4-A - Affidavits and Certificates- Bid Packet.pdf

REQUEST FOR PROPOSALS

Date: September 24, 2025

Proposal Category: GROW RGV Tree Project

Proposal Number: 25-0171

The Region One Education Service Center is soliciting request for proposals from firms (“Respondents”) for the GROW RGV Tree Project in accordance with the terms, conditions, and requirements set forth in the Request for Proposals (“RFP”) Statements for consideration by the Region One ESC.

Region One ESC Purchasing Department will receive request for proposals for GROW RGV Tree Project RFP 25-0171 electronically through the eBuyOne Bonfire portal:

https://esc1.bonfirehub.com/portal/?tab=openOpportunities no later than 3 PM CST, Wednesday, October 22, 2025. Late submissions will not be considered.

Questions/clarifications regarding this RFP must be submitted in writing through the “Ask a Question” section located within the bid solicitation available through the eBuyOne Bonfire portal:

https://esc1.bonfirehub.com/portal/?tab=openOpportunities no later than 3 PM, Tuesday, October 7th, 2025.

Questions/clarifications regarding this RFP will not be answered by phone. 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 RFP 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 proposals are received shall be considered part of the RFP, 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 webpage regularly, or prior to submitting a response, to ensure that no addenda or additional information have been issued for the solicitation.

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

Sincerely, Daniel P. King, Ph.D.

Executive Director

Rumalda Ruiz Deputy Director Division of Business and Operations

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

REGION ONE EDUCATION SERVICE CENTER

TABLE OF CONTENTS

GROW RGV Tree Project

RFP 25-0171

TABLE OF CONTENTS PAGE

A. PROPOSAL PACKAGE CHECKLIST 3

B. STANDARD TERMS AND CONDITIONS 4

C. SPECIAL TERMS AND CONDITIONS 28

D. PROPOSAL SUBMISSION SPECIAL INSTRUCTIONS 30

E. EVALUATION CRITERIA 33

F. VENDOR AFFIDAVITS AND CERTIFICATIONS 34

EXHIBITS AVAILABLE IN BONFIRE

• BONFIRE BIDTABLE

• BONFIRE QUESTIONNAIRE

A. RFP PACKET FORM WITH AFFIDAVITS AND CERTIFICATIONS

B. FORM W9

C. FORM CIQ

D. FORM 1295 INSTRUCTIONS

E. TREE INVENTORY LIST AND QUANTITIES

REGION ONE EDUCATION SERVICE CENTER

RFP 25-0171

In order for your proposal to be considered, the following items are REQUIRED to be uploaded to the RFP 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. Indust.

9. Breach of Contract Terms, Sanctions and Penalties

10. Termination for Cause or Convenience

11. Equal Employment Opportunity

12. Davis Bacon Act

13. Contract Workhours and Safety Standards Act

14. Rights to Inventions

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

16. Debarment and Suspension

17. Byrd Anti-Lobbying Amendment

18. Procurement of Recovered Materials

19. Prohibition on Certain Telecommunications/Video Surveillance

20. Domestic Preferences for Procurements

21. Employment Verification

22. Record Retention Requirements

23. Non-Collusion Statement

24. Financial Health and Stability

25. Health and Safety Certificates, Licensing & Regulation

26. Compliance with Buy American Provision

27. Food Recall and HACCP Procedures

28. Signature and Declaration of Compliance

B. FORM W-9

C. FORM CIQ

D. FORM 1295 (unless proof of exemption provided) E. TREE INVENTORY LIST AND QUANTITIES (Exhibit A) F. PROOF OF INSURANCE- Liability G. POOF OF INSURANCE – Workers comp.

H. EVIDENCE OF FINANCIAL HEALTH AND STABILITY

I. ESTIMATED LEAD TIME ON TREE DELIVERY

J. VENODOR PHYSICAL LOCATIONS.

K. SUPPLEMENTAL CONTRACT (if applicable) L. SBE, LSA CERTIFICATIONS (if applicable) M. RECALL PROCEDURES (if applicable) N. MISCELLANEOUS/OTHER (if applicable) O. Bonfire BidTable (Specifications and Pricing) P. Bonfire Questionnaire

*DIGITAL SIGNATURES ARE ALLOWABLE*

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

DOCUMENTS WILL DISQUALIFY IT**

REGION ONE EDUCATION SERVICE CENTER

STANDARD TERMS AND CONDITIONS

RFP 25-0171

The words bids, request for proposals, RFP, proposal, agreement, quotes, solicitation, procurement, and their derivatives may be used interchangeably in these terms and conditions.

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

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

Contracts awarded pursuant to this RFP comply with the Texas Education Code §44.031 and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR § 200.318-327. It is the intent of Region One ESC to comply with the most restrictive Federal or State rule or regulation, and Region One ESC, intends to conduct a cost or price analysis in connection with every procurement action using Federal funds.

This Agreement is entered into between Region One Education Service Center (Region One ESC), and Respondent having submitted a proposal in response to a procurement solicitation issued by Region One ESC and whose proposal has been accepted and awarded by Region One ESC. In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Region One ESC and Respondent, intending to be legally bound, and subject to the terms, conditions, and provisions of this Agreement, agree as follows:

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

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

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

4. RIGHTS RESERVED BY REGION ONE ESC AND RESTRICTIONS ON RFP PROCESS:

a. Region One ESC reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.44.htm https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.44.htm https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl

b. Region One ESC further reserves the right to accept, reject or negotiate modifications in any terms of a proposed vendor’s proposal or any parts thereof.

c. Region One ESC may conduct oral interviews/discussions or presentations necessary to select the best value Vendor and/or to obtain competitive pricing.

d. Region One ESC reserves the right to reject any and/or all proposals, to award contracts for individual products and/or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of Region One

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

f. Region One ESC also reserves the right as sole judge of quality and equality.

g. Region One ESC further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors or proposers. The decision to award multiple contracts, award only one contract, or to make no awards, rests solely with Region One ESC.

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

h. Region one ESC shall make all decisions regarding this RFP, including, without limitation, the right to decide whether a proposal substantially complies with the requirements of this RFP.

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

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

7. ADDENDA: Any interpretation, correction or change to this Proposal Invitation will be made by addendum, and updated information contained in an addendum will prevail over the information contained in the original Proposal Invitation or a previous addendum. 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 proposals are received shall be considered part of the RFP solicitation, and the Respondent shall be required to consider and acknowledge receipt of each addendum. It is the Respondents responsibility to view and acknowledge any addenda and incorporate the addendums into the proposal submission for the solicitation.

8. CLARIFICATIONS: 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.

9. 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.

10. PROHIBITION AGAINST CONTACT: Vendors shall restrict all contact with Region ESC, and direct all questions regarding this RFP to the Point of Contact specified in this solicitation. Do not contact members of the Board of Directors, the Executive Director or other employees of the Region One Education Service Center. Contact with any of these prohibited individuals after issuance of the RFP and before execution of a contract, may result in disqualification of your Proposal.

11. CONFLICT OF INTEREST: No employee, officer, 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 Region One ESC 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, Alicia Requenez.

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

King, Dr. Judith Solis, Sandra Garza-Cavazos, Adrian Garcia, Rumalda Ruiz, Lori A. Ramos, Albento Anguiano, Erica Cruz, Kristina C. Escobar, Roberto Meave, Daisy Cuevas 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.

12. 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, 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, 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, in connection with information regarding this procurement solicitation, the submission of this RFP, the award of this RFP or the performance, delivery or sale pursuant to this RFP.

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

14. DEVIATIONS AND EXCEPTIONS: All proposals must include a detailed statement of exceptions taken to any part of the request. Any deviations from this procurement solicitation must be noted on the Deviations and Exceptions Form. Deviations or exceptions stipulated in a Vendor’s response will be considered during the contract evaluation where 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 RFP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified. In the absence of any deviation(s) identified and described in accordance with above, Vendor must fully comply with the Terms and Conditions, Proposal Specifications, and all other requirements associated with this bid solicitation.

15. SPECIFICATIONS: are developed by the Region One ESC, to represent items of regularly manufactured products.

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

b. Manufacturer's specifications, when used by the 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,

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

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

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

17. SAMPLES: Samples may be requested, and are to be delivered by the bidder to the attention of the Purchasing Director, 1900 West Schunior St. Street, Edinburg, Texas 78541-2233, or other location designated by the Purchasing Director, for examination of such samples.

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

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

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

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

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

19. RESPONSIBLE VENDOR: A Vendor shall be deemed a responsible Vendor if: 1) adequate financial resources (or the ability to obtain such resources) are attested by initialing the Financial Health and Stability Affidavit; 2) able to comply with the delivery requirements; 3) the firm appears to be qualified, established, and regularly engaged in the type of business that provides the products and/or services herein; and 4) an adequate number of trained personnel are available to ensure the quality and performance and completion of contract within the specified time period; 5) Providing evidence of Financial Health and Stability. Vendors having a history of inconsistent service and unreliability will not be considered by 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 its , under this Agreement. We request records and accounts be retained by Vendor and made available for review and copying by Region One ESC, , 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, , 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, they are required to comply with the record retention requirements detailed in 2 CFR § 200.334.

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

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

d. Any other matters related to this Agreement

23. OPEN RECORDS/PUBLIC INFORMATION: Region One ESC are governmental entities 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, 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, issuing a purchase order. If delivery https://www.ecfr.gov/cgi-bin/text-idx?SID=7b05100d2febb167f693ee380c0e3a55&mc=true&node=sg2.1.200_1333.sg4&rgn=div7 https://www.ecfr.gov/cgi-bin/text-idx?SID=7b05100d2febb167f693ee380c0e3a55&mc=true&node=sg2.1.200_1333.sg4&rgn=div7 cannot be made within the proper time period, the awarded vendor must receive authorization from the issuing Region One ESC department, for the delayed delivery. Region One ESC, 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 ESCmay make the determination, in its sole discretion, to return the good(s) to the vendor at no cost to Region One ESC. 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 for disposition.

26. TITLE AND RISK OF LOSS: Whenever Region One ESC, 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 assume no liability for goods delivered in damage or unacceptable condition. The successful bidder will handle all claims with carriers, and in case of damaged goods, will ship replacement goods immediately upon notification by 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 for the risk of loss until the product is delivered to and accepted by Region One ESC . Freight, delivery, handling and other charges incurred in transporting and delivering products to Region One ESC 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 facility, unless prior approval for after-hours delivery has been obtained from Region One ESC. Key drop deliveries are not allowed without the full approval of the Region One ESC and such request must be identified in the Deviations and Exceptions Form.

29. SHIPMENTS: Vendor shall ship ordered products within seven (7) working days for available goods and within four (4) to six (6) weeks for special-order items after the receipt of the purchase order unless otherwise previously agreed to, in writing, by Region One ESC . If a product cannot be shipped within that timeframe, Vendor shall notify Region One ESC of the reasons why the product has not shipped and shall provide an estimated shipping date, if applicable. Region One ESC, may cancel the order if the estimated shipping time is not acceptable to Region One ESCin 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 . Do not quote shipping dates. Failure to specify the lead-time may result in disqualification from consideration. Unrealistic short or long delivery promises may cause the bid to be disregarded.

31. SHORTAGES: Vendor and/or sales agents acting on the Vendors behalf, shall give 72-hour prior notice to the ordering entity of any anticipated shortages, back orders, and/or out-of-stock items prior to delivery. The Vendor must keep the ordering entity informed at all times on the status of the order.

Default in promised delivery, without acceptable reason, authorizes 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 .

a. 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.

32. 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. Policy CH (Local) requires that all contracts or agreements shall be signed by the Region One ESC Executive Director.

No other personnel are authorized to execute or enter into contracts on behalf of the Region One ESC.

33. 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.

34. PRICING: All prices in Vendor’s proposal should remain firm for the Term of the Agreement. Pricing for all specifications for this bid solicitation shall be submitted electronically at https://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:

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

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

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

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

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

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

g. Proposer shall not include sales tax with any pricing. Region One are exempt from Federal

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

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

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

j. 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.

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

35. DISCOUNTS: Any discounts available to Region One ESC for early payment should be noted in the proposal. Vendor(s) may propose volume discounts or other adjustments to the price for large orders.

Discounts may be considered in determining low proposal.

36. ALTERNATE/ADDITIONAL ITEMS PRICING: Prices for the Alternate and/or Additional items are based upon Region One ESC and its receiving an identified discount from an established price list identified in the procurement solicitation. While established discount or fixed fee remain constant throughout contract term, stock list price or actual vendor cost may vary during contract term.

Prices on this type of contract are based upon an approved price list or other approved method as identified in the procurement solicitation. This type of contract provides for discounts from a current manufacturer's price list. Current price list means the latest price list in effect during the "contract term".

Manufacturer's price list means a price list published in some form by the manufacturer of a product and available to and recognized by the trade. Custom price list means a price list especially prepared for a given procurement solicitation. Region One ESC shall be the sole determinate as to acceptability.

Price reductions shall be offered immediately upon becoming available to a vendor at any time after award.

a. The purpose is to provide Region One the opportunity to consider alternate items not identified in the item specifications.

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

c. Region One ESC may be required to perform their own cost analysis for items purchased.

d. Region One ESC reserves the right to request “Special Pricing” for items identified by

Region One ESC.

e. Items requested as “Special Pricing” will no longer require an additional cost analysis by and shall be considered fixed-price awarded items for the time-period designated in the Addendum.

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

38. PRICE CHANGES: All pricing submitted with Proposal shall be considered firm, except as noted in the Deviations and Exceptions accepted as part of the contract award.

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

i. United States Department of Agriculture (USDA) uses the Food Away from Home, Consumer Price Index (CPI), Table 2 as published by the Bureau of Labor and

Statistics each May to calculate the percentage difference in the index from the prior year in order to adjust the free, reduced-price, and paid meal rates beginning July 1.

Region One ESC reserves the right to restrict any price adjustments to not exceed the annual percentage used by USDA in order to maintain pricing and stability, therefore proportionate increases to program revenue increases provided by USDA.

ii. Furthermore, Region One ESC may also use the Producer Price Index (PPI) as a more accurate index for basing product price escalations and de-escalations. More specifically, the monthly PPI Detailed Report, Table 9: Producer Price Indexes and percent changes for commodity and service groupings and individual items, not seasonally adjusted will be used as the reference guide when approving price adjustments both up and down. (This table begins roughly on page 29 of the monthly report.)

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

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

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

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

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

c. Price changes, and supporting documentation for each item, must be provided to Region One

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

d. Region One ESC will accept or reject proposed price increases after receipt of a properly submitted request from the Vendor, which includes documentation as to the nature of the change substantiated by the CPI and PPI, but not limited to additional consideration of the following indexes: The Food Institute Report, Urner Barry Market Indexes, Federal Market

Order (FMO), and any other relevant commodity price indexes.

e. A description of the measurement device (i.e.- index) and the “trigger” to cause the escalation must be submitted at time of price adjustments.

f. Region One ESC will respond to such requests by: 1) granting the request; 2) reassigning the item(s) to another awarded vendor; 3) rebidding the item(s); 4) taking any other action as deemed necessary.

g. If a properly submitted increase is rejected, the vendor may cancel such items from the contract by giving Region One ESC written notice. Cancellation will not go into effect for thirty

(30) business days after receipt of the written request. Old prices must be honored on orders dated up to the official date of cancellation or contract term, whichever comes first.

h. Vendors are required to immediately implement any industry wide price decreases that become available. Region One must be notified in writing of any decrease.

i. Vendor(s) that adjust prices without prior written consent of Region One ESC will be required to issue credits to each affected Member District until allowable adjustment period and consent is provided.

39. PRODUCT SUBSTITUTIONS: Any and all substitutions require prior written approval by Region One

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

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

b. Any and all substitutions require prior written approval by Region One ESC .

c. Any and all substitutions shall be of equivalent or higher quality to awarded product and provided at the awarded product price unless prior agreement for alternate pricing is approved by Region One ESC.

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

e. If applicable, the product substitution request must be accompanied with CN Label or Nutritional Analysis information, and/or other product information.

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

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