1-RFP 26-002 E-Rate FY 2026 - Switchgear.pdf

Somerset Independent School District

REQUEST FOR PROPOSALS (RFP)

RFP 26-002 E-RATE FY 2026 – SWITCHGEAR

Release Date: Thursday, December 04, 2025 @ 8:00 AM CST Mandatory Walk-Through: Wednesday, January 07, 2026 @ 10:00 AM CST Questions Due Date: Friday, January 09, 2026 @ 3:30 PM CST Submission Due Date: Monday, January 26, 2026 @ 1:30 PM CST Bid Opening Date: Monday, January 26, 2026 @ 3:30 PM CST

PO Box 279

Somerset, TX 78069

Page 1 of 23 Somerset Independent School District RFP 26-002

Somerset Independent School District Purchasing Department PO Box 279 Somerset, Texas 78069 Phone: 210-750-8957 Business Hours: 7:30 AM – 4:30 PM (CT)

Release Date: December 04, 2025 Page 1 of 23 Pages

RFP 26-002

E-Rate FY 2026 – Switchgear

Opening Date & Time:

Monday, January 26, 2026 @ 3:30 PM CST

INSTRUCTIONS, SUBMISSION OF PROPOSALS, REQUIRED DOCUMENTS, AND

PROCEDURES

1.0 GENERAL INFORMATION

The Somerset Independent School District (SISD) is soliciting sealed proposals for “Switchgear”. See Section 8.0 for details. This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected, and the contractual terms by which the Somerset Independent School District intends to govern the relationship between it and the selected Vendor. It is the intention of the Somerset Independent School District to award the contract to the company or companies that appear most advantageous to the District.

Proposals must be uploaded to the Euna Procurement Portal https://sisdk12.bonfirehub.com/portal, submitted, and finalized before the due date and time of Monday, January 26, 2026 @ 1:30 PM CST.

PHYSICAL OR FAXED PROPOSALS WILL NOT BE ACCEPTED. SPAM AND/OR ROBOTIC RESPONSES

WILL NOT BE CONSIDERED VALID BID RESPONSES AND WILL BE DISQUALIFIED FROM

CONSIDERATION. BY SUBMITTING A PROPOSAL, THE PROPOSER AGREES TO PROVIDE THE

GOODS/SERVICES IN FULL ACCORDANCE WITH THE SPECIFICATIONS AND OTHER CONTRACT

DOCUMENTS, NOTWITHSTANDING EXISTING MATERIAL AND LABOR MARKET CONDITIONS.

MANDATORY WALKTHROUGH

All vendors who wish to bid on this project must attend a walkthrough on Wednesday, January 07, 2026 at 10:00 AM. Vendors will meet John Kennedy at the Somerset Independent School District Administration Office located at 7791 6th Street, Somerset, TX. For questions about the walkthrough please contact the District via the Euna Procurement Portal.

Note: Timelines set forth herein may be strictly enforced by the District. The District, however, maintains sole discretion to adjust any deadline or timeline to suit the best interests of the District.

TIMELINE

Item Activity Date

1 RFP Released December 04, 2025

2 Mandatory Walk-Through January 07, 2026

3 Questions Due January 09, 2026

4 Proposals Due January 26, 2026

5 Anticipated Award Date/Board Meeting February 09, 2026

The designated Bid Specialist during the proposal process shall be John Kennedy, Technology Director, PO Box 279, Somerset, Texas 78069, phone 210-750-8960 ext. 6135, or John.Kennedy@sisdk12.net . All communications pertaining to the RFP shall be addressed in writing, as indicated in the next paragraph.

https://sisdk12.bonfirehub.com/portal mailto:John.Kennedy@sisdk12.net

Page 2 of 23 Somerset Independent School District RFP 26-002

1.1 COMMUNICATION WITH THE SOMERSET INDEPENDENT SCHOOL DISTRICT: It is the responsibility of the proposer to inquire about any requirements of this RFP that are not understood. Questions concerning the RFP will be answered only if sent in writing and submitted through the Euna Procurement Portal at https://sisdk12.bonfirehub.com/portal, on or before January 09, 2026, at 3:30 PM CST. Q&A will be published publicly through the Euna Procurement Portal. If a change or clarification to the RFP is made in a substantial manner, addenda will be posted online. The Somerset Independent School District will not be bound by oral responses to inquiries or written responses other than the RFP Q&A feature mentioned above. Proposers SHALL NOT contact any other District employee, School Board member or District consultant during this proposal solicitation, evaluation, and award process without prior approval of the Bid Specialist. Failure to comply may result in disqualification.

1.2 AWARD OF PROPOSAL: Somerset Independent School District Board of Trustees reserve the right to award this proposal on an item‐by‐item basis or a group of items. Somerset Independent School District reserves the right to reject any or all proposals, in whole or in part, and is not necessarily bound to accept the lowest cost proposal.

Somerset Independent School District will conduct a comprehensive, fair and impartial evaluation of all Proposals and will analyze each Proposal to determine overall responsiveness and completeness. The District, in its sole discretion, may deem a Proposal non-responsive if the Proposer fails to comply with the instructions in this RFP or submits an incomplete Proposal. The District may, in its sole discretion, disqualify non-responsive proposals from further evaluation.

1.3 CONFIDENTIALITY: The information contained in proposals submitted for Somerset Independent School District’s consideration will be held in confidence until all evaluations are concluded and an award has been made.

Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. Somerset Independent School District will honor requests for confidentiality for information of a proprietary nature to the extent allowed by law and E-RATE rules. Proposers should clearly mark any information considered confidential and/or proprietary.

1.4 COSTS OF PREPARATION: Proposer assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.

1.5 DEBARMENT: Submission of a signed proposal in response to this solicitation is certification that the proposer (or any sub‐vendor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any City, State or Federal department or agency including, but not limited to the FCC and USAC. Submission is also an agreement that Somerset Independent School District will be notified of any change in this status.

1.6 PROPOSAL UNDERSTANDING: By submitting a proposal, the proposer agrees and assures that the specifications are adequate, and the proposer accepts the terms and conditions herein. Any exceptions should be noted in the proposer’s proposal.

1.7 PROPOSAL VALIDITY: Unless otherwise specified, all proposals shall be valid for 180 days after the due date of the proposal.

1.8 ERRORS: Proposals may be withdrawn or amended by proposers at any time prior to the proposal opening.

If a significant mistake has been made by the apparent low proposer, the proposer will be given the option of fulfilling the contract at the proposed price or withdrawing the proposal. If an extension error has been made, the unit price will prevail.

2.0 GENERAL TERMS & CONDITIONS

2.1 CONTRACT DOCUMENTS: If a separate contract is not written, the contract entered into by the parties shall consist of the RFP, the signed proposal submitted by the Vendor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of Somerset Independent School District and the Vendor, all of which shall be referred to collectively as the Contract Documents.

2.2 CONTRACT VALIDITY: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.

https://sisdk12.bonfirehub.com/portal

Page 3 of 23 Somerset Independent School District RFP 26-002

2.3 CONTRACT ADMINISTRATION: If the Vendor needs clarification of, or deviation from the terms of the contract, it is the Vendor’s responsibility to obtain written clarification or approval from John Kennedy, Somerset Independent School District, 7791 6th Street, Somerset, TX 78069 or at John.Kennedy@sisdk12.net .

2.4 LITIGATION: The Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas without reference to its conflicts of laws principles.

The parties consent to the jurisdiction and venue of the courts of Bexar County, Texas, for any such action under this Contract.

2.5 TAX EXEMPTION: The Somerset Independent School District is a governmental entity and is exempt from the payment of Federal Excise Taxes on articles not for resale, the Federal Transportation Tax on all shipments, and state sales tax. The vendor and sub vendor shall quote and shall be reimbursed less these taxes. Upon application, exemption certificates will be furnished when required.

2.6 EQUAL OPPORTUNITY: In the execution of the contract, the Vendor and all sub vendors agree, consistent with Somerset Independent School District policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veteran’s status and to provide reasonable accommodations to qualified individuals with disabilities upon request.

2.7 INDEPENDENT VENDOR: Whether the Vendor is a corporation, partnership or other legal entity, the Vendor is an independent vendor. The manner in which services are performed shall be controlled by the Vendor, however, the nature of the services and the results to be achieved shall be specified by the Somerset Independent School District. The Vendor is not to be deemed an employee or agent of Somerset Independent School District and has no authority to make any binding commitments or obligations on behalf of Somerset Independent School District except as expressly provided herein.

2.8 INDEMNIFICATION: The Vendor agrees to be responsible for, and to protect, save harmless, and indemnify Somerset Independent School District and its employees from and against all loss, damage, cost and expense (including attorney’s fees) suffered or sustained by Somerset Independent School District or for which Somerset Independent School District may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Vendor or any sub vendor under this agreement.

2.9 QUANTITIES: The quantities shown on this request are based on estimated needs. Somerset Independent School District reserves the right to adjust quantities up or down to meet actual needs.

2.10 PAYMENT: It is the District’s desire to use Service Provider Invoicing (SPI) for all services and equipment related to this RFP. If a vendor is unable or unwilling to provide Service Provider Invoicing, the vendor must notify the district in their response to this RFP. Payment of the undiscounted portion of the project will be made upon receipt of a correct invoice for goods and/or services that have been delivered, installed and accepted. A vendor may submit an invoice for partial installation. All materials must be installed, inspected and approved by Somerset Independent School District prior to final payment. If materials are damaged during installation, the vendor must replace the product with like product prior to final payment. Somerset Independent School District utilizes ACH to pay for goods and services. Proposers awarded a contract as a result of this RFP will be required to provide appropriate banking information to receive payment

2.11 CANCELLATION: Somerset Independent School District reserves the right to cancel this contract without pecuniary risk or penalty upon written notice of the intent. The District reserves the right to cancel this contract upon written notice of the intent. If at any time the vendor fails to fulfill or abide by the terms, conditions, or specifications of this contract, Somerset Independent School District reserves the right to cancel upon thirty days written notification of the intent.

3.0 INSURANCE

3.1 LIABILITY INSURANCE: Vendor must provide evidence of liability and workers comp insurance with this proposal. Somerset Independent School District retains the right of approval for insurance coverage. Somerset Independent School District shall be named as an Additional Insured on the Commercial General Liability insurance. Certificates of Insurance for all of the above insurance shall be filed with the Somerset Independent School District. Certificates shall be filed prior to the date of performance under this Agreement.

mailto:John.Kennedy@sisdk12.net

Page 4 of 23 Somerset Independent School District RFP 26-002

4.0 EVALUATION PROCESS

Somerset Independent School District will award the contract to the responsible service provider who best meets the needs of the District. To determine this service provider, Somerset Independent School District will apply the best value concept.

Evaluation Criteria will include:

Criteria Weight 1 Purchase price of products and/or services 50 2 The reputation of the vendor or the vendor’s services; 10 3 The quality of the vendor’s goods or services; 15 4 The extent to which the goods or services meet the needs of the District; 15 5 The vendor’s past relationship with the district; 5 6 The total long-term cost to the district to acquire goods or services; 5 7 The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; 0

Total 100

4.1 DISQUALIFICATION CRITERIA: The following criteria will be used by the District to disqualify a bid:

Criteria Bids submitted after the due date.

Bids submitted physically or via fax.

Non-responsive proposals (see 1.2) Responses that do not include pricing for specific services or equipment requested in this RFP.

Bids that do not include site or project-specific details, and/or are not responsive to the applicant’s requests.

SPAM bids1 Robotic bids.

Absence of valid Service Provider Identification Number (SPIN) Absence of current FCC Form 473, Service Provider Annual Certification (SPAC) on file with USAC/SLD.

FCDC Red-Light Status of Red.

5.0 CONFIDENTIAL INFORMATION

Proposers are advised that materials contained in their proposals are subject to the Public Information Act and may be viewed and/or copied by any member of the public, including news agencies and competitors. Somerset Independent School District reserves the right to reject any or all proposals received, or to award a contract on the basis of initial offers received without discussions or clarifications. Therefore, the proposal should contain the vendor’s best price and technical response based on the RFP.

6.0 SOMERSET INDEPENDENT SCHOOL DISTRICT OBLIGATIONS

Somerset Independent School District accepts no obligations for costs incurred by vendors responding to this RFP or on being awarded the contract. Somerset Independent School District reserves the right to select a proposal without discussion with the vendors. It is understood that proposals shall become part of Somerset Independent School District’s official files.

Retention of these proposals does not obligate Somerset Independent School District to any action. Somerset Independent School District reserves the right to reject any and all proposals received.

7.0 DEFAULT CONDITIONS

If the contracted service provider breaches any provision, becomes insolvent, enters voluntary or involuntary bankruptcy or receivership proceedings, or makes an assignment for the benefit of creditors, Somerset Independent School District will have the right (without limiting any other rights or remedies that it may have in the contract or by law) to terminate this contract with five days’ written notice to the service provider.

Somerset Independent School District will then be relieved of all obligations, except to pay the value of the service provider’s prior performance (at not exceeding the contract rate). The service provider will be liable to Somerset

1 Emails to the applicant saying that the service provider can provide the general type of service requested and asking for a call-back is not a good faith response to an FCC Form 470 posting and will be considered a SPAM bid

Page 5 of 23 Somerset Independent School District RFP 26-002

Independent School District for all cost exceeding the contract price that Somerset Independent School District incurs in completing or procuring the service as described in this document. Somerset Independent School District’s right to acquire strict performance of any obligation in this contract will not be affected by any previous waiver, forbearance or course of dealing.

E-Rate Contract Terms The contract may be subject to Somerset Independent School District receiving E-Rate funding in the form of a funding commitment decision letter in the amount requested. Prices must be held firm for the duration of the E-Rate 2026 funding year ending June 30, 2027 or until all work associated with the project(s) are complete (including any SLD approved extensions). The work shall be subject to the following conditions:

1. Only applicants holding a valid Service Provider Identification Number (SPIN) are eligible to respond to this RFP.

Entities holding “Red-Light Status” with the FCC or are under any state of debarment as stated in the “Debarment” section listed above are not eligible to respond to this RFP and no proposals submitted by such entities will be considered.

2. Somerset Independent School District expects the proposer/Service Provider to make themselves thoroughly familiar with any rules and regulations regarding the E-Rate program.

3. All contracts entered into as a result of this RFP may be contingent upon the specific funding of the FRN at the percentage rate submitted for.

4. Once a funding commitment decision letter has been issued the maximum percentage Somerset Independent School District will be liable for is the pre-discount amount minus the E-Rate funded amount.

5. No Category 2 installation work can take place before April 1, 2026.

6. In the event of questions during the E-Rate audit process, the successful vendor is expected to reply within 3 days to questions associated with their proposal(s).

7. Somerset Independent School District reserves the right to deny any or all proposals associated with this RFP, even after E-Rate funding approval.

8. Somerset Independent School District reserves the right to fund, or partially fund (proceed with project or purchase) regardless of E-Rate approval.

8.0 SCOPE OF WORK

Switchgear The District is seeking bids for the purchase, installation, and initial configuration of eight (8) switches such as the ones described below:

Quantity Description Three (3) 48 port core switches such as the Cisco C9500-48Y4C-EDU Four (4) 24 port access switches such as the Cisco C9300X-24Y-EDU One (1) 48 port access switch such as the Cisco C9300-48T-E

Switchgear bids should include all the necessary auxiliary equipment, cabling and software needed to successfully put the equipment into service in our network environment such as stacking modules, patch cables, patch panels, racks, fiber connection equipment such as SFPs, network modules, and licenses.

Brands: Brand names that are included in this proposal request are for descriptive purposes, to indicate the quality, design and utility desired. These specifications are not intended to restrict competition. Brands of equal make or type to those specified are acceptable unless otherwise indicated in this proposal request. Each proposer shall indicate the manufacturer's name and model number of the brands being proposed.

Or Equal: Whenever any materials, apparatus, equipment or process is indicated or specified by patent or proprietary name and/or manufacturer, the name so indicated shall be deemed and constructed to be followed by the words, “or approved equal or greater”. If an “or equal or greater” is proposed, the proposer will specify what brand, grade, model, etc. of any proposed substitute. The proposer must also provide a specification sheet and picture of the proposed product. The proposer shall clearly state any differences on the proposal sheet, not on an attachment of any kind. Somerset Independent School District shall determine if the substitution is an equal or greater product after reviewing these items.

Substitutions: Substitutions of brands after the award are not allowed unless prior approval from Somerset Independent School District has been received. Substitutions must be submitted to Somerset Independent School District 30 days prior to substitution. If an item is purchased and later discovered not to meet the original

Page 6 of 23 Somerset Independent School District RFP 26-002 specifications, the vendor shall assume all responsibility and make adjustments as required by the district.

Notice: Lowest Corresponding Price As required by Section 54.500(f) of Part 47 of the Code of Federal Regulation all bids in response to this RFP must offer the lowest corresponding price (LCP) which is defined as the lowest price that a service provider charges to nonresidential customers who are similarly situated to a particular E-Rate applicant (school, library, or consortium) for similar services.

See https://www.usac.org/E-Rate/service-providers/step-2-responding-to-bids/lowest-corresponding-price/ for more information on the requirements relating to LCP.

9.0 SOMERSET INDEPENDENT SCHOOL DISTRICT RESPONSIBILITIES

Somerset Independent School District will provide access during the process of the installation to allow the vendor and its employees access to the premises at all reasonable hours or at such hours as the school district and vendor may agree.

It is understood that the vendor will not be held accountable for any delays caused/permitted Somerset Independent School District.

If the purchase is being made on an E-Rate funded equipment or service and Somerset Independent School District does not receive the full amount of requested E-Rate funding, the applicant has the discretion to nullify and cancel the contract.

10.0 VENDOR’S RESPONSIBILITIES

The vendor must provide all supervision, labor construction tools, equipment, hardware, wiring materials as specified, transportation, construction, unloading, inspecting, and inventory. Whenever in the RFP the terms “provide”, “furnish,” “supply,” or “install,” etc. can be interpreted as requiring the vendor both to furnish and/or install materials, unless specifically notified that provisioning/installation of the materials will be handled by the School District, such tasks will be performed by the vendor.

The vendor will;

● Provide for the installation of all conduits and sleeves through firewalls as required meeting codes,

● Install the wire, cable, and any associated hardware in accordance with the manufacturer's specifications,

● Conduct tests and inspections in the presence of the School District personnel after installation has been completed in order that the School District may be assured that the requirement for the installations are met

● Promptly correct all defects for which the vendor is responsible

● Coordinate all work with the School District’s contact. This contact will be designated at a future date, before the commencement of the installation.

Upon completion of the work each day, the vendor must remove all tools, equipment, rubbish and debris from the premises and must leave the premises clean and neat. Vendors may use subcontractors to perform work. However, all responsibilities rest with the vendor. The vendor will provide the School District with complete detailed test results as outlined in this RFP.

The test results must be delivered to the School District prior to payment. The vendor shall describe and provide a written document of the appropriate product and/or cable plant warranty periods and conditions. Access to buildings with children will occur with proper notification to John Kennedy.

11.0 REQUIRED DOCUMENTS

To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized in the manner specified. The District reserves the right to disqualify Vendor if any required attachments do not accompany the proposal when it is submitted. The proposal may be deemed non-responsive for further consideration.

The Proposal shall be submitted as set forth below:

1. FORM A: Company Information & Antitrust Form (p. 7-9) – .PDF FILE

2. Somerset Independent School District Vendor Certification Form (p. 10-12) – .PDF FILE

3. Somerset Independent School District EDGAR Compliance Form (p. 13-23) – .PDF FILE

4. Conflict of Interest Certification Form (Download from Euna Procurement Portal) – .PDF FILE

5. Proposal for Preferred Specification or Approved Equal – .PDF FILE https://www.usac.org/e-rate/service-providers/step-2-responding-to-bids/lowest-corresponding-price/

Page 7 of 23 Somerset Independent School District RFP 26-002

FORM A – COMPANY INFORMATION

NOTICE

This form requires an original manual signature after each subsection, a manual signature on the final page and must be included with the proposal.

STATE OF §

§ AFFIDAVIT OF OWNERSHIP, CONTROL

COUNTY OF § AND CORPORATE INFORMAITON

I, [full name] (hereafter “affiant”)

[state title/capacity with proposal] of

(proposal’s corporate/legal name), who

ASSURE THE DISTRICT OF THE FOLLOWING:

1. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated;

2. Proposer(s) seeks to do business with the District in connection with ______________________________

____________________________________________________________ [RFP NUMBER AND TITLE] which is expected to be in an amount that exceeds $10,000.

3. The following information is submitted in connection with the proposal, submission or bid of Proposer in connection with the above described project or matter.

Company Name: _________________________________ Company’s EIN # _____________________

Home Office: ___________________________________ Local Office: _________________________

Address: ___________________________________________________________________________

City: ___________________________________________________________________________

State: ______________________________________ ZIP: ________________________________

Phone: ______________________________________ Fax: ________________________________

Contact Person’s Name: _________________________________________________________________

Contact Person’s Phone: ____________________________ Fax: ________________________________

Contact Person’s E-mail: ________________________________________________________________

4. Number of years your organization has been in continuous operation: _____________________________

5. Number of years your organization has been in business under its present business name: _____________

6. Does any officer, partner, owner, sales representative and/or spouse work for the Somerset Independent

School District? ☐ Yes ☐ No

Page 8 of 23 Somerset Independent School District RFP 26-002

7. Type of business entity:

☐ Publicly Traded Corporation ☐ Partnership

☐ Private Corporation ☐ Sole Proprietorship

☐ Limited Partnership ☐ Not for Profit Entity

8. If corporation, answer the following questions:

Date of Incorporation:

State of Incorporation:

Charter Number:

President:

Vice President:

Corporate Secretary:

Treasurer:

9. If partnership or corporation, date of organization creation: ____________________________________

10. If sole proprietor, number of years in business: ____________________________________

11. Are you a member of a Purchasing Cooperative such as BuyBoard, TCPN, Choice Partners, etc.? Please list: _______________________________________________________________________

12. Number of years doing business with SISD: ____________________________________

13. Do you have experience with other school districts? ☐ Yes ☐ No

14. If yes, please list 3 [Organization Name, Contact Person, Phone #, E-mail Address]

Organization Name Contact Person Phone Number E-Mail Address

I ATTEST THAT I HAVE ANSWERED THE QUESTIONS REGARDING COMPANY INFORMATION

TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE.

CORPORATE OFFICER’S SIGNATURE

PRINTED NAME

Page 9 of 23 Somerset Independent School District RFP 26-002

TITLE

ANTITRUST CERTIFICATION STATEMENT

Include with Form A (Texas Government Code §2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this agreement/contract/proposal on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

2. In connection with this proposal, neither I nor any representative of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus & Comm. Code Chapter 15;

3. In connection with this Proposal, neither I nor any representative of the Company have violated any federal antitrust law; and

4. Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company Name: ___________________________________________

Company Address: ___________________________________________

City, State, ZIP: ___________________________________________

Phone: ___________________________________________

Proposer Signature: ___________________________________________

Proposer Printed Name: ___________________________________________

Position with Company: ___________________________________________

(IF DIFFERENT FROM ABOVE)

Official Authorizing Proposal

Corporate Officer’s Signature: ____________________________________

Printed Name: ____________________________________

Position with Company: ____________________________________

Page 10 of 23 Somerset Independent School District RFP 26-002

SOMERSET INDEPENDENT SCHOOL DISTRICT

VENDOR CERTIFICATION FORM

By submitting this offer, the Vendor certifies that he/she is a responsible authorized officer of the company and certifies the accuracy of the following statements:

CERTIFICATION REGARDING TERRORIST ORGANIZATIONS

Vendor hereby certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

Initials of Authorized Representative of Vendor, if applicable

CERTIFICATION REGARDING BOYCOTTING OF ISRAEL

If (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 or more, the following certification shall apply; otherwise, this certification is not required. 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 (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 in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

CERTIFICATION REGARDING CONTRACTING INFORMATION

If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by SISD; or (b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by SISD in a fiscal year of SISD, the following certification shall apply;

otherwise, this certification is not required. As required by Tex. Gov’t Code § 552.374(b), the following statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and Agreement and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to SISD for the duration of the Agreement; (2) promptly provide to SISD any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of SISD; and

(3) on completion of the Agreement, either (a) provide at no cost to SISD all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to SISD.

Page 11 of 23 Somerset Independent School District RFP 26-002

CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES

If (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 or more that is to be paid wholly or partly from public funds, the following certification shall apply;

otherwise, this certification is not required. Pursuant to TEX. GOV’T CODE Ch. 2276 of SB 13 (87th session), Vendor hereby certifies and verifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the Agreement. For purposes of this Agreement, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See TEX. GOV’T CODE § 809.001(1).

CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION

INDUSTRIES

If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; (c) this Agreement has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex.

Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) SISD has determined that Vendor is not a sole-source provider or SISD has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), Vendor hereby certifies and verifies that Vendor, or 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 these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.”

Page 12 of 23 Somerset Independent School District RFP 26-002

CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH

CRITICAL INFRUSTRUCTURE

SISD is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by SISD for product warranty and support purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this Agreement, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.”

See TEX. GOV’T CODE § 2275.0101(2) of SB 1226 (87th leg.). Vendor verifies and certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

Page 13 of 23 Somerset Independent School District RFP 26-002

SOMERSET INDEPENDENT SCHOOL DISTRICT

EDGAR COMPLIANCE FORM

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY / RECIPIENT AND SUBRECIPIENT

CONTRACTS UNDER FEDERAL AWARDS – APPENDIX II TO 2 C.F.R. PART 200

The following provisions are required and apply when federal funds are expended by Somerset Independent School District for any contract resulting from this procurement process. Somerset Independent School District is the subgrantee or subrecipient by definition. In the event of a conflict or inconsistency between the following terms and conditions and any provision of any contract, agreement, or Purchase Order, the following terms and conditions shall control.

In addition to other provisions required by the federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. Accordingly, the parties agree that the following terms and conditions apply to the Contract/PO between TISD and Vendor in all situations where Vendor has been paid or will be paid with federal funds:

A. Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR § 200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended by Somerset Independent School District, Somerset Independent School District reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does vendor agree? YES NO

Initials of Authorized Representative of Vendor

B. Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when federal funds are expended by Somerset Independent School District, Somerset Independent School District reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by the Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation; (4) to the greatest extent authorized by law, if an award no longer effectuates the program goals or priorities of the Federal awarding agency or Somerset Independent School District. Somerset Independent School District also reserves the right to terminate the contract immediately, for convenience, if Somerset Independent School District believes, in its sole discretion, that it is in the best interest of Somerset Independent School District to do so. The vendor will be compensated for work performed and accepted and goods accepted by Somerset Independent School District as of the termination date if the contract is terminated for convenience of Somerset Independent School District. If Somerset Independent School District terminates the contract for any reason, written notice of termination will be provided to vendor.

Any award under this procurement process is not exclusive and Somerset Independent School District reserves the right to purchase goods and services from other vendors when it is in the best interest of Somerset Independent School District.

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C. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when federal funds are expended by Somersetl ISD on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does vendor agree to abide by the above? YES NO

D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The recipients or subrecipients must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The recipient or subrecipient must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The recipient or subrecipient must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by Somerset Independent School District, during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.

Page 15 of 23 Somerset Independent School District RFP 26-002

E. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the recipient or subrecipient in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when federal funds are expended by Somerset Independent School District, the vendor certifies that during the term of an award for all contracts by Somerset Independent School District resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.

F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401 and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Somerset Independent School District, the vendor certifies that during the term of an award for all contracts by Somerset Independent School District resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

G. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by Somerset Independent School District, the vendor certifies that during the term of an award for all contracts by Somerset Independent School District resulting form this procurement process, the vendor agrees to comply with al applicable requirements as referenced in Federal Rule (G) above.

Page 16 of 23 Somerset Independent School District RFP 26-002

H. Debarment and Suspension (Executive Orders…