4-3. RFQ 26-023C Required Forms.pdf

Schertz-Cibolo-Universal City ISD Solicitation No. 26-023C Design Build Services for Byron P. Steele High School Light Pole Replacements Page 1 of 16

SECTION 5 – ATTACHMENTS

REQUIRED FORMS

FORMS INCLUDED IN THIS SOLICITATION DOCUMENT

(1) Vendor Statement of Qualifications

(2) Attachment A – Proposal Form

(3) Attachment B – Exceptions to this Solicitation

(4) Attachment C – Felony Conviction Notice

(5) Attachment D – Conflict of Interest Form CIQ

(6) Attachment E – EDGAR Certification Requirements

*Download solicitations, addenda and other forms at: https://scucisd.procureware.com

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Statement of Qualification

RFQ submittals are to include at minimum the information requested in this section in the sequence and format prescribed. Failure to respond in this sequence and format will result in a reduction of points or disqualification. Proposers are instructed to limit the information included in the SOQ to the information necessary to demonstrate the technical, financial and other qualifications and experience for the Project and any other information specifically requested in this RFQ. SOQs should be prepared in a straightforward and concise manner. Emphasis should be placed on clarity and completeness of content and responsiveness to the RFQ requirements.

SOQ Format: The SOQ shall be submitted in the order as listed below:

1. Cover Letter.

2. Section 1: SOQ Transmittal Letter and required attachments

a. Letter from surety

b. Insurance certificate

3. Section 2: Proposer and DB Team Profiles

4. Section 3: Proposer and DB Team Qualifications and Experience

5. Section 4: Project Organization and Key Personnel

6. Section 5: Project Approach

7. Section 6: Financial Information

1. Cover Letter

2. Section 1: SOQ Transmittal Letter

a. Proposer shall complete all blanks, type or print the required information and execute as indicated. Submit the completed and executed Letter and all required attachments

3. Proposer and DB Team Profiles

a. Proposer shall provide information as to the history of the Proposer, ownership, organization and other background information including lines of business and service offerings, locations of home and other offices, years in business and providing design and/or construction services, including DB services for DB projects, growth over time in terms of number of projects, size of projects, types of projects, firm revenue, number of employees, etc. This narrative shall identify the Lead Designer and Lead Constructor. This narrative should also include a description of any other names the Proposer has had in its history and any related company that is named in the SOQ as to having relevant experience.

b. Proposer shall indicate in this section the Proposer’s intention to pursue self-perform work for the Project. Proposer shall also indicate any DB Team Member’s intention to pursue work with the intention, the types of work should be identified.

c. Provide the names of any DB Team Members. Provide brief summary information as to its history, ownership, organization and other background information including lines of business and service offerings, locations of home and other offices, years in business and providing design and/or construction services, including DB services for DB projects, growth over time in terms of number of projects, size of projects, types of projects, firm revenue, number of employees, etc.

d. The DB Team proposed by Proposer, including but not limited to the DB Team Members, Key Personnel and Alternate Key Personnel identified in the SOQ, shall remain on Proposer’s DB Team for the duration of the procurement process and, if the Proposer is awarded the Agreement, the duration of the Project. If circumstances require a proposed change, it must be submitted in writing to the Point of Contact. The Owner, in its sole discretion, will determine whether to authorize the change. Unauthorized changes to the Proposer’s DB Team at any time during the procurement process may result in the elimination of the Proposer from further consideration.

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4. Proposer and DB Team Qualifications and Experience-Up to the past 15 years

a. Provide verifiable examples of at least three (3) Design-Build projects completed by the Proposer Team and/or DB Team Member as the design-builder. The project profile will include:

1. Name and location of project.

2. Project Owner.

3. General description of project and scope of work.

4. Construction cost of project.

5. Describe if design was completed on time and within owner’s budget. If not describe the reasons and circumstances for delays and increased costs.

6. Indicate the involvement (roles and responsibilities) of any of the Key Personnel or Alternate Key Personnel proposed for this Project.

7. Describe any aspects of the project and actions taken by the Proposer that

8. demonstrates why the Proposer could provide the best value to the Owner and/or that would differentiate the Proposer from the other Proposers.

9. Provide an owner reference for the project: name, title, email address and telephone number.

b. Provide a brief summary of Proposer’s Health and Safety Program including past three years of EMR. Please note, Proposers with an EMR higher than 1.0 may be disqualified as a Proposer for the Project.

5. Project Organization and Key Personnel

a. Describe the functional role and services that will be provided by the Proposer and any DB Team Members. Describe the history of the prior working relationships between Proposer and any DB Team Members working on any past projects. Provide a brief description of the managerial structure proposed for this Project including the reporting relationships.

b. Provide an organizational chart(s) for this Project showing the functional structure of Proposer’s Project team with lines identifying the significant positions and participants (both firms and individuals or positions) who are responsible for the major elements of the provision of the Services and the critical support elements. Key Personnel positions indicated on the organizational chart must have named individuals. Charts shall indicate the anticipated percent of each person’s/position’s time that will be committed to the Project.

c. Proposer shall designate Key Personnel proposed for the Project. Key Personnel include the Project Manager, Design Manager, Preconstruction Manger, Project Superintendent, Safety Manager and Quality Control Manager. DB experience is highly preferred but not required. The Preconstruction Manger will participate and be responsible for the constructor constructability, scheduling and estimating input to the design effort. The Project Superintendent must be dedicated to this Project full time for the duration of the Project.

d. Provide a resume for each Key Person. The Proposer must provide the services of the proposed Key Personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel or may result in the disqualification of the Proposer.

e. For Key Personnel involved in DB projects, please provide a narrative that summarizes their collective experience in providing services for DB project. Have any members of the DB team received special training in the delivery of DB projects or special accolades in the delivery of DB projects?

6. Project Approach

a. Proposer shall describe its specific Project approach to provide the Services to deliver a high quality, on time and on budget Project. The narrative should also describe the Proposer’s commitment for local involvement in this Project

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7. Financial Information

a. Financial Information and Bank Reference

i) Completion and submission in this Section of the Financial Resources Data Form. This Form is included in Attachment B of this RFQ.

ii) If the Proposer is a consortium, a joint venture, LLC or a partnership, the SOQ shall identify the parties and relationships. Each participating party or firm of such consortium, joint venture, LLC, or partnership shall provide Financial Resources Date Form and Bank Credit Reference.

b. Each Proposer shall submit the information requested below and include in this Section. If any of this information is not provided, the reason for its omission shall be stated. If the Proposer is a consortium, a joint venture, LLC or a partnership, the SOQ shall identify the parties and relationships. Each participating party or firm of such consortium, joint venture, LLC, or partnership shall provide the information requested below.

c. Direct Financial Questions

i) The purpose of this section is to elicit information pertaining to unfavorable circumstances or events that have the potential to adversely impact the Proposer’s ability to honor its contractual commitments in the provision of the Services. To the extent that any of these questions are answered in a manner that indicates that any of these unfavorable circumstances or events have occurred, it is the responsibility of the Proposer to describe the unfavorable circumstance or event and provide sufficient information to demonstrate that the unfavorable circumstance or event will not adversely impact the Proposer’s ability to honor its contractual commitments in the provision of the Services. Responses to these questions are for Proposer and any predecessor name(s) of Proposer.

(1) Material Adverse Changes in Financial Position. Within the last three years, describe any material, historical, existing or anticipated changes in financial position of the Proposer including any material changes in the mode of conducting business, mergers, acquisitions, takeovers, joint ventures or divestitures.

(2) Bankruptcy. Has the Proposer ever declared bankruptcy or filed for protection from creditors under state or federal proceedings? If so, when and describe the impact it would have on the ability to undertake this Project.

(3) Liabilities and/or Potential Liabilities. List and briefly describe any pending or past legal proceedings within last three years and judgments or any contingent liabilities in which the Proposer or any parents, affiliates and subsidiaries of the Proposer was or is a party that could adversely affect the Proposer’s financial position or ability to undertake this Project.

(4) Completion of Contracts. Within the last three years has the Proposer failed to complete any contract or has any contract been terminated due to alleged poor performance, default or litigation?

(5) Violation of Laws. Has the Proposer been convicted of any criminal conduct or been found in violation of any federal, state, or local statute, regulation or court order concerning antitrust, public contracting, employment discrimination or prevailing wages? If so, describe the circumstances.

(6) Debarred from Bidding. Has the Proposer been debarred or are under consideration for debarment on public contracts by the federal government or by any governmental entity in Texas or any other state? If so, describe the circumstances. Is the decision under review or was it upheld by formal legal and/or grievance process?

(7) Litigation. Has Proposer been involved in litigation involving owners for construction projects that have been filed within last three years or that are currently outstanding?

End of Statement of Qualifications

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ATTACHMENT A

PROPOSAL FORM

NOTE: Failure to complete this form shall result in your Proposal being deemed non-responsive and rejected without further evaluation.

We, , (Company Name) of, , (Business Address) (Zip Code)

The undersigned, having fully and carefully read and examined the Request for Proposal (RFQ) Documents, Enclosures and Addenda, hereby offers to Schertz-Cibolo-Universal City Independent School District a Proposal for 26-023C Design-Build Services for Byron P. Steele II High School Light Pole Replacements in accordance with the solicitation documents, and addenda at the place, price and in a manner set out therein and certifies the following;

a. Represents that to the best of its knowledge it is not indebted to the Schertz Cibolo Universal City Independent School District. Indebtedness to the District shall be basis for the non-award and/or cancellation of any award.

b. Certifies that no suspension or debarment is in place that would preclude receiving a federally funded contract.

c. The undersigned affirms that they are duly authorized to execute this contract, to fully comply with the terms and conditions of this Request for Proposal, including all forms and attachments included herein, that this company, corporation, firm, partnership or individual has not prepared this Proposal in collusion with any other Bidder, and that the contents of this Proposal as to prices, terms or conditions of said Proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this solicitation.

ADDENDA ACKNOWLEDGEMENT

Acknowledgement is hereby made of receipt of the following addenda to this PROPOSAL document:

Addendum No. dated , pages

Signatures: Signed and submitted by:

(Signature of person authorized to sign) (Print name of person authorized to sign)

Name of person to contact regarding this Proposal:

Title: Telephone #:

FAX: E-Mail:

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ATTACHMENT B

EXCEPTIONS TO THIS SOLICITATION

Does the Prospective Bidder have any deviations to any conditions and/or specifications/scope of services listed in this document?

No

Yes

If yes, noted in writing herein.

(Attach additional Pages if necessary)

Note: Each exception must be clearly defined and referenced to the proper section and paragraph in this Solicitation.

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ATTACHMENT C

FELONY CONVICTION NOTICE

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

VENDOR’S NAME:

AUTHORIZED COMPANY OFFICIAL’S NAME:

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

Signature of Company Official:

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

Signature of Company Official:

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

Name of Felon(s):

(Attach additional sheet if necessary.)

Details of Conviction(s):

(Attach additional sheet if necessary.)

Signature of Company Official:

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school 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. The notice must include a general description of the conduct resulting in the conviction of a felony”.

Subsection (b) states “a school District may terminate a contract with a person or business entity if the District determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The District must compensate the person or business entity for services performed before the termination of the contract”.

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION (Sign under ITEM A)

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ATTACHMENT D

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity

Date

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CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has 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 member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period 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.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if 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, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator 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:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

http://www.statutes.legis.state.tx.us/

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ATTACHMENT E

EDGAR CERTIFICATION REQUIREMENTS (Federal Funding)

The District has elected to solicit requests for proposals under the requirements set forth by the Code of Federal Regulations (CFR) Title 2 Grants and Agreements, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200). Following these federal requirements will allow for federal funds entrusted to the District to be used to make purchases through an awarded District contract. The CFR is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government produced by the Office of the Federal Register (OFR) and the Government Publishing Office. The CFR may change during the term of the contract and the Vendor may be required to make adjustments as necessary.

By submission of a Solicitation Response, the Vendor certifies and agrees that they as a company understand and comply with all applicable areas identified herein. Some of the areas may not be applicable to this solicitation and it is the supplier's sole responsibility to identify which areas are appropriate for the solicitation. Failure to affirm and agree to these requirements may, at the District’s discretion, disqualify the associated response to this solicitation or limit the use of the awarded contract based on the funding source.

The District reserves the right at any time within the contract term to require an awarded supplier to reaffirm, sign and resubmit proper documentation stating that their company is not debarred, nor have any other circumstances changed related to their original response.

NOTE: Any NO answers in this section must be listed on the Exceptions Form (Attachment C) with a detailed explanation for the exception.

General:

1. BUY AMERICAN ACT: Proposers must agree and certify that proposer is in compliance with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must still follow the applicable procurement rules calling for free and open competition. Information regarding the Buy American Act can be found at https://www.gpo.gov/fdsys/pkg/CFR-2010-title48-vol2/pdf/CFR-2010-title48-vol2-sec52-225-11.pdf

AGREED: Yes No

2. CLEAN AIR AND WATER ACT: (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33

U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $250,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

ACKNOWLEDGED: Yes No

3. Compliance with Energy Policy and Conservation Act: When Federal funds are expended by the District, for any contract resulting from this procurement process, the vendor certifies, that the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state agency conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

http://www.gpo.gov/fdsys/pkg/CFR-2010-title48-vol2/pdf/CFR-2010-title48-http://www.gpo.gov/fdsys/pkg/CFR-2010-title48-vol2/pdf/CFR-2010-title48-

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4. ANTITRUST CERTIFICATION STATEMENT. Pursuant to Texas Government Code § 2155.005, I affirm under penalty of perjury of the laws of the State of Texas that: 1. I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; 2. In connection with this bid, neither I nor any representatives of the Company have violated any provision of the Texas Antitrust laws codified in Tex. Bus. & Comm. Code Chapter 15; 3.

In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and 4. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

AGREED: Yes No

5. DEBARMENT AND SUSPENSION (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp.,

p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM (sam.gov) contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Prior to award, the District will verify that the supplier is not currently listed as debarred by the Federal government. If the supplier is found to be on the Federal debarment list, the District, at its sole option, may elect to not award to the supplier if the funds intended for use with the contract will be federal funds. If awarded and during the contract term the supplier becomes debarred, the supplier must notify the District within five (5) District business days of the debarment. The District, upon its sole judgment, may elect to terminate the associated contract without penalty to the District or limit the contract to non-federal funds. Such judgment will be done in writing within twenty (20) District business days. During this assessment period, no contract orders can be placed by the District using federal funds.

6. CONFLICT OF INTEREST. 2 CFR 200.318(c)(1) states that the District must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate 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 the contract awarded to a specific supplier. The officers, employees, and agents of the District may neither solicit nor accept gratuities, favors, or anything of monetary value from suppliers or parties to subcontracts.

However, the District may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the District. It is the responsibility of the supplier to identify and make the District aware of any potential conflicts of interest that exist between their company and the District. Failure to do so will cause the associated supplier response to be disqualified from further consideration, or if already awarded, the associated contract will be terminated immediately without penalty to the District based on cause.

7. TERMINATION FOR CAUSE. All federal contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. The District does not have a threshold, so therefore, all contracts for any amount may be terminated for cause.

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8. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352). The Byrd Amendment applies to all federal contracts, grants, or cooperative agreements, and subcontracts expected to exceed the Simplified Acquisition Threshold (SAT). All contractors and subcontractors should comply with the requirements of this Act. Suppliers must certify for orders over the SAT that they have not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

The supplier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award.

9. PROHIBITED EMPLOYMENT ASSISTANCE (CJ LEGAL) 20 USC 7926. Vendor certifies and agrees that it shall not assist an employee, contractor, or agent of ESC, Region 20 or of any other school district 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.

10. FOOD/PRODUCT RECALL AND HACCP PROCEDURES. Vendor certifies that vendor has, and follows, written Food/Product Recall and Hazard Analysis Critical Control Point (HACCP) procedures, which includes a primary and secondary point of contact. Specify below primary and secondary point of contact, include: name, title, email address and phone #:

Primary Contact:

Secondary Contact:

Food/Product Recall procedures must be provided with the proposal submission, which includes the notification process – at a minimum the method of notification and timeline. HACCP procedures must be provided with the proposal submission or made available upon request for review.

11. HEALTH AND SAFETY CERTIFICATES, LICENSING, AND REGULATION. Vendor certifies compliance with all applicable local, state and federal health & safety certifications, licensing, or regulations, which include, but are not limited, to facility use, food establishment, and authorized providers. If applicable, this information must be provided with the proposal response or upon request.

12. CERTIFICATION OF NON-COLLUSION STATEMENT. Vendor certifies that he/she is duly authorized to execute a contract, that this company, corporations, firm, partnership or individual has not prepared this proposal in collusion with any other Proposer, and that the contents of this proposal as to prices, terms or conditions of said proposal will not be communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of the proposal. The proper also affirms that they have not given, offered to give, do not intend to give at any time hereinafter any economic opportunity, future employment, gift loan, gratuity, specified discount, trip, favor, or service to a private service in connection with this contract.

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13. SMALL PURCHASES (2 CFR 200.320). Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold (SAT). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Specifically, for multiple award catalog-based or no identifiable pricing, the District may be required to submit a request for quotation from the contracted vendors for the purpose of meeting the competitive bidding requirement of this section.

14. CERTIFICATION OF RESIDENCY. Chapter 2252 of the Texas Government Code relates to Resident versus Nonresident and the requirements governmental entities must follow when awarding contracts to Nonresidents. The pertinent portion of the Chapter is as follows:

2252.002...

A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in:

(1) the state in which the nonresident's principal place of business is located; or

(2) a state in which the nonresident is a resident manufacturer.

i. I certify that my firm is a Resident of Texas as defined in Chapter 2252. Yes

ii. I certify that my firm is not a Nonresident of Texas as defined in Chapter 2252. Yes

LARGE PURCHASES. For individual purchases that exceed the Simplified Acquisition Threshold.

1. SIMPLIFIED ACQUISITION THRESHOLD. Contracts for more than the Simplified Acquisition Threshold (SAT), which may be adjusted for inflation by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. In any case, contracts in excess of the state’s or state agency threshold must address the foregoing. Any purchase that is over the SAT threshold will require additional cost/price analysis by the District. The supplier may be required to provide additional documentation to support this requirement based on the federal requirements at the time of the purchase.

2. COST ANALYSIS / NEGOTIATION OF PROFIT (2 CFR 200.323). For contracts over the SAT, the District must negotiate profit as a separate element of the price for each contract in which there is no price competition, including solicitations that received only one viable response. In all cases, a cost analysis is to be performed by the District. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

3. SUPPLIER VIOLATION OR BREACH OF CONTRACT TERMS. For contract awards valued at or greater than the SAT the District must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate.

The remedies under this provision are in addition to any other remedies that may be available under law or in equity.

SPECIALIZED PROCUREMENTS. Applies only to solicitations for which specialized requirements are

Solicitation No. 26-023C Design Build Services for Steele HS Light Pole Replacements Page 14 of 16 identified.

1. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

2. ENERGY POLICY AND CONSERVATION ACT (42 U.S.C.6201). Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

3. SOLID WASTE DISPOSAL ACT. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

4. RECORD RETENTION REQUIREMENTS, 2 CFR § 200.333. When federal funds are expended by the

District for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The vendor further certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed

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