION I – RESTRICTION ON COMMUNICATION

Between the date of issuance of this solicitation and continuing through the date of award by the District’s Board of Trustees, Proposer and its employees, agents, subcontractors and representatives direct all questions regarding this Solicitation, including questions regarding the Form of Agreement, to the District Point-of-Contact or through the designated online system. Proposer and its employees, agents, subcontractors and representatives, are specifically prohibited from directly or indirectly discussing, communicating, lobbying for, or promoting its proposal to any member of the District’s Board of Trustees, any member of the District’s administrative staff, any member of an employee association affiliated with or representing any District employee or group of employees, any member of a District committee having responsibility for evaluation of Proposal responses or any consultant or professional retained or used by the District in connection with this solicitation This restriction extends to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFQ and/or proposal submitted by Vendor. This policy is intended to create a level playing field for all Vendors and ensure the integrity of the solicitation process, any violation of this provision may result in disqualification of the Vendor’s response from consideration. The District reserves the right to contact any Proposer for clarification after responses are opened and/or to further negotiate with any Proposer if such is legally permitted and deemed desirable by District. The communications restrictions above shall not apply to interaction with prohibited individuals during District-requested presentations in a duly called open meeting of the Board of Trustees.

SECTION I – CHANGES DURING SOLICITATION

A response to this Solicitation shall be considered as an offer to contract. Final negotiations on the best evaluated offer shall be conducted to resolve any minor differences and informalities. After final negotiations, AISD shall issue an acceptance of the proposal offer. Both parties prior to executing any changes must agree to all changes to the Agreement in writing. The resulting Agreement shall not be assigned, transferred, or sublet in whole or in part without the prior written approval of AISD.

SECTION I – BRAND

Unless stated otherwise, catalog, brand name, or manufacturers' reference used in the solicitation is descriptive - not restrictive - it is intended to indicate type and quality desired. Proposals on brands of like nature and quality will be considered. It is understood that in each case where a brand name and number is given that AISD may accept the item specified or an AISD approved equivalent. If proposing on other

RFP 3707-25.11 Page 15 of 21 than reference specifications, Proposer must specify manufacturer, brand, model, etc. of article offered.

IF THE SPACE PROVIDED FOR SUCH IS LEFT BLANK, IT WILL BE EXPECTED THAT PROPOSER/VENDOR WILL PROVIDE THE EXACT SPECIFIED ITEM THE PROPOSED PRICE SHOULD THE PROPOSER RECEIVE THE AWARD.

Where AISD has not indicated a specific brand name or model, the Proposer shall indicate the brand name and model proposed in the space provided on the response sheet.

Amarillo ISD highly prefers the Piper brand for serving line equipment. Equivalent or alternate products will be considered.

IMPORTANT: When submitting alternates to stated pre-qualified items, proof of equality is the sole responsibility of the Proposer. All alternates must be submitted for review and qualified by the Procurement Representative prior to recommendations to Directors.

SECTION I – THIRD PARTY FINANCING/OPINION OF COUNSEL LETTERS

Proposers who rely on third parties for financing often request that AISD’s legal counsel render an opinion addressed either to the Proposer or its financier, stating, among other things, that AISD is an existing political institution, its Board of School Trustees approved the Agreement, etc., and that the Agreement is a "valid and binding contract". The AISD’s legal counsel will not issue any opinion addressed to either Proposer of its financier in connection with this transaction. Counsel will, however, assist in obtaining affidavits from AISD personnel having knowledge of the facts, which can then be submitted to legal counsel representing either the Proposer or its financier.

SECTION I – DISCLOSURE OF PROPOSAL DATA

All pricing information submitted in this proposal is potentially subject to release to members of the public if requested in a public information request, unless the proposer separates said pricing information, clearly marks said information as “proprietary” or “confidential,” and provides supporting legal authority for such designation. AISD, in its discretion, may (but is not required to) seek a ruling from the attorney general regarding disclosure. All submitted pricing and information may be shared with AISD’s staff, consultants, and board of trustees, and may be discussed in public board meetings, regardless of whether it is marked “proprietary” or “confidential”.

SECTION I – OFFER ACCEPTANCE

AISD reserves the right to negotiate, accept, or reject any or all proposals and to waive any or all formalities, or to accept any part of this proposal deemed to be most advantageous to AISD. Negotiation may be a part of this process, therefore, the services/products provided and/or cost of services/products may be altered during the negotiation period. However, Proposers are encouraged to submit their most competitive price initially. If the scope of services/products and all other requirements are met initially, there may not be any need for negotiation with any proposer. It is the policy of AISD to purchase goods and/or services on the basis of proposal that provides the best value to the District, not low price alone.

Price, quality, service, past performance of vendor/ merchandise, long term cost to the District to acquire goods or service, probability of continuous availability and suitability to purpose being the controlling factors. This Proposal is submitted subject to the existing written policies of the Board of Trustees of AISD, which form a part of the Agreement.

SECTION I – WAIVER OF CLAIMS

RFP 3707-25.11 Page 16 of 21

By tendering a proposal in response to this proposal, Proposer acknowledges that it has read and fully understands the requirements for submitting a proposal, and the process used by AISD for selecting a contractor. By submitting a proposal, the Proposer fully, voluntarily and understandingly waives and releases any and all claims against AISD and its trustees, officers, agents and/or employees that could arise out of the administration, evaluation, or recommendation of any proposal submitted in response to AISD’s proposal request.

SECTION I – STATE AND LOCAL TAX

AISD is exempt from Federal Excise Tax, State Tax, and Local Tax. If it is determined that tax was included in the Proposer’s proposal, the included tax will not be included in the tabulation or in any awards. Tax exemption certificates will be furnished upon request.

SECTION I – PROPOSAL SUBMITTALS

Proposals must be received by the District as set out herein, BEFORE the hour specified as the due date and time. No offer can be withdrawn after the due time without approval by the AISD Procurement Department. A proposal may be withdrawn using the process outlined in the online submission program prior to the time fixed for opening of the Proposals. Electronic submittals must be submitted through the Bonfire website https://amaisd.bonfirehub.com/portal. AISD does not accept faxed or email submissions. Submission of an email bid or proposal will result in the vendor/submission being disqualified for consideration.

Hardcopy proposals must be sealed in an envelope or container, and the following shall be printed visibly on the exterior:

Title of Proposal Proposal # Responding Proposer is responding to Receipt Deadline Name of Proposer

Failure to follow these instructions may be cause for the Proposal not to be accepted. Proposals received late will be returned to the Proposer..

SECTION I – SIGNATURE OF PROPOSAL

Failure to manually or electronically sign a proposal may disqualify the proposal. Person signing the proposal should show title of authority to bind the Proposer to an Agreement.

SECTION I – PRODUCT CONDITION

All product bid must be new (not refurbished, etc.) unless otherwise specified. Latest model or newest technology should be bid.

ON I – PROTEST

AISD believes that it can best maintain its reputation for treating suppliers in a fair, honest, and consistent manner by conducting solicitations in good faith and by granting competitors an equal opportunity to win

RFP 3707-25.11 Page 17 of 21 an award. If you feel that AISD has fallen short of these goals, you may submit a protest to the AISD Internal Auditor at (806) 326-1310.

SECTION I - PREPARATION OF OFFERS

A. Any Proposer planning to submit a proposal is responsible for examining, with appropriate care, the complete solicitation documents, all amendments, and for informing itself with respect to all conditions that might in any way affect the cost or the performance of any work. Failure to do so will be at the sole risk of the Proposer, who is deemed to have included all costs for performance of the work in its offer. No relief can be given by AISD for errors or omissions contained in the Proposer’s Proposal. Should the Proposer find discrepancies in or omissions from the solicitation, or should the solicitation’s intent or meaning appear unclear or ambiguous, or should any other question arise relative to the solicitation documents, the Proposer shall promptly notify AISD’s Procurement Representative in writing through https://amaisd.bonfirehub.com/portal . The Proposer making such request will be solely responsible for its timely receipt as stated herein by the District. Replies to such notices may be made in the form of supplementary correspondence or, as appropriate, to the solicitation documents. AISD’s response to this notification will be made to ALL Proposers who have obtained the solicitation through https://amaisd.bonfirehub.com/portal

B. Each Proposer shall furnish the information required by the solicitation. The Proposer shall sign the offer and print or type its name on the Solicitation Response form. Erasures or other changes must be initialed by the person signing the offer.

C. Proposers shall submit with their proposal a completed Agreement to District Solicitation Provisions (AISDP – 0004). Proposers shall provide a full written explanation of all exceptions taken or alterations to the provisions of this solicitation (e.g. Terms and Conditions, specifications, statement of work, data requirements, drawings, etc.,), if any, by referencing the appropriate article, paragraph or exhibit line item number that the Proposer takes exception to and by attaching the exceptions or alterations AISDP – 0004. Exceptions or alterations may render the Proposer’s Proposal unresponsive and ineligible for award. If no exceptions or alterations are taken, Proposer shall mark the appropriate box on AISDP – 0004.

D. If Proposer’s proposal is submitted on an “all or none” basis, it must clearly state so in the proposal.

SECTION I – QUESTIONS

All questions concerning this solicitation must be submitted on the Bonfire web page https://amaisd.bonfirehub.com/portal. The deadline for submitting questions is November 28th, 2025, at 4:00 pm CST

SECTION I - PROPOSAL FORMAT AND CONTENTS

The overall proposal shall consist of two (2) physically separate volumes individually titled as stated below.

The required number of copies of each proposal volume is shown below.

VOLUME TITLE TOTAL COPIES REQUIRED PAGE LIMIT

RFP 3707-25.11 Page 18 of 21

I BUSINESS

DOCUMENTS

Original Plus 2 Copies OR

ELECTRONIC COPY

n/a

II TECHNICAL

PROPOSAL

Original Plus 2 Copies OR

ELECTRONIC COPY

n/a

- Cover Sheet shall be included with each Volume identifying that specific Volume. If submitting hardcopy, the original copy of each Volume shall be marked "ORIGINAL".

SECTION I – BUSINESS DOCUMENTS PROPOSAL (REQUIRED SUBMITTALS)

The Business Documents Proposal shall include the items as listed in the Proposal Submittal Checklist on Page 2 of this solicitation. AISD reserves the right to request documents not filled in the Proposal Submittal Checklist after the due date of the proposal.

SECTION I – TECHNICAL PROPOSAL (REQUIRED SUBMITTALS)

A. General. The technical proposal should be specific, detailed, and complete to demonstrate clearly and fully that the prospective Proposer has a thorough understanding of the requirements. The technical proposal must enable AISD’s technical personnel to make a thorough evaluation and arrive at a sound determination as to whether or not the proposal meets the requirements of Section C, Specifications/Statement of Work. No information regarding pricing shall be provided within the technical proposal.

B. Requirements. The technical proposal shall contain, as a minimum, the following items in accordance with Section C, Specifications/Statement of Work. These items are the basis for the technical evaluation criteria that will be used in evaluating the technical proposals. Since the technical proposal will primarily determine the capability of the Proposer to perform the tasks stated in the Specifications/ Statement of Work, it should not merely offer to perform the work in accordance with the Statement of Work but shall outline the implementation approach as specifically as possible. The technical proposal should generally follow the outline of the evaluation factors described below:

1. AISDP-0015 – AISD General Proposal Questionnaire

SECTION I - COST OR PRICING DATA/COST BREAKDOWN

AISD expects that this Agreement will be awarded based upon adequate price competition. However, in order to determine the prices are fair and reasonable, AISD reserves the right to request the Proposer provide cost or pricing data/cost breakdown to support proposed prices. Information to support unit prices should include, but not be limited to, the following:

1. Salary/wage information with associated payroll expenses, for personnel to be used in performance of the contract;

2. Cost for equipment, supplies, and consumable materials;

3. A breakout of related support costs, such as equipment maintenance, rental, transportation, etc.;

4. Overhead costs;

5. General Administrative expenses

6. Profit

RFP 3707-25.11 Page 19 of 21

If the Proposer is unwilling, in any circumstance to submit cost or pricing data or a cost breakdown, a statement to this effect shall be included in the offer.

SECTION I – DISCLOSURE OF INTERESTED PARTIES

Any Proposer that is to be awarded a contract with AISD that either (1) requires an action or vote by the school district before the contract may be signed, or (2) has a value of at least $1 million, must first file FORM 1295 with the Texas Ethics Commission as per Section 2295.90 Texas Government Code. AISD will not issue a contract with the awarded Proposer until this process has been completed and formally acknowledged by the AISD Procurement Representative.

The Proposer to be awarded the contract with AISD, upon notice from the District, will need to access the Texas Ethics Commission web site, https://www.ethics.state.tx.us. Instructions for accessing the required document from the Texas Ethics Commission website are as follows:

i. Select “File Reports Electronically” from the far left hand column.

ii. From the “File Reports Electronically” list, select “Form 1295 Certificate of Interested Parties Filing”

iii. Next, you will need to “Log IN” to create/complete your certificate. If you require assistance, there are links to instruction videos and a list of Frequently Asked Questions (FAQ). The first time you sign in to file, you will be required to set up User ID and Password.

iv. When filling out the information to create the “Certificate of Interested Parties”, enter the RFP number/purchase order number/cooperative contract number/etc., followed by the vendor name, in the “Contract ID Number” field.

Upon completion of certificate, scan a copy, and e-mail to the AISD Procurement Representative. Once the completed certificate has been received and verified, a Purchase Order / Contract will be issued.

END OF SECTION I

https://www.ethics.state.tx.us/

RFP 3707-25.11 Page 20 of 21

SECTION J – EVALUATION FACTORS FOR AWARD

SECTION J – BEST VALUE FOR THE DISTRICT

AISD intends to make an award resulting from this solicitation to the Proposer that offers the best value to the District.

A. AISD intends to award a contract resulting from this solicitation to the Proposer whose proposal is responsive and responsible and represents the best value to AISD. For this procurement, the best value determination will be based on the proposal that is most advantageous to the District, with price considered as the primary factor.

B. The District reserves the right to contact any Proposer for clarification after Proposals are opened and/or to further negotiate with any Proposer if such is legally permitted and deemed desirable by District. The communications restrictions above shall not apply to interaction with prohibited individuals during District-requested presentations, in a duly called open meeting of the Board of Trustees.

C. AISD may at its sole discretion, (1) reject any and all offers if such action is in the best interest of AISD;

(2) accept other than the lowest priced offer if it is unreasonably low; (3) waive informalities or minor irregularities in offers received; (4) to split awards, make multiple awards in any combination as it may deem appropriate and (5) elect to clarify with one or more proposers.

D. In order to be considered responsive, Proposer must submit a complete technical and business document proposal. Should a proposer leave out a required document, the proposal may be considered non-responsive. Required submissions for the business document and technical proposal are listed in Section I.

SECTION J – BASIS FOR AWARD – REQUEST FOR PROPOSAL

A. AISD intends to award a contract resulting from this solicitation to the Proposer whose proposal is responsive and responsible and represents the best value to AISD. Selection of the best value to AISD will be achieved through a process of evaluating the submitted proposal against the Evaluation Criteria described herein. For this procurement, the best value determination will be based on the proposal that is most advantageous to the District, with price considered as the primary factor.