ESBD_380152_1729262277520_24-10-1177 Bid for Refrigerated Truck.pdf

RFP 24-10-1177

INTRODUCTION

Dickinson Independent School District (“DISD” or the “District”) is accepting proposals from qualified vendors for the purchase of a refrigerated truck for Food and Nutrition Services.

DISD DEMOGRAPHIC INFORMATION

The Dickinson Independent School District enrollment is approximately 12,479 students. During the 2024-2025 school year, students will be served at seven elementary schools, three middle schools, three junior highs, one high school, and two alternative schools.

DATE, TIME, AND LOCATION OF OPENING

Complete and signed proposal documents must be received at the Dickinson ISD Educational Support Center, Attn: Alyse Howell, 2218 FM 517, Dickinson, Texas 77539 no later than 12/4/2024 at 10:00 AM. At which time, all responses will be opened, and the names of the participants will be read publicly. Proposals must be in a sealed envelope and marked properly with the proposal number. The District does not accept faxed or emailed bids.

QUESTIONS AND/OR CLARIFICATIONS

Questions may be submitted in writing via email to Laura Peck at lpeck@dickinsonisd.org. Answers to all questions submitted will be posted as an Addendum on the Dickinson ISD website. Any oral response to such request or oral representation by any employee or representative of the District will not alter the terms of this RFP or any subsequent agreement or contract entered between the successful publishers and the District.

Please email questions related to this solicitation to Laura Peck, Director of Food and Nutrition Services, at lpeck@dickinsonisd.org and Alyse Howell, Coordinator of Purchasing, at ahowell@dickinsonisd.org prior to the deadline for questions in the Tentative Timeline section below.

The District advises that prospective vendors periodically check the DISD website for modifications to the RFP.

The District is not responsible for a prospective vendor’s misunderstanding of the RFP or non-responsiveness due to failure to check the website for Addenda to the RFP, and/or other information regarding the RFP. Failure to periodically check the website will be at the vendor’s sole risk.

To ensure the integrity of the selection process, interested vendor’s employees, officers, agents, or other representatives shall not lobby or attempt to influence a vote or recommendation related to the vendor’s response, directly or indirectly, through any contact with school board members or other district officials from the date this RFP is released until the award. Any contact with the Board of Trustees concerning this RFP may result in disqualification of the proposer.

As of the Issuance date of this RFP and continuing until the final date for submission of proposals, contact with Dickinson ISD employees, except for the members of the Purchasing Department, is strictly prohibited. All

Request for Proposal # 24-10-1177 Food and Nutrition Services Refrigerated

Truck personnel representing Dickinson ISD are specifically directed not to hold meetings, conferences, or technical discussions with any publisher for purposes of responding to this RFP. Any vendor found to be acting in any way contrary to this directive will be disqualified from entering any contract that may result from this RFP.

TENTATIVE TIMELINE

RFP Public Notice 1st Ad: 10/18/2024 2nd Ad: 10/22/2024

RFP Bid Release on District Website 10/18/2024 Deadline for Questions from Offerors 11/22/2024 Proposals Due 12/4/2024 at 10:00 AM Evaluation Period 12/4-12/5/2024 Board of Trustees Meeting – Recommendation of Contract Award 12/9/2024

Notification of Award 12/10/2024

CONTRACT AWARD

The contract will be awarded in the best interest of Dickinson Independent School District. It will be awarded to a single vendor. Dickinson ISD reserves the right to negotiate with any or all respondents and accept or reject any and/or all proposals and to waive any formalities and/or irregularities.

GENERAL SPECIFICATIONS

1. All proposals must be F.O.B. destination and include all costs of shipping and handling to delivery point:

Dickinson ISD

Food and Nutrition Services 4003 Video Street

Dickinson, TX 77539

2. Unless specifically noted, substitutes may be offered if they are equal to or exceed the quality of the items described. It shall be the sole discretion of Dickinson Independent School District to determine equality of items offered and suitability for School District use.

3. Vendor must include complete manufacturer specifications for any substitutes offered and provide a complete description of material or equipment being quoted including trade name, model, size, type, and catalog number. If requested by the School District, samples and/or product demonstration may also be required.

4. Proposals are to show net unit and net total prices after all discounts have been deducted. Proposals shall also include line-item prices.

5. Unless otherwise indicated, prices quoted herein are considered FIRM and shall remain open and may not be withdrawn for a period of sixty (60) days after the due date.

6. A minimum warranty period of 36 months, or 36,000 miles, covering parts and labor, bumper to bumper, and “powertrain” is required from the seller. A warranty period of at least 5 years or 100,000 miles is preferred. Responses shall include extent of warranty coverage and applicable “deductibles” for extended warranties. Clearly state what is not included in the warranty.

7. Vendor shall provide detailed written information on all pertinent aspects of equipment proposed, including powertrain and related systems performance data, capacities, dimensions, and available options not called for in this request. Further, manufacturer’s illustrations and brochures or proposed equipment shall be part of the proposal response.

8. Bidder shall specify delivery date for refrigerated truck. Delivery time will be considered in proposal evaluation.

9. The District will evaluate proposals on costs, technical compatibility with specifications, fleet uniformity, warranty coverage and delivery time. The District reserves the right to consider various factors to be in the best interest of the Dickinson Independent School District. The District will award bid to only one vendor based on requirements placed by using department. The District reserves the right to reject any and all bid proposals, to contract work with whomever and in whatever manner the District decides, to abandon the purchase entirely and to waive any informality or non-substantive irregularity as the interest of the District may require.

10. Dickinson Independent School District reserves the right to perform a “post-delivery” inspection of all vehicles, machines and/or equipment within 10 days after receipt of each vehicle. FINAL

ACCEPTANCE WILL BE CONTINGENT ON VERIFICATION BY THE DISD DIRECTOR OF

FOOD AND NURTITION SERVICES THAT ALL BID SPECIFICATIONS HAVE BEEN MET. The vendor shall correct, to the satisfaction of the District, and deficiencies before payment will be authorized. Delivery for defective, incomplete, or damaged items shall result in DELAY OF PAYMENT to vendor.

11. All vehicles purchased shall meet or exceed the minimum requirements of applicable Federal and State Motor Vehicle Safety Standards.

12. Vendors are advised not to place decals or markings of any kind pertaining to advertisement, other than manufacturer’s name or model designation normally installed by manufacturer of vehicle.

13. Registration: Initial registration and licensing will be done by the vendor. The vendor shall furnish the original copy of the “Dealer’s Report of Sale”, temporary license, registrations and completed application for Texas Exempt plates. The name and address on the “Dealer’s Report of Sale” shall read:

Dickinson ISD PO Drawer Z

Dickinson TX, 77539

TECHNICAL VEHCILE SPECIFICATIONS

• Condition: New

• Year: 2023/2024/2025

• Make: International

• Class: Class 7 (GVW26001-33000)

• Category: Refrigerated Truck

• Location: Greater Houston area

• Horsepower: 200-300

• Fuel Type: Diesel

• Axles: 4x2

• Suspension: Spring

• Wheelbase: 236

• Front Axel: 12,000

• Rear Axle: 21,000

• Brake Type: Air

• Drivetrain: Rear Wheel Drive

• Transmission Speed: 6

• Transmission Type: Automatic

• Color: White

• Heating and Air Conditioning

• Options: Cruise control, power steering, power windows, power mirrors, power locks, tilt steering wheel, Bluetooth

TECHNICAL REFIGERATED BOX TRUCK SPECIFICATIONS

• Reefer box approximate dimensions: 22’L x 8.5’W x 8’H

• 0 degrees with 4” - 5” insulation

• Rear rolling door, no side door

• Cargo Management: E-track cargo system

• No multiple zones

• Ability to maintain refrigerated box at temperatures below freezing

• Liftgate: Tuck-a-way with capacity of 3000 lbs.

• 120 V Power Inverter

PROPOSAL FORMAT AND CONTENT

Proposer must create a proposal document and attach it to the bid. Proposers may submit attachments providing pricing quotes for any or all the Bid Items listed. Costs of preparation of Proposal will be borne by the proposing firm.

This request does not constitute an offer of employment or contract for goods or services.

Please submit the following information as an Attachment to the bid response:

REQUIRED PROPOSAL ATTACHMENTS

Attachment 1: Total Pricing Quote for Food and Nutrition Services refrigerated truck as described above.

Attachment 2: Estimated delivery date for refrigerated truck.

Attachment 3: Detailed factory specifications for the proposed refrigerated truck.

Attachment 4: Detailed warranty information for refrigerated truck.

Attachment 5: Detailed extended warranty information for proposed refrigerated truck, including pricing.

SPECIAL TERMS AND CONDITIONS

• Proposer responding to this proposal agrees to accept the District’s tax-exempt status and WILL NOT charge DISD sales tax.

• Vendor will invoice the District and the District will verify, approve, and pay the invoice within 30 days of receipt.

• Each proposer submitting a response will agree to furnish products in accordance with specifications herein listed.

• Procurement will be done via a purchase order.

o Do not provide goods/services absent a bona-fide, signed purchase order.

o Do not provide goods/services exceeding amount of purchase order.

o The District shall only be responsible for amounts shown on the approved purchase order.

o This is a condition of the proposal and becomes parts of any purchase order issued in conjunction with proposal RFP 24-10-1177.

• Invoice – Billing: invoice requires the following:

o List of each item o DISD Purchase Order Number o The original invoice (properly filled) will be emailed or mailed to:

accountspayable@dickinsonisd.org

Dickinson Independent School District ATTN: Accounts Payable P. O. Drawer Z Dickinson, TX 77539

Discounts, Rebates, and Credits – Dickinson ISD requires that all discounts, rebates, and credits accrue back to the school nutrition account.

The contractor will be required to identify the amount of each discount, rebate, or other applicable credit on bills and invoices presented to the Dickinson ISD. Contractors will be required to identify the method by which they will report discounts, rebates, and credits. All discounts, rebates, and credits will be tracked via monthly invoices or annual velocity reports. Dickinson ISD has the right-to-audit with routine access to the information necessary to verify receipt of accurate credits, discounts, and rebates.

Awarded Vendor will be required to maintain documentation of costs, discounts, rebates, and credits and make those available to Dickinson ISD upon request.

Protest Procedures-

An interested party may protest any of the following situations:

● Solicitation or other request for offers for a contract for the procurement of property or services.

● Cancellation of a solicitation or other request.

● Award or proposed award of a contract.

● Termination of a contract if the protest alleges that the termination was based on improprieties in the administration of the contract.

A protest shall include:

● Name, address, and telephone number of the protestor.

● the signature of the protestor or an authorized representative of the protestor.

● Identification of the purchasing agency and the solicitation or contract number.

● Detailed statement of the legal and factual grounds of the protest including copies of relevant documents.

● The form of relief requested.

It is Purchasing’s responsibility to:

● Will address all respondent protests within 24 hours of the bid award.

● Will provide evaluation scores and pricing at the request of the respondent. Violations of law should be referred to the local, state, or Federal authority. (2 CFR, Section 200.318[k]

Dickinson ISD will provide evaluation scores and pricing at the request of the respondent, following the procedures on the Public Information Act. Violations of law should be referred to the local, state, or federal authority. (2 CFR, Section 200.318[k]). To submit a public information request, please see https://www.dickinsonisd.org/page/pi.public_info_requests. To discuss protest, please email purchasing@dickinsonisd.org.

Complaints- All complaints by either the District or the contractor shall be documented in email.

Material Changes – If a material change to a contract entered between DISD and Vendor occurs, then the contract will be terminated.

CONTRACT MANAGEMENT

The following items will be monitored during the life of an awarded contract

1. Quantities specified are made available and delivered.

2. Delivery times and schedules are being met per contract terms.

3. Product deliveries and/or services are occurring at the correct location if multiple locations are part of the awarded contract.

4. Products and/or services are meeting the specifications as described in the solicitation.

https://www.dickinsonisd.org/page/pi.public_info_requests mailto:purchasing@dickinsonisd.org

5. Substitutions of products are being handled as outlined in the Terms and Conditions and are adequate to the specified product.

6. Vendor response time to product or service issues is appropriate regarding each situation, if any.

Monitoring

The Dickinson ISD Food and Nutrition Staff, including the FNS Director, Accountant, and Purchasing Supervisor, will work to ensure that vendors perform within the terms, conditions, specifications, and technical requirements of the contract or purchase order (FNS Staff will be assigned to compare pricing, delivery charges, etc. to that of the contract).

SELECTION CRITERIA AND AWARD

Only responsible and responsive vendors who can clearly demonstrate and provide the necessary products, resources, experience, skills, and capacity to meet the scope of work as defined by this RFP will be considered.

An evaluation committee, consisting of District personnel will convene, review, and evaluate all proposals submitted. Purchasing personnel will participate on an advisory capacity only.

The evaluation committee will assign points in the evaluation and recommendation process in accordance with the evaluation criteria listed below. There will be 100 points possible in the scoring of this RFP.

Evaluation and Selection of vendor(s) for actual purchases will be based on Texas Education Code §44.031 (b) as follows:

FNS Refrigerated Truck (RFP 24-10-1177) – EVALUATION CRITERIA

CRITERIA POINTS

Price 45 Technical Compatibility with Specifications 25 Length of Time to Delivery 15 Warranty Coverage 10 Fleet Uniformity 5

Total possible points - 100

END OF PROPOSAL

Page 1 of 24 pages Deadline: 12/4/2024 10:00 AM (CT) 24-10-1177

RFP # 24-10-1177

Food and Nutrition Services Refrigerated Truck

Issue Date: 10/18/2024

Questions Deadline: 11/22/2024

Response Deadline: 12/4/2024 at 10:00 AM

Contact Information Contact: Alyse Howell (Purchasing Coordinator)

Email: ahowell@dickinsonisd.org mailto:ahowell@dickinsonisd.org

Page 2 of 24 pages Deadline: 12/4/2024 10:00 AM (CT) 24-10-1177

Requested Attachments

Estimated Delivery Date (Attachment required)

Please attach a response with the estimated delivery date for Food and Nutrition Services Refrigerated Truck based on the general and technical specifications detailed in the RFP.

Detailed Factory Specifications (Attachment required)

Please attach a response with the detailed factory specifications for Food and Nutrition Services Refrigerated Truck based on the general and technical specifications detailed in the RFP.

Detailed Warranty Information (Attachment required)

Please attach a response with the detailed warranty information for Food and Nutrition Services Refrigerated Truck based on the general and technical specifications detailed in the RFP.

Detailed Extended Warranty Information (Attachment required)

Please attach a response with the detailed extended warranty information for Food and Nutrition Services Refrigerated Truck based on the general and technical specifications detailed in the RFP.

IRS W9 Form (Attachment required)

Please upload the completed and signed W9 Conflict of Interest (Attachment required)

Please upload your completed, signed, and dated conflict of interest. If no conflict exists, you should still sign and date the bottom and include "NOT APPLICABLE" on Line 3 of the form.

Texas Ethics Commission Form 1295 (Attachment required)

Certificate of Interested Parties (Form 1295 – must be filled out electronically with the Texas Ethics Commission’s online filing application, printed out, signed, and submitted with proposal to Dickinson ISD. See Instructions and Sample Completed Form in the Attachments Tab. Video of How to complete the form online https://www.ethics.state.tx.us/filinginfo/videos/Form1295/CreateCertificate/CreateCertificate.html https://www.ethics.state.tx.us/filinginfo/videos/Form1295/CreateCertificate/CreateCertificate.html

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Bid Attributes

1 Introduction There are attributes associated with the Bid/Proposal. Some are notes and require no response, but most have a required response.

2 Open Records Policy Dickinson ISD is a governmental entity subject to the Texas Public Information Act. Proposals submitted to DISD as a result of this solicitation may be subject to release as public information after contracts are executed or the procurement is terminated. If a Vendor believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the Vendor must specify page-by-page and line-by-line the parts of the response which it believes are exempt. In addition, the Vendor 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. AISD assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Vendors.

I have read and understand this Attribute.

(Required: Check if applicable)

3 Contract Award Date The contract award date shall be effective upon Board approval on December 9, 2024.

I have read and understand this Attribute.

(Required: Check if applicable)

4 Section 2

PROPOSAL REQUIREMENTS

5 Authorized Signature The undersigned, in submitting this Bid/Proposal and endorsement of same, represents that he/she is authorized to obligate his/her Firm, that he/she is an equal opportunity employer and will not discriminate with regard to race, color, religion, sex, national origin, age or disability unrelated to job performance of this Bid/Proposal; that he/she will abide by all the policies and procedures of Dickinson ISD; and that he/she has read this entire Bid/Proposal package, is aware of the covenants contained herein and will abide by and adhere to the expressed requirements in ALL sections of this Bid/Proposal.

Agree (Required: Check if applicable)

6 Authorized Representative Name and Title Name and title of authorized official signing this document.

(Required: Maximum 1000 characters allowed)

7 Special Terms, Conditions, and Specifications The special terms, conditions, and specifications are listed in an attachment (#1 under the "Attachments" tab of this RFP). I agree to the specific terms, conditions, and specifications of this Bid/Proposal.

Agree Disagree Agree with Deviations (Required: Check only one)

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8 No Deviations I certify that there are NO deviations from the attached specific terms, conditions, and specifications

Agree (Optional: Check if applicable)

9 Deviations 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 bid award decisions, and the District reserves the right to accept or reject any bids based upon any deviations indicated below. If none, please enter N/A (not applicable).

(Required: Maximum 4000 characters allowed)

10 Non-Collusive Bidding Certificate By submission of this bid or proposal, the vendor certifies that:

a) This bid or proposal has been independently arrived at without collusion with any other vendor/bidder or with any competitor.

b) This bid or proposal has not been knowingly disclosed and will not knowingly be disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor.

c) No attempt has bene or will be made to induce any other person, partnership, or corporation to submit or not to submit a bid or proposal.

d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification under the penalties being applicable to the bidder as well as to the person signing on its behalf.

FAILURE TO SIGN THIS CERTIFICATE MAY BE CAUSE FOR YOUR BID OR PROPOSAL TO BE

REJECTED.

Please check if you agree to the Non-Collusive Bidding statements above.

Agree Disagree (Required: Check only one)

11 Felony Conviction Notification

State of Texas Legislative Senate Bill No. 1 Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into an agreement 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 the agreement 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 di strict must compensate the person or business entity for services performed before the termination of the contract”.

Subsection (c) states “this section does not apply to a publicly held corporation”.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the information furnished is true to the best of my knowledge.

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Contractor’s Name/Company Name: Authorized Official’s Name (Printed or Typed):

You must select check one:

Firm is a publicly held corporation; therefore, the above reporting requirement does not apply per Section 44.034, Texas Education Code, Subsection (c)

Contractor/Firm is not owned nor operated by anyone who has been convicted of a felony.

Contractor/Firm is operated or owned by the following individual(s) who has/have been convicted of a felony:

Firm is a publicly held corporation Contractor/Firm is not Contractor/Firm is (Required: Check only one)

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

13 Section 3

OPTIONAL SERVICES

14 Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance

A. Membership. Dickinson ISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA / txctpa.org), an alliance of over 120 public school districts in Texas representing over a million students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements.

B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by Dickinson ISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA 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 the awarded vendor or the adopting CTPA member district to participate unless both parties agree. Upon mutual agreement of both parties to engage under the terms of the original contract, the vendor agrees to provide the contracted goods and services at the same or better contract pricing and purchasing terms established by the originating district. Minor modifications to the scope of work of the original contract may be allowed to accommodate the adopting district’s needs, as long as such modifications are directly related in nature to the original contract.

C. Document Sharing between Members. To assist an adopting member district in establishing their supporting documentation, the awarded vendor’s response and related documents owned by the originating district may be shared without prior notification to the awarded vendor, unless the vendor at the time of their response to the original solicitation clearly annotates that such sharing of their response is to not occur without prior permission of the vendor.

D. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement. Upon adoption of the contract by the adopting CTPA member district, the original term of the contract and any renewal or extension options allowed under the original contract shall then transfer to the adopted contract, and such renewals options may be executed by the adopting member district at its sole discretion http://www.txctpa.org/ http://txctpa.org/

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I understand the requirements (Required: Check if applicable)

15 Section 4

VENDOR INFORMATION

16 Protest Contact Proposer shall provide the contact’s name and phone number of the individual the District should contact in case of protest.

17 District Purchase Order Policy Agreement Items and/or services are to be delivered to Dickinson Independent School District ONLY when a district purchase order has been mailed or e-mailed to your company. Under no circumstances, should items and/or services be provided to the District without a properly drawn District purchase order. If your company provides any item and/or services without a properly drawn District purchase order, you are NOT GUARANTEED PAYMENT and the item and/or service you provided could be constituted as a donation to the District.

Please inform any staff member that handles the Dickinson Independent School District account of these procedures.

Please check if you agree to Dickinson ISD Purchase Order Policy

Agree Disagree (Required: Check only one)

18 Purchase Order/Quote Email Address Proposer shall provide the email address of the individual that is responsible for purchase orders and quotes.

(Required: Email address)

19 Accept Purchase Orders Does your company accept PO's and take payment on NET30 terms to allow DISD to pay with a check after the service or product is delivered?

Yes No (Required: Check only one)

20 Freight Charges Please select if you are providing DISD with Free Freight on all orders or Pre-Paid and Add (Invoice) Free Freight (FF) Pre-Pay and Add (Invoice) (Required: Check only one)

21 Payment/Remittance Contact Name/Phone Number/ E-mail Address Proposer shall provide the contact’s name and information of the individual that is responsible for payment remittance.

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22 Payment/Remittance Address Proposer shall provide the location including street address, city, state, and zip code for checks to be mailed when paying invoices.

23 Principal Place of Business State whether the proposer or proposer's ultimate parent company or majority owner has its principal place of business in this state (Texas).

Yes, Texas is our principal place of business No, Texas is not our principal place of business (Required: Check only one)

24 Employees in State State whether the proposer or the proposer's ultimate parent company or majority owner employs at least 500 persons in this state (Texas).

Yes, our company employs over 500 in Texas No, our company does not employ over 500 in Texas (Required: Check only one)

25 Vendor certifies that this firm is a MWBE/HUB (Required by some participating agencies)

Bidding companies that have been certified by the State of Texas as Historically Underutilized Business (HUB) or Minority/Women Business Enterprise (MWBE) entities are encouraged to indicate their HUB and MWBE status when res ponding to this Bid Invitation.

Please scan a copy of MWBE/HUB certification letter and the percentage of your business with MWBE and/or HUB suppliers, if applicable, in your proposal response.

Yes No (Required: Check only one)

26 Diversity Classification Please indicate if your company is currently a Minority-Owned, Woman Owned, or Historically Underutilized Business. If your company holds none of these, please indicate by selecting NONE.

MBE WBE SBE HUB NONE

(Required: Check only one)

27 Certificate of Residency

The State of Texas has a law concerning nonresident vendors. This law can be found in Texas Government Code under Chapter 2252, Sub chapter A.

This law makes it necessary for DISD to determine the residency of its Vendors. In part, this law reads as follows:

Section: 2252.001: “‘Nonresident bidder’ refers to a person who is not a resident.” “‘Resident bidder’ refers to a per son whose principal place of business is in this state, including a [vendor] 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 under bids 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 under bid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.”

Company submitting bid is a resident bidder:

Yes No

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28 Certificate of Residency City and state of Vendor's principal place of business:

29 Vendor certifies that this firm is a MWBE/HUB (Required by some participating agencies)

Bidding companies that have been certified by the State of Texas as Historically Underutilized Business (HUB) or Minority/Women Business Enterprise (MWBE) entities are encouraged to indicate their HUB and MWBE status when res ponding to this Bid Invitation.

Please scan a copy of MWBE/HUB certification letter and the percentage of your business with MWBE and/or HUB suppliers, if applicable, in your proposal response.

Yes No (Required: Check only one)

30 Vendor certifies all local, state, and federal safety requirements have been met.

Yes No (Required: Check only one)

31 Section 5

8.0 PACKET

32 Certifications Certification Regarding Terrorist Organizations Vendor hereby 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, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

Certification Regarding Boycotting of Israel If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the “Vendor Companies”), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include 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.

Certification Regarding Contracting Information If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by DISD; or (b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by DISD in a fiscal year of DISD, the following certification shall apply; otherwise, this certification is not required. As required by Tex. Gov’t Code § 552.374(b), the following statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and Agreement and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to DISD for the duration of the Agreement; (2) promptly provide to DISD any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of DISD; and (3) on completion of the Agreement, either (a) provide at no cost to DISD all contracting information related to the

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Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to DISD.

Certification Regarding Boycotting Certain Energy Companies If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87th session), Vendor hereby certifies and verifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the Agreement. For purposes of this Agreement, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See Tex. Gov’t Code § 809.001(1).

Certification Prohibiting Discrimination Against Firearm and Ammunition Industries If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; (c) this Agreement has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) DISD has determined that Vendor is not a sole source provider or DISD has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch.

2274 of SB 19 (87th session), Vendor hereby certifies and verifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, 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 this contract against a firearm entity or firearm trade association. For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Tex.

Gov’t Code § 2274.001(3) of SB 19.

Certification Regarding Certain Foreign-Owned Companies in Connection with Critical Infrastructure DISD is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by DISD for product warranty and support purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including 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 (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this Agreement, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See Tex. Gov’t Code § 2274.0101(2) of SB 1226 (87th leg.). Vendor verifies and certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, Page 10 of 24 pages Deadline: 12/4/2024 10:00 AM (CT) 24-10-1177 including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

I Acknowledge (Required: Check if applicable)

33 EDGAR

The following certifications and provisions are required and apply when the District expends federal funds for any contract resulting from this procurement process. In the event of a conflict or inconsistency between the following terms and conditions and any provision of any contract, agreement, or Purchase Order, the following terms and conditions shall control. Accordingly, the parties agree that the following terms and conditions apply to the Contract/PO between the District and vendor (“Vendor”) in all situations where Vendor has been paid or will be paid with federal funds:

• [Applicable ONLY to contracts in excess of the simplified acquisition threshold, currently set at $250,000.] Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR §200.320), 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 the District expends federal funds, the District 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.

• [Applicable ONLY to contracts in excess of $10,000.] 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.

Pursuant to Federal Rule (B) above, when the District expends federal funds, 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 Vendor in the event: (1) Vendor fails to meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) Vendor fails to make any payments owed; (3) Vendor fails to otherwise perform in accordance with the contract and/or the procurement solicitation; or (4) to the greatest extent authorized by law, if an award no longer effectuates the program goals or priorities of the Federal awarding agency or the District. The District also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if the District believes, in its sole discretion that it is in the best interest of the District to do so. Vendor 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 vendors when it is in the District’s best interest.

• [Applicable ONLY to federally assisted construction contracts.] 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.”

Pursuant to Federal Rule (C) above, when the District expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

• [Applicable ONLY to prime construction contracts in excess of $2,000 where federal funds are being used for the project] 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 31463148) 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

Page 11 of 24 pages Deadline: 12/4/2024 10:00 AM (CT) 24-10-1177 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 Nonfederal 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 the District expends federal funds, during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.

• [Applicable ONLY to contracts in excess of $100,000 involving mechanics or laborers.] 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 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.

Pursuant to Federal Rule (E) above, when the District expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by the District resulting from this procurement process.

• 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.

Pursuant to Federal Rule (F) above, when federal funds are expended by the District, Vendor certifies that during the term of an award for all contracts by the District resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

• [Applicable ONLY to contracts in excess of…