March 04, 2026

Request for Proposals # 25-26-19

The Los Fresnos Consolidated Independent School District (“Los Fresnos C.I.S.D.”) is soliciting from firms (“Respondents”) for the selection of CTE Center IP Intercom System Replacement in accordance with the terms, conditions, and requirements set forth in the Request for Proposals (“RFP”) Statements for consideration by Los Fresnos C.I.S.D.

Los Fresnos C.I.S.D. Purchasing Department will receive request for the CTE Center IP Intercom System Replacement 25-26-19 electronically through the Euna Procurement Portal:

https://lfcisd.bonfirehub.com/portal/?tab=openOpportunities no later than 2:00 PM on Wednesday, April 8, 2026. Late submissions will not be considered.

Questions and clarifications regarding this RFP must be submitted in writing through the “Ask a Question” section located within the bid solicitation available through the Euna Procurement Portal:

https://lfcisd.bonfirehub.com/portal/?tab=openOpportunities no later than 2:00 PM on Wednesday, April 1, 2026.

Walkthrough A walkthrough will be held on Wednesday, March 25, 2026, at 9:00 AM. Vendors are asked report to 32703 State Hwy 100, Los Fresnos, Texas, 78566, as the starting location.

Responses to inquires which directly affect an interpretation or change to this RFP will be issued in writing by Los Fresnos C.I.S.D. as an addendum. All such addenda/additional information issued/posted to https://lfcisd.bonfirehub.com/portal/?tab=openOpportunities prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall be required to consider and acknowledge receipt of ach addendum in it’s Response. It Is the Respondent’s responsibility to view the webpage regularly, or prior to submitting a response, to ensure that no addenda or additional information have been issued for the solicitation.

Resources for Vendors regarding Euna Procurement Portal can be found at https://www.lfcisd.net/apps/pages/index.jsp?uREC_ID=1778787&type=d&pREC_ID=2635267

Respectfully, Stephanie De Los Santos Purchasing Director cc: Pablo Bazaldua III, Chief Financial Officer

Los Fresnos C.I.S.D. does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender, gender identity, national origin, age, disability, or any other basis prohibited by law in its programs and activities

LOS FRESNOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

E CTE CENTER IP INTERCOM SYSTEM REPLACEMENT

RFP #25-26-19

TABLE OF CONTENTS PAGE

A. PROPOSAL PACKAGE CHECKLIST 3

B. STANDARD TERMS AND CONDITIONS 4

C. SPECIAL TERMS AND CONDITIONS 27

D. EVALUATION CRITERIA 34

E. VENDOR AFFIDAVITS AND CERTIFICATIONS 35

CTE CENTER IP INTERCOM SYSTEM REPLACEMENT

The following items are REQUIRED to be uploaded with the RFP response for full consideration.

DESCRIPTION OF ITEM YES NO N/A

A. AFFIDAVITS AND CERTIFICATIONS

1. Antitrust Certification

2. Compliance with Texas Family Code

3. Felony Conviction Notification

4. Entities That Boycott Israel

5. Foreign Terrorist Organizations

6. Prohibited Employment Assistance

7. Prohibition on Boycotting Certain Energy Companies

8. Prohibition on Discrimination Against Firearm Ammo. Indust.

9. Breach of Contract Terms, Sanctions and Penalties

10. Termination for Cause or Convenience

11. Equal Employment Opportunity

12. Davis Bacon Act

13. Contract Workhours and Safety Standards Act

14. Rights to Inventions

15. Clean Air/Water Act & Federal Water Pollution Control Act

16. Debarment and Suspension

17. Byrd Anti-Lobbying Amendment

18. Procurement of Recovered Materials

19. Prohibition on Certain Telecommunications/Video Surveillance

20. Domestic Preferences for Procurements

21. Employment Verification

22. Record Retention Requirements

23. Non-Collusion Statement

24. Financial Health and Stability

25. Health and Safety Certificates, Licensing & Regulation

26. Whistleblower Protections

27. Responsible Contractors

28. Compliance with Buy American Provision

29. Confidential/Copyrighted Information

30. Signature and Declaration of Compliance

B. FORM W-9

C. FORM CIQ

D. FORM 1295 (unless proof of exemption provided)

E. PROOF OF INSURANCE

F. EVIDENCE OF FINANCIAL HEALTH

G. SUPPLEMENTAL CONTRACT (if applicable) H. MWBE, HUB, SBE, LSA CERTIFICATIONS (if applicable) I. SAFTEY DATA SHEETS (if applicable) J. HEALTH & SAFETY CERTIFICATES (if applicable) K. HACCP PROCEDURES (if applicable) L. RECALL PROCEDURES (if applicable) M. MISCELLANEOUS/OTHER (if applicable) N. BID RESPONSE FORM (Specifications and Pricing)

O. QUESTIONNAIRE

P. RESUME

Q. PRICE LIST/PRODUCT REQUIREMENTS

R. WARRANTY

*DIGITAL SIGNATURES ARE ALLOWABLE*

**FAILURE TO SIGN THE REQUIRED FORMS AND UPLOAD/PROVIDE ALL REQUIRED

DOCUMENTS WILL RESULT IN PROPOSAL NOT BEING FULLY CONSIDERED**

STANDARD TERMS AND CONDITIONS

The words bids, request for proposals, RFP, proposal, agreement, quotes, solicitation, procurement, and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, requests for proposals, quotes, competitive sealed quotes, and other procurement solicitations to which they are attached. The term proposer, firm, vendor, offeror, bidder, and respondent may be used interchangeably in these terms and conditions to refer to responders to this bid solicitation.

These Standard Terms and Conditions are part of the final contract in each commodity and/or service contract and are part of the terms and conditions of each purchase order or other bid/proposal forms issued in connection with this solicitation. Any terms and conditions contained in firm’s proposal are not included, and are hereby expressly excluded from the final contract unless such terms, conditions or limitations are restated in the main body of these Standard Terms and Conditions and/or in the correspondence commodity and/or service contract. To the extent firm’s proposal is included as an exhibit, any such terms and conditions contained therein are ineffective, as the inclusion of the proposal is intended only to provide information relating to the scope, deliverables, deadlines, and fees related to firm’s services.

Contracts awarded pursuant to this RFP comply with the Texas Education Code §44.031 and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR § 200.318-327. It is the intent of Los Fresnos C.I.S.D. to comply with the most restrictive Federal or State rule or regulation.

This Agreement is entered into between Los Fresnos Consolidated Independent School District (Los Fresnos C.I.S.D.), and Respondent having submitted a proposal in response to a procurement solicitation issued by Los Fresnos C.I.S.D. and whose proposal has been accepted and awarded by Los Fresnos C.I.S.D. In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Los Fresnos C.I.S.D and Respondent, intending to be legally bound, and subject to the terms, conditions, and provisions of this Agreement, agree as follows:

1. PROCUREMENT METHOD: Los Fresnos C.I.S.D. is utilizing the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code §44.031(3) Purchasing Contracts, Request for Proposals for services other than construction services, and 2 CFR 200.320(b)(2) Formal Procurement Method, Proposals.

2. ESTIMATED QUANTITIES: The good(s) and/or service(s) to be purchased under the awarded contract, if any, may be of indefinite delivery and indefinite quantity (IDIQ). The listed items are commonly acquired items and prices will be used to determine best value. Los Fresnos C.I.S.D, makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. Los Fresnos C.I.S.D., makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation. Quantities specified are per unit of measure listed in the proposal solicitation.

3. AWARD OF CONTRACT: In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the responsible Respondent(s) whose proposal(s) is/are determined after evaluation by Los Fresnos C.I.S.D., to be the best value. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document. Copyrighted proposals are unacceptable and may be disqualified.

4. RIGHTS RESERVED BY LOS FRESNOS C.IS.D. AND RESTRICTIONS ON RFP PROCESS:

a. Los Fresnos C.I.S.D. reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals.

b. Los Fresnos C.I.S.D. further reserves the right to accept, reject or negotiate modifications in any terms of a proposed vendor’s proposal or any parts thereof.

c. Los Fresnos C.I.S.D. may conduct oral interviews/discussions or presentations necessary to select the best value Vendor and/or to obtain competitive pricing.

d. Los Fresnos C.I.S.D. reserves the right to reject any and/or all proposals, to award contracts for individual products and/or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of Los Fresnos C.I.S.D.

e. Los Fresnos C.I.S.D. further reserves the right to waive any formalities or technicalities if deemed in the best interest of Los Fresnos C.I.S.D.; request clarification and/or correction of the Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities.

f. Los Fresnos C.I.S.D. also reserves the right as sole judge of quality and equality.

g. Los Fresnos C.I.S.D. further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors or proposers. The decision to award multiple contracts, award only one contract, or to make no awards, rests solely with Los Fresnos C.I.S.D. Los Fresnos C.I.S.D.

may make multiple awards, and this fact should be taken into consideration by each proposer.

h. Los Fresnos C.I.S.D. shall make all decisions regarding this RFP, including, without limitation, the right to decide whether a proposal substantially complies with the requirements of this RFP.

5. FINANCIAL RESPONSIBILITY: Los Fresnos C.I.S.D. assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a proposal or any amendments or addenda, participating in bid meetings, interviews, participating in any negotiation sessions or discussions, or any other costs incurred by proposers prior to award of a Contract/Agreement pursuant to this RFP.

6. AGREEMENT TERMS: The terms of this Agreement shall govern all procurements conducted hereunder. No pre-established terms on the Vendor’s order acknowledgments, invoices, or other forms shall have any force or effect. Further, no amendment of this Agreement shall be permitted unless first approved in writing from Los Fresnos C.I.S.D., and no such amendments shall have any effect unless and until a written amendment to this Agreement is executed by Los Fresnos C.I.S.D.

7. ADDENDA: Any interpretation, correction or change to this Proposal Invitation will be made by addendum, and updated information contained in an addendum will prevail over the information contained in the original Proposal Invitation or a previous addendum. Los Fresnos C.I.S.D. is the sole authority for the issuance of any addendum, and any communication related to this bid solicitation that is not from Los Fresnos C.I.S.D. is invalid.

All such addenda/additional information issued/posted to https://lfcisd.bonfirehub.com/portal/?tab=openOpportunities prior to the time that proposals are received shall be considered part of the RFP solicitation, and the Respondent shall be required to consider and acknowledge receipt of each addendum. It is the Respondents responsibility to view and acknowledge any addenda and incorporate the addendums into the proposal submission for the solicitation.

8. CLARIFICATIONS: Los Fresnos C.I.S.D. may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change or modify its proposal in any way except to the extent of correction of the error. Discussion between Los Fresnos C.I.S.D. and Vendor can also take place after the initial receipt of proposals. Los Fresnos C.I.S.D. reserves the right to conduct discussions with all, some or none of the Vendors submitting proposals. Los Fresnos C.I.S.D. will not assist the Vendor in the completion, revision or modification of its proposal.

9. ASSIGNMENT DELEGATION: Vendor may not assign this Agreement or any of its rights, duties, or obligations hereunder without the prior written approval of Los Fresnos C.I.S.D. Any attempted assignment of this Agreement by Vendor shall be null and void. Any purchase or work order made as a result of this Agreement may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of Los Fresnos C.I.S.D. Vendor is required to notify Los Fresnos C.I.S.D. when any material change in operations occurs, including but not limited to, changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within three (3) business days of such change.

10. PROHIBITION AGAINST CONTACT: Vendors shall restrict all contact with Los Fresnos C.I.S.D., and direct all questions regarding this RFP to the Point of Contact specified in this solicitation. Do not contact members of the Board of Trustees, the Executive Director or other employees of the Los Fresnos C.I.S.D. Contact with any of these prohibited individuals after issuance of the RFP and before execution of a contract, may result in disqualification of your Proposal.

11. CONFLICT OF INTEREST: No employee, officer, or agent may participate in the planning, advertising, selecting, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. See 2 CFR § 200.318(c)(1). Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm consideration for a contract. Chapter 176 of the Local Government Code requires any Vendor that does business Los Fresnos C.I.S.D., to complete a Conflict of Interest Questionnaire (Form CIQ) in the following situations:

The vendor has a business relationship with a local governmental entity and:

1. Has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer;

2. Has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with an aggregate value of more than $100 in the 12-month period (excludes food as a guest); or

3. Has a family relationship with a local government officer of that local governmental entity; or The completed conflict of interest questionnaire must be filed with the Los Fresnos C.I.S.D. Purchasing Office not later than the seventh business day after the later of:

1. The date that the vendor:

a. Begins discussions or negotiations to enter into a contract with the local governmental entity; or

b. Submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;

or

2. The date the vendor becomes aware of:

a. An employment or other business relationship with a local government officer, or a family member of the officer;

b. Giving one or more gifts, as defined above; or

c. A family relationship with a local government officer.

The vendor filing the questionnaire must:

1. Describe each employment or business and family relationship the vendor has with each local government officer of the local governmental entity;

2. Identify each employment or business relationship with respect to which the local government officer receives, or is likely to receive, taxable income, other than investment income, from the vendor;

3. Identify each employment or business relationship with respect to which the vendor receives, or is likely to receive, taxable income, other than investment income, that:

a. Is received from, or at the direction of, a local government officer of the local governmental entity;

and

b. Is not received from the local governmental entity; and

4. Describe each employment or business relationship with a corporation or other business entity with respect to which a local government officer of the local governmental entity:

a. Serves as an officer or director; or

b. Holds an ownership interest of one percent or more.

If no conflict of interest exists, you must fill out Box 1 and type “N/A” on Box 3 of the Form CIQ, sign and date it.

A vendor shall file an updated completed questionnaire with the Los Fresnos C.I.S.D. Purchasing Office not later than the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate.

The Los Fresnos C.I.S.D. Purchasing Office shall:

1. Maintain a list of local government officers of the local governmental entity and shall make that list available to the public and any vendor who may be required to file a conflict of interest questionnaire; and

2. Maintain the statements and questionnaires that are required to be filed under this chapter in accordance with the local governmental entity's records retention schedule.

In addition, Chapter 176 of the Local Government Code requires a local government officer to file a Conflict of Interest Disclosure (Form CIS) with respect to a Vendor if:

1. The Vendor enters into a contract with the local government entity or the local governmental entity is considering entering into a contract with the vendor, AND

2. The Vendor has:

a. An employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family receiving taxable income, other than investment income, that exceeds $2,500 during the 12-months preceding the date that the officer becomes aware that:

i. A contract between the local governmental entity and Vendor has been executed; or

ii. The local governmental entity is considering entering into a contract with the Vendor;

b. Has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

i. A contract between the local governmental entity and Vendor has been executed; or

ii. The local governmental entity is considering entering into a contract with the Vendor; or

c. Has a family relationship with the local government officer.

Los Fresnos C.I.S.D. current Board of Trustees include: Ruben Trevino, Donald Henderson, Martin Castillo, Jesus Amaya, Kevin Montes, Sandra Garcia, Leticia Quintero Los Fresnos C.I.S.D. current local government officers include, but not limited to: Gonzalo Salazar, Ed.D., Ada Amaro-Sibaja, M.Ed., Jimmy McDonough, M.Ed., Holly Maldonado, M.Ed., Pablo Bazaldua III, Kathleen Hollon, M.Ed.

Failure to comply with Chapter 176 of the Local Government Code requirements is an offense:

1. Class C misdemeanor if the contract amount is less than $1 million;

2. Class B misdemeanor if the contract amount is at least $1 million but less than $5 million; or

3. Class A misdemeanor if the contract amount is at least $5 million.

The governing body of a local governmental entity may, at its discretion, declare a contract void if the governing body determines that a violation of Chapter 176 of the Local Government Code has occurred.

12. NON-COLLUSION: By submitting an offer, Vendor affirms that the Contractor, including its officers, employees, or agents, has not prepared its submitted offer in collusion with any other bidder participation in this procurement solicitation and that the contents of their submittal have not been communicated by the offeror nor by any employee, officer or agent of the offeror to any other person engaged in this type business prior to the official submission deadline. The vendor, by submitting this proposal, certifies and represents to Los Fresnos C.I.S.D.

that the Vendor has not offered, conferred or agreed to confer any pecuniary benefit, as defined by §1.07(a)(6) of the Texas Penal Code, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this procurement solicitation; the Vendor also certifies and represents that Vendor has not offered, conferred or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion concerning this procurement solicitation; the Vendor certifies and represents that the Vendor has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the Los Fresnos C.I.S.D., concerning this bid on the basis of any consideration not authorized by law; the Vendor also certifies and represents that the Vendor has not received any information not available to other Vendors so as to give the undersigned a preferential advantage with respect to this bid; the Vendor further certifies and represents that Vendor has not violated any State, Federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that the Vendor will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value to any officer, trustee, agent or employee of Los Fresnos C.I.S.D., in return for the person having exercised the person's official discretion, power or duty with respect to this bid; the Vendor certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of Los Fresnos C.I.S.D., in connection with information regarding this procurement solicitation, the submission of this RFP, the award of this RFP or the performance, delivery or sale pursuant to this RFP.

13. DISQUALIFICATION: A Vendor may be disqualified before or after the proposals are opened, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage.

14. DEVIATIONS AND EXCEPTIONS: All proposals must include a detailed statement of exceptions taken to any part of the request. Any deviations from this procurement solicitation must be noted on the Deviations and Exceptions Form. Deviations or exceptions stipulated in a Vendor’s response will be considered during the contract evaluation where Los Fresnos C.I.S.D. reserves the right to accept or reject a proposal based on any submitted deviation. A deviation will not be effective unless accepted by Los Fresnos C.I.S.D. Los Fresnos C.I.S.D. may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified. In the absence of any deviation(s) identified and described in accordance with above, Vendor must fully comply with the Terms and Conditions, Proposal Specifications, and all other requirements associated with this bid solicitation.

15. SPECIFICATIONS: are developed by the Los Fresnos C.I.S.D., to represent items of regularly manufactured products.

a. Los Fresnos C.I.S.D. specifications have been developed to show minimal standards as to the usage, materials, and contents based on their needs.

b. Manufacturer's specifications, when used by the Los Fresnos C.I.S.D., are to be considered informative to give the bidder information as to the type and kind requested. Proposals on any reputable manufacturers regularly produced product of such items similar and substantially equivalent will be considered,

c. If any conflict exists, specification will override referenced brand.

Compliance with all specifications and conditions is required. All proposals must include a detailed statement of exceptions taken to any part of the request.

16. EQUIVALENT CLAUSE: Whenever an article or material is defined in this solicitation by describing a proprietary product, or by using the name of a manufacturer, brand name or vendor, the term “or equal”, if not inserted, shall be implied (as applicable). The specified article or material shall be understood as indicating type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency (as applicable).

17. SAMPLES: Samples may be requested, and are to be delivered by the bidder to the attention of the Purchasing Director, 32703 State Highway 100, Los Fresnos, Texas 78566, or other location designated by the Purchasing Director, for examination of such samples.

a. Notification of sample delivery must be sent to the Purchasing Director via email and provide estimated delivery date, delivery tracking information, if applicable, actual delivery date, and who signed to accept delivery.

b. Samples needed for a proposal to be evaluated properly must be delivered within ten (10) working days from the time the vendor is notified.

c. Each sample must be clearly marked to show the bidder’s name, address, proposal title and proposal item number for which the sample is being proposed.

d. Sample items from the successful bidder may be retained for the purpose of determining that the quality and workmanship of the delivered items comparable to the sample.

18. RESPONSIVE PROPOSAL: Proposals shall be deemed responsive if they comply with all material and administrative aspects of this procurement solicitation. No proposal will be accepted for any reason outside of the stipulations of the specified date and time and/or submission process of this RFP.

19. RESPONSIBLE VENDOR: A Vendor shall be deemed a responsible Vendor if: 1) adequate financial resources

(or the ability to obtain such resources) are attested by initialing the Financial Health and Stability Affidavit; 2) able to comply with the delivery requirements; 3) the firm appears to be qualified, established, and regularly engaged in the type of business that provides the products and/or services herein; and 4) an adequate number of trained personnel are available to ensure the quality and performance and completion of contract within the specified time period; 5) Providing evidence of Financial Health and Stability. Vendors having a history of inconsistent service and unreliability will not be considered by Los Fresnos C.I.S.D. to be a responsible bidder.

20. PENALTIES: If Vendor is unable to provide the goods or services at the prices quoted in Vendor’s proposal or if Vendor fails to fulfill or abide by the terms and conditions of the Agreement, Los Fresnos C.I.S.D. may take the following action(s):

a. Insist that Vendor honor the quoted price(s) specified in the Vendor’s proposal;

b. Have Vendor pay the difference between Vendor’s price and the price of the next acceptable proposal, as determined by Los Fresnos C.I.S.D.;

c. Have Vendor pay the difference between Vendor’s price and the actual purchase price of the good or service on the open market; and/or

d. Recommend that Vendor no longer be given the opportunity to submit a proposal to Los Fresnos C.I.S.D. and/or that this Agreement be terminated.

21. RECORDS RETENTION: Vendor shall maintain its records and accounts in a manner that shall assure a full accounting for all goods and/or services provided by Vendor to Los Fresnos C.I.S.D., under this Agreement.

We request records and accounts be retained by Vendor and made available for review and copying by Los Fresnos C.I.S.D., for a period of not less than five (5) years from the date of completion of the services, receipt of goods, or the date of the receipt by Los Fresnos C.I.S.D., of Vendor’s final invoice or claim for payment in connection with this Agreement, whichever is later. If vendor is unable to comply with this request, please state in the Records Retention certification and affidavit the number of years these records are available by the Vendor. When Federal funds are expended by Los Fresnos C.I.S.D., they are required to comply with the record retention requirements detailed in 2 CFR § 200.334.

22. RIGHT TO AUDIT: Los Fresnos C.I.S.D., any Federal and/or State agency that has awarded Federal and/or State funds/grant(s) to Los Fresnos C.I.S.D., shall upon written notice, have the right to audit and examine all of Vendor’s records and accounts relating to this Agreement and inspect any project performed by Vendor relating to this Agreement. Records subject to audit shall include, but are not limited to, all Purchase Orders resulting from this Agreement and records which may have a bearing on matters in connection with Vendor’s work for Los Fresnos C.I.S.D., and shall be open to inspection and subject to audit/review and/or reproduction by Los Fresnos C.I.S.D., or its their authorized representative(s) to the extent necessary to adequately permit evaluation and verification of:

a. Vendors compliance with this Agreement and the requirements of the solicitation;

b. Compliance with procurement laws, policies, and procedures, including without limitation, reviewing/comparing pricing on invoices for Los Fresnos C.I.S.D.;

c. Compliance with provisions for computing billings to Los Fresnos C.I.S.D., and/or

d. Any other matters related to this Agreement

23. OPEN RECORDS/PUBLIC INFORMATION: Los Fresnos C.I.S.D. are governmental entities subject to the Texas Public Information Act. Los Fresnos C.I.S.D. considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act, (Texas Government Code, Chapter 552.001, et seq.,) after a contract/agreement is awarded or the procurement terminated. Proposers are hereby notified that Los Fresnos C.I.S.D. strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of information. Any information deemed to be confidential by Proposer must be clearly noted on the page(s) where confidential information is contained, page-by-page and line-by-line the parts of the response which it believes are exempt; however, Los Fresnos C.I.S.D. cannot guarantee that it will not be compelled to disclose all or part of any public record under the Texas Public Information Act, since information deemed to be confidential by Proposer may not be considered confidential under Texas law, or pursuant to a Court order. Vague or general claims to confidentiality will not be accepted. Los Fresnos C.I.S.D. assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by proposers. Vendor waives any claim against and releases from liability Los Fresnos C.I.S.D., its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in the Agreement or otherwise created, assembled, maintained, or held by Vendor and determined by Los Fresnos C.I.S.D., the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.

24. CONFIDENTIALITY: Vendor and Los Fresnos C.I.S.D. agree to secure the confidentiality of all information and records in accordance with the applicable Federal and State laws, rules, and regulations. Vendor and Los Fresnos C.I.S.D. understand that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable.

25. INSPECTION AND ACCEPTANCE: Awarded Vendor(s) shall deliver the goods or services procured on this contract/agreement to Los Fresnos C.I.S.D., issuing a purchase order. If delivery cannot be made within the proper time period, the awarded vendor must receive authorization from the issuing Los Fresnos C.I.S.D., for the delayed delivery. Los Fresnos C.I.S.D., shall have the right to inspect the goods at delivery before accepting them. If defective, incorrect, or items not meeting specification are delivered, Los Fresnos C.I.S.D., may make the determination, in its sole discretion, to return the good(s) to the vendor at no cost to Los Fresnos C.I.S.D.

The vendor shall be responsible for arranging the return of defective or incorrect good(s). The vendor agrees to pay all shipping and handling costs for any such return shipment. If goods are not picked up within one (1) week after notification, the good(s) will become a donation to Los Fresnos C.I.S.D., for disposition.

26. TITLE AND RISK OF LOSS: Whenever Los Fresnos C.I.S.D, is purchasing (and not leasing) an item under this Agreement, title and risk of loss shall pass upon the later of Los Fresnos C.I.S.D. acceptance of the item or payment of the applicable invoice.

27. FREIGHT: All deliveries under this Agreement shall be freight prepaid, Free on Board (FOB) destination, Full

Freight Allowed, Inside Delivery and shall be included in all pricing in Vendors proposal unless otherwise clearly stated in writing in Vendor’s proposal. The Los Fresnos C.I.S.D. assume no liability for goods delivered in damage or unacceptable condition. The successful bidder will handle all claims with carriers, and in case of damaged goods, will ship replacement goods immediately upon notification by Los Fresnos C.I.S.D. of damage.

Proposal prices will include all freight and delivery charges. Vendor is responsible for paying all freight, delivery, handling and other charges incurred in transporting and delivering products to Los Fresnos C.I.S.D., and for the risk of loss until the product is delivered to and accepted by Los Fresnos C.I.S.D. Freight, delivery, handling and other charges incurred in transporting and delivering products to Los Fresnos C.I.S.D. are to be prepaid by Vendor.

28. HOURS OF DELIVERY: Deliveries shall be made between 8:00 AM and 3:00 PM, at the designated Los

Fresnos C.I.S.D. Central Purchasing and Receiving, unless prior approval for after-hours delivery has been obtained from Los Fresnos C.I.S.D. Key drop deliveries are not allowed without the full approval of the Los Fresnos C.I.S.D. administration and such request must be identified in the Deviations and Exceptions Form.

29. SHIPMENTS: Vendor shall ship ordered products within seven (7) working days for available goods and within four (4) to six (6) weeks for special-order items after the receipt of the purchase order unless otherwise previously agreed to, in writing, by Los Fresnos C.I.S.D. If a product cannot be shipped within that timeframe, Vendor shall notify Los Fresnos C.I.S.D. of the reasons why the product has not shipped and shall provide an estimated shipping date, if applicable. Los Fresnos C.I.S.D., may cancel the order if the estimated shipping time is not acceptable Los Fresnos C.I.S.D. in its sole discretion. Consistent failure of a Vendor to meet delivery promises without a valid reason is cause for removal.

30. LEAD-TIME: Time of delivery is part of the proposal consideration and must be stated in definite terms and must be adhered to completely. Proposals must show the number of calendar days required to place the materials in possession of Los Fresnos C.I.S.D. Do not quote shipping dates. Failure to specify the lead-time may result in disqualification from consideration. Unrealistic short or long delivery promises may cause the bid to be disregarded.

31. SHORTAGES: Vendor and/or sales agents acting on the Vendors behalf, shall give 72-hour prior notice to the ordering entity of any anticipated shortages, back orders, and/or out-of-stock items prior to delivery. The Vendor must keep the ordering entity informed at all times on the status of the order. Default in promised delivery, without acceptable reason, authorizes Los Fresnos C.I.S.D. to purchase goods elsewhere, and charge any increase in cost and handling to the defaulting Vendor. No substitutions are accepted with our prior written approval by Los Fresnos C.I.S.D.

a. Vendors must notify Los Fresnos C.I.S.D. of any known shortages, back orders, out-of-stock items, etc.

that could affect multiple ordering entities for any extended period.

32. FORMATION OF A CONTRACT (DECLARATION OF COMPLIANCE): A response to this solicitation is an offer to contract/agreement with Los Fresnos C.I.S.D. based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/proposal does not become a contract/agreement unless and until it is accepted by Los Fresnos C.I.S.D. All contracts or agreements shall be signed by the Superintendent, and/or their designee. No other personnel are authorized to execute or enter into contracts on behalf of the Los Fresnos C.I.S.D.

33. NON-EXCLUSIVE CONTRACT: Los Fresnos C.I.S.D. reserves the right to award multiple contracts/agreements for each commodity category. Commodity categories are established at the sole discretion of Los Fresnos C.I.S.D. Nothing in this agreement may be construed to imply that Vendor has the exclusive right to provide products and/or services to Los Fresnos C.I.S.D. Any contract resulting from this solicitation is non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of Los Fresnos C.I.S.D. Los Fresnos C.I.S.D. is free to have multiple contracts for the awarded goods and services, and may initiate other procurement solicitations or purchasing activity with other vendors at any time, at Los Fresnos C.I.S.D.’s sole discretion. During the term of this Agreement, Los Fresnos C.I.S.D.

reserves the right to use all available resources to procure other products and/or services as needed and doing so will not violate any rights of Vendor. Additionally, Los Fresnos C.I.S.D. may have a need to purchase additional items not identified in this procurement solicitation. In the event that a Vendor has an existing Los Fresnos C.I.S.D. Agreement, in the same Agreement title, upon award, the new Agreement will immediately supersede the older contract.

34. PRICING: All prices in Vendor’s proposal should remain firm for the Term of the Agreement. Pricing for all specifications for this bid solicitation shall be submitted electronically at https://lfcisd.bonfirehub.com/portal/?tab=openOpportunities Any price changes shall be presented to Los Fresnos C.I.S.D., for acceptance or rejection by Los Fresnos C.I.S.D., in its sole discretion, using the same format as was accepted in Vendor’s original proposal. All price changes for goods and/or services provided under this Agreement, must be approved, in writing, by Los Fresnos C.I.S.D. prior to taking effect. Proposer shall consider the following prior to determining pricing submissions:

a. Proposal price must be submitted on units of quantity specified and extended to show total.

b. Unit price must be shown with a minimum of 4 decimal places, when applicable.

c. In the event of discrepancies in extension, the unit price will govern.

d. Vendors are encouraged to provide pricing on specified items, even if no estimated quantity is stated.

e. Cost Plus a Percentage of Cost quotations are unallowable per Federal guidelines.

f. Discount from List Price or Cost Plus a Fee quotations are only acceptable with a stated discount and price list are provided with the proposal submission.

g. Proposer shall not include sales tax with any pricing. Los Fresnos C.I.S.D. is exempt from Federal

Excise Tax, State Tax, and Local Tax. Tax exemption certificates will be furnished upon request by each participating entity.

h. Proposer agrees, upon issuance and acceptance of this proposal, to furnish awarded items at the bid price and all other conditions contained in the Terms and Conditions, Specifications, Attachments, forms and bid documents within this proposal solicitation.

i. Price reductions shall be offered immediately to Los Fresnos C.I.S.D. upon becoming available at any time after award.

j. Title to all supplies and equipment shall pass to Los Fresnos C.I.S.D. upon receipt except where hidden defects or other bid requirements or specifications are not met.

k. Los Fresnos C.I.S.D. retains the right to request Special Pricing for the remaining contract period for products not specifically identified in this Proposal.

35. DISCOUNTS: Any discounts available to Los Fresnos C.I.S.D. for early payment should be noted in the proposal. Vendor(s) may propose volume discounts or other adjustments to the price for large orders.

Discounts may be considered in determining low proposal.

36. ALTERNATE/ADDITIONAL ITEMS PRICING: Prices for the Alternate and/or Additional items are based upon Los Fresnos C.I.S.D. receiving an identified discount from an established price list identified in the procurement solicitation. While established discount or fixed fee remain constant throughout contract term, stock list price or actual vendor cost may vary during contract term. Prices on this type of contract are based upon an approved price list or other approved method as identified in the procurement solicitation. This type of contract provides for discounts from a current manufacturer's price list. Current price list means the latest price list in effect during the "contract term". Manufacturer's price list means a price list published in some form by the manufacturer of a product and available to and recognized by the trade. Custom price list means a price list especially prepared for a given procurement solicitation. Los Fresnos C.I.S.D. shall be the sole determinate as to acceptability. Price reductions shall be offered immediately upon becoming available to a vendor at any time after award.

a. The purpose is to Los Fresnos C.I.S.D. the opportunity to consider alternate items not identified in the item specifications.

b. Pricing will be accepted as a percent (%) discount from an itemized, fixed price list.

c. Los Fresnos C.I.S.D. may be required to perform their own cost analysis.

d. Los Fresnos C.I.S.D. reserves the right to request “Special Pricing” for items identified by Los

Fresnos C.I.S.D., and/or vendor.

37. SPECIAL TOOLS AND TEST EQUIPMENT: If the price includes the cost of any special test equipment fabricated or required by the Vendor for the purpose of filling this order, such special tooling and/or test equipment and any related items shall become the property of Los Fresnos C.I.S.D., and shall be identified by the Vendor as such.

38. PRICE CHANGES: All pricing submitted with Proposal shall be considered firm, except as noted in the

Deviations and Exceptions accepted as part of the contract award.

a. Prices will be considered firm through the Contract term; however, adjustments to pricing may be allowed at midterm (effective January 1) and upon renewal of each contract term, unless otherwise quantified in the Proposal. Only those items qualifying for price adjustments due to market factors will be considered.

i. The base price from which all adjustment will be considered will be the currently awarded price.

Because the Bureau of Labor Statistics releases the detailed report monthly, the most current published version will be used for analysis purposes. The report will indicate the percent change from the same month the prior year and this will serve as the basis for requested adjustment allowances.

ii. Additionally, the index has categories for the various types of products. The comparison will be made using the category that is of the closest match to the item requested for adjustment.

iii. Any adjustment approved shall not exceed the total annual percentage increase/decrease for said item.

iv. Tariffs: Vendor may request a price adjustment if the net change in cost attributable solely to such tariff change exceeds five percent (5%) of the total contract price. Any such adjustment shall be limited to the lesser of (i) twenty percent (20%) of the original contract price or (ii) one-half (50%) of the net increased by the tariff.

b. All original Proposal pricing will remain firm for the contract term and any renewals that a justifiable price change is not submitted and approved.

c. Price changes, and supporting documentation for each item, must be provided to Los Fresnos C.I.S.D.

for review a minimum of thirty (30) days before the requested implementation.

d. Los Fresnos C.I.S.D. will accept or reject proposed price increases after receipt of a properly submitted request from the Vendor.

e. Vendors are required to immediately implement any industry wide price decreases that become available. Los Fresnos C.I.S.D. must be notified in writing of any decrease.

f. Vendor(s) that adjust prices without prior written consent of Los Fresnos C.I.S.D. will be required to issue credits until allowable adjustment period and consent is provided.

39. PRODUCT SUBSTITUTIONS: Any and all substitutions require prior written approval by Los Fresnos C.I.S.D.

reserves the right to require the Vendor to offer possible substitutes if any material or equipment becomes unobtainable during the term of the contract.

a. If substitutions are made without prior written approval of the ordering entity, under Uniform Commercial Code, the entity shall retain the Right to Remedy and purchase the product(s) from another supplier, charging the difference of the bid price to the Vendor.

b. Any and all substitutions require prior written approval by Los Fresnos C.I.S.D.

c. Any and all substitutions shall be of equivalent or higher quality to awarded product and provided at the awarded product price unless prior agreement for alternate pricing is approved by Los Fresnos C.I.S.D.

d. The Vendor must contact the qualified ordering entity a minimum of 72-hours prior to shipment of the approved substitution.

e. If applicable, the product substitution request must be accompanied with CN Label or Nutritional

Analysis information, and/or other product information.

f. If substitutions are made without prior written approval of the ordering entity, under Uniform Commercial Code, the entity shall retain the Right to Remedy and purchase the product(s) from another supplier, charging the difference of the bid price to the Vendor.

g. Approved substitutions shall be considered an extension of the currently awarded item and shall not require additional procurement processes by Los Fresnos C.I.S.D.

h. Vendors must notify Los Fresnos C.I.S.D. of any known shortages, back orders, out-of-stock items, etc.

that could affect multiple ordering entities for any extended period.

i. Outstanding orders shall not be automatically amended with a substitution without approval by Los Fresnos C.I.S.D.

j. Approved substitutions due to manufacturer extended production/shipping issues must return to original bid award item when product becomes available in sufficient supply to warrant change, unless otherwise agreed upon by Los Fresnos C.I.S.D.

40. CUSTOMER SUPPORT: Vendor shall provide timely and accurate technical advice and sales support to Los Fresnos C.I.S.D.

41. ADDITION OF GOODS AND/OR SERVICES: Los Fresnos C.I.S.D. may request special pricing for new goods and/or services throughout the term of this contract. Only goods and/or services not specified elsewhere in the contract may be considered new. Los Fresnos C.I.S.D. reserves the right to request “Special Pricing” through an Addendum. Special pricing allows for the addition of new goods and/or services introduced by existing awarded Vendors that may better serve Los Fresnos C.I.S.D. needs. Los Fresnos C.I.S.D. retains the right to add/modify goods and/or services throughout the contract term, if all parties are in agreement, for the following reasons are not considered “new goods and/or services” and would not be cause for material change to the contract: 1) the replacement of items that were discontinued, reformulated, etc. during the contract year;

2) the replacement of goods and/or services no longer available due to market conditions, force majeure, etc.

or 3) allows for the replacement of goods and/or services that no longer meet the needs of Los Fresnos C.I.S.D.

Los Fresnos C.I.S.D. may reject any proposed additions, without cause, in its sole discretion. The addition of any goods and/or services must have prior written approval from Los Fresnos C.I.S.D.

42. MATERIAL CHANGE: If a material change to a contract entered into between Los Fresnos C.I.S.D., and

Vendor occurs, the contract will not be renewed upon the conclusion of its term. Upon the expiration of the term, Los Fresnos C.I.S.D. may issue a new RFP for the goods or services procured under the previously-existing contract. Material change means a modification that substantially exceeds and/or alters the terms of the original contract between Los Fresnos C.I.S.D., and Vendor.