ESBD_369206_1721829225099_RFP 25-022 POS Stations and Pin Pads.pdf

25-022

Point-of-Sale Stations and Pin Pads

Issue Date: 7/22/2024

Questions Deadline: 8/2/2024 12:00 PM (CT)

Response Deadline: 8/8/2024 03:00 PM (CT)

Contact Information

Contact: Kelley Lewis Executive Director Address: Procurement Services

7060 Camp Bowie Blvd Fort Worth, TX 76116

Phone: (817) 814-2200 Email: kelley.lewis@fwisd.org

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 1 of 17 pages

Event Information

Number: 25-022 Title: Point-of-Sale Stations and Pin Pads Type: Request For Proposal Issue Date: 7/22/2024 Question Deadline: 8/2/2024 12:00 PM (CT) Response Deadline: 8/8/2024 03:00 PM (CT) Notes: The Fort Worth Independent School District is accepting responses from qualified vendors for the purchase of point-of-sale stations and pin pads with scanners for the Child Nutrition Services Department at various campus locations.

All purchase orders dated and issued as a result of the award of this solicitation will be subject to the terms and conditions of this solicitation. Do not provide any goods or services without a bona-fide purchase order signed by the Executive Director of Procurement Services.

Bid Activities

Legal Notice 7/24/2024

Notice is hereby given that the Fort Worth Independent School District, acting by and through its Governing Board, will receive Request for Proposal responses for Point-of-Sale Stations and Pin Pads (RFP No. 25-022) until 3:00 p.m., Thursday, August 8, 2024, in the Procurement Services Department. The Request for Proposal may be obtained at https://fwisd.ionwave.net/CurrentSourcingEvents.aspx . The Fort Worth Independent School District reserves the right to accept or reject any and all responses and to waive any irregularities, technicalities, or informalities in any solicitation or in the solicitation process.

Run: Wednesday, July 24, 2024, and Wednesday, July 31, 2024

Legal Notice 7/31/2024

Notice is hereby given that the Fort Worth Independent School District, acting by and through its Governing Board, will receive Request for Proposal responses for Point-of-Sale Stations and Pin Pads (RFP No. 25-022) until 3:00 p.m., Thursday, August 8, 2024, in the Procurement Services Department. The Request for Proposal may be obtained at https://fwisd.ionwave.net/CurrentSourcingEvents.aspx . The Fort Worth Independent School District reserves the right to accept or reject any and all responses and to waive any irregularities, technicalities, or informalities in any solicitation or in the solicitation process.

Run: Wednesday, July 24, 2024, and Wednesday, July 31, 2024

Bid Attachments

General Solicitation Terms and Conditions 2023 v2.pdf View Online

General Terms and Conditions

Bid Attributes

1 INTRODUCTION

The Fort Worth Independent School District is accepting responses for point-of-sale stations and pin pads with scanners for the Child Nutrition Services Department at various campuses. This is anticipated to be a one-time purchase to provide updated point-of-sale needs for the department.

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 2 of 17 pages https://fwisd.ionwave.net//VendorLanding.aspx?eq=$Tj_!P919)Zhtnlo2$D$E)D)B!W!V(U_s$U(F$Z4r$A$Hk!Y6jvr1f1$G)Yh$T$P(Kx9!U)K(Y$P$O6i81!K(R9h(S17!G)E3_jsfv!X(Io_h5!Se)E3s)J1w8(Ou$U!F$W80(Q6t2!T!A$Ep$F!F8n5u!Z3$Xj$Co(Cx!Oeg

2 TERM OF CONTRACT

The awarded supplier will enter into a contract with the District for the purchase of point-of-sale stations and pin pads as listed. The anticipated date of award is August 28, 2024.

3 DISTRICT INFORMATION

The Fort Worth Independent School District is an urban public-school district located in north-central Texas with boundaries that encompass approximately 209 square miles. FWISD enjoys a diverse student population and strong community partnerships and educates over 72,000 students in grades Pre-K through 12 and employs approximately 10,000 staff. The District has 140 campuses that include 78 elementary schools, 26 middle schools, 19 high schools, and 15 alternative schools. Other facilities include service centers, warehouses, maintenance facility, child nutrition services (warehouse and office buildings), athletic complexes, transportation sites (lots and offices), safety and security building and a central administration building. Please see more about our District at Fort Worth ISD

4 GENERAL TERMS AND CONDITIONS FOR SOLICITATIONS AND CONTRACTS

The ATTACHED General Terms and Conditions for the purchase of good and services are issued according to the laws, regulations, rules, and policies set by the Texas Education Code, Chapter 44, the Texas Education Agency, and the Fort Worth Independent School District. Suppliers are advised to read and understand the General Terms and Conditions prior to responding to a District solicitation. Any exceptions to or failure to follow these General Terms and Conditions, unless otherwise indicated in the solicitation, may be cause for a supplier’s response to be deemed non-responsive and disqualified by the District. These terms may be amended as determined to be in the best interest of the District.

Unless otherwise directed within the solicitation, any exceptions to or failure to follow these General Terms and Conditions may be cause for a supplier's response to be deemed non-responsive and disqualified by the District. These General Terms and Conditions will take precedence over the terms and conditions within the solicitation when they are in conflict unless specific exception is noted within the solicitation.

ACKNOWLEDGED AND UNDERSTOOD

(Required: Check if applicable)

5 QUESTIONS AND CLARIFICATIONS

All requests for additional information or clarification concerning this solicitation must be submitted through the District's e-Procurement System under the Questions tab.

Requests for addition information or clarifications shall be complete, including pertinent information. Requests that are delinquent, not valid for this solicitation, or previously addressed will not be entertained or answered.

All issued answers and addenda will become part of the solicitation package having the same binding effect as provisions of the original documents. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING.

Agreed (Required: Check if applicable)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 3 of 17 pages https://www.fwisd.org/

6 EVALUATION CRITERIA

The contract will be awarded to the respondent(s) whose submittal is most advantageous to the District, considering the relative importance of price and all other evaluation criteria included in the solicitation. Award will not necessarily be made to the respondent submitting the lowest offer. Solicitations will be evaluated and awarded using the best value method as defined in Texas Education Code 44.031. In determining best value the District shall consider the following factors:

45 Points - Purchase Price 10 Points - Reputation 20 Points - Quality 20 Points - Meets District Needs 05 Points - Past Performance 00 Points - HUB Status 00 Points - Long-Term Cost 00 Points - Parent Company/Majority Owner in TX 00 Points - Other Relevant Factors

7 W-9

The solicitation requires the supplier to have current W-9 information on file. Check the supplier portal to verify the W-9 information on file is current.

VERIFIED

(Required: Check if applicable)

8 DEVIATIONS

Any deviations or exceptions from this solicitation, in its entirety, must be disclosed by the respondent and included in the response submittal. The District, at its discretion, reserves the right to accept, reject, or negotiate any deviations or exceptions submitted to ensure the best value to the District. If none, respond with "No Deviations." If additional space is needed, respond with "See Attached", documentation must be attached under the Response Attachments tab of the solicitation.

(Optional: Maximum 4000 characters allowed)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 4 of 17 pages

9 OPEN RECORDS

The District is a governmental body subject to the Texas Public Information Act. Responses submitted to this solicitation may be subject to release as public information after contracts are executed or the procurement is terminated. If a respondent believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the respondent must specify page-by-page and line-by-line the parts of the response which it believes are exempt. In addition, the respondent must specify which exception(s) to the Texas Public Information Act are applicable and provide detailed reasons to substantiate the exception(s). Vague or general claims to confidentiality will not be accepted. The District assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted.

If there are no claims to confidentiality, respond with "No Claims to Confidentiality." If additional space is needed, respond with "See Attached", documentation must be attached under the Response Attachments tab of the solicitation.

NON-COLLUSION STATEMENT

By submitting a response, the supplier certifies and represents to the District that:

a) This response has been arrived at independently and prepared without consultation, communication, or agreement with any other supplier, and that the contents of this response have not been communicated by the supplier, or supplier agent, to any other supplier engaged in this type of business prior to the submission deadline for the purpose of restricting competition.

b) No attempt has been made or will be made to induce any firm or person to refrain from responding to this solicitation, or to submit an amount higher than this response, or to submit any intentionally high or noncompetitive response or other form of complementary response.

c) This response is not the result of, or affected by an unlawful act of, collusion with another company engaged in the same line of business or commerce, or any act of fraud punishable under current local, state, and/or federal ordinances, statutes, regulations, and/or policies. Furthermore, it is understood that fraud and unlawful collusion are crimes under federal law and can result in fines, prison sentences, and civil damage awards.

d) Respondent, affiliates, subsidiaries, officers, directors, and employees are not under investigation by any governmental agency and have not in the last three (3) years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

I CERTIFY

(Required: Check if applicable)

CRIMINAL BACKGROUND CERTIFICATION

Texas Education Code Chapter 22 requires service contractors to obtain criminal history record information regarding covered employees and to certify to the District that they have done so. Covered employees with disqualifying convictions are prohibited from serving a school district. By submitting a solicitation response, the respondent certifies and represents to the District assurance that the requirements, if applicable, for SB 9 will be strictly followed.

I CERTIFY

(Required: Check if applicable)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 5 of 17 pages

FELONY CONVICTION CERTIFICATION

State of Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”

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

By submitting a response, the respondent certifies and represents to the District that the information concerning notification of felony convictions has been reviewed and the information furnished is true to the best of respondent's knowledge.

*If YES - Owner/Operator has been convicted is selected, respondent must provide the Name of the Felon and Details of Conviction for each person and each incident. This documentation must be attached under the Response Attachments tab of the solicitation.

N/A - Publicly Held Corporation NO - Owner/Operator has NOT been convicted

YES - Owner/Operator has been convicted* (Required: Check only one)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 6 of 17 pages

FOREIGN TERRORIST ORGANIZATIONS / BOYCOTT ISRAEL / BOYCOTT ENERGY COMPANIES /

DISCRIMINATION AGAINST FIREARM INDUSTRY / CRITICAL INFRASTRUCTURE

Foreign Terrorist Organization. In accordance with State of Texas Statutes, the District is prohibited from entering into a contract with a company identified on the Divestment Statute List, a list prepared and maintained by the Texas Comptroller, as a company that conducts business with countries that support Designated Foreign Terrorist Organizations. By submitting a response to this solicitation, respondent is certifying that it is not a listed company.

Respondent hereby voluntarily and knowingly acknowledges and agrees that any contract entered into as a result of this solicitation shall be null and void should facts arise leading the District to believe that the respondent was a listed company at the time of this solicitation. Respondent further certifies, that should the company enter into a contract with a company conducting business with a Foreign Terrorist Organization, the respondent will immediately notify the District.

Boycott Israel. Pursuant to Chapter 2271 of the Texas Government Code, the respondent certifies and verifies that neither the supplier nor any affiliate, subsidiary, or parent company boycotts Israel. Respondent agrees that the supplier, or any affiliated company, will not boycott Israel during the term of any awarded contract. The term "boycott" is defined as refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations 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.

Boycott Energy Companies. Pursuant to Texas Government Code, if respondent is a company with ten (10) or more full-time employees, and the contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the respondent certifies that is does not boycott energy companies and will not boycott energy companies during the term of the contract.

Discrimination Against Firearm Industry. Pursuant to Chapter 2274 of the Texas Government Code, if respondent is a company with at least ten (10) full-time employees and this contract has value of at least $100,000 that is paid wholly or partly from public funds, respondent certifies that 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.

Critical Infrastructure. Pursuant to Texas Government Code Section 2274.0102 ("Section 2274.0102"), which prohibits a governmental entity from entering into a contract or other agreement relating to critical infrastructure in Texas with a company that is: (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by: (i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country;

or (ii) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (2) headquartered in China, Iran, North Korea, Russia, or a designated country. The respondent will represent and warrant that it is not a company identified in Section 2274.0102, and that it is eligible to enter into contracts or other agreements with the District. The Vendor acknowledges that the District may terminate this contract immediately and pursue any other available legal remedies if it is found that respondent is not in compliance with this provision or if respondent has made a false representation or warranty with respect to its eligibility to enter into contracts or other agreements relating to critical infrastructure in Texas. Furthermore, the respondent agrees to indemnify and hold the District harmless from any and all claims, demands, suits, or other actions arising out of or in connection with respondent’s failure to comply with Section 2274.0102.

I CERTIFY

(Required: Check if applicable)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 7 of 17 pages

CONFLICT OF INTEREST

The District is required to comply with Texas Local Government Code Chapter 176, and Disclosure of Certain Relationships with a local government entity. Any company seeking to do business with the District must fill out a Conflict of Interest Questionnaire (CIQ) if a conflict of interest exists. A conflict of interest exists in the following situations:

a) Has an employment or other business relationship with the local government officer of that local governmental entity, or a family member of the officer, resulting in the officer or family member receiving taxable income, and/or

b) Has given one of the District’s local government officer or family member one or more gifts (excluding food as a guest) that has an aggregate value of more than $100 in the twelve-month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the District.

(Conflict of Interest Questionnaire is available by following this link - Texas Ethics Commission CIQ)

NO - No conflict of Interest Exists YES - Yes, the CIQ Form is attached (Required: Check only one)

NON-DISCRIMINATION

The respondent certifies that it is an equal opportunity employer. It conducts all business activities, including hiring, without regard to age, race, color, sex, disability, marital status, national origin, citizenship status, or other legally protected categories

I CERTIFY

(Required: Check if applicable)

INTERLOCAL COOPERATION WITH OTHER SCHOOL DISTRICTS

As governed by the Texas Education Code, and unless otherwise indicated in this solicitation, any resulting contract of this solicitation shall be made available to any State of Texas governmental jurisdiction wishing to adopt the terms and conditions set forth within the contract with the exception of any requirements directly related to the District and is own operations. In support of this collaborative effort, all awards made by Fort Worth Independent School District may be adopted by other active member districts.

By adopting a contract from another member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district.

To assist an adopting member district, due diligence documentation owned by the District may be shared without prior consent of the awarded supplier, unless otherwise clearly annotated by the respondent that such sharing is not to occur without permission.

The adopting district shall be responsible for the management of the new contract and all payments to the contracted supplier. The originating district shall have no responsibilities under the new contract agreement. If a member district chooses to utilize this solicitation and subsequent contract, contracts will be awarded individually by those districts.

YES -CENTRAL TEXAS PURCHASING ALLIANCE

YES - EDUCATIONAL PURCHASING COOP OF NORTH TEXAS

DO NOT AGREE

(Required: Check all that apply)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 8 of 17 pages https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

ADDITIONAL AGREEMENTS / ATTACHMENTS

Any additional agreements, contracts, and warranties to be reviewed by the District must be included with the solicitation response. The contract documents are intended by the supplier and the District to reach a final, complete, and exclusive statement of the terms of the agreement. Any attached documents should be prepared for review. Standard supplier agreements are rarely accepted. No prior arrangements, oral agreements, or other factors shall be relevant to supplement or explain any terms, conditions, or specifications.

Additional agreements, contracts, and warranties should be attached in the Response Attachments section of the solicitation.

REFERENCE #1

The respondent is to submit references that have contracted with their company to provide like goods or services. It is preferred that the respondent provide references of school districts or other government organizations comparable to the District in size, structure, and needs. Use the space to provide the Organization's Name, Organization's Address, Organization's Phone Number, Organization's Contact Name, and Organization's Contact Email.

REFERENCE #2

The respondent is to submit references that have contracted with their company to provide like goods or services. It is preferred that the respondent provide references of school districts or other government organizations comparable to the District in size, structure, and needs. Use the space to provide the Organization's Name, Organization's Address, Organization's Phone Number, Organization's Contact Name, and Organization's Contact

REFERENCE #3

The respondent is to submit references that have contracted with their company to provide like goods or services. It is preferred that the respondent provide references of school districts or other government organizations comparable to the District in size, structure, and needs. Use the space to provide the Organization's Name, Organization's Address, Organization's Phone Number, Organization's Contact Name, and Organization's Contact

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 9 of 17 pages

AWARD OF CONTRACT

Contracts for purchase will be put into effect by means of a purchase order(s) authorized by the Procurement Services Department after award or by means of a written contract and a purchase order, in such instances where applicable. It is the supplier's risk if any orders are placed prior to a District issued Purchase Order.

Agreed (Required: Check if applicable)

2 CODE OF FEDERAL REGULATION (CFR) PART 200

This solicitation is issued in accordance with Title 2 of the Code of Federal Regulations (2CFR) Part 200, United States Department of Agriculture (USDA), and Texas Department of Agriculture (TDA) requirements to procure goods and services purchased by the District using Child Nutrition Funding. This solicitation may be used to purchase with local, state, federal, and grant-funded programs.

The following certifications and provisions are required and apply when the District expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R. 200.326, all contracts, including small purchases, awarded by the District and the District's subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. In addition to other provisions required by the Federal agency or non- Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

VIOLATION OR BREACH OF CONTRACT TERMS

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.

Agreed Not Applicable (less than $250K) (Required: Check only one)

TERMINATION FOR CAUSE OR CONVENIENCE

All Federal contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. The District 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 supplier in the event supplier 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.

The District also reserves the right to terminate the contract immediately, with written notice to supplier, for convenience, if the District believes, in its sole discretion that it is in the best interest of the District to do so.

Supplier will be compensated for work performed and accepted, and goods accepted by the District as of the termination date if the contract is terminated for convenience of the District. Any award under this procurement process is not exclusive and the District reserves the right to purchase goods and services from other suppliers when it is in the District’s best interest.

Agreed Not Applicable (less than $10K) (Required: Check only one)

EQUAL EMPLOYMENT OPPORTUNITY

Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Agreed Not Applicable (non-construction) (Required: Check only one)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 10 of 17 pages https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200

DAVIS-BACON ACT / COPELAND ANTI-KICKBACK

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.

Agreed Not Applicable (non-construction) (Optional: Check only one)

CONTRACT WORK HOURS AND SAFETY STANDARDS

Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that 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.

Agreed Not Applicable (less than $100K/non-labor) (Required: Check only one)

RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT

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

Agreed Not Applicable (non-invention related) (Required: Check only one)

CLEAN AIR AND WATER ACT

Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251– 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Agreed Not Applicable (less than $150K)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 11 of 17 pages

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 governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

A contract award must not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines. The Excluded Parties List in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. Prior to award, the District will verify that the supplier is not currently listed as debarred by the Federal government. If the supplier is found to be on the debarment list, the District, at its sole discretion, may elect to not award to the supplier if federal funds are intended to be used for the contract. If at any time during the contract term, an awarded supplier becomes debarred by the Federal government, the supplier must notify the District within five (5) calendar days of the debarment. The District has the sole option to terminate the contract or limit the contract to non-federal funds.

Agreed (Required: Check only one)

BYRD ANTI-LOBBYING AMENDMENT

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, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. 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.

I Certify Not Applicable (less than $100K) (Required: Check only one)

PROCURMENT OF RECOVERED MATERIALS / SOLID WASTE DISPOSAL ACT

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

procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Agreed Not Applicable (less than $10K)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 12 of 17 pages

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES/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).

(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.

In implementing the prohibition under Public Law 115–232, section 889, subsection (f), paragraph (1), 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.

See Public Law 115–232, section 889 for additional information.

See also § 200.471.

Agreed Not Applicable Services or Equipment (Required: Check only one)

DOMESTICE PREFERENCE

As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Agreed Not Applicable

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 13 of 17 pages

CIVIL RIGHTS / DISCRIMINATION STATEMENT

It is the policy of the District not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Supplier agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Supplier further agrees that every subcontract entered into for the performance of this contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the contract.

Agreed (Required: Check only one)

ENERGY POLICY AND CONSERVATION ACT

When federal funds are expended by school districts in the State of Texas, for any contract resulting from this procurement process, the vendor certifies compliance with mandatory standards and policies relating to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

Agreed (Required: Check only one)

CONFLICT OF INTEREST

The District must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if there is a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of their immediate family, partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from the contract awarded to a specific supplier. The officers, employees, and agents of the District may neither solicit nor accept gratuities, favors, or anything of monetary value from suppliers of parties to subcontracts. It is the responsibility of the supplier to identify and make the District aware of any potential conflicts of interest that exist between supplier and the District.

Failure to do so will cause the associated supplier’s response to be disqualified from further consideration, or if already awarded, the associated contract will be terminated immediately without penalty to the District based on cause.

Agreed (Required: Check only one)

COST ANALYSIS / NEGOTIATION OF PROFIT

For contracts over the SAT, the District must negotiate profit as a separate element of the price for each contract in which there is no price competition, including solicitations that receive only one valid response. A cost analysis, to be performed by the District, should establish a fair and reasonable profit by evaluating the complexity of the work to be performed, the borne risk to the supplier, the supplier’s investment, subcontracting, quality, past performance, and industry profit rates in the surrounding geographical area for similar goods/services.

Agreed Not Applicable (less than $250K) (Required: Check only one)

HEALTH AND SAFETY CERTIFICATIONS, LICENSING, OR REGULATIONS

The District requires all vendors 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.

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 14 of 17 pages

HUB, SBE, MWBE, and LSA

Minority & Women's Business Enterprise (MWBE), Historically Underutilized Business (HUB), and Small Business Enterprise (SBE), and Labor Surplus Area (LSA) Firms:

The District encourages the use of MWBE, HUB, and SBE both as prime and subcontractors. However, these entities must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre-qualify subcontractors offered as MWBE, HUB, or SBE participants.

Respondents shall provide current and valid documentation, as an attachment, proving WMBE, HUB, or SBE vendor and with whom they are certified, e.g. City, State, and Federal.

ACKNOWLEDGED AND UNDERSTOOD

(Required: Check if applicable)

SUBMISSION CERTIFICATION

In compliance with this solicitation, the respondent having carefully examined the complete solicitation packet and being familiar with the terms, conditions, and specifications to be met, hereby submits a response for furnishing deliverables in accordance with the requirements set forth in the solicitation packet.

Respondent is a reputable supplier regularly engaged in providing goods and/or services necessary to meet the requirements, specifications, terms, and conditions of this solicitation.

Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the requirements, specifications, terms, and conditions of this solicitation. Further, if awarded, the respondent agrees to perform the requirements, specifications, terms, and conditions of this solicitation.

All statements, information, and representations prepared and submitted in response to this solicitation are current, complete, true, and accurate. Furthermore, that respondent shall be bound by all statements, representations, warranties, and guarantees made in this solicitation.

I CERTIFY

(Required: Check if applicable)

AUTHORIZED REPRESENTATIVE SIGNATURE

By submitting a solicitation response, the respondent certifies and represents to the District that an authorized representative given authority to bind the supplier under contract has submitted this response. Provide the Name, Title, Address, Phone, and Email of the authorized representative.

Bid Lines

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 15 of 17 pages

1 Stations:

15", POS Station featuring bezel free and True-flat screen/IP65 on front panel/built-in MSR/low profile folding stand CPU Support - Intel Core i5 System Memory - 8GB DDR4 RAM Storage - M.2 256GB SSD LCD - Size 15" LED LCD/Brightness 300 Nits/Resolution 1024x768 Touch Screen - Capactivate Touch Screen LAN - 1 RJ-45 (10/100/1000 Mbps Giga LAN) Wireless - Dual Channel Wireless External I/O Port - Rear 2x USB 3.2+ 4x USB 2.0/2 x DB9 Serial Port/1 x VGA + 1 x HDMI/1 x Mic-in/1 x Audio Out/1 x DC In/ 1x Power Switch Power - External power adapter 12V EMC Safety- CE, FCC Class A OS Support - Windows 10/Windows 11/Linux Windows 10 Imaged

Quantity: 95 UOM: EA Price: $ Total: $

Item Notes: Suppliers shall submit their response based on the item descriptions and specifications. Any brand name and model number descriptions listed in a solicitation are intended to be descriptive and not restrictive, and is intended to indicate type and quality desired. The term “or equal” shall apply unless otherwise indicated. If any supplier has equivalent items, provide all specifications as to such items.

Supplier Notes:

No bid

Alternate specification (Attach separate sheet)

Additional notes (Attach separate sheet)

2 Pin Pad:

12 key w/scanner, Tactile, USB, w/case 3 year warranty Programmed for MCS Plug-in-play Yank proof cable / USB port detector system USB interface - USB 2.0/ 1.1 full speed

Quantity: 65 UOM: EA Price: $ Total: $

Item Notes: Suppliers shall submit their response based on the item descriptions and specifications. Any brand name and model number descriptions listed in a solicitation are intended to be descriptive and not restrictive, and is intended to indicate type and quality desired. The term “or equal” shall apply unless otherwise indicated. If any supplier has equivalent items, provide all specifications as to such items.

Supplier Notes:

No bid

Alternate specification (Attach separate sheet)

Additional notes (Attach separate sheet)

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 16 of 17 pages

Supplier Information

Company Name:

Contact Name:

Address:

Phone:

Fax:

Email:

Supplier Notes

By submitting your response, you certify that you are authorized to represent and bind your company.

Print Name Signature

Deadline: 8/8/2024 03:00 PM (CT) 25-022Page 17 of 17 pages