3-KISD Terms and Conditions (1).pdf

1.0.0 TERMS AND CONDITIONS

The following General Provisions (“General Provisions”) are hereby issued in accordance with the laws, rules, and policies set forth through the Texas Education Code, Chapter 44 and Klein Independent School District

(“KISD,” “Klein ISD,” or “District”) policy, and may be amended as required by law or District policy.

Prospective Vendors are cautioned to read and understand the General Provisions set forth in this document prior to responding to a Solicitation. Any exceptions to or failure to follow these General Provisions unless otherwise directed within the Solicitation, may be cause for a Vendor’s Solicitation Response to be deemed non-responsive and disqualified by the District. These General Provisions will take precedence over the terms and conditions within the Solicitation when they are in conflict unless specific exception is noted within the

Solicitation and agreed to in writing by the District.

INDEX

PART I

PART II

PART III

Definitions, Terms, and Acronyms……………………………….………………………………….....…

Solicitation Information and Instructions…………………………………...…………..……

Solicitation Response …………………………………………………………………….…..…………

PART IV Solicitation Response Evaluation and Award………………………..………………..………………… Page 17

PART V Contract Terms, Conditions, and Requirements………………………………………………………… Page 21

PART I

DEFINITIONS, TERMS, AND ACRONYMS

The following terms may be found in this document or may be used in the normal operations of the District’s

Purchasing Department.

Term Definition

Addendum..........................................A document that has been issued by the District that has made material changes, modifications, or deletions of information or specifications of a

Solicitation.

Agreement or Contract ...................... A contract that has been agreed upon and signed by both the District and the Vendor.

Alternate or Substitute ...................... A good or service substituted for another by a Vendor with approval of the

Bid Specialist.

Bid......................................................Vendor’s response to an Invitation to Bid or ITB. The term may be used to represent responses to all types of solicitations.

Bid Specialist .................................... The Bid Specialist is the District’s approved business representative for all matters of solicitation, evaluation, award, and administration of a Contract

Award. There will be only one appointed Bid Specialist at any time for each purchasing action. Vendors shall address all business/contract issues about a Contract Award to the Bid Specialist.

Conflict of Interest ............................ A Conflict of Interest shall exist when a Vendor or any affiliated person or business entity provides goods or services under a Contract Award involving one or more personal, business, or financial interests or relationships which would cause a reasonable individual with knowledge of the relevant facts to question the integrity or impartiality of those who are or will be acting under a proposed or existing District Contract; or any other facts that exist which cause the District, at its sole discretion, to determine during the Solicitation or the performance of an existing District

Contract that the Vendor obtained an unfair competitive advantage favoring the interest of the Vendor or any person with whom the Vendor has or is likely to have a personal or business relationship. Conflicts of interest are further defined in policy and state law.

Contract Award ..................................The acceptance of a Quote, Bid or Proposal; a Purchase Order, District

Contract or Agreement, or other formal notification of award issued by an authorized official of the District’s Purchasing Department.

Contract Documents...........................A set of documents that create an Agreement that has been agreed upon and signed by both the District and the Vendor.

Contract Term ....................................The length of time a Contract or Agreement will be available for use by the District.

Contractor ......................................... The awarded Vendor(s) of a specific Solicitation.

CSP ................................................... Competitive Sealed Proposal. Allows for the use of the formal evaluation process and, if required by law, use of “best value” determinations for an award. Negotiations are allowed prior to the award.

Debarment ......................................... Action taken by the District which prevents a Vendor from participating in the solicitation process for a period of time, usually as a result of improper business practices on the part of the Vendor.

Deliverable ........................................ Goods or services which are required by a Contract Award to be provided to the District by a Vendor.

Discount Contract ............................. An awarded Contract where pricing is based on a firm-fixed discount from a Vendor’s published price list, priced catalog, or other document that is published for the majority of the Vendor’s customers.

District............................................... Klein Independent School District

District Business Days.........................Days the District is officially conducting business (excludes weekends, District observed holidays, etc.)

District Web Site ............................... The official District web site, available at http://www.kleinisd.net/.

ITB ...................................................... Invitation to Bid. Solicitation method used for acquiring goods or services for one-time purchases or establishing Term Contracts for acquiring goods or services with aggregate values of $50,000 or greater. This solicitation method is formal, and a legal notice is published at time of issuance. This purchasing method is normally used to establish annual contracts for

District-wide goods or services, or major one-time purchases.

Klein ISD .......................................... Klein Independent School District

Line Item Contract .............................An awarded Contract where goods or services are specified and individually priced.

Notice of Award.................................A formal, written document issued by an authorized official of the

District’s Purchasing Department via US Mail or Klein ISD’s E-Bid system, informing a Vendor that a Contract has been awarded to their firm based on their Solicitation Response.

Offer ...................................................Term used in conjunction with or in place of a Vendor’s Solicitation

Response.

Professional Services Contract ..........A Contract awarded for performance of technical, professional, and/or unique services by Vendors who are typically licensed, such as medical professionals, architects, engineers, or lawyers, as described in Texas

Education Code 44.031(f) or Texas Government Code Chapter 2254.

Proposal............................................. Vendor’s response to a Competitive Sealed Proposal (CSP).

Purchase Order...................................Formal order for goods, materials and/or services from a Vendor; a binding commitment for the District to remit payment to the Vendor after the item(s) and/or services and an invoice are received by the District.

Quote ................................................. Vendor’s response to a Request for Quote.

http://www.kleinisd.net/

RFQ....................................................Request for Quote. Used for small dollar purchases valued at less than

$50,000. Solicitation method is typically informal (e.g., phone, fax or email) and solicitation requirements are minimal (no advertisement, minimal response time, etc.). May be used for one-time purchases, or to establish low-dollar Term Contracts.

School Business Days ........................Days the District is officially conducting school (excludes weekends, District observed holidays, etc.)

Service Contract.................................An awarded Contract for performance of a service by a Vendor for a specified period of time.

Solicitation ........................................ General term used to refer to an ITB, CSP, or RFQ.

Solicitation Response.........................Vendor’s response to an ITB, CSP, RFQ, or other Solicitation issued by the District.

Solicitation Tabulation.......................Official tabulation of Solicitation Responses, issued by the Purchasing

Department after Contract Award.

Subcontractor .....................................Company or business that has contracted with the prime contractor to perform services for the District. The prime contractor is responsible to the

District for the work performed by the Subcontractor. No contract will exist between the Subcontractor and the District.

Term Contract ................................... An awarded Contract for delivery of goods or performance of services by a

Vendor for a specific period of time.

Vendor ............................................... Bidder, Vendor, Offeror, Proposer, or Contractor.

Vendors of Record .............................The compiled bid list of Vendors for a specific Solicitation, that is to include Vendors that were selected to receive the Solicitation, and

Vendors that have notified the District that they have interest in the

Solicitation and are added to the initial list of Vendors.

PART II

SOLICITATION INFORMATION AND INSTRUCTIONS

1. TYPES OF CONTRACTS. Each Solicitation will identify the type of Contract being advertised. One of the following contracting methods will typically be used, but KISD reserves the right to use any contracting method it deems to be in the best interest of the District and as permitted by law.

Contractors must provide pricing information with their Solicitation Response, including but not limited to catalogs, price lists, information about discounts provided on price lists and catalogs (detail the average discount provided by the Contractor on stated prices), and any pricing examples and pricing discount schedules that need to be submitted to provide KISD with a comprehensive catalog.

1.1. Firm-Fixed Price.

1.1.1. All prices shall be firm-fixed for the term specified in the Contract, and all extensions exercised by the District.

1.1.2. No increases will be allowed during the contract term.

1.1.3. Price decreases are acceptable at any time during the term of the Contract.

1.2. Fixed-Price with a Price Adjustment Allowance.

1.2.1. Prices shall be firm for a term specified in the Contract.

1.2.2. Prices can be adjusted based on escalation provisions as identified in the Contract.

1.2.3. The District reserves the sole right to evaluate the applicability of any price adjustment and accept or reject any formula included in any Solicitation Response or accept or reject any Solicitation Response containing a price adjustment proposal.

1.3. Firm-Fixed Discount Percentage, Discount-from-List, or Cost Markup-From-List.

1.3.1. Discount or cost mark-up shall be firm-fixed for the period specified in the Contract but prices may vary based upon changes in a District-approved price list or other pricing document, by the method and at the frequency identified in the Contract.

1.3.2. Used when the pricing is based on a discount or a cost plus mark-up percentage from an established, publicly recognized price list.

1.3.3. Prices shall be from a current Vendor’s price list or a cost-plus percentage add-on to a

Vendor's distributor/producers price list.

1.3.4. Vendor's price list shall be the current price list published and available to and recognized by the trade. A price list especially prepared for a given Solicitation will not be accepted. KISD, in its sole discretion, shall determine acceptability of price list.

1.3.5. Unless otherwise indicated within the Solicitation, the period of acceptance shall be no earlier than ten (10) District Business Days from receipt and approval.

1.3.6. In order for a price list to be changed, a new or amended price list must be submitted to the KISD Purchasing Department by the Vendor and approved by the KISD Buyer identified in the Solicitation within the Contract time specified prior to the requested price change. Otherwise, the last KISD-approved price list remains in effect until such time that KISD approves the price change.

1.3.7. Prices for this type of Contract cannot be increased for 30 days after the Contract commences unless otherwise specified in the Solicitation. Price reductions shall be offered to KISD immediately upon becoming available to a Vendor.

2. CONFLICT OF INTEREST.

2.1. Disclosure of Certain Relationships with Local Government Officials.

2.1.1. Any individual or business entity that does business with KISD or seeks to do business with KISD must file a Conflict of Interest Questionnaire (CIQ) with the

KISD Purchasing Department in accordance with Texas Local Government Code

Chapter 176, whether or not a conflict of interest exists. For more information on when a conflict of interest exists, see Form CIQ and Texas Local Government Code

Chapter 176. In addition, in the event of changed circumstances, Vendor must file an updated CIQ no later than the 7th business day after Vendor becomes aware that a conflict of interest exists.

2.1.2. The term “Vendor” includes an agent of a vendor.

2.1.3. Forms are available at the Texas Ethics Commission's website at:

https://www.ethics.state.tx.us/forms/conflict/.

2.2. Employee.

2.2.1. All Vendors must disclose the name of any KISD employee who owns, directly or indirectly, an interest in the Vendor’s firm or any of its branches.

2.2.2. Failure to provide such information may be grounds for disqualification of the Bid or cancellation of a contract resulting from this Solicitation.

2.2.3. Purchase of services or equipment from a business owned in whole or in part by a

District employee shall be permitted only when approved by the Superintendent and executed through a documented competitive process.

2.2.4. Services that would be provided by the employee as an extension of the employee's regular job responsibilities are exempted from consideration.

3. SOLICITATION PRICING. Vendors must identify all costs, fees, or charges for which KISD may be billed within the Vendors’ Solicitation Responses. Costs, fees, or charges not indicated in Vendors’

Solicitation Responses will not be paid. Vendors are to provide written documentation for any exceptions. KISD requires that the pricing submitted in responses be offered as a quantity one price.

KISD may request the awarded Vendor(s) to provide discounts or other adjustments to the quantity one price for larger orders, on a per-purchase order basis. If discounts or quantity prices are offered by an awarded Vendor, the Vendor must also offer the same reductions in pricing to be available for orders of similar size. Solicitation Response prices must be firm for 180 days from Solicitation opening/bid closing date until award unless otherwise specified in the Solicitation.

4. QUANTITIES. Any quantities listed within the Solicitation are a close approximation based on requirements and available funds. This Contract can be accessed on an “as needed” basis from a list of contracts that have been competitively bid and awarded with qualified, high performance Contractors based on the selection criteria set forth herein. Because all commodities, services, and related items will be provided on an “as needed” basis, KISD makes no guarantee, commitment, or representation of any kind, either orally or in writing, concerning quantities or amounts that will actually be purchased or used during the term of the Contract. KISD makes no guarantee or commitment of any kind regarding usage of any Contracts resulting from this Solicitation. KISD reserves the right to purchase more or less than the estimated quantities, at the current Contract price, for the term of the Agreement unless otherwise specified in the Solicitation. 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).

http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm

5. REQUEST FOR EXPLANATION / INTERPRETATION.

5.1. Any interpretations, corrections, additions, or changes to this Solicitation will be communicated to Vendors by the issuance of an Addendum. It is the responsibility of the Vendor, prior to submitting its Solicitation Response, to determine whether an Addendum was issued. All

Vendors shall comply with the requirements specified in any Addendum issued by KISD.

5.2. Any explanation desired by a Vendor regarding the meaning or interpretation of this Solicitation, or other questions regarding the requirements specified in this Solicitation, must be submitted in writing to the KISD Buyer identified in the Solicitation at least seven (7) District Business Days prior to the opening date, in order to allow a response to all Bidders before the submission of a

Bid.

5.3. All requests must include Vendor contact information, including email address, and information about the Solicitation to which they pertain. Failure to provide this information may delay a response from the District. The District reserves the right to inform the requester that the response to their request will be submitted through an Addendum to all interested vendors and will not be addressed directly through the requester’s request, nor will KISD answer verbal questions.

5.4. Once a request is received, a notification of receipt by the District will be forwarded to the contact email address provided.

5.5. KISD Purchasing Department documents are made available via the KISD eBid System to anyone who wishes to submit a Solicitation Response. However, it shall be the responsibility of the Vendor submitting a Solicitation Response to make certain that the KISD eBid System has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda or other critical information. The KISD

Purchasing Department website is located at https://kleinisd.net/district/financial_services/Purchasing.

6. INSURANCE FOR GOODS/SERVICES

6.1 Certificates of Insurance. Certificates of insurance showing the Bid/CSP number for each of the below listed policies, with insurance companies licensed in the State of Texas and acceptable to the District, shall be delivered to Klein ISD with the Bid/CSP documents. Copies of required Waiver of Subrogation, Additional Insured and Cancellation endorsements must be attached to the Certificates of Insurance. Such coverage shall remain in effect at all times during the term of this Contract. The Contractor shall not commence any portion of the work under this Contract until Contractor has obtained the insurance required herein and copies of certificates have been approved by the District and filed in the KISD Purchasing Department.

The insurance certificates shall become a part of the Contract documents.

6.1.1 If at any time during the Contract Terms a Certificate of Insurance lapses, the

Contractor shall immediately provide to the District an updated certificate.

6.1.2 The District will allow deductible policies. The Contractor shall pay the deductible amount.

6.2 Proof of Insurance. At all times during the term of this Contract, the Contractor shall provide proof of and maintain, at the sole cost of Contractor, not less than the following types and amounts of insurance coverage :

6.2.1 Workers’ Compensation as required by statutory provisions, including all states, U.S.

Longshoremen, Harbor Workers, and other endorsements, and Employers’ Liability insurance with limits of $1,000,000.

6.2.2 Comprehensive General Liability providing Products, Completed Operations, https://kleinisd.net/district/financial_services/Purchasing

Independent Contractors and Contractual Liability coverage with Aggregate, Occurrence and Personal Injury Limits of $1,000,000 each occurrence.

6.2.3 Comprehensive Automobile Liability Insurance to cover all vehicles owned by, hired by, or used on behalf of the Contractor, with combined single limit of $1,000,000 and a Medical Payment limit of $5,000.

6.3. Waiver of Subrogation Endorsement. Waiver of Subrogation Endorsement in favor of the

District, its officers, employees, and agents shall be a part of each policy for coverage listed.

Required insurance coverage is specified in the Solicitation.

6.4 Additional Insured Endorsement. Additional Insured Endorsements naming the District shall be a part of each policy for each coverage listed, except for Workers’ Compensation.

6.5 Notice of Cancellation. If the Certificate of Insurance does not include such notice, a

Cancellation, Non-Renewal or Material Change endorsement providing 60 days’ notice to the

District must be provided, with the endorsement in favor of the District, its officers, employees, and agents.

6.6 Subcontractors. Contractor shall require all Subcontractors performing any work under or relating to this Contract to maintain coverage as specified above.

6.7 No Limitation of Liability. Neither approval of the insurance, nor the requirements shown above, shall relieve or decrease the liability of Contractor.

6.8 Certified Copies. Upon request of KISD, Contractor shall furnish certified copies of original insurance policies to KISD.

6.9 Additional Insurance. KISD reserves the right to require additional insurance should KISD deem additional insurance necessary, in KISD’s sole discretion.

7. DELIVERY TERMS.

7.1. All goods and/or products included in the Solicitation shall be F.O.B. (“Free on Board”) destination, unless otherwise indicated within the Solicitation.

7.2. All goods and/or products will be considered freight prepaid and allowed, with all freight charges included in the unit price.

7.3. If separation of the delivery costs is a necessity for bidding, the Bidder must provide a “not-to-exceed” shipping price with their response. The District will not accept a “to-be-determined” submittal. Any shipping costs submitted in addition to the unit price will be added to the unit price and considered in the evaluation process.

7.4. The place of delivery shall be set forth in the block of the purchase order entitled "Ship To".

7.5. The District expressly reserves all rights under law, including, but not limited to the Uniform

Commercial Code, to inspect the Deliverables at delivery before accepting them, and to reject defective or non-conforming Deliverables.

7.6. Services shall be scheduled and provided/ as specified in the Solicitation or directed by the District.

8. SAMPLE REQUIREMENTS.

8.1. The District may require a sample of a product at any time for evaluation and testing, from a

Vendor participating in a Solicitation process or a Vendor supplying items to the District under contract.

8.2. The Vendor should not submit a sample with the Solicitation Response unless directed to do so.

8.3. Request of Sample.

8.3.1. If it is determined that a sample is required as part of the Solicitation process, the requirement will be issued in writing to the Vendor by the KISD Buyer.

8.3.2. Samples must be received by the District’s Purchasing Department within five (5)

District Business Days after written notification is issued, unless the notification instructs otherwise.

8.3.3. A representative sample of the item(s) offered must be provided.

8.3.4. The Vendor is responsible for all costs of shipping and providing the sample product to the District.

8.3.5. Failure to provide a requested sample may disqualify the Vendor from further consideration in the awarding of the associated Solicitation.

8.3.6. If a sample is found to not meet the Solicitation specifications or the intended purpose of the product, the Vendor will be disqualified from further consideration in the awarding of the associated Solicitation.

8.4. Sending of Samples.

8.4.1. A sample required by the District must be clearly marked by the Vendor with the following information:

8.4.1.1. The word "Sample" in large print;

8.4.1.2. The name of the company submitting the sample; and

8.4.1.3. The number and title of the Solicitation or Contract.

8.5. Return of Samples.

8.5.1. Unless specifically requested by Vendor in writing at the time the sample is provided, all samples provided shall become the property of KISD.

8.5.2. If the sample is required by the Vendor to be returned, Vendor is fully responsible for any and all costs associated with the return of the sample. KISD reserves the right to require that the Vendor prepay shipping costs associated with returning a sample.

9. MINORITY & WOMEN’S BUSINESS ENTERPRISE (MWBE), HISTORICALLY UNDERUTILIZED

BUSINESS (HUB), AND SMALL BUSINESS ENTERPRISE (SBE), AND VETERAN-OWNED, AND

LABOR SURPLUS FIRMS PARTICIPATION.

9.1 KISD encourages the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these entities must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre-qualify any subcontractors offered as HUB, MWBE and SBE participants. Vendors shall indicate on their Solicitation Response whether or not they are a HUB, MWBE, or SBE vendor and with whom they are certified, e.g., State, City, Federal.

When federal funds are expended by KISD, Vendor is required ensure when possible, that small, minority, women’s business enterprises, veteran-owned businesses, and labor surplus area firms for any subcontracting opportunities are considered as set forth in 2 CFR 200.321 and below. Such consideration means:

(1) These business types are included in solicitation lists;

(2) These businesses types are solicitated whenever deemed eligible potential sources;

(3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;

(4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; and

(5) Utilizing organizations such as the Small Business Administration and the Minority Business

Development Agency of the Department of Commerce.

10. PROTESTS.

9.1 Any Vendor who submitted a Solicitation Response may appeal KISD’s award, if the appeal is based on deviations from laws, rules, regulations, or KISD Board policies. KISD Board Policy

GF (Local) applies to any Vendor wishing to appeal a Solicitation and/or award of a Contract.

In accordance with Policy GF (Local), a Vendor shall submit a complaint/appeal form by hand-delivery, electronic communication, including email and fax, or U.S. mail, to KISD’s Director of

Purchasing. Complaints/appeals must be received by the close of business on or before the 10th

KISD business day of the date the Vendor first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance. In the event a Vendor is unsure about the award of the Contract, it is the Vendor’s responsibility to contact the KISD

Buyer identified in the Solicitation on the next business day after the award is announced and verify details concerning the award.

PART III

SOLICITATION RESPONSE

Klein ISD may issue an electronic solicitation requiring an electronic response through our E-Bid system. An electronic signature and responses will be acceptable for electronic solicitations.

1. PREPARATION OF A SOLICITATION RESPONSE. In preparation of a Solicitation Response, the

Vendor shall be required to satisfy the following requirements and shall agree to the following conditions and rules:

1.1. Each Vendor shall furnish all information required by the Solicitation. Solicitation Responses shall be direct, concise, complete, and unambiguous. Solicitation Responses should be self-explanatory and should not require any clarification or additional information.

1.2. The Vendor is responsible for ensuring that KISD has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda or other critical information. Please ensure that you respond to all documents and attachments in this Solicitation.

1.3. Each Vendor shall include an authorized signature:

1.3.1. Solicitation Responses must be signed and/or submitted only by representatives of

Vendor who have the authority to enter into this Contract on behalf of the Vendor.

1.3.2. For Solicitations that have been issued in hard copy, the Solicitation Response must be signed by an authorized signer;

1.3.3 For Solicitations that have been issued in electronic form, the Solicitation Response must be electronically signed by an authorized signer. Electronic Signatures are accepted in accordance with these terms and conditions and as set forth on the E-Bid system.

1.4. Vendors are required to respond to all requests identified in the Solicitation and indicate their acceptance or objection to the terms of the Solicitation and the terms of the Agreement. Any exceptions to the terms and conditions in the Solicitation or the Agreement must be clearly indicated in the appropriate section of the Vendor’s Solicitation Response. Deviations from any terms, conditions and/or specifications shall be conspicuously noted in writing by the Vendor and shall be included with the Solicitation Response. Each Vendor shall have all erasures or other changes initialed by the authorized signer of the Solicitation Response.

1.5. Each Vendor, by making its response, represents that the vendor has read and understands the

RFP and the Agreement.

1.6. Solicitation Responses submitted on other forms or with different terms or provisions may be deemed non-responsive by KISD and disqualified.

1.7. Unless otherwise instructed by the Solicitation, Vendors shall submit the lowest and best price, F.O.B. destination, freight prepaid and allowed, on each item, including packaging and transportation.

1.8. Unit price for each solicitation unit shall be shown and such price entered in both the unit price and extended price columns of the solicitation form for each item solicited. In case of error in extension of price, the unit price will govern.

1.9. An unsigned Solicitation Response will be deemed non-responsive and disqualified. Solicitation

Responses cannot be signed after the Solicitation opening time, even if the Vendor or a representative is present at the Solicitation opening.

1.10. All Solicitation Responses and accompanying samples or documents of any kind, once submitted, become the property of the District. The District is under no obligation to return any part of a Solicitation Response to a Vendor.

1.11. Prices in Solicitation Responses should not include tax; the District is tax-exempt.

1.12. When specified in the Solicitation, bidder must definitively state time of proposed delivery.

Time, if stated as a number of days, will include weekends and holidays.

1.13. Vendor agrees to provide KISD with the following financial information if requested by KISD at any point during the Solicitation process, including before or after Contract Award: If public, the

Vendor’s income statement, balance sheet, and cash flow for the past three (3) years; if private, the Vendor’s audited financial statements for the past two years (if available). A Vendor’s failure to provide this financial information may impact the KISD administration’s recommendation to the KISD Board of Trustees for the award of the Contract.

2. BRAND NAME AND PRODUCT NUMBER REFERENCE.

2.1. Product(s) considered for award shall equal or exceed the technical, environmental, and performance standards and specifications as defined within this Solicitation and further described in Part V, “Scope & Specifications.”

2.2. Whenever an article or material is defined by KISD in this Solicitation by describing a proprietary product or by using the name of a reference manufacturer, brand name, or stock number, the term “or equal” if not inserted shall be implied (as applicable). Any use of a reference manufacturer/ brand/ product is for brevity in establishing minimum specifications and is not intended to be restrictive. 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).

2.3. The District, in its sole discretion, shall make the final determination of acceptable substitutions.

2.4. If a Solicitation states the terms “No Alternatives”, “No Substitute” or “Must Match Existing” as to a certain item(s), then the District will not accept any other manufacturer’s products for that item(s).

2.5. The alternate manufacturer, trade and/or brand name and number must be indicated for each item bid, unless the Solicitation provides no information regarding a reference manufacturer’s product. The Bidder will be required to forward any illustrations that render the equivalency of the item. Any additional specifications must reference the corresponding line item number.

2.6. Products of inferior quality (as determined in the District’s sole discretion) will be rejected.

3. ATTACHMENTS.

3.1. Vendors may include attachments to describe goods or services being offered and/or to exhibit that products offered meet all written specifications; however, Vendors shall not submit samples unless requested to do so.

3.2. Page and paragraph numbers shall properly reference each page/paragraph of an attachment in the Solicitation Response.

3.3. The name of the Vendor submitting the attachment shall be prominently displayed on each page of each attachment to the Solicitation Response.

3.4. No terms or conditions recorded on any attachment to the Solicitation Response will be considered binding unless specifically made a part of the Solicitation Response in writing.

3.5 WARNING: Any added terms or conditions may result in disqualification of Solicitation

Reponses, e.g., Solicitation Reponses subject to laws of a state other than Texas, requirements for prepayment, limitations on remedies, change in venue, etc.

4. SITE VISITATION.

4.1. The Vendor shall be responsible for fully understanding the scope of the Solicitation. If applicable to the goods or services being solicited, the District recommends that Vendors visit the KISD site and make any necessary examinations, for example, examining the space, equipment to be serviced, etc.. Vendors shall obtain prior KISD Buyer approval for any such site visits. Requests for such approval must be made at least five (5) District Business Days prior to the proposed site visit date.

4.2. Optional pre-submittal conferences may be established by the District to allow Vendors access to the KISD facility that is the subject of the Solicitation. Attendance is not mandatory, but all prospective Vendors are highly encouraged to attend in order to have a better understanding of the requirements of this Solicitation. Persons with disabilities requiring special accommodations should contact the Buyer listed in the solicitation at the phone number listed, at least two (2) business days prior to the conference.

4.3. Prospective Vendors shall carefully examine the venue(s), specifications, and requirements.

4.4. If necessary, Vendors shall secure additional information from the KISD Buyer identified in the

Solicitation that may be requisite to a clear and full understanding of the work.

5. REFERENCES.

5.1. If required in the Solicitation, the Vendor shall submit references of customers that have contracted with Vendor to provide like products or services. It is recommended that the Vendor submit as references school districts or other local government organizations equal to KISD in size and structure, if possible.

5.2. The District reserves the right to use the results of the reference check in the evaluation process.

A negative reference or references may cause a Bid to be rejected.

6. CERTIFICATIONS AND REPRESENTATIONS.

6.1. The Vendor shall complete, sign and provide to KISD all documents required by the Solicitation.

Bids or responses to CSPs that fail to comply with any or all of the requirements shall be considered incomplete and may be disqualified.

6.2. Depending on the type of Solicitation, the forms that may be required include, but are not limited to:

6.2.1. Felony Conviction Notice.

6.2.1.1. Texas Education Code, Section 44.034 requires that a person or business entity (excluding publicly held corporations) that enters into a Contract with the District must give advance notice to the District if the person or an owner or operator of the business entity has been convicted of a felony.

6.2.1.2. The District may terminate a Contract with a person or business entity if the District determines that the person or business entity failed to give notice as required by the Education Code or misrepresented the conduct resulting in the conviction.

6.2.1.3. Vendors shall complete, execute and return as part of the Solicitation

Response, the Felony Conviction Notice Form referenced in the

Solicitation.

6.2.2. Proposal Certification and Affirmation (Proposals only). This document must be signed by an authorized representative of Vendor who has the authority to enter into this Contract on behalf of Vendor. This document must be included with the

Solicitation Response in order for the Solicitation Response to be considered. Failure to sign and submit this document will disqualify the Solicitation Response.

6.2.3. Completed State of Texas and Federal Uniform Guidance/EDGAR certifications (as applicable)

6.2.4. Notice of No-Bid Form (if applicable)

6.2.5. Affidavit of Non-Collusion

6.2.6. Certification of Residency

6.2.7. Conflict of Interest Forms

6.2.8. Certificate of Interested Parties – Form 1295

6.2.9. IRS Form W-9. The Vendor is required to submit with their Solicitation Response a current copy of an IRS Form W-9 Request for Taxpayer Identification Number and

Certification to expedite the payment process if awarded a Contract. In addition, the

Contractor must keep a current Form W-9 on file with KISD throughout the Term of this Contract in order to receive payment under this Contract. A copy of the form can be found at https://www.irs.gov/pub/irs-pdf/fw9.pdf.

6.2.10. Certificates of Insurance providing evidence of all required insurance coverage as listed above must be attached to the Bid or CSP documents.

7. SUBMISSION OF SOLICITATION RESPONSES.

7.1. All Solicitation Responses shall be true and correct statements. Vendors shall have no right to claim omission or error in a Solicitation Response.

7.2. If directed by the Solicitation, the Vendor shall provide any and all information, certifications, forms, and documents as stated within the Solicitation. Vendor is solely responsible to ensure that all required information, certifications, forms, and documents are submitted to KISD.

7.3. Vendor’s Solicitation Response must contain:

7.3.1. The signed cover page of the Solicitation with Vendor’s Certification (may be completed electronically as set forth on the E-Bid system for electronic Solicitations);

7.3.2. The Solicitation Response form;

7.3.3. Specification documents, if applicable;

7.3.4. The certifications and representations as applicable;

7.3.5. Any additional documents required by the Solicitation.

7.4 Solicitation Responses shall be submitted electronically through KISD’s E-Bid system for electronic Solicitations, or otherwise enclosed in sealed envelopes and submitted by hand-delivery or by certified or registered mail, return receipt requested, addressed per the instructions in the Solicitation, with the following information on the face of the envelope: the name and address of the bidder, the title and number of the bid, and the date and hour of opening. KISD will only accept Solicitation Responses submitted by these means; Solicitation Responses submitted by any other means, including but not limited to facsimile or e-mail, will not be accepted.

7.5 In the event that Vendor elects to submit no Solicitation Response, Vendor shall return the

Solicitation marked “no bid,” unless otherwise specified in the Solicitation. Notation should be made in Vendor’s “no bid” response as to whether future solicitations for the type of contract covered by the Solicitation are desired.

7.6 “All-or-None Bids”

7.6.1 In some instances it is to the advantage of the Klein ISD to award the entire Contract to one vendor. Please review these materials carefully to determine if this is an "all-or-none" Solicitation. If it is, and the entire “all-or-none” document is not completed, the

Bid shall be considered incomplete and may be disqualified. Vendors with questions about this requirement shall contact the Klein ISD Director of Purchasing prior to the submission of their Bid.

8. WITHDRAWAL OF A SOLICITATION.

8.1 Withdrawal of Bids will not be allowed for a period of 180 days following the Solicitation opening/bid closing date, unless otherwise specified in the Solicitation.

8.2 Withdrawal of Bids prior to the deadline for submission of Bids is permitted. A Bid that has been submitted to KISD electronically may be withdrawn in the E-Bid System prior to the submission deadline. All other Bids may be withdrawn by written notice only; such notice must be received by KISD prior to the submission deadline.

9. SOLICITATION RESPONSE CERTIFICATION. By signing and submitting a Solicitation

Response, the Vendor certifies and represents to the District that:

9.1. The Solicitation Response has been manually or electronically signed and submitted by an authorized representative of the company or firm submitting the bid, proposal, offer or other

Solicitation Response document;

9.2. Neither the Vendor’s firm nor any of its individual representatives has not prepared the

Solicitation Response in collusion with any other Vendor or individual; and

9.3. The contents of the Solicitation Response as to price, terms and conditions or other details of the

Solicitation Response have not been communicated by the Vendor or by any employee or agent of the Vendor to any other person engaged in this type of business prior to the official opening of the solicitation.

10. LATE SOLICITATION RESPONSES.

10.1. Potential Vendors must submit Solicitation Responses by the established deadline (day and time).

KISD does not accept Solicitation Responses after the due date and time. Late Solicitation

Responses will NOT be considered under any circumstances. Any Solicitation Responses received after the submittal deadline date and time will be disqualified.

10.2. A Solicitation Response will be considered late if the Solicitation Response is not received at the

Purchasing Department Solicitation Response Desk or electronically submitted and received by

KISD through its E-Bid system on or before the date and time indicated in the Solicitation.

10.3. The Purchasing Department will not be responsible for and no exceptions or allowances will be made for late submission due to actions of Vendor or a third-party or other issues resulting in delay, including but not limited to misrouting of a Solicitation Response within the District, delays caused by or other issues relating to the Post Office or other courier service, or technical delays or problems.

10.4. The official deadline date and time is determined by the Purchasing Department.

11. OPEN RECORDS POLICY. KISD is a governmental body subject to the Texas Public Information

Act. Solicitation Responses submitted to KISD as a result of this Solicitation may be subject to release as public information after Contracts are executed or the Solicitation is terminated. If a Vendor believes that its Solicitation Response, or parts of its Solicitation Response, may be exempted from disclosure under Texas law, the Vendor must specify page-by-page and line-by-line the parts of the Solicitation

Response which it believes are exempt. In addition, the Vendor must specify which exception(s) to the

Texas Public Information Act are applicable and provide detailed reasons to substantiate the exception(s). Vague or general claims to confidentiality will not be accepted. KISD assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by

Vendors.

12. PREFERENCES. KISD may apply applicable preferences for Texas resident Vendors in the event of a tie bid. Preferences must be explicitly claimed by Vendor and may not be applicable in all Solicitations and/or Contracts, including those involving federal funds unless specifically authorized by federal regulations. See Texas Government Code §§ 2252.001 - .004; 2 C.F.R. § 200.319.

13. RESPONSIBLE VENDOR. A responsible vendor is a Vendor who has adequate financial resources

(or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein.

14. RESPONSIVE SUBMITTALS. Solicitation Responses shall be deemed responsive if they comply with all material and administrative aspects of this Solicitation.

15. SOLE SOURCE. In order to become a Sole Source Vendor, a Vendor must meet the requirements of

Texas Education Code § 44.031 (j) Sole Source, as described below.

15.1. Selected purchases may be exempt from competitive procurement if they meet the established criteria for a sole source purchase:

• Identification and confirmation that competition in providing the item or product to be purchased is precluded by the existence of a patent, copyright, secret process or monopoly

• Identification and confirmation that the product is a film, manuscript, book, utility service (including electricity, gas, or water), or a captive replacement part or component for equipment

• Sole source does not apply to mainframe data-processing equipment and peripheral attachments with a single item purchase price in excess of $15,000.

15.2. It is incumbent upon the School District to obtain and retain documents from the Vendor which clearly delineate the reasons that qualify the purchase to be made on a sole source basis. In order to do business with KISD as a Sole Source Vendor, KISD must receive a notarized Sole

Source Affidavit along with proof of your company qualifying as a sole source.

15.2.1. Please mail this information to: Klein Independent School District, Attn: Purchasing

Department, 7200 Spring Cypress Road, Klein, TX 77379.

15.3. KISD reserves the right to decide if your company is a qualified Sole Source Vendor.

16. INTERLOCAL COOPERATION ACT. It is the intent of KISD to allow other governmental entities, including other school districts, to “piggyback” onto any existing contract between KISD and Vendor entered into pursuant to this Solicitation. Vendor expressly agrees that KISD may disclose Vendor’s

Solicitation Response, including, but not limited to, pricing information, to other governmental entities.

Accordingly, as permitted under the Interlocal Cooperation Act, Chapter 791 of the Texas Government

Code, and Chapter 271, Subchapter F of the Texas Local Government Code, other governmental entities that have entered into an Interlocal Agreement with KISD are authorized to enter into separate and independent contracts with Vendor that employ the same negotiated terms and conditions contained in an existing contract(s) between KISD and Vendor. Any such separate, independent contract developed as a result of this Solicitation and/or the Contract is exclusively between such other governmental entity and Vendor and shall have no effect or impact on KISD or KISD’s contract with Vendor. It is expressly understood that KISD shall in no way be liable for the obligations of any other governmental entity contracting with Vendor pursuant to this section.

PART IV

SOLICITATION RESPONSE EVALUATION AND AWARD

In accordance with applicable laws, rules, and regulations for public purchasing, Contract Award(s) will be made to the responsible Vendor(s) whose Solicitation Response(s) is/are determined, after evaluation by the KISD Purchasing Department, to be the best value to KISD. To qualify for evaluation, a Solicitation

Response must have been submitted on time and must materially satisfy all mandatory requirements identified in these General Provisions.

1. RESERVATIONS. The District expressly reserves the right to:

1.1. 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 KISD and a vendor may also take place after the initial receipt of

Solicitation Responses. KISD reserves the right to conduct discussions with all, some, or none of the vendor(s) submitting Solicitation Responses. KISD will not assist a vendor in the revision or modification of its Solicitation Response, nor will KISD assist a vendor in bringing its

Solicitation Response to the same level of other Solicitation Responses received by KISD;

1.2. Waive minor deviations from specifications, if the District determines that overall cost of the goods or service will be lower and the overall function is improved or not impaired;

1.3. Waive any minor formality(ies), technicality(ies), and/or deficiency(ies), including but not limited to Solicitation procedure(s), if deemed in the best interest of KISD;

1.4. Reject any or all Solicitation Reponses;

1.5. Cancel the Solicitation, including but not limited to cancelling the Solicitation in whole or in part by issuance of a revised or amended Solicitation;

1.6. Reissue a Solicitation; Award one or more Contracts, in part or in whole, to a single or to multiple prospective Vendors (The decision to award multiple contracts, award only one contract, or to make no awards rests solely with KISD. KISD may make multiple awards, and this fact should be taken into consideration by each Vendor.);

1.7. Award contracts for individual products or services as may appear advantageous, and/or to negotiate separately in any manner necessary to serve the best interests of KISD;

1.8. Accept, reject,…