3-A - SHARS RFQ Packet.pdf

REQUEST FOR QUOTATIONS

Date: July 14, 2025

Project Title: School Health and Related Services (SHARS)

Request for Quotation Number: RFQ 25-0167

The Region One Education Service Center is soliciting request for quotations from firms (“Respondents”) for the selection of School Health and Related Services (SHARS), in accordance with the terms, conditions, and requirements set forth in the Request for Quotations (“RFQ”) for consideration by the Region One ESC and Region One Special Education Support Services Cooperative (ROSESSC).

Region One ESC Purchasing Department will receive request for quotations for School Health and Related Services (SHARS) RFQ 25-0167 electronically through the eBuyOne Bonfire portal:

https://esc1.bonfirehub.com/portal/?tab=openOpportunities no later than 3 PM CST, Monday July 28, 2025. Late submissions will not be considered.

Questions/clarifications regarding this RFQ are requested to be submitted in writing through the “Ask a Question” section available through the eBuyOne Bonfire portal:

https://esc1.bonfirehub.com/portal/?tab=openOpportunities no later than 3 PM, Monday July 21, 2025. It is the Respondent’s responsibility to view the webpage regularly, or prior to submitting a response, to view any response(s) to question(s) issued for this solicitation.

Responses to inquiries which directly affect an interpretation or change to this request for quotations will be issued in writing by Region One ESC as an addendum. All such addenda/additional information issued/posted to https://esc1.bonfirehub.com/portal/?tab=openOpportunities prior to the time that quotes are received shall be considered part of the RFQ, and the Respondent shall be required to consider and acknowledge receipt of each addendum in its Response. It is the Respondent’s responsibility to view the eBuyOne Bonfire portal regularly, or prior to submitting a response, to ensure that no addenda or additional information has been issued for the solicitation.

Resources for Vendors regarding eBuyOne can be found at www.esc1.net/eBuyOne.

Sincerely, Lori Atwood Ramos Purchasing Director

Enclosure

Region One Education Service Center 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.

https://esc1.bonfirehub.com/portal/?tab=openOpportunities http://www.esc1.net/eBuyOne

REGION ONE EDUCATION SERVICE CENTER

TABLE OF CONTENTS

MEETING ROOM TECHNOLOGY UPGRADES

RFQ 25-0167

TABLE OF CONTENTS PAGE

A. CHECKLIST 3

B. PROJECT INFORMATION 4

C. VENDOR AFFIDAVITS AND CERTIFICATIONS 26

EXHIBITS AVAILABLE IN BONFIRE

A. RFQ PACKET FORM WITH AFFIDAVITS AND CERTIFICATIONS

B. FORM W9

C. FORM CIQ

D. PROOF OF INSURANCE

E. FINANCIAL HEALTH AND STABILITY

F. SUPPLEMENTAL CONTRACT (IF APPLICABLE)

G. MWBE, HUB, SBE, LSA CERTIFICATIONS (IF APPLICABLE)

H. PURCHASING COOPERATIVE AWARD LETTER

I. PURCHASING COOPERATIVE CONTRACT AWARD

J. KEY PERSONNEL RESUMES

K. IMPLEMENTATION PLAN

L. REMITTANCE OVERVIEW REPORT

M. BILLING REPORT

N. AUDIT FINDINGS

O. SAMPLE DOCUMENTS

P. MISCELLANEOUS/OTHER

• BONFIRE BIDTABLE

• BONFIRE QUESTIONNAIRE

CHECKLIST

SCHOOL HEALTH AND RELATED SERVICES (SHARS) RFQ 25-0167

In order for your proposal to be considered, the following items are REQUIRED to be uploaded in the RFQ response.

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. Ind.

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. Compliance with Buy American Provision

27. Recall Procedures

28. Signature and Declaration of Compliance

B. FORM W-9

C. FORM CIQ

D. PROOF OF INSURANCE

E. FINANCIAL HEALTH

F. SUPPLEMENTAL CONTRACT (if applicable) G. MWBE, HUB, SBE, LSA CERTIFICATIONS (if applicable)

H. PURCHASING COOPERATIVE AWARD LETTER

I. PURCHASING COOPERATIVE CONTRACT AWARD

J. KEY PERSONNEL RESUMES

K. IMPLEMENTATION PLAN

L. REMITTANCE OVERVIEW REPORT

M. BILLING REPORT

N. AUDIT FINDINGS

O. SAMPLE DOCUMENTS

P. MISCELLANEOUS/OTHER

Q. Bonfire BidTable (Specifications and Pricing) R. Bonfire Questionnaire

*DIGITAL SIGNATURES ARE ALLOWABLE*

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

REQUIRED DOCUMENTS MAY DISQUALIFY THE SUBMISSION**

PROJECT INFORMATION

SCHOOL HEALTH AND RELATED SERVICES (SHARS)

RFQ 25-0167

Region One Special Education Support Services Cooperative is seeking to establish an agreement with one or more businesses, public or private organizations or other entities that wish to provide products/services to the Region One Special Education Support Services Cooperative members.

1. REGION ONE ESC OVERVIEW:

1.1 The Region One Education Service Center, located in South Texas on the United States/Mexico border, is part of a state-wide system of 20 regional education service centers created by the 59th Texas Legislature to assist school districts across the State. Originally slated to work with school districts as a media center, the role of the education service center has expanded to work alongside school districts to carry out the three main objectives as stipulated in the TEC §8.002:

to assist school districts improve student performance, to assist school districts to operate efficiently and economically, and to carry out the mandates of the Texas Education Agency and the Texas Legislature.

1.2 The School Health and Related Services (SHARS) program allows Texas school Cooperatives to request Medicaid reimbursement for certain health-related services. Services must be medically necessary and reasonable to ensure that children with disabilities are able to participate in educational programs. Region One Special Education Support Services Cooperative (ROSESSC) is seeking proposals from qualified Contractors to provide third-party Medicaid billing services beginning with the 2025-2026 school year.

1.3 Region One ESC serves 38 school districts and 10 charter school campuses in the eight county areas of Brooks County, Cameron County, Hidalgo County, Jim Hogg County, Starr County, Webb County, Willacy County, and Zapata County.

1.4 Region One Special Education Support Services Cooperative (ROSESSC) Current members:

1.4.1 Lasara Independent School District

1.4.2 San Perlita Independent School District

1.4.3 Monte Alto Independent School District

1.4.4 San Isidro Independent School District

2. PURPOSE: The Region One ESC is soliciting request for quotations from firms (“Respondents”) for the selection of School Health and Related Services (SHARS), in accordance with the terms, conditions, and requirements set forth in the Request for Quotations (“RFQ”) for consideration by the Region One ESC. The purpose of this competitive procurement solicitation is to provide a standard from which to evaluate your company’s School Health and Related Services (SHARS) as they compare to other providers and as they pertain to the needs of the Region One Special Education Support Services Cooperative members as specified in the BidTable. Locations include:

2.1.1 Lasara Independent School District, 11932 Jones St., Lasara, TX 78561

2.1.2 San Perlita Independent School District, 13937 FM2209, San Perlita, TX 78590

2.1.3 Monte Alto Independent School District, 25149 1st St., Monte Alto, TX 78538

2.1.4 San Isidro Independent School District, 5175 FM1017, San Isidro, TX 78588 Estimated number of paid electronic submission claims: 375 Estimated SHARS reimbursement revenue received by the cooperative: $93,750.00

3. TYPES OF GOODS AND/OR SERVICES: The anticipated goods and/or services will be needed to fulfill the purpose of this project and listed in the BidTable of the request for quotation accessible through eBuyOne Bonfire portal at: https://esc1.bonfirehub.com/portal/?tab=openOpportunities, including item descriptions, specifications and/or technical requirements and estimated quantities.

4. TERM OF CONTRACT: The contract will be effective September 1, 2025, through August 31, 2026, with the option to extend up to four (4) additional one (1) year periods, or potentially through August 31, 2030.

5. TENTATIVE TIMELINE: Following is a list of projected dates with respect to this project. These dates are subject to change and are provided only as a reference, so Respondents are aware of the scheduling constraints associated with this project.

July 21, 2025 3 PM CST deadline to submit questions

July 28, 2025 3 PM submission deadline TBD Demonstrations

6. REQUEST FOR QUOTE SUBMISSION: Region One ESC Purchasing Department will receive proposals School Health and Related Services (SHARS) RFQ 25-0167 electronically through the eBuyOne Bonfire portal: https://esc1.bonfirehub.com/portal/?tab=openOpportunities no later than 3 PM CST, Monday July 28, 2025.

6.1 Preferred Internet browsers for eBuyOne Bonfire are FireFox and Chrome.

6.2 Alternate Proposal Options will be indicated in the Bid Opportunity in eBuyOne/Bonfire if available.

6.3 Allow ample time to submit all required information, documents, and upload attachments in eBuyOne Bonfire. DO NOT wait until the hour before the deadline to begin uploading documents.

6.4 DO NOT rename “BidTable” and “Questionnaire” files provided. For all other required documents, use only upper or lower case A-Z, and 0-9.

6.5 To be eligible for consideration, a proposal submission MUST be complete and in “submitted” status. This includes, but is not limited to all required questions and data fields answered, all required documents submitted on the specified forms, complete, signed and uploaded in the bid solicitation available through the eBuyOne Bonfire portal:

https://esc1.bonfirehub.com/portal/?tab=openOpportunities.

6.6 Electronic proposals submitted after the deadline date/and time will NOT be received/accepted or considered.

6.7 A signed, submitted proposal constitutes an offer to perform work and/or deliver the services specified in the procurement solicitation.

6.8 It shall be the sole responsibility of each proposer to clearly and unequivocally identify information which it considers to be confidential commercial or financial information or a trade secret for purposes of the Texas Public Information Act.

7. PROPOSAL SUBMISSION SPECIAL INSTRUCTIONS: Resources for Vendors regarding eBuyOne

Bonfire can be found at https://www.esc1.net/eBuyOne. For your submission to be considered, you MUST upload the following completed attachments to the RFQ, as applicable:

7.1 Affidavits and Certifications

7.2 Form W9

7.3 Form CIQ

7.4 Proof of Insurance

7.5 Financial Health and Stability

7.6 Supplement Contract

7.7 MWBE HUB SBE LSA Certificates

7.8 Purchasing Cooperative Award Letter

7.9 Purchasing Cooperative Contract Award

7.10 Key Personnel Resumes

7.11 Implementation Plan

7.12 Remittance Overview Report

7.13 Billing Report

7.14 Audit Findings

7.15 Sample Documents

7.16 Miscellaneous/Other

7.17 Bonfire BidTable

7.18 Bonfire Questionnaire

8. FINANCIAL RESPONSIBILITY: Region One ESC assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a quote any amendments or addenda, participating in on-site visits, interviews, participating in any negotiation sessions or discussions, or any other costs incurred by proposers prior to award.

9. ADDENDA: Any interpretation, correction or change to this solicitation will be made by addendum, and updated information contained in an addendum will prevail over the information contained in the original solicitation or a previous addendum. Region One ESC is the sole authority for the issuance of any addendum, and any communication related to this bid solicitation that is not from Region One ESC is invalid. All such addenda/additional information issued/posted to https://esc1.bonfirehub.com/portal/?tab=openOpportunities prior to the time that request for quotations are received shall be considered part of the response, and the Respondent shall be required to consider https://esc1.bonfirehub.com/portal/?tab=openOpportunities https://esc1.bonfirehub.com/portal/?tab=openOpportunities https://www.esc1.net/eBuyOne and acknowledge receipt of each addendum. It is the Respondents’ responsibility to view and acknowledge any addenda and incorporate the addendums into the project submission for the solicitation.

10. CLARIFICATIONS: Region One ESC 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 Region One ESC and Vendor can also take place after the initial receipt of proposals. Region One ESC reserves the right to conduct discussions with all, some or none of the Vendors submitting proposals. Region One ESC will not assist the Vendor in the completion, revision or modification of its proposal.

11. ASSIGNMENT DELEGATION: Vendor may not assign this Agreement or any of its rights, duties, or obligations hereunder without the prior written approval of Region One ESC. 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 Region One ESC. Vendor is required to notify Region One ESC 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.

12. CONFLICT OF INTEREST: No employee, officer, agent, or board member 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, agent, or board member, 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 with Region One ESC and/or Region One Special Education Support Services Cooperative and/or its members 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 Region One ESC Business 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 Region One ESC Business 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 Region One ESC Business 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.

Region One ESC current Board of Directors include: Raul R. Chapa, Ruben Cortez, Jr., Sonia A. Falcon, Dr. Manuel Gomez, Jr., Ricardo Gutierrez, Laura A. McCoy, Richard E.

Zayas, and Alicia Requenez.

Region One ESC current local government officers include, but not limited to: Dr. Daniel P.

King, Dr. Judith Solis, Adrian Garcia, Rumalda Ruiz, Sandra Garza-Cavazos, Veronica Y.

Lerma, Carolina Campos, Lori A. Ramos, Albento Anguiano, Erica Cruz, and Marla Cavazos.

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.

13. NON-COLLUSION: By submitting an offer, Vendor affirms that the Contractor, including its officers, employees, agents, or board members, 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, agent, or board member 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 Region One ESC 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, board member, agent or employee of the Region One ESC, or its cooperative members, 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, board member , agent or employee of Region One ESC, or its cooperative members, 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, board member, agent or employee of the Region One ESC, or its cooperative members, in connection with information regarding this procurement solicitation, the submission of this RFQ, the award of this RFQ or the performance, delivery or sale pursuant to this

RFQ.

14. 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.

15. DEVIATIONS AND EXCEPTIONS: All responses must include a detailed statement of exceptions taken to any part of the request. Any deviations from this procurement solicitation must be noted in the Deviations and Exceptions section of the Bonfire Questionnaire. Deviations or exceptions stipulated in a Vendor’s response will be considered during the contract evaluation where Region One ESC reserves the right to accept or reject a proposal based on any submitted deviation. A deviation will not be effective unless accepted by Region One ESC. Region One ESC 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 request for quotation 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, Specifications, and all other requirements associated with this request for quotation.

16. SPECIFICATIONS: are developed by the Region One ESC and/or Region One Special Education

Support Services Cooperative and/or its members to represent items of regularly manufactured products.

16.1 Region One ESC specifications have been developed to show minimal standards as to the usage, materials, and contents based on their needs.

16.2 Manufacturer's specifications, when used by the Region One Education Service Center, 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,

16.3 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.

17. 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).

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 RFQ.

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 Region One ESC 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, Region One ESC 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 Region One ESC;

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 Region

One ESC 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 Region One ESC and to Region One Special Education Support Services Cooperative and its members under this Agreement. We request records and accounts be retained by Vendor and made available for review and copying by Region One ESC, and ROSESSC members, 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 Region One ESC, or ROSESSC members, 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 Region One ESC, or ROSESSC members, they are required to comply with the record retention requirements detailed in 2 CFR § 200.334.

22. RIGHT TO AUDIT: Region One ESC, Region One Special Education Support Services Cooperative members, any Federal and/or State agency that has awarded Federal and/or State funds/grant(s) to Region One ESC or ROSESSC members, 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 Region One ESC and/or ROSESSC and its members, and shall be open to inspection and subject to audit/review and/or reproduction by Region One ESC, ROSESSC and/or its members, 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 Region One ESC, and/or ROSESSC members;

c. Compliance with provisions for computing billings to Region One ESC, or ROSESSC members, and/or

d. Any other matters related to this Agreement

23. OPEN RECORDS/PUBLIC INFORMATION: Region One ESC and/or Region One Special Education Support Services Cooperative and/or its members are a governmental entity subject to the Texas Public Information Act. Region One ESC 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 Region One ESC 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, Region One ESC 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. Region One ESC 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 Region One ESC, its officers, employees, agents, board members, and attorneys with respect to disclosure of information provided under or in the Agreement or otherwise created, assembled, https://www.ecfr.gov/cgi-bin/text-idx?SID=7b05100d2febb167f693ee380c0e3a55&mc=true&node=sg2.1.200_1333.sg4&rgn=div7 maintained, or held by Vendor and determined by Region One ESC, 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 Region One ESC agree to secure the confidentiality of all information and records in accordance with the applicable Federal and State laws, rules, and regulations. Vendor and Region One ESC 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 the Region One ESC department, or ROSESSC member, issuing a purchase order. If delivery cannot be made within the proper time period, the awarded vendor must receive authorization from the issuing Region One ESC department, or ROSESSC member, for the delayed delivery. Region One ESC, or ROSESSC member, shall have the right to inspect the goods at delivery before accepting them. If defective, incorrect, or items not meeting specification are delivered, Region One ESC, or ROSESSC member, may make the determination, in its sole discretion, to return the good(s) to the vendor at no cost to Region One ESC, or ROSESSC member. 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 the Region One ESC, or ROSESSC member, for disposition.

26. TITLE AND RISK OF LOSS: Whenever Region One ESC, and ROSESSC members, is purchasing

(and not leasing) an item under this Agreement, title and risk of loss shall pass upon the later of Region One ESC’s 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 Region One ESC, and ROSESSC members, assumes 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 Region One ESC 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 Region One ESC and ROSESSC members, and for the risk of loss until the product is delivered to and accepted by Region One ESC and/or ROSESSC members. Freight, delivery, handling and other charges incurred in transporting and delivering products to Region One ESC and/or ROSESSC members 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

Region One ESC or ROSESSC member’s facility, unless prior approval for after-hours delivery has been obtained from Region One ESC, or ROSESSC member.

29. SHIPMENTS: Region One ESC and ROSESSC members may cancel the order if the estimated shipping time is not acceptable to Region One ESC and/or ROSESSC members 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 Region One ESC and/or ROSESSC members. 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 quote to be disregarded.

31. FORMATION OF A CONTRACT (DECLARATION OF COMPLIANCE): A response to this solicitation is an offer to contract/agreement with Region One ESC and/or ROSESSC and/or its members 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 Region One. Region One ESC Board Policy CH (Local) requires that all contracts or agreements shall be signed by the Region One ESC Executive Director or the cooperative members’ Superintendent and/or their designee. No other personnel are authorized to execute or enter into contracts on behalf of the Region One ESC.

32. 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 Region One ESC 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 Region One ESC.

32.1 Vendors must notify Region One ESC of any known shortages, back orders, out-of-stock items, etc. that could affect multiple ordering entities for any extended period.

33. FORMATION OF A CONTRACT (DECLARATION OF COMPLIANCE): A response to this solicitation is an offer to contract/agreement with Region One ESC 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 Region One ESC after approval by the Region One ESC Board of Directors. Policy CH (Local) requires that all contracts or agreements shall be signed by the Region One ESC Executive Director and/or their designee. No other personnel are authorized to execute or enter into contracts on behalf of the Region One ESC.

34. NON-EXCLUSIVE CONTRACT: Region One ESC reserves the right to award multiple contracts/agreements for each commodity category. Commodity categories are established at the sole discretion of Region One ESC. Nothing in this agreement may be construed to imply that Vendor has the exclusive right to provide products and/or services to Region One ESC. 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 Region One ESC. Region One ESC 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 Region One ESC’s sole discretion. During the term of this Agreement, Region One ESC 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, Region One ESC may have a need to purchase additional items not identified in this procurement solicitation. In the event that a Vendor has an existing Region One ESC Agreement, in the same Agreement title, upon award, the new Agreement will immediately supersede the older contract.

35. 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://esc1.bonfirehub.com/portal/?tab=openOpportunities. Any price changes shall be presented to Region One ESC, for acceptance or rejection by Region One ESC, 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 the Region One ESC prior to taking effect. Proposer shall consider the following prior to determining pricing submissions:

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

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

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

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

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

35.6 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.

35.7 Proposer shall not include sales tax with any pricing. Region One ESC is exempt from Federal

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

35.8 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.

35.9 Price reductions shall be offered immediately to Region One ESC upon becoming available at any time after award.

35.10 Title to all supplies and equipment shall pass to Region One ESC upon receipt except where hidden defects or other bid requirements or specifications are not met.

35.11 Region One ESC retains the right to request Special Pricing for the remaining contract period for products not specifically identified in this Proposal.

36. DISCOUNTS: Any discounts available to Region One ESC and ROSESSC members 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.

37. CUSTOMER SUPPORT: Vendor shall provide timely and accurate technical advice and sales support to Region One ESC, and/or ROSESSC members.

38. MATERIAL CHANGE: Material change means a modification that substantially exceeds and/or alters the terms of the original contract between Region One ESC, ROSESSC members and Vendor.

39. COMPLIANCE WITH LAWS: Vendor shall comply with all Federal, State and local laws, statutes, ordinances, rules, and regulations, including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations. For the entire duration of this contract/agreement, Vendor shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Agreement.

When required or requested by Region One ESC, Vendor shall furnish Region One ESC with satisfactory proof of Vendor’s compliance with this provision.

40. CIVIL RIGHTS/DISCRIMINATION: It is the policy of Region One ESC not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), color, disability national origin, race, or gender. Vendor further agrees that every subcontractor entered into for the performance of this Agreement shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Agreement. Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Program Activities: Applicable to contracts using Federal funds - Prohibits the discrimination to all eligible program participants on a basis of age, color, disability, national origin, race, and gender.

41. NONDISCRIMINATION STATEMENT: In accordance with Federal law this institution does not unlawfully discriminate on the basis of ancestry, race, color, ethnicity, religion or creed, sex or gender, gender identity*, gender expression, genetic information, national origin, immigration status (unless restricted by State or Federal laws and regulations), age, height, weight, marital status, familial status, pregnancy, handicap/disability, sexual orientation, military or veteran status, or any other characteristic protected by Federal or State law in employment or the provision of services. Region One ESC provides, upon request, reasonable accommodation including auxiliary aids and services necessary to afford individuals with disabilities an equal opportunity to participate in all programs and activities.

* Gender Identity means an individual’s actual or perceived gender, which includes transgender and gender fluid, and also takes into account an individual’s self-image, appearance, expression, or behavior, whether or not that self-image, appearance, expression, or behavior is different from that traditionally associated with the individual’s sex assigned at birth.

To file a complaint of discrimination, write the United States Equal Employment Opportunity Commission, San Antonio Field Office, Legacy Oaks Building A, 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229-3550 or call (800) 669-4000 (toll free), (800) 699-6820 (TTY) or (844) 234-5122 (American Sign Language Video) during regular office. This institution is an equal opportunity provider.

42. CERTIFICATION REGARDING EMPLOYMENT ASSISTANCE PROHIBITED (CHF Legal)/20 USC

7926: Vendor certifies and agrees that it shall not assist an employee, contractor, or agent of Region One ESC in obtaining a new job if the Vendor knows, or has probable cause to believe, that the individual engaged in sexual misconduct regarding a minor or student in violation of the law. Routine transmission of an administrative or personnel file does not violate this prohibition.

43. ENTITIES THAT BOYCOTT ISRAEL: In accordance with Texas Government Code section 2270.002, Region One ESC is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (i) it meets an exception criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of this contract resulting from this solicitation. Vendor shall state any facts that make it exempt from the boycott certification in its response. This law is applicable to contracts between a governmental entity and a company with ten (10) or more full-time employees; and has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Applicable vendor further agrees and acknowledges that this Agreement shall be null, and void should facts arise leading Region One ESC to believe that Vendor’s verification herein is inaccurate, or should Vendor engage in activity reasonably reflecting that it is boycotting Israel during the term of this Agreement.

44. FOREIGN TERRORIST ORGANIZATIONS: In accordance with Texas Government Code, Chapter 2252, Subchapter F, Vendor herby represents and warrants that it is not a company identified on the lists prepared and maintained under the Texas Government Code §§806.051 (companies with business operations in Sudan), 807.051 (companies with business operations in Iran), or 2252.153 (companies know to have contracts with or provide supplies or services to a foreign terrorist organization).

Notwithstanding the foregoing, a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or to a foreign terrorist organization, is not subject to contract prohibition under this clause. A company claiming such exemption must submit the official copy of the declaration in its response. In accordance with Texas Government Code, Chapter 2274, a governmental entity cannot enter into a contract or other agreement to critical infrastructure in Texas with a company that is owned or controlled by individuals, any company, or headquartered in China, Iran, North Korea, Russia, or designated country, even if company is publicly traded. In accordance with Section 2252.153 of the Texas Government Code, Comptroller of Public Accounts (CPA) has posted on its website a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization, Divestment Statute Lists. Vendor hereby voluntarily and knowingly acknowledges and agrees that this Agreement shall be null and void should facts arise leading Region One ESC to believe that the Vendor was a listed company at the time of this solicitation.

45. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING CERTAIN ENERGY

COMPANIES (SB 13): If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies by submitting its proposal that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement.