9-RFP 2026-001 Metal Canopies for Tarver Elementary School 1.pdf

Laredo Independent School District

Purchasing Department

2 400 Bernardo Ave, Rm. D327

Laredo,Texas78040

Tel: 956-273-1080

Fax: 956-273-1085

REQUEST FOR COMPETIVE SEALED PROPOSALS

Laredo Independent School District invites you to submit a Proposal for:

Metal Canopies at Katherine F. Tarver Elementary School

REFERENCE NUMBER

RESPONSE MUST BE DELIVERED BY

RESPONSE MUST BE DELIVERED TO

ESTIMATED CONTRACT PERIOD

PRE-PROPOSAL MEETING

QUESTIONS DUE DATE

DISTRICT BUYER IN CHARGE OF

PROPOSAL

PROCUREMENT DIRECTOR

RFC SP #2026-001

March 17, 2026 at 2:30 p.m. Central Standard Time (the "Deadline") (Note: Without exception

- Proposal must be timely submitted in the District's Bonfire Portal or time and date stamped by the Procurement Department. Proper and complete submission of the Respondent's Proposal in the District's Bonfire Portal is at the risk of the Respondent. (Timely physical delivery is at the risk of the respondent.)

Laredo Independent School District Procurement Department 2400 San Bernardo Ave, Third Floor Laredo, Texas 78040

April 17, 2026 to April 16, 2027 with the possibility of extending contract for two additional one-year periods, with the District's option to terminate at the end of each year or other necessary times. Subject to change based on approval timelines by the LISD Board of Trustees and annual evaluation review.

March 3, 2026 LISD Adm. Building, 2400 San Bernardo, Procurement Conference Room, 3rd floor, at 9:00 am.

March 2, 2026

All questions regarding this proposal should be in writing and sent to Gaston Garcia, CTSBS, Procurement Specialist, at ggarcia3@laredoisd.org

Hector M. Mejia

LAREDO INDEPENDENT SCHOOL DISTRICT

RFCSP #2026-001 Metal Canopies at Katherine F. Tarver Elementary School

I. PURPOSE:

The Laredo Independent School District - LISD (herein after referred to as District) is soliciting Request for Competitive Sealed Proposals (hereafter referred to as an “RFCSP”) from responsible vendors who can build metal canopies.

II. BACKGROUND INFORMATION:

The Laredo Independent School District (LISD) was established in 1882. LISD is a district sprawling more than 13 square miles. The Laredo Independent School District is made up of 33 educational institutions: 20 elementary schools, four middle schools, and four high schools including Hector Garcia Early College High School located on the campus of Texas A&M International University, the Lara Academy, our alternative education campus, and the Jose Valdez Non-Traditional High School, and four magnet schools. The four magnet schools are the Vidal M. Treviño School of Communications and Fine Arts, located across the street from Nixon High School, Esther G. Buckley Early College High School, located at Martin High School, and the Sabas Perez School for Engineering and Technology Education, located at Cigarroa High School and the new Business, Industry and Public Service Early College Academy at Nixon High School.

The district has a yearly average student enrollment of 21,000 and over 3,761 employees striving for academic excellence. At LISD, learning is the key to a bright and successful future. By setting high standards, the district plays a crucial role in preparing the students to meet the challenges and demands of today's high-tech and multicultural work place.

SELECTION CRITERIA FOR CONSTRUCTION PROJECTS

REQUEST FOR COMPETITIVE SEALED PROPOSALS

The following criteria and score values will govern and be used by the District to evaluate this RFCSP:

01 Base Price: 60 points 02 Past performance of general contractor (Completing Projects on Time, Quality of Workmanship and References): 20 points 03 Safety (Experience Modification Rate) EMR: 10 points 04 Financial Capability: 10 points

Individual Evaluator Ranking

Each evaluator will rank each proposer based on the number of points awarded.

The proposal with the highest score will be given an overall score of 1, the proposer with the second highest score will be given a score of 2, etc. If more than two proposals are received, each evaluator will rank each proposal in accordance with total amount of points awarded. Rankings will then be tabulated and the District will attempt to negotiate a contract with the proposer with the best overall score based on rank.

III. SUBMISSION/SCOPE SPECIFICATIONS:

Scope of Work for job site are posted on Bonfire title as “Specifications and Instruction to bidders and the Contract Documents for Metal Canopies”.

OTHER INFORMATION

Pre-Bid Meeting Schedule, Questions and Inquiries:

A pre-bid meeting will be held by the District whereby the bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-bid meeting will be the only time when bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address to the assigned Buyer. Location: Katherine F. Tarver Elementary School, 3200 Tilden Ave (Jobsite).

Deviations:

Any changes from the agreed upon site estimate will require advanced written approval of the department representative.

Cleanliness of Work Area:

The Contractor shall keep work areas in a clean and orderly condition at all times to ensure there is no property damage and to prevent complaints. All public streets used by the Contractor in hauling excavated or waste materials shall be kept clean of fallen matter and/or waste material. The neighborhood streets used by the Contractor, subcontractors of the Contractor, suppliers, etc., shall not be unnecessarily blocked, damaged or left with unsightly objects, materials, rubbish, waste or refuse.

Site Clean Up:

All trash, waste, debris, excess, excavated soil and/or materials, etc. shall be removed from the site immediately upon completion of services. Trash includes any material foreign to its location and not intentionally placed there, such as construction material, liquid waste of any kind, bottles, paper, equipment packages/wrappers, etc. The contractor will assure that all scrap materials are picked up at the completion of the installation/repair. Soil surrounding posts is to be smoothed and distributed in an area around post. Rock and concrete pieces are to be removed from site and disposed of properly. Contractor will leave the sites, including driveways, parking lots, and approaches clean and free of debris associated with the project.

Incomplete/Unacceptable Work:

The contractor shall correct any/all incomplete and/or unacceptable work immediately upon notification but no later than twenty-four (24) hours upon receiving notification of unsatisfactory service(s). The contractor shall repair any/all damage caused by services, directly or indirectly, on behalf of the contractor that are the subject of this solicitation. The contractor shall be held responsible for any/all material and/or property damage caused by misuse of equipment, neglect, abuse, and unqualified and/or unlicensed personnel performing services at District facility jobsites/property at any time.

Quality and Workmanship:

The vendor will provide a quality services and finished products that is satisfactory to Laredo Independent School District.

Warranty:

The Materials shall be warranted against defects and workmanship from the manufacturer. Any replacement parts or repairs should come with minimal 1-year warranty.

Documentation of Completed Projects Upon completion of project, the successful vendor will notify the authorized department project manager. The project manager will inspect the property to ensure contract compliance and approve the project for payment.

Note: Please include cost of payment and performance bonds in your base bid form. These bonds will be required for each site as follows:

Projects over $100,000: Both payment and performance bonds are required.

Projects over $25,000 but not exceeding $100,000: Only the payment bond is required.

Projects under $25,000: No bonds are required.

The awarded vendor(s) must submit the required bonds before a purchase order is issued.

Submittal Checklist

RFCSP #2026-001 Metal Canopies at Katherine F. Tarver Elementary School

Listed below are the required documents and information needed to complete your submission. Failure to properly complete and submit any of the required documents may subject your proposal to disqualification.

☐ Submit document titled “Base Bid Form – RFCSP 2026-001” (please obtain document from “Supporting

Documentation” section on Bonfire)

☐ Submit a Bid Bond from a Surety authorized to transact business in the State of Texas, in the amount of no less than five percent (5%) of the Estimated Annual Value (Contract Price), payable without recourse to the order of the Laredo ISD Board of Trustees. Bid Bond must accompany the Proposal in the form of a Surety Bond or a Bank’s Cashier’s check.

Note: No company or personal check(s) will be accepted.

☐ Submit “Reference Information Sheet” with four (4) current references (document in “Supporting Documentation” on Bonfire). Note: References may not be Laredo ISD Employees. Make sure to include current contact information, as District will contact companies and or individuals. Timely responsiveness of references will affect your score. The District also reserves the right to contact any company where Contractor may have performed work.

☐ Submit a one page resume of personnel that will be working on the project. Resumes must indicate the size of the largest project the Superintendent/Project Manager has overseen.

☐ Submit a one-page document, listing the three largest projects completed by the company. The contractor must submit a list/schedule of warranty calls for each project. The list/schedule must name the warranty problem addressed and how long it took to repair. (If no warranty calls were needed on the projects, the vendor must specifically state that no warranty calls were necessary on the project.)

☐ Submit the cover sheet and table of contents of your current safety manual.

☐ Indicate the number of years your company has been in business, number of employees and previous and outstanding litigations the company may have (if any).

☐ Submit your company’s current Experience Modification Rate (EMR). The EMR must be provided by your current insurance carrier, on their letter head, providing worker’s compensation coverage. If the company is not able to acquire an “Experience Modification Rate” (EMR) you can also visit the NCCI website:

https://www.ncci.com/ServiceTools/Pages/ERPRODSVC.aspx or call 800-622- 4123 to obtain one.

☐ Vendor must submit the most recent year-end (Audited or Unaudited) financial statements compiled within the last 12 months (compilation report). These financial statements consist of a Balance Sheet and the Income Statement.

☐ Please submit signed State Certifications on pages 9 – 11. Failure to submit will result in immediate disqualification.

☐ Please submit signed Federal Certifications on pages 12 - 18. Failure to submit will result in immediate disqualification.

Insurance Requirement: No later than 10 business days after contract award, vendor must submit a revised insurance certificate in accordance with #15 Insurance Requirements stated in the General Terms & Conditions of this RFCSP to include the Laredo Independent School District as the certificate holder. Insurance requirements under LISD General Terms & Conditions #15 shall prevail as required coverages.

Estimated Time Schedule:

a. 1st advertisement February 21, 2026;

b. 2nd advertisement February 22, 2026;

c. RFP deadline at March 17, 2026 @ 2:30 p.m. (Central Standard Time);

d. RFP reviewed March 17, through March 26, 2026 (Tentative dates)

e. Evaluation committee recommendation presented at Business and Support Services Committee Meeting April

9, 2029; (Tentative)

f. Recommendation presented for Board approval on April 16, 2026. (Tentative)

Other Information

a. Proposals received via phone, facsimile, email or other medium will not be accepted or considered.

b. Proposals must be timely submitted in the District’s Bonfire Portal or received and date stamped in the

Procurement Department on or before the time and date stated on page 1.

c. The District reserves the right to reject any or all proposals received, waive any or all irregularities, choose the most advantageous price, discount and warranty for each service, and to award a contract only upon availability of funding.

d. This RFCSP is on “all or some” proposal

e. The District reserves the right to award to more than one vendor.

f. Visitor Badges: Vendor must provide all their workers with a company ID, showing company name, and photograph of employee. Company ID shall be worn visibly at all times while on District property

Other Information

a. Addenda. Contractors are required to acknowledge receipt of all addenda issued prior to the RFCSP due date. Failure to acknowledge all addenda in the RFCSP will result in disqualification.

b. Worker Identity Badges. Contractor must provide all construction workers with Laredo ISD identification badges, with photograph, that shall be worn visibly at all times while workers are present on the construction sites.

c. “Criminal Background Checks/Fingerprinting”: Contractor certifies that criminal background checks/searches have been conducted (or will be conducted prior to start of project as required) in accordance with the General Terms and Conditions (#48 Criminal History and Fingerprinting Requirements) and “Instructions to School District Contractors Regarding Criminal History Background Searches Under Texas Education Code (TEC) 22.0834”.

Any Contractor and Subcontractor at his or her own expense, must obtain from the law enforcement clearing house as provided for in Section 411.0845, Government Code, any law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) all criminal history record information that relates to Contractor, an employee or agent of Contractor in accordance with Texas Education Code Section 22.0834 if: (1) the individual has continuing duties related to the contracted services; and (2) the individual has direct contact with students. The review must be completed before services are performed under this Contract.

Additionally, Contractor must obtain certification form all subcontractors, if any that their employees to whom Section 22.0834 applies, have passed the required criminal history background review. Contractor shall certify to District that it has received all of the criminal history record information required by completing Exhibit A to this Contract. District reserves the right pursuant to TEC 22.0834 to obtain from any law enforcement or criminal justice agency all criminal history record information that relates to Contractor or its employees or agents. Amendment: This Contract may be amended or modified only by written agreement of all parties. No Waiver of Immunity: District does not waive or relinquish any immunity or defense on behalf of itself, its Trustees, officers, employees, and agents in conjunction with this. Jurisdiction and Venue: This Contract shall be construed in accordance with the laws of the State of Texas and the parties agree that venue shall be in Webb County, Texas. Indemnification: CONTRACTOR AGREES TO

INDEMNIFY, DEFEND, AND HOLD DISTRICT HARMLESS FROM ANY AND ALL LIABILITIES,

WHICH IT MAY INCUR AS A CONSEQUENCE OF THIS CONTRACT AND FROM ANY AND ALL

CLAIMS AND LOSSES TO ANYONE WHO MAY BE INJURED OR DAMAGED BY REASON OF

CONTRACTOR’S WILLFUL MISCONDUCT OR NEGLIGENT PERFORMANCE OF THIS

CONTRACT. DISTRICT DOES NOT WAIVE ANY OF ITS IMMUNITIES FROM LAWSUIT OR

DAMAGES OR BOTH, AS PROVIDED BY THE TEXAS TORTS CLAIMS ACT, AS A PUBLIC

INSTITUTION, WHETHER GRANTED BY COMMON LAW OR STATUTE AND NOTHING

CONTAINED IN THE CONTRACT OR ANY ACTION REQUIRED OF THE DISTRICT BY THE

CONTRACT SHALL BE INTERPRETED TO BE SUCH A WAIVER. Compliance with Applicable Laws and District Policies: Contractor shall comply with any and all federal, state and local laws,

d. School Operating Hours. For construction purposes, access to school facilities shall be limited during the school’s normal working hours barring any after school special events. Normal hours are defined as the time when there is custodial staff on site. The Contractor shall ask for accommodations to work during normal working hours at the proposed sites. Normal working hours are from 8:00 am to 5:00 pm.

e. After Hours Access. Any requirement by the Contractor to enter areas of the school after normal operating hours shall be approved in advance by Laredo ISD and the Compliance Coordinator and shall be coordinated through the school principal’s office since it will require Laredo ISD school staff to be present to unlock doors, provide access to mechanical and equipment rooms, etc. Note: It is the intent of the District for all work to be completed after hours (5:00 pm) during the work week or weekends or weekends to minimize disruption to instruction. The contractor my also perform work during extended school holidays.

f. Holidays, Summer and Winter Break Operations. Current Laredo ISD School Calendar is available on the Laredo ISD website with a listing of all the holidays and breaks. The contractor will have to plan construction work accordingly. Any requirement by the Contractor to enter areas of the school during holidays shall follow the instructions above on items i and j.

g. Liquidated Damages. Time is of essence in all phases of the proposed work identified in the specifications and schedules of RFCSP #2026-001. It is especially understood and agreed by and between Laredo ISD and Contractor that time is of the essence in the substantial completion of the Project. At the sole discretion of the District, liquidated damages will be assessed for each calendar day beyond the Contractor completion timeline at the rate of $250.00 per day and will be deducted from any money due the Contractor, not as a penalty, but as liquidated damages.

h. Delivery of Materials and Equipment to Contractor. The Contractor shall issue instructions that deliveries for this project shall be made to the Contractor and not through the School’s office or personnel. Deliveries should be made when there is no impact to student arrival or departure from school or school activities.

i. Site Visit and Familiarization. Before submitting a bid, it will be necessary for each Contractor to visit the site and confirm the conditions to be met therein in completing the project making due provision for such in submitted bid. It will be assumed that Contractor submitting bid has visited the premises and that submitted bid covers all work necessary to properly complete project. Failure on the part of the Contractor to comply with this requirement shall not be considered justification for incomplete or faulty work performance covered by these specifications, schedules and drawings. It is highly recommended that the each Contractor, through Division of Operation’s schedule, visit the proposed sites and familiarize themselves with the existing conditions of proposed work site, etc.

j. Test and Inspection Log. Contractor shall prepare and maintain a record of test and inspections. Including the following:

1. Date tests or inspections were conducted.

2. Description of the work tested or inspected.

3. Date tests or inspection results were transmitted to the Engineer of record.

4. Identification of testing agencies or special inspectors conducting tests or inspections.

5. Maintain log at project site. Post changes and modifications as they occur. Provide access to rest and inspection logs to Engineers and District Construction Manager.

k. Safety of Children While School is Under Construction. The aim of Project Managers, Contractors and Subcontractors of any tier is to carry out their work activities in a safe and efficient manner and timely manner. Construction work areas shall be kept segregated from school operations, staff and students at all times. Separation may include, but is not limited to fencing, privacy fencing and bulkheads. Always maintain good housekeeping. Do not leave scraps of material on floors in occupied areas. Pile up on the side or away from corridors and remove before end of day.

l. Cranes and Crane Safety. The Contractor shall ensure that its subcontractors meet the requirements set forth by ASME B30.5.2011, OSHA 29 CFR Subpart CC. All Rigging work shall be done by a qualified rigger only. Note: Booms and/or suspended loads shall not be allowed to pass over playgrounds or other school property when student and/or staff are present in these areas.

m. Submittal of RFCSP 2026-001 Base Bid Form. The bid form must include any and all costs associated with the completion of the project. This should cover:

1. Insurance Requirements: As specified in the General Conditions, page 5.

2. Payment and Performance Bonds: As specified in the General Conditions, page 6.

3. Room and Board: If applicable

4. Travel Expenses: Including cost for Personnel and transportation

5. Rental of Specialized Equipment: his may include cranes, specialized lift-gate trucks, tractors, or any other type of specialized heavy-duty equipment.

6. Supplies or Materials: Any items necessary for the completion of the project.

7. Any other fees associated with this project.

Given that respondents to this RFCSP may be located outside of Laredo, Texas, all additional costs must be included in the price submitted. Supporting documents for these costs may also be required.

n. The District reserves the right to reject any or all Proposals received, waive any or all irregularities, choose the most advantageous price, discount and warranty for each service, and to award a contract only upon availability of funding.

State Certifications Entities That Boycott Israel (Texas Government Code §2271.002) Vendor herby certifies that (1) it does not, and shall not for the duration of the contract, boycott Israel or (2) the verification required by Section 2271.002 of the Texas Government Code does not apply to the contract. This section applies only to a contract that: (a) is between a governmental entity and a company with ten (10) or more full-time employees; and (b) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. The term “Boycott Israel” means refusing to deal with, terminating business activities or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. If circumstances relevant to this provision change during the course of the agreement, Vendor shall promptly notify Laredo ISD.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Foreign Terrorist Organizations (Texas Government Code §2252.152) Vendor herby certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, the government of Iran, the government of Sudan, or a foreign organization designated as a foreign terrorist organization by the U.S. Secretary of State, see Texas Government Code Section 2252.152-2252.154. For contracts related to critical infrastructure in Texas, contractor herby certifies that it is not owned or controlled by individuals, any company, or headquartered in China, Iran, North Korea, Russia, or a designated country, even if publicly traded, in accordance with the Texas Government Code, Chapter 2274.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Prohibited Employment Assistance (Chf Legal) 20 Usc 7926 Vendor certifies and agrees that it shall not assist an employee, contractor, or agent of Laredo ISD 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 violates this prohibition.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Prohibition on Contracts with Companies Boycotting Certain Energy Companies (SB 13) Vendor herby certifies and agrees by submitting its proposal that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Prohibition on Contracts with Companies That Discriminate Against Firearm and Ammunition Industries (SB 19) Vendor herby certifies and agrees by submitting its proposal that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms (Historically Underutilized Business or HUB) 2 CFR 200.321 Necessary affirmative steps to procure from minority firms, women’s business enterprises, and labor surplus area firms whenever possible Required inclusion in solicitations/contracts using federal funds; requires contractors to encourage and facilitate participation by small businesses, minority-owned firms, and women’s business enterprises whenever to the maximum extent possible.

Preference Points to Encourage Participation of Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms CEs may include the following preference points in the evaluation to promote small, minority, and women’s businesses and labor surplus forms.

− Placing qualified small and minority businesses and women’s business enterprises on solicitation lists. − Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.

− Dividing specifications and/or technical requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises.

− Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.

− Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

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 exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFRpart 1986 Comp., p. 189) and 12689 (3 CFRpart 1989 Comp., p.235), “Debarment and Suspension.”

SAM Exclusions contains the name 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.

Pursuant to federal Rule (H) above, when federal funds are expended by Laredo ISD, Vendors certifies that during the term of an award for all contracts by Laredo ISD resulting from procurement process, Vendor certifies ineligible, or voluntarily excluded from participation by any federal department or agency.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

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, Agreement Form The Proposer confirms they have reviewed and understand all regulations and requirements outlined in the document. By placing their initials in the below field and completing signature panel, the proposer certifies agreement with all set forth in this document.

Name of Regulation Initials of Authorized Company Officials

Entities That Boycott Israel (Texas Government Code §2271.002)

Foreign Terrorist Organizations (Texas Government Code §2252.152)

Prohibited Employment Assistance (Chf Legal) 20 Usc 7926

Prohibition On Contracts With Companies Boycotting Certain Energy Companies (SB 13)

Prohibition On Contracts With Companies That Discriminate Against Firearm And Ammunition Industries (SB 19)

Small And Minority Firms, Women’s Business Enterprise, And Labor Surplus Area Firms (Historically Underutilized Business Or

HUB)

Antitrust Certification Statement

Company Name: _______________________________________________________________________

Company Address: _____________________________________________________________________

Authorized Company Official (Please Print) __________________________________________________

Authorized Company Official: _____________________________________________________________ (Signature – Digital Accepted)

Date Signed: _____________________________________________________________

Federal Certifications Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined 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.

Pursuant to Federal Rule (A) above, when Laredo ISD expends federal funds, Laredo ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be affected and the basis for settlement. (All contracts in excess of$10,000)

Pursuant to Federal Rule (B) above, when Laredo ISD expends federal funds, Laredo ISD reserves the right to immediately terminate any agreement in excess of$10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to:(1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Laredo ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Laredo ISD believes, in its sole discretion that it is in the best interest of Laredo ISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by Laredo ISD as of the termination date if the contract is terminated for convenience of Laredo ISD. Any award under this procurement process is not exclusive and Laredo ISD reserves the right to purchase goods and services from other vendors when it is in Laredo ISD's best interest.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Certification Of Compliance With Buy American Provision Vendor certifies that vendor is in compliance with all applicable provisions of the Buy American Act. The Buy American Provision requires school food authorities to schools to purchase, to the maximum extent practicable, domestic commodities or products. For a product to meet the Buy American requirement, over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically, and processed domestically. Unprocessed foods must be 100% domestic. See 7 CFR § 210.21(d), and USDA-FNS memo SP 38-2017 Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program. The Buy American provision applies to all purchases made with School Nutrition Program (SNP) funds. Purchases made in accordance with the Buy American Provision must still follow the applicable procurement rules calling for full and open competition.

Byrd, Anti-Lobbying Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has 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 in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Laredo ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by Laredo ISD, resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C.

1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. Page 41 of 45

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions:

https://www.gsa.gov/Forms/TrackForm/33144

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal Funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Certification of Compliance With Epa Regulations Applicable To Grants, Subgrants, Cooperative Agreements, And Contracts In Excess Of $100,000 Of Federal Funds When federal funds are expended by Laredo ISD for any contract resulting from this procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFRPart 15.

Certification of Non-Collusion Statement Vendor certifies under penalty of perjury that its response to the procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation, or other business or legal entity.

YES ____ Initials of Authorized Representative of Vendor

Certification of Access To Records - 2 C.F.R. § 200.336 Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents.

Does Vendor agree?

YES ____ Initials of Authorized Representative of Vendor

Certification of Compliance with Never Contract with The Enemy -2 C.F.R. § 200.215 Federal awarding agencies and recipients are subject to the regulations implementing Never Contract with the Enemy in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

Does Vendor agree YES ___ Initials of Authorized Representative of Vendor

Certification of Applicability to Subcontractors Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

YES ____ Initials of Authorized Representative of Vendor Civil Rights/Discrimination Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil

Rights Compliance and Enforcement – Nutrition Programs and Activities.

Required inclusion in solicitations/contracts using federal funds; prohibits discrimination of all eligible program participants on the basis of age, color, disability, national origin, race, and sex.

Clean Air and Water Act and Federal Water Pollution Control Act Clean Water Act, 42 U.S.C. 7401-7671q; Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387); and Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15) Required inclusion when applicable to the services and/or products to be procured for solicitations/contracts exceeding $150,000 using federal funds; requires compliance with all applicable standards, orders, and regulations; prohibits the award of contracts to contractors that are in violation of Clean Air Act. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Does Vendor agree? YES ___ Initials of Authorized Representative of Vendor

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 hat involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when federal funds are expended by Laredo ISD, the vendor certifies that during the term of an award for all contracts by Laredo ISD resulting from this procurement process, the vendor

Does Vendor agree? YES ___ Initials of Authorized Representative of Vendor

Davis-Bacon Act As amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by Laredo ISD during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.

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 exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFRpart 1986 Comp., p. 189) and 12689 (3 CFRpart 1989 Comp., p.235), “Debarment and Suspension.”

SAM Exclusions contains the name 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.

Pursuant to federal Rule (H) above, when federal funds are expended by Laredo ISD, Vendors certifies that during the term of an award for all contracts by Laredo ISD resulting from procurement process, Vendor certifies ineligible, or voluntarily excluded from participation by any federal department or agency.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Energy Policy and Conservation Act Public Law 94-163, 89 Statute 871 Required inclusion when applicable to the services and/or products to be procured for solicitations/contracts using federal funds; establishes standards for the promotion of energy and water conservation methods when feasibly obtainable.

Equal Employment Opportunity 41 CFR, Chapter 60. Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60)

Required inclusion in construction solicitations/contracts using federal funds; prohibits hiring practices that do not provide an equal opportunity of all persons without regard to race, color, religion, sex, or national origin.

Does Vendor agree? YES ____ Initials of Authorized Representative of Vendor

Health and Safety Certifications, Licensing, or Regulations Local, state, or federal health and safety certifications, licensing, or regulations Required inclusion in solicitations/contracts using federal fund; requires all contractors to meet applicable local, state, and federal health and safety certifications, licensing, or regulations which include, but are not limited, to facility use, food establishment, and authorized providers.

Procurement of Recovered Materials When federal funds are expended, Laredo ISD 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: (1) 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; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to Federal Rule

(J) above, when federal funds are expended by Laredo ISD as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the vendor certifies, by signing this document, that the percentage of recovered material content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

Does Vendor agree? YES ____ Initials of Authorized Representative of

Prohibition on certain telecommunications and video surveillance services or equipment:

Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities): (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities)

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance aud telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (t), paragraph (I), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

Does Vendor Agree? YES ___ Initials of Authorized Representative of Vendor

RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS

When federal funds are expended by Laredo ISD for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334-200.338.