San Antonio ISD Procurement Services

1270 W. Summit Ave, #1006 San Antonio Texas,78201

Phone: 210-354-9060 Fax: 210-228-3174 Business Hours: 8:00 AM – 4:30 PM (CST)

Opening Date and Time:

Tuesday, March 17, 2026, at 3:00 PM (CST)

Issue Date: Friday, February 20, 2026 Page: 1 of 50 Pages

RFP #26-012 (BS)

(Request for Proposal)

This Proposal is a firm offer that shall be irrevocable and valid for 120 calendar days from the Proposal opening date.

All PROPOSAL PRICES - F.O.B. DESTINATION - SHIPPING & HANDLING

CHARGES PREPAID.

The San Antonio Independent School District (SAISD) request interested parties to submit proposals for "Cold Storage Facility Services”. This service will be on an “as-needed” basis. The purpose of this proposal is to identify a vendor and establish pricing.

VENDOR QUESTIONS: All questions regarding this Request for Proposals must be addressed in written format through the Bonfire portal, https://saisd.bonfirehub.com/portal no later than Tuesday, March 3, 2026 by 10:00 am. Response to questions will be issued in the form of an addendum and posted for viewing in the Bonfire Portal no later than Thursday, March 5, 2026 by 4:30 pm.

OPENING DATE AND TIME: The submission must be uploaded to the Bonfire Portal https://saisd.bonfirehub.com/portal submitted, and finalized prior to the Closing Time of Tuesday March 17, 2026, at 3:00 pm (CST). We strongly recommend you give yourself enough time and at least ONE (1) hour before Closing Time to begin the uploading process and finalize your submission. If you experience technical difficulties when uploading your submission, please call Bonfire at 1-800-354-8010 ext. 2, for assistance. The Opening will be hosted in person at the address and location listed above. Please use the Intercom Button to be let into the building. Bids will be publicly opened, offerors identified, and prices read aloud.

Insurance Requirements: Insurance will be required. See item #60 in the General Terms and Conditions.

CONTRACT TERM: The contract shall be valid for one (1) year from date of Board of Trustees approval with the option to renew for four (4) additional one (1) year periods, based upon the original terms, conditions and pricing, if mutually agreeable by both parties. Should the District opt to exercise any renewal option years, the District reserves the right to re-negotiate pricing for potential cost savings during subsequent renewal periods.

No Quantity Guarantee - The Contract is not exclusive to the Vendor. The District makes no express or implied warranties whatsoever that any particular quantity or dollar amount of products and related services will be procured through the contract.

SAISD may select the most qualified/responsive bidder based on the most competitive price and other criteria outlined in this bid and Texas Education Code 44.031(a).. Purchases will be based upon the availability of funds. Vendors are prohibited from discussing any matters related to this formal solicitation during the District’s formal evaluation process. Any violations will result in vendor disqualification. Reference attached General Terms & Conditions.

PROPOSER ACKNOWLEDGEMENT

Name and Address of Bidder/Proposer: (Please Print)

Company Name:

Address:

City/State/Zip Code:

E-mail Address:

Telephone# (800 # if available):

Fax #:

BIDDER/PROPOSER AUTHORIZED TO SIGN:

Print Name:

Title:

Signature: Date

SAN ANTONIO INDEPENDENT SCHOOL DISTRICT

Print Name & Title:

Signature/Date Signed:

Revised: 5/9/19

FOR SAISD OFFICE USE ONLY - NOTIFICATION OF AWARD – DO NOT SHIP UNTIL PURCHASE ORDER IS RECEIVED

ITEMS AWARDED: Cold Storage Facility Services BOARD APPROVED: TOTAL AMOUNT: _

The attached “General Terms & Conditions” are an integral part of this solicitation. Note: Exceptions to the District’s terms and conditions may be grounds for disqualification due to non- responsiveness. NOTE: Vendor award may be based upon the lowest responsive bid, however the District reserves the right to award based upon the Best Value in accordance with the State of Texas procurement guidelines.

NON-CONFORMING TERMS & CONDITIONS – Proposer’s submitting a non-conforming response that include corporate forms, brochures, or sample contract forms that do not conform to the solicitation document will be requested to withdraw non-conforming terms and conditions that do not affect the price, quality, or delivery of goods/services. If price, quality or delivery is affected, the bid/proposal will be deemed “non-responsive”. The District’s General and Special Terms and Conditions and Statement of Work (SOW)/Specifications will take precedence over the Bidder/Proposer’s boilerplate conditions. The Offeror’s “binder”, cover letter, and/or standard statement of work, template, etc. may become a part of the Contract Documents, but the Terms and Conditions (General and Special) and Statement of Work (SOW)/Specifications of the District’s solicitation document (RFP, IFB, RFO, RFQ, etc.) take precedence.

Receipt and Opening of Bids

Bids (i.e., Bidders from IFBs) will be publicly opened, Bidders identified, and prices read aloud immediately following the Bid Opening Date/Time. Bidders are invited to be present at the opening of the bids on the date and hour specified.

Proposals (i.e., Offers from RFPs and RFQs) will be opened by SAISD in a non-public forum. Names of Offerors and prices will NOT be disclosed until after evaluation and award.

All Bidders received in response to solicitation documents (IFBs, RFPs, RFQs, etc.) will be forwarded to the applicable Evaluation Committee for review, scoring and recommendation.

Prohibited Communications – “During Blackout Period”

The blackout period is a specified period of time during a competitive sealed procurement process in which any Proposer, bidder, or its agent or representative, is prohibited from communicating with any SAISD Board members, district employees and any contractor involved in any step in the procurement process about the affected procurement. “Involvement” in the procurement process includes but may not be limited to project management, design, development, implementation, procurement management, development of specifications, and evaluation of proposals for a particular procurement. All solicitations for competitive sealed procurements will identify a designated contact person, as per the General Terms and Conditions listed in the solicitation (provided below). All communications to and from potential Proposers, bidders, vendors and/or their representatives during the blackout period must be in accordance with this solicitation’s defined method of communication with the designated contact person. The blackout period will begin upon posting of the solicitation and end when the contract is awarded.

In those instances, in which a prospective Proposer is also an incumbent contractor, the District and the incumbent contractor may contact each other with respect to the existing contract only. Under no circumstances may the District and the incumbent contractor and/or its representative(s) discuss the blacked-out procurement.

General Terms & Conditions, “Contact with SAISD” – Bidder/Offeror/Proposer/Vendor will direct all questions/concerns about the solicitation, the evaluation, and/or resulting contract to SAISD’s Director of Procurement Services. Bidder/Offeror/Proposer/Vendor or agents will have no direct contact with SAISD Board members individually nor any SAISD Evaluation Committee Member, Administrator, Deputy/Associate/Assistant Superintendent, or Superintendent, etc. without coordinating such contact with SAISD’s Director of Procurement Services prior to attempting any such contact. Failure to comply with this requirement, unless otherwise stated may result in disqualification.

MANDATORY FORM CHECKLIST

Bidders must provide the information requested on the following documents. If documents are missing or incomplete, this may result in disqualification. ALL documents must be signed and dated.

ALL DOCUMENTS MUST BE SIGNED AND DATED:

1. First Page of Bid - Proposal acknowledgement…………………………………………Page 1

2. Company Information, and Submittal Instructions …………………………………Page 3

3. Representation and Certification Form………………………………………………….Pages 4-6

4. EDGAR Certification Form……………………………………………………………..Pages 7-16

5. HB 89 Form……………………………………………………………………………..Page 17

6. SB 252 Verification Form…………………………………………………………………Page 18

7. Out of State Certification Form…………………………………………………………Page 19

8. Conflict of Interest Questionnaire (CIQ) Form…………………………………………Pages 20-21

9. SWMBE Program Identification Form………………………………………………….Pages 22-25

10. Independent Contractor Criminal Background Statement…………………………………Page 26 11.

12.

Procurement Services - General Terms & Conditions………………………………….Pages 27-36 References - Past Performance Questionnaire (CIQ) Form Pages 38-40

13. Price Sheet……………………………………………………………………………...

14. All Addenda Issued…………………………………………………………………….

EVALUATION FACTORS AND STATEMENT OF WORK

Evaluation Criteria…………………………………………………………………………Page 37

Statement of Work…………………………………………………………………………Page 41

Representation and 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:

A. By signing this bid/proposal, vendor makes the assurance that vendor has not been debarred or suspended from conducting business with the US Government according to Executive Order 12549 entitled “Debarment and Suspension.” Non-Federal entities are prohibited from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. 'Covered transactions' include those procurement contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other specified criteria. 2 CFR section 180.220 of the Government-wide Non-Procurement Debarment and Suspension Guidance contains those additional limited circumstances. All non-procurement transactions (i.e., sub-awards to sub-recipients), irrespective of award amount, are considered covered transactions.

B. Pursuant to the Texas Education Code, Subchapter B, Section 44.034, “Notification of Criminal History”, a person or business entity that enters into a contract with a school district must give advance notice to the district if the person and/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 the conviction of a felony. Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Subsection (c) this notice is not required of a publicly held corporation. “Criminal Background Checks/Searches”:

Bidder/Proposer represents that criminal background checks/searches have been conducted (or will be conducted prior to start of Work if required) in accordance with Texas Education Code Chapter 22.

Check one:

1. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

2. My firm is not owned nor operated by anyone who has been convicted of a felony.

3. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.

Name of Felon(s):

Details of Conviction(s):

C. "Non-Collusion Statement" and “Anti-Lobbying Certification”: "The undersigned affirms that they are duly authorized to execute this Representation and Certification, Offer, and/or Contract and that this company, corporation, firm, partnership, etc., or individual has not prepared this bid in collusion (An agreement between two or more persons to deceive the school district or defraud the school district of its rights) with any other bidder, school board member, or school district employee, and that the contents of this bid as to prices, quality of product, terms and/or conditions, etc., have not been communicated by the undersigned nor by any other employee, agent and/or representative of the company, corporation, firm, partnership, etc., or individual to any other person engaged in this type of business prior to the official opening of this bid for the intent or purpose of collusion." In accordance with Title 31, USC Section 1352, no attempt has been or will be made by this company’s officers, employees, or agents to lobby, directly or indirectly, with the San Antonio Independent School District Board of Trustees between bid/proposal submission date and award by the Board.

D. “Conflict of Interest”: (1) Neither an officer, agent, employee, or stockholder (if vendor is a privately held corporation) of the vendor, nor the vendor (if the vendor is a sole proprietorship) is an SAISD employee or related by consanguinity (second degree) or marriage (first degree) to an SAISD employee.

(2) Neither an officer, agent, employee, affiliate, subsidiary, or stockholder (if vendor is a privately held corporation) of the vendor, nor the vendor itself has a conflict of interest in the performance of its contract with SAISD. Note: as used here, “conflict of interest” means a vendor (including its affiliates and subsidiaries) has an interest (financial or otherwise) that is inconsistent with its contractual obligations to SAISD, or the vendor’s officer’s, agent’s, employee’s, or stockholder’s personal interests are contrary or inconsistent with the vendor’s contractual obligations to SAISD.

(3) Vendor has timely submitted the required conflict of interest questionnaire (CIQ) in compliance with Chapter 176 of the Local Gov’t Code and SAISD mandates. Note: Texas law requires vendors to file a CIQ adopted by the Texas Ethics Commission not later than the seventh business day after the date that the vendor: (i) begins discussions or negotiations to enter into a contract with SAISD; (ii) submits to SAISD an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with SAISD; or (iii) the date the person becomes aware of an employment or other business relationship with a SAISD officer, or a family member of the officer, or that the person has given one or more gifts to an SAISD officer of the District, or a family member of the officer. A vendor is further mandated by SAISD to file a CIQ thirty days before the vendor’s contract term expires and a renewal is considered by SAISD. Failure to timely file the CIQ will disqualify the vendor from being awarded a contract or having its contract renewed. See SAISD Board Policy CHE (LEGAL) and the Texas Ethics Commission for additional information on the filing of a CIQ. Please complete the Conflict of Interest Questionnaire along with all other required documents to accompany bid/proposal submittal if applicable.

E. Bidder/Proposer agrees to any Special Terms & Conditions (if applicable) of this bid/proposal and in case of conflict with other documents provided by Bidder/Proposer, these Special Terms and Conditions take precedence and prevail unless specifically identified and changes are signed by both parties.

F. “Insurance, and Bonds”: Insurance and/or bond requirements are enumerated elsewhere in Contract documents. Submission of a certificate of insurance/bond by the undersigned (or an agent/broker on behalf of the undersigned) represents that the coverages and perils covered by the insurance/bond meet or exceed the requirements of the solicitation document and/or subsequent contract.

SAISD may make reasonable reliance on the submitted certificate of insurance/bond. The certificate of insurance/bond must accurately reflect the policy coverages and will become a part of the Contract Documents and incorporated by reference, but the Contract terms/conditions and statement of work take precedence over any and all contents of the certificate of insurance/bond including, but not limited to, disclaimers, qualifications, etc. Failure to provide insurance/bond in accordance with Contract may be cause for termination for default and other remedies allowed by law and/or equity. Vendor must notify the San Antonio Independent School District entity, in writing, by certified mail or personal delivery, within ten days after the vendor knew or should have known of any changes that materially affects the insurance/bond coverage.

G. “House Bill 89 (HB 89)”, Israel Boycott Prohibition Form: Under Texas law, this transaction requires the vendor to complete and return the enclosed verification form verifying that the vendor does not and will not boycott the State of Israel during the term of this transaction. This transaction cannot be completed without the return of a fully executed verification form.

H. “House Bill 1295” Prior to the execution of the contract and after the Notice of Award, a 1295 Form must be filled out by the Awarded Vendor electronically with the Texas Ethics Commission’s online filing application, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm, printed out, signed, and notarized. San Antonio Independent School District (SAISD) is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits SAISD from executing a Board or Superintendent approved contract with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to SAISD.

The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission.

Once a contract has been awarded, all notarized HB 1295 forms shall be mailed to 1270 W. Summit Ave., Suite #1004, San Antonio, TX 78201. Attn: Contract Management.

I. “Senate Bill 252 (SB 252)” updates state contracting law to prohibit governmental entities from contracting with companies engaged in business with Iran, or designated foreign terrorist organizations. This transaction requires the vendor to complete and return the enclosed verification form verifying that Contract 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 This transaction cannot be completed without the return of a fully executed verification form.

Representation and Certification Description YES, I agree Initial

A. Debarment and Suspension

B. Notification of Criminal History

C. Non-Collusion Statement https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

D. Conflict of Interest

E. Terms & Conditions

F. Insurance and Bonds

G. House Bill 89 “Israel Boycott Prohibition Form

H. House Bill 1295 “Disclourse of Interested Parties

I. Senate Bill 252

Vendor agrees to comply with all Federal, State, and Local Laws, Rules, Regulations, and Ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Corporate/Company Name:

Authorized Signature:

Title:

Address:

City, State, Zip Code:

DUNS #:

CAGE#:

SOLICITATION TITLE#:

14Jan2025-V2

SAN ANTONIO INDEPENDENT SCHOOL DISTRICT

FEDERAL PROCUREMENT CERTIFICATIONS

ADDENDUM FOR A CONTRACT FUNDED BY FEDERAL GRANT/FUNDS

The San Antonio Independent School District (SAISD) must ensure that all policies and procedures involving the expenditure of federal funds are compliant with the Education Department General Administrative Guidelines (EDGAR). This process involves having Contractors expressly agree to comply with applicable EDGAR requirements as well as other commitments, as described below.

The following certifications and provisions govern (but only to the extent applicable to the contract, Contractor, SAISD or the project) when federal grant/funds will be expended pursuant to a contract resulting from a procurement under 2 C.F.R. § 200.326, and awarded by the SAISD to the Contractor. Contractor’s subcontracts shall also be subject to and contain or incorporate all applicable certifications and provisions. This Addendum is incorporated into the contract between SAISD and the Contractor.

CONTRACT PROVISIONS FOR

NON-FEDERAL ENTITY CONTRACTS FUNDED BY FEDERAL GRANTS/FUNDS

APPENDIX II TO 2 CFR PART 200

1 Contracts for more than the simplified acquisition threshold (the SAT, currently set at $250,000) 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.

In accordance with the provision above, SAISD hereby reserves all rights and remedies, in the event of breach of the contract by the Contractor, to which it is entitled under the contract (including, without limitation, the remedies set forth in the procurement specifications) and/or applicable laws and regulations.

2 Termination by SAISD for cause, for convenience or for non-appropriation, including the manner by which it will be affected and the basis for settlement (all contracts in excess of $10,000).

Pursuant to the provision above and subject provisions in the main body of the contract, when SAISD expends federal funds, SAISD reserves the right to immediately terminate the contact in the event of a breach or default of the contract by Contractor, such breach or default to include the following: Contractor 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) comply with applicable laws and Entity’s policies or procedures;

or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. SAISD also reserves the right to terminate the contract for convenience upon ten calendar days’ written notice if SAISD believes, in its sole discretion, that it is in the best interest of SAISD to do so. SAISD may terminate for non-appropriation of sufficient federal funds to meet fiscal requirements of the contract.

For termination by SAISD for convenience or non-appropriation, Contractor will be compensated for work performed and accepted and goods accepted by SAISD as of the termination date if the contract is terminated for convenience by SAISD. Any award under the procurement is not exclusive, and SAISD reserves the right to purchase goods and services from other Contractors when it is in SAISD's best interest.

3 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 below and as 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).

During the performance of this contract, the Contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

D. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The contractor will include the portion of the sentence immediately preceding paragraph A and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Pursuant to the provision above, when SAISD expends federal funds on any federally assisted construction contract, the foregoing equal opportunity clause is incorporated into the contract by reference.

4 DAVIS-BACON ACT, as amended (40 U.S.C. §§ 3141-3148). All prime construction contracts in excess of $2,000 awarded by non-Federal entities 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 non-Federal entity 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 non-Federal entity 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). This 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 non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

The following is incorporated into the contract in compliance with the Davis-Bacon Act.

A. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146- 3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146- 3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

B. Contractors are 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.

C. Additionally, contractors are required to pay wages not less than once a week.

The following is incorporated into the contract in compliance with the Copeland “Anti-Kickback” Act.

A. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

B. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as SAISD may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

Pursuant to the provision above, when SAISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair services, the Contractor will be in compliance with all applicable Davis-Bacon Act and Copeland “Anti- Kickback” Act provisions, including the foregoing provisions.

5 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. §§ 3701-3708). Where applicable, all contracts awarded by the non-Federal entity 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 at 29 CFR Part 5. Under 40 U.S.C. § 3702, 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.

A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

C. Withholding for unpaid wages and liquidated damages. SAISD shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

Pursuant to the provisions above, Contractor certifies that Contractor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of the contract.

6 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the Federal award meets the definition of “funding agreement” in 37 CFR § 401.2 (a), and the non-Federal entity 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 non-Federal entity must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding federal agency.

Pursuant to the provision above, the Contractor certifies that during the term of the contract from the procurement, the Contractor agrees to the incorporation of the foregoing provision into the contract, and Contractor agrees to comply as applicable.

7 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 contractor 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).

Clean Air Act A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. The Contractor agrees to report each violation to the Contractor and understands and agrees that SAISD will, in turn, report each violation as required to assure notification to the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.

C. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with the federal assistance provided.

Federal Water Pollution Control Act A. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

B. The Contractor agrees to report each violation to the Contractor and understands and agrees that SAISD will, in turn, report each violation as required to assure notification to the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.

C. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with the federal assistance provided.

Pursuant to the provisions above, the Contractor certifies that during the term of the contract resulting from the procurement, the Contractor agrees to comply with all applicable requirements herein above.

8 DEBARMENT AND SUSPENSION (Executive Order 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Order 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies.

Suspension and Debarment A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

C. This certification is a material representation of fact relied upon by SAISD. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to SAISD, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

D. The bidder or proposer or contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from the offer. The bidder or proposer or contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Pursuant to the provisions above, the Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency to receive any federal award or to enter into a federally funded contract.

9 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to SAISD then to the Federal awarding agency.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.

Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Pursuant to the provisions above, the Contractor certifies that it is in compliance and will comply with all applicable provisions of the

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).

10 PROCUREMENT OF RECOVERED MATERIALS. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. §200.322.

A. In the performance of the contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price.

B. Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

C. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

Pursuant to the provisions above, the Contractor certifies that it is in compliance and will comply with all applicable provisions of the Solid Waste Disposal Act, as amended.

11 DOMESTIC PREFERENCES FOR PROCUREMENTS. In accordance with 2 CFR § 200.322, as appropriate and to the extent consistent with law, SAISD will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

12 EMPLOYMENT ELIGIBILITY VERIFICATION (FAR Subpart 22.18)

As applicable, and as a condition for the award of any Federal contract of $150,000 or greater, Contractor certifies that Contractor is enrolled in, and is currently participating in, E-Verify or any other equivalent electronic verification of work authorization program operated by the U.S.