1-ERP Software RFP - Appendix A.docx.pdf

APPENDIX A

RFP #26-10 – ENTERPRISE RESOURCE PLANNING (ERP)

& STUDENT INFORMATION SYSTEM (SIS),

NBISD GENERAL TERMS and CONDITIONS

Which includes:

I. Notice to Offerors;

II. Instructions to Offerors;

III. General Conditions;

IV. Responsibilities of Offerors;

V. Contract Specifications

Prepared and issued by:

Department of Purchasing & Materials Management – New Braunfels ISD

1000 N. Walnut Ave.

New Braunfels, Texas 78130

Phone – 830-643-5758 Fax – 830-643-5701

Purchasing Department 1000 N. Walnut Ave.

(830) 643-5758 - Phone New Braunfels, Texas 78130

(830) 643-5701 - Fax

REQUEST FOR PROPOSALS

RFP # 26-10 ENTERPRISE RESOURCE PLANNING (ERP) & SIS SYSTEMS

I. NOTICE TO PROPOSERS

The New Braunfels Independent School District (NBISD) is soliciting requests for proposals for RFP # 26 -10 –

ENTERPRISE RESOURCE PLANNING (ERP) & SIS SYSTEMS per the Specifications/Scope of Work stated elsewhere in this solicitation document.

Proposals will be received electronically until 10:00 AM on March 2, 2026 through the District’ e-Bidding system.

Prices will not be read, nor disclosed in any other manner until the award is made.

IMPORTANT NOTE:

Prospective respondents are prohibited from contacting any Board member, Superintendent, senior staff member, principal, department head, director, manager, or other District employee who has influence in the evaluation or selection process as outlined in paragraph 2.0 in Section II labeled INSTRUCTION TO OFFERORS.

Offerors must submit proposals on EUNA by the time and date specified: 10:00 AM on March 2, 2026

New Braunfels ISD Administration Center

1000 N. Walnut Ave.

Board Room

New Braunfels, Texas 78130

New Braunfels ISD will ask for the Board of Trustees to authorize the Superintendent to enter into negotiations with the top submitter. NBISD has the right to reject any or all proposals.

By:

Ginger Reiland, Director of Purchasing Date of Issue

New Braunfels ISD

P: 830-643-5758 E: greiland@nbisd.org

- END OF SECTION I – NOTICE TO PROPOSERS -

mailto:greiland@nbisd.org

II. INSTRUCTIONS TO OFFERORS

RFP # 26-10 – ENTERPRISE RESOURCE PLANNING (ERP) & SIS SYSTEMS

1.0 GENERAL. The following instructions by the New Braunfels Independent School District are intended to afford Offerors an equal opportunity to participate in the proposal process.

1.1 Before submitting an offer to this solicitation, Offerors shall familiarize themselves with all parts of this solicitation because these parts become a part of any resulting contract.

1.2 Offerors shall familiarize themselves with existing conditions in the material and labor markets prior to submission of an offer. The fact that an offer (bid/proposal) is submitted will be construed by the NBISD Board of Trustees to indicate that the Offeror agrees to carry out the furnishing of products/services in full accordance with the specifications and other contract documents notwithstanding existing material and labor markets’ conditions.

1.3 NBISD’s procurement official for this contract is Ginger Reiland, Director of Purchasing. Questions regarding specifications may be directed only to Ms. Reiland through the District’s e-Bidding system. Questions submitted through the District’s e-Bidding system provide a written record of the question for documentation of the contact made between the Offeror and the District. Any explanation or request for clarification or additional information by an Offeror regarding the meaning or interpretation of these instructions, or any other RFP documents, must be requested in writing via EUNA by 10:00 AM on March 2, 2026 in order to provide sufficient time for a reply to reach all interested Offerors to consider and include the information in submission of their offers. Oral explanations or instructions will not be binding. Offerors are prohibited from contacting the technical/functional expert directly for information related to this RFP.

1.4 A functional area expert or a day-to-day contract administrator or manager for NBISD may be identified elsewhere in this document. Functional area experts, day-to-day contract administrators/managers, teachers, principals, and/or other district employees are not authorized to substantially amend this solicitation document or to substantially modify the subsequent contract. Substantially includes, but is not limited to, changes to delivery dates, place of delivery, and/or specifications that significantly alter the form, fit, and function of a product or the scope of work of a service. Amendments to solicitation documents will be made by the Director of Purchasing.

Modifications to contracts/agreements will be made by the Director of Purchasing, the Chief Business and Support Services Officer, and/or the Superintendent in accordance with the NBISD Board’s guidance, policies, and/or procedures. If a vendor acts on the guidance of a district employee that is not authorized to make changes, the vendor does so at his or her own risk or peril. Also, if a vendor attempts, or gains, a modification/amendment from a district employee that is not authorized to make changes, the vendor does this at his or her own risk or peril and risks the termination of his or her contract/agreement.

1.41 NBISD’s technical/functional manager for this contract is Matt Jones, Chief Communications and Technology

Officer. Mr. Jones’ contact information is provided in the table below:

Name Title Phone: E-Mail:

Matt Jones Chief Communications and

Technology Officer 830-643-5740 mjones@nbisd.org

1.4.2 Contact should be made with Mr. Jones only after this RFP has been awarded and to arrange the implementation of the selected ENTERPRISE RESOURCE PLANNING (ERP) & SIS SYSTEMS solution.

mailto:mjones@nbisd.org

1.4.3 During the solicitation process, all contact should be directed to the assigned Director for this purchase, Ginger

Reiland, using the question module within the e-Bid system.

1.5 The terms Offeror, contractor, proposer, vendor, and/or bidder refer to the person/firm that submits the offer to this solicitation document. The terms NBISD, owner, district, and/or government entity refer to New Braunfels Independent School District.

1.6 For the purposes of this section, the term Bidding Documents also means, proposals, quotes, qualification statements, Competitive Sealed Proposals, and refer to this solicitation, regardless of any formal definitions described in any statute, policy or regulation applicable to NBISD.

2.0 RESTRICTED CONTACT PERIOD.

2.1 The Restricted Contact Period shall mean a prohibition on any communication regarding any request for proposal

(RFP), bid, request for Qualification Statement (RFQ) or other competitive solicitation (as defined in the procurement methods above) between:

2.1.1 Any person who seeks an award from the District or its affiliated entities including a potential vendor or vendor’s representative; and

2.1.2 Any Board member, Superintendent, senior staff member, principal, department head, director, manager, or other District employee who has influence in the evaluation or selection process.

2.2 Furthermore, campaign contributions, gifts, donations, and any other items of value are prohibited between the parties defined above for any known contract under consideration during the restricted contact period. The District shall review historical campaign finance reports to identify campaign contributions for the applicable period and hold newly elected Board members to the same accountability standard as existing Board members during the restricted contact period.

2.3 The restricted contact shall not apply to communication with the District’s Procurement Services staff. Such communications shall be limited to the purpose of obtaining clarification or information concerning the subject solicitation or conducting contract according to guidance in 1.3 in Section II labeled Instructions To Offerors above.

2.4 The restricted contact period shall begin upon the issuance of an RFP, bid, or other competitive solicitation (as defined under procurement methods above) and will officially end upon execution of an award by the Board and/or the execution of a negotiated contract, whichever represents the final act in the procurement process. A weekly e-mail notification shall be sent to the Board, Superintendent, and cabinet-level staff members of open competitive solicitations, and the notification shall remain in effect until the execution of the awarded contract by all required parties. The Procurement Services Department shall also provide public notice on our website at https://nbisd.bonfirehub.com/portal/?tab=openOpportunities .

2.5 Regardless of the above time period, it is not acceptable for a potential vendor to participate in determining the scope of work, strategic direction, technical specifications, or evaluation criteria of such projects. Nothing contained in this policy shall prohibit any potential vendor or vendor’s representative from:

2.5.1. Making public representations at scheduled pre-bid conferences or scheduled selection and negotiation committee meetings;

2.5.2. Engaging in contract negotiations during any scheduled meeting;

2.5.3. Making a public presentation to the Board during any duly noticed public meeting; or

2.5.4. Conducting business on contracts previously executed and currently in force.

2.6 The potential vendor or vendor’s representative shall send all written communication directly to the designated procurement staff.

2.7 Nothing in this policy shall prohibit the procurement staff from initiating a contact with a potential vendor or vendor’s representative and subsequent communication for the purpose of obtaining clarifying information regarding a response to an RFP, bid, or competitive solicitation. Such contact shall be in writing and shall be provided to the members of the applicable procurement staff, including any response thereto.

3.0 SPECIFICATIONS. Offerors are expected to examine the specifications, standard provisions, Scope/Statement of Work and all instructions contained in this Proposal document. Failure to do so will be at the Offeror’s risk. Offers submitted on other than the authorized forms provided in this solicitation document or with different terms or provisions may be considered to be non-responsive.

4.0 INFORMATION REQUIRED. Each Offeror shall furnish the information required by the RFP documents.

5.0 SUBMISSION OF PROPOSALS. The Offeror should propose his/her lowest and best price on each item. Shipments will be made to FOB Destination. Faxed proposals will not be accepted.

5.1 The proposed price should be firm (fixed).

5.2 NBISD is exempt from federal excise taxes, state and local sales and use taxes.

5.3 Failure to sign/acknowledge the offer will disqualify it.

6.0 DISCUSSIONS/NEGOTIATIONS. Discussions/Negotiations may be conducted with Offerors who are deemed to be within the final competitive range; however, NBISD reserves the right to award a contract without discussions/negotiations. The competitive range will be determined by NBISD’s Director of Purchasing and will include only those initial offers that the Director of Purchasing determines have a reasonable chance of being awarded a contract.

7.0 BEST AND FINAL OFFERS. If discussions/negotiations are conducted, Offerors will be required to submit a best and final offer if price/delivery or factors agreed to during negotiations have changed from the originally submitted bid. Best and final offers must be received by the date/time provided during discussions/negotiations or the originally submitted bid will be used for further evaluation and award recommendation. Best and final offers may be required as early as 24 hours after completion of negotiations/discussions.

8.0 MODIFICATION OR WITHDRAWAL OF BIDS. Proposals may be modified or withdrawn using the Euna Electronic Bid System

9.0 OPENING BIDS. A formal “opening” will not be held and no prices will be read. Trade secrets and confidential information contained in proposals shall not generally be open for public inspection, but NBISD’s records are a matter of public record.

10.0 PROCUREMENT SCHEDULE. This following procurement schedule will be utilized for this process:

(This space left blank intentionally)

- END OF SECTION II - INSTRUCTIONS TO OFFERORS -

SCHEDULE OF EVENTS DATE / TIME

Released/Posted/Distributed January 20, 2026

Deadline to Submit Questions (via NBISD’s eBid system) February 10, 2026 @ 10:00 AM

Addendum for Q & A Posted (if needed) February 18, 2026 @ 10:00 AM

Responses Due/Opened (electronically): March 2, 2026 @ 10:00 AM

Proposals Reviewed

Formal Interviews & Presentations (if required): Month of March (Will be Notified)

Board Meeting May 11, 2026

Effective Date of Resulting Agreement

(Dates and times are subject to change and will be notified by Addendum)

III. GENERAL CONDITIONS

1.0 SCOPE OF PROPOSAL.

1.1 The New Braunfels Independent School District (NBISD) requests proposals from qualified firms to provide

ENTERPRISE RESOURCE PLANNING (ERP) & SIS SYSTEMS, according to the Specifications/Scope of Work included elsewhere in this document.

1.2 This RFP solicitation is in six (6) parts/sections: I. Notice to Offerors; II. Instructions to Offerors; III. General Conditions;

IV. Responsibilities of Offerors; V. Contract Specifications; and VI. Line Item(s) in Euna. These parts are applicable and form a part of all contract documents and a part of the terms/conditions of all purchase orders for products included in the specifications and offer forms.

1.3 This is a Lump Sum Purchase Contract and effective for one year from date of the award but may be extended to cover additional work for this project, if needed.

1.31 (a) Length of Contract: All responses to this RFP shall be for an initial purchase and implementation with an annual maintenance agreement between the District and the provider to be in place throughout the District’s current capital construction campaign. Any changes to the scope of services provided under this contract that may result in changes to the terms, conditions, and fees can be redefined and negotiated.

All proposers must agree to fully warrant and guarantee all information in its response.

2.0 CONDITIONS OF AGREEMENT. The conditions of agreement consist of the following and in the event of conflicting provisions, the order of importance is:

● Notice to Proposers

● Instructions to Offerors

● General Conditions

● Responsibilities of Offerors

● Contract Specifications

● Appendices A, B, C & D

3.0 BID SUBMITTAL. A signed/acknowledged, submitted proposal constitutes an offer to perform the work and/or deliver the product(s) specified in the solicitation, combined with the acceptance of said proposal by the District. No products shall be delivered, nor work be performed without a Purchase Order issued to the successful vendor(s), written on an official District Purchase Order Form, prior to the products being delivered or work being performed. Under NO circumstances are vendors to deliver products or perform work without a valid Purchase Order received prior to the delivery or performance.

4.0 BRANDS AND MODELS. Brands and model numbers, where listed, are used for specification reference only unless otherwise stated, and are not intended to limit consideration of an approved equal or equivalent item. Descriptive information or a sample may be requested for any item proposed other than the referenced item.

5.0 EQUIVALENT OR APPROVED EQUAL. Whenever a product is defined in any of the Conditions of Agreement by describing a proprietary product, or by using the name/model of a manufacturer or vendor, the term “or other units considered to be equivalent”, if not inserted, shall be implied. The specific product described shall be understood as indicating the type, function, and minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude products of comparable quality, design, and efficiency.

5.1 If a brand/model is offered other than the one specified, complete descriptive information of the product offered must be included with the bid. Products being proposed as an equal to the items specified must be available for inspection/evaluation by NBISD.

Samples, when requested, must be furnished within five (5) working days of the request at no cost to the district. If not destroyed during evaluation, samples may be returned to the Offeror on request at Offeror’s expense.

5.2 Determination of equivalent or approved equal is at the sole discretion of NBISD.

5.3 If the Offeror takes no exception to specifications of referenced data, brand names, models, etc. must be provided as specified.

6.0 SPECIFICATIONS. The Offeror shall note in writing any deviations, including manufacturer and/or model, from the specifications and shall submit those changed specifications as alternates.

7.0 GENERAL EVALUATION. NBISD will generally award contracts based upon the lowest, responsive, responsible offer, price and other factors considered as required in Texas Education Code §44.031 (b). It is not the practice of the district to award purchases on the basis of low price alone. Contracts may be awarded on a lump sum basis or on a unit price basis, provided that, in the event, a contract specifies a unit price basis, the compensation paid by NBISD shall be based upon the actual quantities supplied. In determining the

"lowest responsible" offer, NBISD may consider, in addition to price, other factors such as compliance with the RFP documents, delivery requirements, suitability of product, costs of maintenance and operations, training requirements, warranties, availability of repairs or other services, past performance of the vendor, other factors contributing to the overall costs, both direct and indirect, related to an item, and compliance with NBISD's policies, procedures and goals.

7.1 The district may award a contract to the responsive, responsible Offeror with the lowest aggregate offer. If unable to award as a package, the district will evaluate proposals and may award alternate awards.

7.2 Extensions of unit prices shown will be subject to verification by the district. In the case of conflict between the unit price and the extension, the unit price will prevail.

7.5 In the event identical bids are submitted which are determined by NBISD to be the lowest responsible offers, usually, one offer will be selected as the successful vendor. If one of the Offerors submitting identical bids is a resident of the District, that Offeror shall be selected. If two or more such Offerors are residents of the District, one shall be selected by the casting of lots. In all other cases, one of the identical offers shall be selected by casting of lots.

7.6 In determining how to award a contract or contracts in conjunction with the RFP, the District shall follow the Texas

Education Code §44.031 (b) as the primary Evaluation Criteria, as listed below:

7.6.1 The purchase price;

7.6.2 The reputation of the vendor and of the vendor's goods or services;

7.6.3 The quality of the vendor's goods or services;

7.6.4 The extent to which the goods or services meet the district's needs;

7.6.5 The vendor's past relationship with the district;

7.6.6 The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses;

7.6.7 The total long-term cost to the district to acquire the vendor's goods or services;

7.6.8 for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner:

(A) has its principal place of business in this state; or

(B) employs at least 500 persons in this state; and

7.6.9 Any other relevant factor specifically listed in the request for bids or proposals.

7.7 SELECTION PROCESS:

7.7.1 EVALUATION COMMITTEE: If deemed necessary, the evaluation and selection of vendor(s) for contract award will be conducted by an Evaluation Committee. The Evaluation Committee will be composed of members from New

Braunfels ISD based on position, expertise in the area for which the procurement is being conducted, or as the requestor of the procurement process. The New Braunfels ISD reserves the right to add, delete or substitute members of the

Evaluation Committee as it deems necessary. The Purchasing Department is responsible for administering the evaluation process and will serve in a non-voting capacity.

7.7.2 PRICING: All fees and charges should be included in the prices section. However, if the proposer anticipates any extraordinary charges, they must be detailed in the proposal.

7.7.3 Comprehensive equipment/software and service solution which has the most compatibility with the environment and which best meets the complete needs of the New Braunfels ISD.

7.7.4 The Evaluation Committee will narrow the submitted bids to the few that best meet the requirements of the request for Competitive Sealed Proposals (CSP) and which best meets the complete needs of the New Braunfels ISD.

At that point, interviews may be scheduled for demonstrations or further discussions about the goods or services included in your response. If a contract is not agreed upon, the committee may begin negotiations with the second best proposer. This will continue until an acceptable agreement can be developed. The resulting contract will be sent to the

Board for approval along with the award recommendation.

7.8 ADDITIONAL CRITERIA SPECIFIC TO THIS REQUEST FOR PROPOSALS:

7.8.1 ADDITIONAL EVALUATION CRITERIA OF BIDS and AWARD of CONTRACT – Additional criteria than those listed in 7.6.1 – 7.6.9 may be utilized in conjunction with this request for Competitive Sealed Proposals (CSP). If additional criteria are used, it is listed below and each additional criterion is given specific value as noted.

8.0 RESERVATION OF RIGHTS. NBISD expressly reserves the right to:

(a) Reject or cancel any or all proposals;

(b) Waive any defect, irregularity or informality in any proposal or RFP procedure;

(c) Waive as an informality, minor deviations from specifications at a lower price than other proposals meeting all aspects of the specifications if it is determined that total cost is lower and the overall function is not impaired;

(d) Reissue a RFP;

(f) Consider and accept an alternate proposal as provided herein when most advantageous to NBISD;

(g) NBISD has the right to cancel the contract with a thirty-day written notice, without prejudice, for factors including, but not limited to, non-availability or non-appropriation of funds; and/or

(h) Procure any item or services by other means to meet time-sensitive requirements.

9.0 ACCEPTANCE. Notification of award will be communicated by a letter of acceptance or may be made public on the District’s

Purchasing website https://nbisd.org/departments/business-office/ . If notified by letter, email, or through the District’s eBidding system, the letter of acceptance citing the RFP consummates the contract, which consists of the RFP, the vendor’s offer, and the signed letter of acceptance. Subsequent purchase or delivery orders may be issued as appropriate.

10.0 INVOICES AND PAYMENTS. The Offeror shall submit separate invoices, in duplicate, on each purchase order after each delivery and/or completed project. Invoices shall indicate the purchase order number and the RFP number. Invoices shall be itemized. If applicable, a copy of the bill of lading should be attached to the invoice and mailed to NBISD at the address specified on the purchase order. No charge or addition to the accepted price shall be made by the vendor for delivering, placing, or invoicing product(s). Payment shall not be due until all items on the purchase order have been received by NBISD (unless specified in the specifications) or the project has been completed and the above instruments are submitted and the invoice has been accepted by NBISD. All prices shall be F.O.B.

destination. Funds for completed purchase orders concerning this contract will be available within thirty (30) days of completion and acceptance by the district.

11.0 WARRANTY-PRICE. The price to be paid shall be that contained in Offeror’s proposal, which Offeror warrants to be no higher than Offeror’s current prices on orders, by others for products of the kind and specification covered by this RFP for similar quantities under similar or like conditions and methods of purchase. In the event Offeror breaches this warranty, the prices of the items shall be reduced to the Offeror’s current prices on orders by others, or in the alternative, NBISD may cancel this RFP without liability to Offeror for breach. Quotes provided to the district, under any resulting contract or agreement from this process, shall reference the products awarded with this contract and shall reflect any discount, in addition to the RFP number.

12.0 TERMINATION. NBISD shall have the right to terminate all or any part of this contract for default if Offeror breaches any of the terms hereof or if the Offeror becomes insolvent or files any petition in bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which NBISD may have in law or equity, specifically including, but not limited to, the right to collect for damages or demand specific performance.

12.1 NBISD has the right to terminate this contract for convenience, without penalty, for non-appropriation or non-availability of funds by delivery to the Offeror of a "Notice of Termination" specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective.

12.2 NBISD may terminate the contract and debar the vendor from future “bidding” for violations of the federal requirements including, but not limited to, “Contract Work Hours and Safety Standards Act”, “Equal Employment Opportunity Act”, and “Energy Policy https://nbisd.org/departments/business-office/ and Conservation Act”.

13.0 ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or any obligation delegated by Offeror without the written permission of NBISD.

14.0 INTERPRETATION. This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms thereof. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used herein, and acceptance of a course of performance rendered under this RFP shall not be relevant to determine the meaning of this CSP even though the accepting party has knowledge of the performance and opportunity for objection.

15.0 APPLICABLE LAW. This RFP, and its resulting contract, shall be governed first by the laws of the State of Texas, and venue for any disputes arising thereunder shall be in Comal County, Texas and secondarily by the Uniform Commercial Code as adopted in the

State of Texas and in force on the date of this RFP.

16.0 NOTIFICATION OF CRIMINAL RECORD. The person or entity submitting an offer must give notice to the district, at the time of offer submission, if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in this conviction of a felony (this requirement does not apply to a publicly held corporation).

17.0 INDEMNIFICATION AND HOLD HARMLESS: Except as otherwise expressly provided, Offeror shall defend, indemnify, and hold NBISD harmless from and against all claims, liability, loss and expenses, including reasonable costs, collection expenses, and attorneys’ fees incurred, which arise by reason of the acts or omissions of Offeror, its agents or employees in the performance of its obligations under this contract. This clause shall survive termination of this contract.

18.0 ASSIGNMENT OF OVERCHARGE CLAIMS. Successful Offeror shall assign to NBISD any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA, Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.

19.0 USE BY OTHER GOVERNMENT ENTITIES. The Texas Education Code 44.031 (a)(5) allows for government entities, i.e. state agencies, local governments and school districts, to enter into cooperative agreements to allow the procurement process to be performed by a single entity on behalf of all those electing to participate. Any of the above entities may be granted the privilege of joining the awarded contract at the option of the successful bidder only. In the event the successful bidder allows another governmental entity to join the New Braunfels ISD contract, it is expressly understood that the New Braunfels ISD shall in no way be liable for the obligations of the joining governmental entity.

20.0 REPRODUCTION, DISTRIBUTION, ASSIGNMENT and DELEGATION. Copies of this Request For Proposals document may be reproduced for convenience in collaborating or working with other individuals in the company submitting the proposal; however, the vendor registered as the plan holder must submit his/her proposal on the original Request For Proposals document. NOTE: Vendors may not collaborate with any other vendor in preparing his/her proposal.

20.1 ASSIGNMENT/DELEGATION. No right or interest in a contract resulting from this request for Request For Proposals process shall be assigned or any obligation delegated by Offeror without the written permission of the New Braunfels Independent School

District.

21.0 DISTRIBUTION. The New Braunfels Independent School District owns the exclusive right to distribute this and any procurement document to vendors requesting to be included in the procurement process or to vendors that have been identified as vendors qualified to provide the goods and/or services required in this document.

22.0 REQUIRED FORMS: This RFP has a number of items that require responding vendors to certify and assure NBISD of acceptance. If submitting electronically, the required forms must be completed and uploaded for submission to be complete. Failure to comply will disqualify your offer. The required forms are not in special order:

22.1 PROPOSAL FORMS CHECKLIST: This form is used as a checklist for proposing vendors to indicate that each required form has been reviewed and addressed as part of your bid response. This form does not apply for procurement processes administered through the e-bidding system.

22.2 AFFIDAVIT OF AUTHORITY AND NON-COLLUSION: This is a sworn statement that the individual presenting the offer to NBISD is authorized to represent the firm making the offer and that the firm will enter into any resulting agreement. It further affirms, under sworn statement, that the Qualification Statement was not prepared in collusion with any competing vendor nor were price fixing and pre-arranged agreements made prior to or during the administration of this process. Prospective vendors must comply for a

Proposal, Qualification Statement, proposal or bid to be considered.

22.3 STATEMENT OF COMPLIANCE/DEVIATION FORM: This attribute is a sworn statement that the Qualification

Statement complies with all specifications and/or scope of work contained in the solicitation document, unless listed in the Exceptions section on this form, which is provided for the express purposes of identifying exceptions being taken from the specifications and/or scope of work.

In the absence of any deviation entry on this form, the bidder assures the District of his/her full compliance with the Standard

Terms and Conditions, Item Specifications, and all other information contained in this document. Prospective vendors must comply for a Proposal, Qualification Statement, proposal or bid to be considered.

22.4 FELONY CONVICTION NOTICE: Texas State Law requires that persons or entities entering into business agreements with School districts must give notice to the district if the person or owner has been convicted of a felony. This attribute addresses this

Requirement and must be submitted. NOTE: Conviction of a felony does not necessarily disqualify a vendor from receiving a Contract, but are examined on a case-by-case basis. Prospective vendors must comply for a Proposal, Qualification Statement or bid to be considered.

22.5 PROPOSAL QUESTIONNAIRE: If required, this attribute is used for the purpose of providing in-depth information about the firm submitting the offer, including experience levels, special training and/or skills needed to provide the services or goods required of the solicitation. Prospective vendors must comply for a Proposal, Qualification Statement or bid to be considered.

22.6 CONFLICT OF INTEREST COMPLIANCE FORM: This attribute is required in conjunction with House Bill 914, which went into law September 1, 2005, and became effective January 1, 2006. This is a three-page form, the first of which is a Notice to

Vendors and the remaining two pages are the Conflict of Interest Questionnaire. Response to this fulfills requirements under Chapter 176, Section 176.006 (a) of the Texas Local Government Code. Vendors are required to complete this and include in his/her response, if applicable. Prospective vendors must address this for a Proposal, Qualification Statement or bid to be considered.

NOTE: Submitting a Conflict of Interest Disclosure Statement does not necessarily disqualify a vendor from receiving a Contract but are examined on a case-by-case basis.

22.7 IRS FORM W-9: This is a required form by the IRS for government entities that pay vendors in excess of $600.00 annually in order to issue a 1099 form and is required in conjunction with the reporting requirements by the Internal Revenue Service.

Prospective vendors must comply for a Proposal, Qualification Statement or bid to be considered.

22.8 NBISD CONTRACTOR CERTIFICATION: Texas Education Code chapter 22 requires service contractors to obtain criminal history record information regarding covered employees and to certify to the District that they have done so. Covered employees with disqualifying convictions are prohibited from serving at a school district. This attribute certifies that the vendors submitting will perform the required background check according to state law. Prospective vendors must comply for a Proposal, Qualification

Statement or bid to be considered.

22.9 CHAPTER 2270 (BOYCOTT) VERIFICATION: This form contains a requirement for vendors competing on government contracts to declare that, at the time they are seeking to contract with a government entity they 1) do not boycott Israel, and 2) they will not boycott Israel during the term of the contract with the government entity. “Boycott Israel” means 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 specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and “Company” means a for-profit sole proprietorship, 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 business associations that exist to make a profit. This requirement became effective on September 1, 2017 resulting from the passage of House Bill 89. (Pursuant to Texas Government Code

§2270 and §808.001). Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

22.10 CHAPTER 2272 (NON-ABORTION AFFILIATION) VERIFICATION: Pursuant to Texas Government Code Chapter 2272, the District is prohibited from contracting with any abortion provider or an affiliate of an abortion provider whereby the provider or affiliate receives something of value derived from state or local tax revenue. Any contract entered into by the District is void if the prospective vendor has such a prohibited affiliation or contractual relationship. By submitting a proposal in response to the request for proposal, you are certifying to the District that you do not have such an affiliation or contractual relationship. This requirement became effective on September

1, 2019 resulting from the passage of Senate Bill 22. (Pursuant to Texas Government Code §2272.001 - .005) Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

22.11 DOES NOT DISCRIMINATE AGAINST FIREARM AND AMMUNITION INDUSTRIES: Pursuant to Texas Government

Code, Chapter 2274, as amended, if Contractor is 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 business associations (specifically excluding sole proprietorships) that exists to make a profit which has ten (10) or more full-time employees and the value of the contract with Owner is $100,000 or more, the Contractor represents and warrants to the Owner that the Contractor does not and will not Discriminate Against Firearm and Ammunition Industries during the term of this Agreement.

If not exempt from this requirement, pursuant to Texas Government Code Chapter 2274, as amended, the undersigned authorized representative of the company named below (hereinafter referred to as Company), verifies, represents and warrants to the

New Braunfels ISD that the Company:

1. Does not Discriminate Against the Firearm and Ammunition Industries and;

2. Will not Discriminate Against Firearm and Ammunition Industries during the term of the contract (if any) between the above-named Company, business or individual with the New Braunfels Independent School District.

Effective Sept. 1, 2021

Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered

22.12 DOES NOT BOYCOTT CERTAIN ENERGY COMPANIES: Pursuant to Texas Government Code, Section 1, Subtitle A, Title 8, as amended by adding Chapter 809, and Section 2, Subtitle F, Title 10, as amended by adding Chapter 2274, (TX SB13 |

2021-2022 | 87th Legislature), if Contractor is a for-profit sole proprietorship, 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 business associations, that exists to make a profit, which has ten (10) or more full- time employees and the value of the contract with Owner is $100,000 or more, the Contractor represents and warrants to the Owner that the Contractor does not and will not boycott certain energy companies during the term of this Agreement.

If not exempt from this requirement, pursuant to Texas Government Code Chapter 2274, as amended, the undersigned authorized representative of the company named below (hereinafter referred to as Company), verifies, represents and warrants to the

New Braunfels ISD that the Company:

1. Does not boycott energy companies; and

2. will not boycott energy companies during the term of the contract (if any) between the above-named company, business or individual with the New Braunfels Independent School District

This statement will also be included in any contract that may result from this procurement. Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

23.0 INSURANCE. The successful Offeror, at his/her own expense, shall provide and maintain insurance with fiscally sound firms (at least an AM Best rating of A-) authorized to do business in Texas as follows. The successful Offeror may be required to provide a copy of insurance coverage to NBISD. Insurance certificates may contain a provision, or Offeror’s signature on this bid/proposal certifies, that coverage afforded under the policies will not be canceled until at least thirty (30) days prior written notice has been given to NBISD.

Insurance must remain in effect for the duration of this contract. In some cases, the district may be required to be named as an additional insured on the vendor’s insurance coverage. If the district is to be named as an additional insured on the vendor’s insurance coverage, the certificate indicating this should be provided within ten (10) calendar days from the date of award at the vendor’s expense. If the district requires a certificate of insurance, the bid/proposal number and title should be noted in the “Description of

Operations/Locations/Vehicles/Special Items” block of the certificate and the “Certificate Holder” block of the certificate should read, “New

Braunfels ISD, Attn: Director of Financial Services, 1000 N. Walnut Ave., New Braunfels, TX 78130.” Additional insurance requirements may be required for construction and/or services projects and will be identified elsewhere in this document. Included in this Request for

Proposal solicitation as Exhibit No. 1 is a sample Insurance Certificate for all vendors to indicate the amount coverage that is currently in place and is extended to NBISD. If required, return proof in your response.

23.1 Workers’ Compensation: Successful Offeror must maintain workers’ compensation coverage for employees as required by all applicable Federal, State, Maritime, and local laws including Employer’s Liability with a limit of at least $100,000. If required, all vendors submitting bids or proposals shall include a copy of his/her current insurance certificate indicating coverage of the following lines of coverage in the following minimum amounts:

NBISD Insurance Certificate Required Coverage

Coverage Type/Description Indemnification Limits

23.2 Comprehensive General Liability: General Aggregate $1,000,000

Products - Comp/or Aggregate $300,000

Commercial General Liability: Personal & Adv. Injury $300,000

Claims Made Occurrence: Each Occurrence $300,000

Owner's Contractor's Protection: Fire Damage (Any one fire) $50,000

Med. Expense (Any one person) $5,000

23.3 Property Damage: Aggregate $600,000

Bodily Injury Each Person $300,000

Each Accident $300,000

Each Occurrence $100,000

23.4 Automobile liability for: Combined Single Limit: $1,000,000

Any Auto: Bodily Injury Each Person: $100,000

All Owned Autos: Bodily Injury Per Accident: $300,000

Scheduled Autos:

Hired Autos: Property Damage – Aggregate: $300,000

Non-Owned Autos: Property Damage Each Occurrence: $100,000

Garage Liability: Aggregate: $300,000

23.5 Umbrella form - Excess liability: $1,000,000

State the limits that your company carries:

23.6 Worker's Compensation:

Statutory and Each

Accident $500,000

Employer's Liability Disease-Policy Limit: $500,000

Disease-Each employee: $500,000

23.7 The insurance requirements, as listed above also apply to any subcontractor(s) in the event that any work is sublet. The contractor is responsible for ensuring that the subcontractor(s) meets the minimum insurance requirement limits as by law.

23.8 Should any of the above described policies be canceled before the expiration date, the issuing company will mail thirty

(30) days written notice to the certificate holder, New Braunfels ISD.

23.9 The Contractor shall agree to waive all right of subrogation against the District, its officials, employees, and volunteers for losses arising from work performed by contractor for the District.

23.10 The contractor shall hold the District harmless from and indemnify it against all liability, including attorney's fees, which may arise from and accrue directly from the performance of the work or any obligation of Contractor or failure of Contractor to perform any work or obligation provided for in this Agreement.

23.11 The selected bidder will be required to supply an insurance certificate naming New Braunfels Independent School

District as an additional insured within 10 calendar days of the date of award.

23.12 You are required to submit a certificate of insurance for the above insurance requirements with your bid. NOTE: Items

#23.9, #23.10, and #23.11 shall be required of the successful vendor(s).

24.0 WORKERS’ COMPENSATION COVERAGE. A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project is required for the duration of the project.

Duration of the project includes the time from the beginning of the work on the project until the project has been completed and accepted by the district.

24.1 Individuals providing services on the project ("subcontractor" in Texas Labor Code 406.096) include all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity that furnishes people to provide services on the project.

24.2 Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

24.3 The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401.011 (44) for all employees of the contractor providing services on the project for the duration of the project.

24.4 The contractor must provide a certificate of coverage to the district prior to being awarded the contract.

24.5 If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the district showing that coverage has been extended.

24.6 The contractor shall obtain from each individual providing services on a project, and provide to the district:

(a) A certificate of coverage, prior to those individuals beginning work on the project, the governmental entity will have on file certificates of coverage showing coverage for all people providing services on the project and;

(b) No later than seven days after receipt by the contractor, a new certificate of coverage showing the extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

24.7 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

24.8 The contractor shall notify the district in writing by certified mail or personal delivery, within ten (10) days after the contractor knows or should have known of any change that materially affects the provision of coverage of any person providing services on the project.

24.9 The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Workers'

Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

24.10 The contractor shall contractually require each person with whom it contracts to provide services on a project to:

(a) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401.011 (44) for all of its employees providing services on the project for the duration of the project;

(b) Provide the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is provided for all employees of the person providing services on the project for the duration of the project;

(c) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing the extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

(d) Obtain from each other person with whom it contracts, and provide it to the contractor:

(1) A certificate of coverage, prior to the other person beginning work on the project; and

(2) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(e) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(f) Notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(g) Contractually require each person with whom it contracts to perform as required by items 1-7, with the certificates of coverage to be provided to the person for whom they are providing services.

24.11 By submitting a proposal in response to this solicitation, signing a resulting contract, providing, or causing to be provided, a certificate of coverage, the contractor is representing to the district that all employees of the contractor who will provide services on the project will be covered by…