ESBD_376257_1726064394770_016-24A Bid Packet with w9andciq.pdf

016-24A

Local Retail & Grocery - Supplemental

Issue Date: 9/3/2024

Questions Deadline: 10/25/2024 04:00 PM (CT)

Response Deadline: 11/1/2024 02:00 PM (CT)

Contact Information

Contact: Kelly Cruz Address: Purchasing

3126 Carson Street Haltom City, TX 76117

Phone: (817) 547-5629 Email: kelly.cruz@birdvilleschools.net

Deadline: 11/1/2024 02:00 PM (CT) 016-24APage 1 of 9 pages

Event Information

Number: 016-24A Title: Local Retail & Grocery - Supplemental Type: Request for Competitive Sealed Proposals Issue Date: 9/3/2024 Question Deadline: 10/25/2024 04:00 PM (CT) Response Deadline: 11/1/2024 02:00 PM (CT) Notes: This is a supplemental proposal to RFCSP 016-24 Local Retail & Grocery. If you are currently awarded under RFCSP 016-24, please refrain from responding to this supplemental proposal. As you are already under contract for the primary RFCSP 016-24, you are ineligible for consideration under this supplementary solicitation.

PURPOSE In order to be in compliance with federal, state and local purchasing laws, the Birdville Independent School District (BISD) is soliciting competitive sealed proposals for Local Retail & Grocery. This contract is for various campus and departments to purchase on an as-needed basis by campuses and departments of BISD scattered throughout Haltom City, Richland Hills, Hurst, North Richland Hills, Watauga and surrounding cities. This proposal is very general that covers any retail/stores/business/restaraunts/fundraiser in the DFW metroplex.

The District seeks to award multiple vendors utulizing the catalog discount. Based on the 2022-2023 budget, the estimated total expenditure annually will be $1,031,814.16.

CONTRACT TERM AND RENEWALS This proposal shall be effective from December 1, 2024 through June 30, 2025. The District has the option to extend the contract for four (4) additional one-year periods (not to exceed a total of 5 years).

The contract will automatically renew, unless the awarded vendor notifies the District in writing within forty-five (45) days prior to the expiration of the contract. Written notification is also required within the forty-five (45) days prior to contract expiration for any adjustment in price or discount upward or downward. District has the sole right to accept or reject these rate changes. If the rate change is rejected, the contract may be terminated at the end of the current contract period.

PROPOSAL SUBMISSION Late proposals will not be accepted. No verbal, telephonic, electronic mail or faxed responses will be considered. The preferred method of delivery is through the e-bid system; however, paper responses will be accepted in the Purchasing Department prior to the due date and time. To receive a paper version, please contact Purchasing via phone 817-547-5629 or by email bisd.purchasing@birdvilleschools.net.

Requested Attachments

W-9 (Attachment required)

A blank W-9 form can be found on the IRS website at www.irs.gov/pub/irs-pdf/fw9.pdf

Conflict of Interest Form (Attachment required)

This form can be found on the BISD website at www.birdvilleschools.net/domain/10979. If no conflict exists, please write N/A on form, sign & upload.

Deadline: 11/1/2024 02:00 PM (CT) 016-24APage 2 of 9 pages http://

Bid Attributes

1 Bid Attachments

Bid Attachments are Posted on the BISD Purchasing Website

Terms & Conditions www.birdvilleschools.net/domain/10974

Conflict of Interest Disclosure and Forms www.birdvilleschools.net/domain/10979

Please check if you agree to the Terms & Conditions and the agreement of disclosing an affiliation or business relationshop with an employee or contractor to BISD if applicable.

~~~This is your electronic signature

I Agree (Required: Check if applicable)

2 Deviations

Does your firm have any deviations from the attached specific terms, conditions, and specifications?

Yes No (Required: Check only one)

3 Deviation Response

If your Firm intends to deviate from the Specifications listed in the attached documents, all such deviations must be listed here, with complete and detailed conditions and information included. The District will consider any deviations in its award decisions, and the District reserves the right to accept or reject any responses based upon any deviations indicated below.

(Optional: Maximum 4000 characters allowed)

4 Selection Criteria

The District reserves the right to award this RFCSP to a single Proposer, multiple Proposers, each line item separately, or in any combination it determines to be in the best interest of the District. If the Proposer chooses to bid/propose “all or none” or is not agreeable to multiple or split awards, it must be noted on the Deviation/Compliance attribute.

Regardless of the award of RFCSP hereunder, the District retains the right to purchase the same or similar materials or items from other sources should it be determined that doing so would be in the District's best interest.

Based upon the proposal material submitted, the following criteria will be used in evaluation.

Extensions of unit prices shown will be subject to verification by the district. In case of variation between the unit price and the extension, the unit price will be considered to be the proposal.

Per Texas Education Code, Subchapter B, Sec. 44.031 (b) *ALL CONTENTS PROVIDED IN THIS

SOLICITATION, WILL BE CONSIDERED AS AN EVALUTION FACTOR

All catalog discount vendors and service vendors who receive an evaluation score of 70 points and above who have completed all required documents will be recommended for award. Line item awards will be evaluated based on highest rated vendor per line item.

Deadline: 11/1/2024 02:00 PM (CT) 016-24APage 3 of 9 pages

EVALUATION FACTORS

PERCE

NTAGE

OF

POINTS

A. The Purchase Price - Fees and Associated Costs 51%

B. The reputation of the Proposer and the Proposer’s goods or services – Based on demonstrated expertise and experience; references (availability of contract items, reliability of deliveries, condition of delivered product and wholesomeness, accurate invoices)

20%

C. The quality of the Proposer’s goods or services – ability to perform all requirements and unique abilities of the Proposer

1%

D. The extent to which the services meet the district’s needs (based on ability to meet delivery schedule, lead time for orders, offer products specified)

22%

E. The Proposer’s past relationship with the District 5%

F. The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; “Federal Requirements for Procurement and Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.”

1%

G. The total long term cost to the District to acquire the Proposer’s goods or services 0%

H. For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the Proposer or the Proposer's ultimate parent company or majority owner:

a. has its principal place of business in this state; or

b. employs at least 500 persons in this state

0%

I. Any other relevant factor specifically listed in the request for bids or proposals 0%

I agree (Required: Check if applicable)

Deadline: 11/1/2024 02:00 PM (CT) 016-24APage 4 of 9 pages

5 Felony Conviction

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 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. Vendor is responsible for the performance of the persons, employees and/or sub-contractors. Vendor assigns to provide services for the Birdville ISD pursuant to this proposal on any and all Birdville ISD campus or facilities. Vendor will not assign individuals to provide services at a Birdville ISD campus or facility who have a history of violent, unacceptable, or grossly negligent behavior or who have a felony conviction, without the prior written consent of the Birdville ISD Purchasing Department.

~~~Please select the statement that applies to your company regarding the Felony Conviction Notification:

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

No = My firm is not owned nor operated by anyone who has been convicted of a felony.

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

My firm is a publicly held corporation N/A No Yes (Required: Check only one)

6 Felony Conviction Details

If your firm is owned or operated by a convicted felon, please list the name of the felon and the details of the conviction. If not applicable, please enter N/A (not applicable).

(Required: Maximum 4000 characters allowed)

7 Criminal History Checks and Badging Requirements

Criminal history checks and badging requirements are listed in the Standard Terms & Conditions attachment.

Please check if you agree to obtain the necessary requirements based on your level of contact with students.

I acknowledge and will comply (Required: Check if applicable)

8 Resident Bidder's Certification

Texas Government Code Chapter 2252 relates to bids by nonresident contractors. The pertinent portions of the Act are as follows: Section 2252.001(3) "Nonresident bidder" means a bidder who is not a resident of the State of Texas. Section 2252.001(4) "Resident bidder" means a bidder whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section 2252.002 A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. ~~~Is the vendor a Resident Bidder of Texas as defined in Texas Government Code Section 2252.001(4)?

Yes No (Required: Check only one)

Deadline: 11/1/2024 02:00 PM (CT) 016-24APage 5 of 9 pages

9 Non-Resident Bidder's Certification

Nonresident Bidder of Texas as defined in Texas Government Code Section 2252.001(3) ~~~If your firm is not a Resident Bidder of Texas as defined in Texas Government Code Section 2252.001(4), indicate your firm's principal place of business City and State. If not applicable, please enter N/A (not applicable).

(Required: Maximum 1000 characters allowed)

Historically Underutilized Business (HUB Certification)

Companies that have been certified by the Texas Procurement and Support Services (TPASS) as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to the invitation. Please indicate whether or not you are certified by TPASS as a HUB and attach a copy of your HUB Certification if not otherwise done so as part of your vendor submission.

Yes, I am certified as a HUB No, I am not certified as a HUB (Required: Check only one)

Interlocal Agreement Clause - Educational Purchasing Cooperative of North Texas (EPCNT) and Central Texas Purchasing Alliance (CTPA)

This contract may be utilized for purchases by other local government entities under an interlocal cooperation agreement, Texas Government Code Chapter 791. Any contract award by the Birdville Independent School District on behalf of another local government entity shall be contingent upon the issuance of a purchase order or execution of a separate contract by the other local government entity. The Contractor must deal directly with the local government entity concerning the placement of orders, issuance of the purchase order, insurance certificates, contractual disputes, invoicing and payment or any other terms and conditions that the other local government entity may require. The actual utilization of this contract award by the other local government entity is at the sole discretion of that other local government entity. The Birdville Independent School District is acting on the behalf of other local government entities for the sole purpose of complying with Texas competitive bidding requirements and shall not be held liable for any costs, damages, etc. incurred by any bidder with regard to any purchase by another local government entity. Birdville Independent School District shall be legally responsible only for payment for goods and services in the quantities detailed in the Birdville ISD purchase order or contract. Birdville ISD is a member of the Educational Purchasing Cooperative of North Texas (EPCNT) and Central Texas Purchasing Alliance (CTPA) acceptance would make this award available to its members. Do you agree to participate?

Yes No (Required: Check only one)

Quote & Ordering Information

Please include contact person & title, address, phone number, fax number, email.

Remit to Information

Please include contact person & title, address, phone number, fax number, email.

Deadline: 11/1/2024 02:00 PM (CT) 016-24APage 6 of 9 pages

Ordering Method

Do you accept purchase orders?

Yes No (Required: Check only one)

Ordering Method

Do you accept procurement card (VISA)?

Yes No (Required: Check only one)

Ordering Method

Is there an additional fee or surcharge for using the procurement card (VISA)? Please detail. If none, enter N/A.

Receipt of Purchase Order

Please indicate which of the following ways you would like to receive your Purchase Orders:

Fax - indicate your preferred fax number Email - indicate your preferred email address U.S. Mail - indicate your preferred address

If you do not accept purchase orders, enter N/A.

Locations

If your company has multiple locations please indicate all locations which will be covered under this solicitation.

Enter N/A if this does not apply.

Minimum Order Requirements

If you have a minimum order requirements, please state the specifics. If none, please enter N/A.

References

Please indicate three business references that have contracted with your company to provide like products and/or services. Include the company name, address, phone number, contact person, and email address. Preferable references are school districts or other governmental entities.

Note: Failure to supply complete reference information may be grounds for disqualification.

Deadline: 11/1/2024 02:00 PM (CT) 016-24APage 7 of 9 pages

Reference One

Reference Number 1. Include the company name, address, phone number, contact person, and email address.

Reference Two

Reference Number 2. Include the company name, address, phone number, contact person, and email address.

Reference Three

Reference Number 3. Include the company name, address, phone number, contact person, and email address.

Bid Lines

1 Discount % Offered (In order for your comapny to be included on Birdville ISD's approved vendor list, you must respond whether or not you can offer a discount.)

(Response required)

Quantity: 1 UOM: EA Total: %

Item Notes: This is a required section, if no discount offered, please enter 0%

Supplier Notes:

Additional notes (Attach separate sheet)

Deadline: 11/1/2024 02:00 PM (CT) 016-24APage 8 of 9 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: 11/1/2024 02:00 PM (CT) 016-24APage 9 of 9 pages

Form W-9 (Rev. March 2024)

Request for Taxpayer Identification Number and Certification

Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

P ri nt o r ty p e.

S ee S p ec if ic

In st ru ct io n s on p ag e 3.

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)

2 Business name/disregarded entity name, if different from above.

3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate

LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)

3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions

4 Exemptions (codes apply only to certain entities, not individuals;

see instructions on page 3):

Exempt payee code (if any)

Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any)

(Applies to accounts maintained outside the United States.)

5 Address (number, street, and apt. or suite no.). See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they

Cat. No. 10231X Form W-9 (Rev. 3-2024)

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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

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

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

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

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

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

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

Name of Officer

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

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

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

Yes No

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

Yes No

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

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

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

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

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

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

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

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

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

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

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

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

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

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

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

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

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

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

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