8-26RFP013 Disposable Paper Plastic Products for Food Service.pdf

REQUEST FOR PROPOSALS

26RFP013

Disposable Paper & Plastic Products for Food Service

Date Event

September 19 & 26, 2025 Dates of public notice

October 3, 2025 Questions Due at 5:00 pm CST

October 10, 2025 Questions & Answers Posted

October 17, 2025 RFP Closes - Proposals Due at 2:00 pm CST

October 29, 2025 Tentative Award Notification

Primary Contact:

Jewel Amberger, CTCD, CTCM

Procurement Specialist Phone: 512-414-0258 | Email: jewel.amberger@austinisd.org

Secondary Contact:

Caroline Juarez, CTCD, CTCM Purchasing Coordinator

Phone: 512-414-0266 | Email: caroline.juarez@austinisd.org

To ensure a fair and transparent solicitation process and the integrity of submissions:

● Proposals received after the specified due date and time shall not be considered.

● Proposals must be submitted in the specified format and all Required Forms must be signed and submitted with response.

● Questions/Clarifications regarding this RFP must be submitted in writing, preferably in Bonfire (Euna Solutions), email questions will be accepted by the deadline. Question & Answers and all Addenda will be posted on the AISD Bonfire (Euna Solutions) Portal: https://austinisd.bonfirehub.com/portal/.

mailto:jewel.amberger@austinisd.org mailto:jewel.amberger@austinisd.org https://austinisd.bonfirehub.com/portal/

Austin ISD - Request for Proposals 26RFP013

TABLE OF CONTENTS

1. Checklist and Submissions Guidelines

2. Section I - Introduction

3. Section II - Economic Opportunity Office (EOO)

4. Section III - Proposal Format

i. Preface

ii. Proposal

iii. Required Documents

5. Section IV - Initial Review of Proposals

6. Section V - Competitive Selection/Evaluation

7. Section VI - Scope of Services

a. Term

b. Scope of Services

c. Criminal History/Background Checks

d. Insurance Requirements

e. Award Terms & Conditions

f. Other Terms & Conditions

8. Section VII - Appendices & Attachments

a. Appendices

b. Attachments

CHECKLIST & SUBMISSIONS GUIDELINES

This checklist is provided to help you conform to all form/document requirements stipulated in this solicitation and attached herein. This is not a required form and it is not necessary to return this checklist with your proposal.

I. Understanding the Proposal

Read entire RFP document, appendices and attachments

Review AISD Policy and Provisions (available on the AISD website)

Submit questions properly before deadline

Review addenda, Q&A and other additional attachments

Review Proposal Format section of RFP

II. REQUIRED - Forms to Submit with Proposal

Bid Certification

Notification of Criminal History of Contractor

Debarment, Suspension and Ineligibility Certification

EDGAR Vendor Certification

Strategic Partner Profile

Conflict of Interest Questionnaire (CIQ) - electronic submission only

W-9 with Taxpayer Identification Number and Certification

Attachment F - Disposable Paper & Plastic Products BidTable (BT-49FK)

III. Submitting the Proposal

Prepare the proposal in the format specified and sign all required forms

Submit RFP through the AISD Bonfire (Euna Solutions) Portal no later than the due date and time.

https://www.austinisd.org/cp/forms

SECTION I: INTRODUCTION

The Austin Independent School District (herein after referred to as “AISD” or the “district”) is seeking proposals from firms qualified and experienced in providing various disposable foodservice paper & plastic products for

Food Service to be delivered directly to the central warehouse. The district is utilizing the Request for

Proposals (RFP) method of procurement in accordance with Texas Education Code Section 44.031(3)

Purchasing Contracts, Request for Proposals for services other than construction services.

NOTICE TO BIDDERS

Proposers may make written inquiries through the AISD Bonfire (Euna Solutions) Portal concerning this solicitation to obtain clarification of the proposal requirements. Inquiries shall be submitted no later than the time and date specified on the cover page. Questions received by this deadline, and corresponding answers, will be included in an Addendum. All addenda will be posted in the AISD Bonfire (Euna Solutions) Portal.

Each Bidder, by submitting its proposal, agrees that the proposal is subject to the Austin ISD Policies and

Provisions and agrees to comply with those conditions. Acceptance of a proposal will occur only when a contract is executed. Any contract will incorporate the Austin ISD Policies and Provisions and Standard Terms and Conditions and no commitment exists until a contract is executed by both parties.

Austin ISD is subject to the Texas Public Information Act. All documents submitted as part of Contractor’s

Proposal response will be deemed confidential during the evaluation process, and will not be available for review by anyone other than Austin ISD staff or its designated agents. Following an award of contract or termination of the procurement, Proposals may be subject to release as public information. If a Proposer believes that its Proposal response which it believes are confidential or otherwise exempt. Austin ISD assumes no obligation or responsibility relating to the disclosure or nondisclosure or information submitted by

Proposers.

SECTION II: ECONOMIC OPPORTUNITY OFFICE (EOO)

The Austin ISD EOO Program promotes and strongly encourages the involvement and participation of local businesses in District-wide procurements. According to AISD policies CH (LOCAL) and CV (LOCAL), the EOO

Program guidelines are not applicable for this type of procurement.

SECTION III: PROPOSAL FORMAT

A. Preface: The vendor/contractor shall provide an executive summary of two (2) pages or less, which gives a brief, concise terms, a summation of the proposal. See Attachment B - Vendor Proposal

Template.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.44.htm

B. Proposal: The vendor/contractor’s proposal itself shall be organized in a the following format and informational sequence:

○ Section I - Scope of Services

A description of services and capabilities as outlined in the Scope of Service and

Performance Requirements sections of this RFP, in order shown. Clearly state any exceptions taken to the specification of this RFP, of any conditions of the proposal.

○ Section II - References

References are to be from government agencies and/or firms, which are substantially serviced by the vendor (references most similar to Austin ISD should be provided). See

Attachment C - Reference Check form, have your references complete form and submit with your proposal.

C. Required Forms: Forms are required to be completed and submitted with proposal response. Bidders shall execute the following required forms. Links are provided for the CIQ and the W-9 below. All other forms can be found in the AISD Bonfire (Euna Solutions) Portal for download.

● Bid Certification

● Notification of Criminal History of Contractor

● Debarment, Suspension and Ineligibility Certification

● EDGAR Vendor Certification

● Strategic Partner Profile

● Form W-9 Request for Taxpayer ID Number and Certification

(available at www.irs.gov)

● Conflict of Interest Questionnaire (CIQ). The CIQ is prepared by the Texas Ethics

Commission, in compliance with Chapter 176 of the Texas Local Government Code. The form should be submitted on-line at:

https://www.austinisd.org/cp/ciq-online

The District reserves the right to tender its own contract which shall incorporate the requirements of this RFP and the successful Proposer’s response. A copy of AISD’s Agreement is posted on the AISD website and should not be submitted with proposals.

SECTION IV: INITIAL REVIEW

Any vendor/contractor determined non-responsive or any proposal determined non-responsive will not be evaluated further. The vendor/contractor will be notified of a non-responsive or non-responsive determination.

Responsive: In order for a proposal to be responsive:

● ALL required forms listed above shall be signed and included with proposal;

● Proposal shall be received prior to the RFP opening date;

● Proposal shall respond to the entire scope of service and performance requirements as requested.

http://www.irs.gov https://www.austinisd.org/cp/ciq-online

Responsible: In order for a proposal to be responsible, the vendor/contractor shall be in good financial standing with the Texas Comptroller of Public Accounts.

SECTION V: COMPETITIVE SELECTION/EVALUATION

A. This is a NEGOTIATED procurement and as such, award will not necessarily be made to the offeror submitting the lowest priced proposal. Award will be made to the firm submitting the best responsive proposal satisfying AISD’s requirements, price and other factors considered.

Consistent with state law and district policy, this RFP does not commit the district to award a contract.

The district reserves the right to accept or reject any or all proposals and/or award in whole or in part any proposal if the district determines it is in the best interest of the district to do so.

B. The district anticipates that the evaluation process may include multiple levels of evaluation, for example, but not limited to:

Phase I: Initial review of the proposal by the district’s evaluation team.

Phase II: Interviews and/or presentations of top proposals from Phase I, followed by administrative review of finalist(s) and award recommendation.

Phase I: The evaluation committee will use the table below in the evaluation process.

Points Criteria Detailed Description points

Proposed Plan Adequacy and completeness of the plan offered addressing the Scope of Service (section VI) with exceptions and deviations clearly stated, which includes delivery minimums, delivery lead time, and ability to meet specifications.

points

Contractor’s Capabilities

15 points The demonstrated ability of the Contractor to provide services, which include delivery minimums, lead times, and ability to meet specifications.

15 points District’s past experience with vendor, including references.

points

Financial Proposal For purchase price including long-term cost to the District to acquire the goods or services.

C. The committee evaluating the proposals submitted in the response to this RFP may require any or all contractors to give an oral presentation in order to clarify or elaborate on their proposal as well as to provide a demonstration. Upon completion of oral presentations or discussion, contractors may be requested to revise any or all portions of their proposals and submit a best and final offer (BAFO) for consideration.

D. If the district determines that additional evaluation steps are required to determine the best value between Vendors/Contractors, the district reserves the right to consider any or all of the following additional criteria; the proposed price, vendor/contractor’s experience, references and record for responsibility, or any other relevant factor that the district deems necessary to determine best value.

SECTION VI: SCOPE OF SERVICES AND PERFORMANCE REQUIREMENTS

A. Term

The agreement(s) resulting from this solicitation will be in effect for an initial term of eight (8) months from the date of award or such date established by the agreement, tentatively November 5, 2025 thru

June 30, 2026. The parties by mutual content may renew the agreement for up to two (2) additional one (1) year periods. In addition, the district reserves the right to extend the contract for an additional time beyond the final expiration date if necessary to ensure no lapse in service.

B. Scope of Services

The following describes the service and performance requirements that selected vendor(s) will be required to perform for the Food Service department. Failure to address or to fully describe capabilities to accomplish all elements of this section will result in a loss of evaluation points.

1. Background

AISD Food Service mission is to support the achievement of all students by expanding food access, serving healthy, tasty meals, and providing learning opportunities about nutrition, cultural foodways and the food system. AISD Food Service employs a team of over 600 employees across 114 kitchens serving over 65,000 meals per day.

The District seeks to improve child nutrition by providing quality products, reduce the distance that food travels between producers and students, support labor law compliance along the supply chain, support food production practices that have lower environmental impacts, and support farmers and producers that provide healthy and humane conditions for animals.

The Department participates in the National School Lunch and School Breakfast Program and is required to use related funds, to the maximum extent practicable, to buy domestic commodities for Program meals. A domestic commodity or product is defined as one that is either produced in the US or is processed in the US substantially using agricultural commodities that are produced in the US as provided in 7 CFR 210.21(d).

2. Specifications

Specifications are listed in AISD’s Bonfire (Euna Solutions) Portal, Attachment F - Disposable

Paper & Plastic Products BidTable (BT-49FK). Bidding on all line items is NOT required.

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

For technical support using the platform, access the online knowledge base, search the FAQ, or contact the Bonfire (Euna Solutions) support team at support.bonfire@eunasolutions.com.

3. Delivery

Deliveries shall be made to the Austin ISD Central warehouse located at 3701 Woodbury Drive, Austin, TX 78704. APPOINTMENT REQUIRED. For deliveries to the Central warehouse, an individual PO will be issued for each delivery. To schedule an appointment contact: Chima

Sharp, via email at chima.sharp@austinisd.org, AND Bradley Carr, bradley.carr@austinisd.org, or call (512) 414-6060.

Deliveries will be accepted Monday thru Friday, between 7:00 AM -12:00 PM, and 1:00 PM -

3:00 PM (Central Warehouse is CLOSED 12-1:00 pm). It is at the discretion of the warehouse staff to refuse/reject a delivery if an appointment is not made PRIOR to delivery. The department will not be liable for rejected shipments due to failure to confirm delivery dates and time prior to shipment. The district will not be liable for rejected shipments due to failure to confirm delivery dates and time prior to shipment.

Products must be stacked no more than 53” high and on 48”x 40” standard wood pallets. Do not double stack pallets. Pallets are required to be forward facing (40” side facing front of trailer)

OR readily unloadable on any side using a Chep-style pallet. Items not stacked correctly due to height, load shifts or if products need to be palletized at dock, may be refused. Awarded vendor(s) may be responsible for costs requiring re-stacking and/or re-delivery.

When applicable, awarded vendor(s) shall utilize only properly insulated, mechanical, or thermostatic temperature-controlled refrigeration or freezer equipment for delivery of perishable items. Such equipment must be capable of maintaining a temperature adequate for protection of the product. The district reserves the right to inspect driver temperature logs and any equipment utilized by a carrier. The district reserves the right to reject the use of any equipment utilized by a carrier not found to be in clean, sanitary condition. Awarded vendor(s) must follow HACCP principles in all aspects of storage and delivery. The district reserves the right to inspect Vendor facilities and/or delivery trucks at any time and without prior notice.

Lead time and delivery minimums must be clearly stated in the bid table. Proposals must state the number of calendar days required to place the materials in possession of the district. 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.

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.

Receiving: Warehouse staff will verify the quantity and item(s) delivered. BOL must be included with all deliveries.

4. Pricing Terms

All prices in Vendor’s proposal should remain firm, fixed price for the Term of the Agreement.

Cost plus a percentage of cost quotations are unallowable per Federal guidelines. Proposal price must be submitted on a unit of quantity specified and extended to show total.

In the event of discrepancies in extension, unit price (cost per serving) will govern, when applicable. Under no circumstances will “cost plus percentage cost” method of pricing be permitted under this Agreement, as such is prohibited by USDA regulations. Proposer shall not include sales tax with any pricing. The district is exempt from Federal Excise Tax, State Tax, and

Local Tax. Tax exemption certificates will be furnished upon request.

5. Samples

Samples may be requested and should be submitted at no cost to the district. Sample items from the successful bidder will be retained for the purpose of determining that the quality and workmanship of the delivered items comparable to the sample. The district will request samples directly from respondents if required. Ship sample(s) to district central warehouse: 3701

Woodbury Dr., Austin, TX 78704. If submitting an alternate brand plan to send a sample(s).

6. Substitutions

No substitutions may be made without approval from the Food Service Department or Food

Service designated representative. It is expected that substituted products will be of the same or higher quality and the price shall be equal to or less than the price for the specified items.

The district will not pay a higher price for a substitution.

Vendor and/or sales agents acting on the Vendors behalf shall give 2-weeks prior notice to the

District of any anticipated shortages, back orders, and/or out-of-stock items prior to delivery.

7. Special Services

Marketing support to assist the department and cafes in effective merchandising and education of product(s) provided. In addition, training for Food Service personnel in product handling and storage practices, etc. may be requested as needed.

Throughout the school year, the district will hold multiple samplings at all cafes for student education. The district will request products and pricing a minimum of six weeks prior to sampling.

8. Payment Terms

District’s standard payment terms are Net 30, from the receipt of an accurately submitted invoice to the Food Service Procurement team via email, foodservicesprocurement@austinisd.org. Invoices will only be paid after the goods or services are received, therefore, prepayments in any form are not acceptable.

Email invoice(s)/monthly statement(s) to: foodservicesprocurement@austinisd.org with the following information;

○ Itemized to include a description of each good(s) and/or service(s) rendered.

○ Quantity, unit and price of each item must be shown and reflect the awarded price unless otherwise approved. All prices should be extended to on the invoice.

○ Total all extensions on the invoice.

○ Purchase Order Number

○ Date of delivery

○ Invoice Number

○ Invoice Dollar Amount: Amount must show credits if applicable

○ Vendor Name and Address

Do not include Federal Excise, State or City sales Tax. The district will provide a tax exemption certificate, if required. Each invoice will be verified by the Food Service staff for accuracy. If the invoice does not reflect the physical delivery or agreed upon price the awarded vendor(s) shall provide a revised invoice.

All awarded vendors will be required to register on Payment Works, a third party platform, to be set up in the district’s ERP system.

C. Criminal History/Background Checks

Vendor/Contractor is directly responsible to obtain all required criminal history record information through the Texas Department of Public Safety’s Fingerprint-based Applicant Clearinghouse of Texas

(“FACT”). The cost of the background checks is the responsibility of the Vendor/Contractor.

Vendor/Contractor must ensure that there is no criminal history record that would prevent the

Vendor/Contractor or its employees from working in the District’s facilities. Vendor/Contractor must ensure that national criminal history record certification is filed with the District. Vendor/Contractors mailto:foodservicesaccountspayable@austinisd.org mailto:foodservicesaccountspayable@austinisd.org can only be present at district campuses or may provide online services once the criminal history process (including forms and fingerprinting) has been properly completed and approved. For more information, please refer to AISD District Policy CJA (REGULATION) and CJA (LEGAL).

D. Insurance Requirements

The Contractor shall provide proof and maintain the following insurance coverage applicable to liability which could be incurred in conjunction with its employees providing of services to the district:

The Contractor is required to carry the following insurance coverages:

● General Liability (minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate). This policy should cover injury of a participant and include the following provisions: waiver of subrogation, endorsement to provide Austin ISD as additional insurance, and notice of cancellation.

● Sexual Molestation & Child Abuse (SAM) endorsement of $100,000 minimum (either specifically stated as included as part of General Liability or purchased separately in addition to the General Liability policy).

● Full Malpractice Coverage: professional liability coverage at a minimum limit of $1,000,000 to pay on behalf of the assured all sums which the assured shall become legally obligated to pay as damages by reason of any negligent act, error, or omission arising out of the performance of professional services under a contract. Professionals required to be licensed or registered by the state. Examples: architecture, landscape architecture, land surveying, medicine, nursing, engineer, optometry, real estate appraising.

● Workers’ Compensation: coverage should be consistent with statutory benefits outlined in the Texas Workers Compensation Act Section 401. The minimum policy limits for Employer’s Liability are $500,000 bodily injury each accident, $500,000 bodily injury by disease policy limit, and $500,000 bodily injury by disease each employee. The company’s policy shall apply to the State of Texas and include a waiver of subrogation in favor of Austin ISD.

A current, industry-standard ACORD Certificate of Insurance (COI) for each of the above policies shall be delivered to the AISD before any work is started. Certificates shall be sent to the AISD Contract & Procurement Services office at each change or renewal during the term of the contract.

E. Award Terms & Conditions

1. The District reserves the right to award one or more contracts, in part or in whole, to a single or multiple prospective vendors or proposers. The decision to award multiple contracts, award only one contract, or to make no awards, rests solely with the district.

2. There are multiple steps required for AISD to award and execute agreements issued pursuant to this RFP. Important information and general action steps pertaining to the post-RFP/post-award process is included below.

i. Any agreement resulting from this solicitation is contingent upon the continued availability of appropriations and is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the AISD Board of Trustees or otherwise not made available to the District.

ii. Any agreement issued as a result of this RFP does not guarantee any minimum amount of service or payment. A Master Purchasing/Service Agreement with AISD will not be issued unless requested by campuses and/or the department initiates a request for services. A provider shall not perform services for AISD without a fully executed agreement and the issuance of a Purchase Order.

iii. A provider will be compensated by AISD for services actually performed and satisfactorily rendered in accordance with contract requirements. A sample of AISD’s Master Purchasing/Service Agreement is available on our website for your review only but should not be submitted with your proposal. Appendix 9 is a copy of the Master Purchasing Agreement.

iv. Payment will be made according to the District Comptroller’s published Accounts Payable schedule. Payment is Net 30 days after receipt of accurate and verifiable invoice. Service rates per hour charged should be reasonable and customary. Mileage and travel expenses will not be reimbursed by AISD.

v. The District reserves the right to terminate all or any part of the undelivered portion any order resulting from this solicitation with thirty (30) days written notice; upon default by the vendor, for delay or non-performance by the Vendor, or, if it is deemed in the best interest of the District, for convenience.

vi. Recommended vendors will receive a Notice of Award. If a Service Agreement is issued, the vendor will receive the document via email for electronic signature using the DocuSign routing system. Once complete, vendors will receive a fully-executed copy of the service agreement via email. Non-awarded vendors will receive a “Notice of Non-Award” via email.

vii. Upon approval, vendors will receive a Purchase Order (PO) and this is the notice to proceed to begin services. Under no circumstance should vendors begin to provide services to the district without a valid Purchase Order. AISD is not responsible for payment for unauthorized services rendered in advance of a valid PO being issued.

viii. Conflict of Interest – Employment Restrictions Any person who has been employed as a full-time employee of the District may not perform services for the District for compensation as a vendor or consultant or on behalf of a vendor or consultant for 18 months after the termination of the person’s employment relationship with the District.

This restriction does not apply to former employees who are hired as classroom teachers, campus-based professional employees, or campus principals. AISD Policy DBD

(LOCAL)

F. Management of Contract

The Contract manager, point of contact(s) on the cover page, will monitor and ensure deliveries are in accordance with awarded product submission.

G. Termination of Contract

This Agreement shall remain in effect until (1) the Agreement expires by its terms or (2) the

Agreement is terminated by mutual agreement of the district and Vendor. The district reserves the right to terminate the Agreement immediately in the event the Vendor fails to:

1) Meet schedules, deadlines and/or delivery dates within the time specified in this

Agreement, the procurement solicitation and/or a purchase or work order;

2) Otherwise perform in accordance with this Agreement and/or the procurement solicitation

The district also reserves the right to terminate the Agreement immediately, with written notice to Vendor, the district believes, in its sole discretion, that it is in the best interest of the district to do so. Vendor agrees that the district shall not be liable for damages in the event that the district declares Vendor to be in default or breach of this Agreement and/or the procurement solicitation. Vendor further agrees that upon termination of the Agreement for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or Vendor.

H. Other Terms & Conditions

1. Clarifications

The district may request clarification from Vendor(s) for 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 the Food Service Procurement (the district) and Vendor can also take place after the initial receipt of proposals. The district reserves the right to conduct discussions with all, some or none of the Vendors submitting proposals. The district will not assist the Vendor in the completion, revision or modification of its proposal.

2. Material Change

A material change is defined by the district as a modification that substantially exceeds and/or alters the terms of the original contract. The following anticipated and unanticipated changes are to be considered as well and do not qualify as a material change: 10% upward or downward trend in student enrollment and/or participation to allow flexibility for program growth or decline; unanticipated program and/or regulation changes. New items that did not appear on the original solicitation may be added as long as the contract value does not exceed the 10% material change. If a material change occurs, the contract will not be renewed upon the conclusion of this term.

3. Tax Exempt

The District shall not pay taxes for goods and/or services provided under this Agreement.

Vendor represents and warrants that it shall pay all taxes or similar amounts resulting from this

Agreement, including, without limitation, any federal, state, or local income, sales or excise taxes of Vendor or its employees. The District shall not be liable for any taxes resulting from this

Agreement. Taxes must not be included in the proposal. Tax exemption certificates will be furnished by the district upon request.

4. Compliance with Laws

Vendor(s) shall comply with all federal, state and local laws, statutes, ordinances, rules, and regulations, including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations.

For the entire duration of this contract/agreement, Vendor shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Agreement.

When required or requested by the district, the Vendor shall furnish the district with satisfactory proof of Vendor’s compliance with this provision.+

5. Right to Remedy

If districts have to acquire an alternate like product due to Manufacturer/Vendor inability to provide sufficient quantities to the designated destination (direct ship or distributor) the district has the Right to Remedy by charging the difference of the alternate item to the

Manufacturer/Vendor. Manufacturer/Vendor shall pay each district affected directly for all documented purchases due to Manufacturer’s/Vendor shortages. Exception to this clause is only allowed for Force Majeure and/or other documented circumstances outside of the

Manufacturer/Vendor direct control. The district may seek state guidance on the Right to

Remedy.

6. Force Majeure

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockout, or other industrial disturbances, network failures, energy crisis, fires, transportation contingencies, interruptions in third-party telecommunications or Internet equipment or service, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, arrests, restraint of government and people, civil disturbances, explosions, acts of war, other catastrophes, or any other occurrences which are reasonably beyond such party’s control. The parties to this Agreement are required to use due caution and preventative measures to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking relief under this provision. The party seeking relief due to force majeure is required to promptly notify the other party in writing, citing the details of the force majeure event and relief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have been removed, provided the Agreement has not been terminated.

Delay or failure of performance, by either party to this Agreement, caused solely by a force majeure event, shall be excused for the period of delay caused solely by the force majeure event. Neither party shall have any claim for damages against the other resulting from delays caused solely by force majeure. Notwithstanding any other provision of this Agreement, in the event the Vendor’s performance is delayed or stopped by a force majeure event, the district shall have the option to terminate this Agreement. This section shall not be interpreted as to limit or otherwise modify any of the districts, contractual, legal, or equitable rights.

7. Property In the event of loss, damage, or destruction of any property owned by or loaned by the district, that is caused by Vendor or Vendor’s representative, agent, employee or contractor, Vendor shall indemnify the district, and pay to the district, the full value of or the full cost of repair or replacement of such property, whichever is greater, within thirty (30) days of the Vendor’s receipt of written notice of the district, determination of the amount due. If Vendor fails to make timely payment, the district may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by the district.

8. Indemnification

To the fullest extent authorized by law, the Vendor agrees at all times to defend, indemnify and hold harmless the district, its board of directors, officers, employees, and agents any and all claims for damages or injuries and other losses, liabilities, costs, suits of law or in equity, expenses, attorneys’ fees, fines, penalties, or damages arising from the acts or omissions of Vendor, Vendor’s officials, employees, agents, subcontractors, or volunteers in connection with this Agreement, including, without limitation, those arising from claimed infringement of any patents, trademarks, copyright or other corresponding right(s) which is related to any item vendor is required to deliver. Vendor’s obligations under this clause shall survive acceptance and payment by the district. The district shall not indemnify and hold harmless the Vendor and its agents or employees.

9. Protest

Refer to Policy CH-LOCAL (see Checklist and Submission Guidelines, page 3 – Policy and

Instructions link)

10.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 the District under this Agreement. These records and accounts shall be retained by Vendor and made available for audit by the District, 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 the District of Vendor’s final invoice or claim for payment in connection with this Agreement, whichever is later. If an audit has been announced, Vendor shall retain its records and accounts until such audit has been completed.

11.Deviations and Exceptions

All proposals must include a detailed statement of exception taken to any part of the request.

12.Errors and Omissions

Due care and diligence have been used in the preparation of the specifications and information contained in the solicitation and is believed to be sustainably correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely on the respondent. The district will not be responsible for any errors and omissions in the specifications nor the failure on the part of the

Vendor to determine the full extent of the conditions, requirements and specifications before submitting a proposal. Failure to do so will be at the Vendor’s own risk and Vendor cannot secure relief on the plea of error. Neither law nor regulation make allowance for errors of omission or commission of the part of the Vendor.

SECTION VII: APPENDICES & ATTACHMENTS

Appendix

● Appendix 1 -Purchasing and Acquisition Vendor Disclosures and Contracts (CHE-LOCAL)

● Appendix 2 - Austin ISD Policy and Provisions

Attachments

● Attachment A - Required Forms Combined

● Attachment B - Vendor Proposal Template

● Attachment C - Reference Check Form (Completed by 3 References)

● Attachment D - Other Federal Provisions

● Attachment E - Insurance Guidelines for Non-AISD Entities

● Attachment F - Disposable Paper & Plastic Products BidTable (BT-49FK)