ESBD_389140_1736286887993_RFP2025-01-633 BID INVITATION.pdf

RFP2025-01-633

WALK-IN COOLER(S), WALK-IN FREEZER(S) AND

REPLACEMENT PARTS

Issue Date: 1/12/2025

Questions Deadline: 1/31/2025 10:00 AM (CT)

Response Deadline: 3/3/2025 02:00 PM (CT)

Contact Information

Contact: Purchasing Department Address: Administration Bldg

#1 Duvall McKinney, TX 75069

Phone: (469) 302-4014 Fax: (469) 302-4139 Email: purchasing@mckinneyisd.net

Deadline: 3/3/2025 02:00 PM (CT) RFP2025-01-633Page 1 of 65 pages

Event Information

Number: RFP2025-01-633 Title: WALK-IN COOLER(S), WALK-IN FREEZER(S) AND REPLACEMENT PARTS Type: RFP Issue Date: 1/12/2025 Question Deadline: 1/31/2025 10:00 AM (CT) Response Deadline: 3/3/2025 02:00 PM (CT) Notes: McKinney ISD is accepting proposals from vendors that can provide pricing for WALK-IN

COOLER(S), WALK-IN FREEZER(S) AND REPLACEMENT PARTS according to the specifications provided. A pre-proposal site visit will be held at Eddins Elementary, Wolford Elementary, Walker Elementary, McNeil Elementary and Scott Johnson Middle

School on January 27, 2025 starting at 9:00 am. Attendance is encouraged by all proposers. Failure to attend the Pre-Proposal Site Visit, as well as sign the sign-in sheet, will result in a reduction of evaluation points. All in attendance must check-in with the Front

Office Staff using a valid state issued ID card.

ELECTRONIC BIDDING: We strongly encourage that bidders/proposers submit this bid/proposal electronically. Electronic bidding will eliminate errors, unnecessary work, and reduce paper. When completing this bid/proposal electronically it will not be necessary to submit a paper response.

OFFLINE SUBMISSIONS (PAPER): I f you are unable to submit your bid/proposal electronically, you may submit your bid/proposal offline. Bid/Proposal must be submitted in a

SEALED ENVELOPE OR CARTON bearing on the outside; the name of the bidder/proposer, address, and the bid/proposal name and number. Responses shall be mailed or delivered to:

Director of Purchasing

McKinney Independent School District

Administration Building

#1 Duvall Street

McKinney, TX 75069

If forwarded by mail (next day, Federal Express, etc.), the sealed envelope containing the bid/proposal must be enclosed in another envelope addressed as specified. McKinney ISD is not responsible for lateness of mail, carrier, etc. The date/time stamp clock in the

McKinney ISD Purchasing Department office shall be the official t ime of receipt.

Bid/Proposals submitted after the designated date/time will not be accepted. Faxed or e-mailed bid/proposals will not be accepted.

INCLEMENT WEATHER: In case of inclement weather or any other unforeseen event causing McKinney ISD to close for business on the date of a bid/proposal submission deadline, the bid/proposal closing will automatically be postponed until the next business day McKinney ISD is open, unless Contractor is otherwise notified. The bid/proposal opening time of day shall remain the same.

ADDENDA: Any interpretations, corrections, supplemental instructions or changes to the bid/proposal documents will be issued by an Addenda. Oral and other interpretations or clarifications will be without legal effect.

Deadline: 3/3/2025 02:00 PM (CT) RFP2025-01-633Page 2 of 65 pages

AWARD: McKinney ISD reserves the right to accept or reject any and/or all bids/proposals for any or all products and/or services covered in this bid/proposal request and to waive informalities or defects in bids/proposals or to accept such bids/proposals as it shall deem to be in the best interest of McKinney Independent School District.

It is the intent of the District to award the contract to a single vendor; however, it reserves the right to make awards to multiple vendors offering comparable products or services. The decision to make either a single or multiple awards will be based on the District’s determination of which option provides the best value.

BOARD MEETING: Monday, March 31, 2025

ANTICIPATED AWARD DATE: Tuesday, April 1, 2025

CONTRACT TERM: The successful vendor will enter into a firm/fixed price contract for

Walker-In Cooler(s), Walk-In Freezer(s) and Replacement Parts. The initial contract period shall be effective upon Board approval and be for one (1) year from the date of the award, or upon completion, whichever occurs earlier. McKinney ISD has the option to extend this RFP at the end of the performance period for up to 120 days if determined to be in the best interest of the district to ensure availability of products and/or services. McKinney ISD has the option to issue subsequent RFPs as needed.

Initial Contract Period: April 1, 2025 - March 31, 2026, or upon completion, whichever occurs earlier.

Billing Information

Address: Accounts Payable #1 Duvall McKinney, TX 75069

Phone: (469) 302-4000 Fax: (469) 302-4127

Bid Activities

Pre-Proposal Site Visit 1/27/2025 9:00:00 AM (CT)

A Pre-Proposal Site Visit will be held on Monday, January 27, 2025 at 09:00 a.m. to provide information concerning contract performance requirements or answer any questions regarding the solicitation.

The meeting will be at the following address: (Starting with Eddins Elementary first)

Eddins Elementary School - 311 Peregrine Dr. McKinney, TX 75072

Wolford Elementary School - 6951 Berkshire Rd. McKinney, TX 75072

Walker Elementary School - 4000 Cockrill Dr. McKinney, TX 75072

McNeil Elementary School - 3650 S. Hardin Blvd. McKinney, TX 75070

Scott Johnson Middle School - 3400 Community Ave. McKinney, TX 75071

Failure to attend the Pre-Proposal Site Visit, as well as sign the sign-in sheet, will result in a reduction of evaluation points. All in attendance must check-in with the Front Office Staff using a valid state issued ID card. Late entry to the

Pre-Proposal Site Visit will not be permitted.

Deadline: 3/3/2025 02:00 PM (CT) RFP2025-01-633Page 3 of 65 pages

Bid Attachments

STANDARD TERMS AND CONDITIONS 11.14.2024.pdf View Online

MCKINNEY ISD STANDARD TERMS AND CONDITIONS

Special Terms and Conditions - Equipment.docx.pdf View Online

MCKINNEY ISD SPECIAL TERMS AND CONDITIONS - EQUIPMENT

W9 FORM (REV. MAR 2024).pdf View Online

W9 FORM (REV. MARCH 2024)

1295 Instructions & Example Combined.pdf View Online

FORM 1295 - CERTIFICATE OF INTERESTED PARTIES

FORM SF-LLL - DISCLOSURE OF LOBBYING ACTIVITIES.pdf View Online

FORM SF-LLL - DISCLOSURE OF LOBBYING ACTIVITIES

CIQ BOARD MEMBER INFO & FORM.pdf View Online

FORM CIQ - CONFLICT OF INTEREST QUESTIONNAIRE

DEVIATION COMPLIANCE FORM.docx View Online

EXCEPTIONS/DEVIATIONS COMPLIANCE FORM

Requested Attachments

W9 FORM - TAX PAYER IDENTIFICATION & CERTIFICATION

(Attachment required)

Please upload a completed W-9 Form. The form can be found under the "Attachments" tab. Make sure the tax classification section has been completed properly and the form has been signed and dated before uploading.

1295 FORM - CERTIFICATE OF INTERESTED PARTIES

(Attachment required)

Please upload the completed 1295 Form. You will need to "register" on the TEC (Texas Ethics Commission) website to complete the form. Please make sure to complete the bottom portion of the form before uploading.

CIQ FORM - CONFLICT OF INTEREST QUESTIONNAIRE

(Attachment required)

Please upload the completed Conflict of Interest Form (if applicable). Form and instructions may be found under the "Attachments" tab.

FORM SF-LLL - DISCLOSURE OF LOBBYING ACTIVITIES

(Attachment required)

Please upload the completed Disclosure of Lobbying Activities (Form SF-LLL) (if applicable). Form can be found under the "Attachments" tab.

MWBE/SBE/SLA CERTIFICATE

Please upload your certificate if your company is MWBE/SBE/SLA certified.

EXCEPTIONS/DEVIATIONS

Please upload any exceptions or deviations to this proposal utilizing the Exceptions/Deviations Compliance Form located ion the "Attachments" tab.

CERTIFICATE OF INSURANCE

(Attachment required)

Please upload your certificate of insurance.

MANUFACTURER'S SPECIFICATIONS

(Attachment required)

Please upload the detailed manufacturer's specifications for the item bid in your response.

Deadline: 3/3/2025 02:00 PM (CT) RFP2025-01-633Page 4 of 65 pages https://mckinneyisd.ionwave.net//VendorLanding.aspx?eq=5hb(B)Y!Tv)Efe(Xj_oi5!Kkm(Binc9jw)Gzd(Ud5(U$Vnhx)Sf(Tibl3w!L!G(Krb!M!Of(Oog9p0kps(Pw$X0w)W_$X0b$E)L6$F-u(Wg!Qjfk8$E-!Yw(Y!P$Xjnze(F!E!Akc$E!Zqcv)Tog85(Zkh8vn)Q https://mckinneyisd.ionwave.net//VendorLanding.aspx?eq=q840cxkhg_(F4x)Eymf!Kcpr-x)L_p1ui-7ow(C5me!H(Ohx4hf)G(Z(O$L)Q(D!Rxwlo!Tb9(Cw3!Ay!Cdkc1g(X(Oi$X)Br$Wn$I)Sw4$Zp(A!N$P!Nm-(D!Y$Ud65(Yhhxco!Nc8_!X3$P!Z)Ypyope(O)O)A https://mckinneyisd.ionwave.net//VendorLanding.aspx?eq=6d-ku-g4(H5109xp)Qon!Lc)R(Y!Qs(Ps)Ya6l(Tb(E$Klqj)Hmqkvrreg(Wp7b!F5!V(B5u!M!E(K(En$If)Zxe1$Hiy$Rne)J$P(Nv!S$Of!Z(Ej!J1n7$W(Y7g!Quh!I31p5$R9!R)F(Wuv)Mec)L$Zk!K09g9$A https://mckinneyisd.ionwave.net//VendorLanding.aspx?eq=r(M)I!F)Swr(C!F3(Hpi8kkg)M(Jtrlf8(Uf$Ck43)U(Ev3!I_8-q!Hl(A1!Bx6!C-(F46w(Q-3$Z)A$Gq$N)F$V(Nk!Q$M48!Q7-7_71sgd_y-i5(Ktfr!Df$C(F!J!R$L3!Phemqa)Vb(R_x)K)V$Wv!Fhn$X$Uxdg https://mckinneyisd.ionwave.net//VendorLanding.aspx?eq=a(Tfc)Jgk!Ty)V(K!Bs(B)He__w(Gw(Q$Z)Zlr(Z!O_4k!Smnl(Axb42!E!Wb(U_n(Ue$Ct9j)Cwejgbtqkaf6$B$Fzp9ub4gp)E$Pj(Dt!Omz$I!N(Sgzq!H$Cnzi(Y!Tbx!H$J-hr!M)W(B2)X)W2$M0h!B_j$T$Q(Q https://mckinneyisd.ionwave.net//VendorLanding.aspx?eq=(N1)C!K)Le15(Ol9iod!A8xdcyuz(Lz)Skt3(Wyp(Tza$L)S(Tz!B2ne!V5s(T7br!Sy!Yn(H4cy(T$Si)R0w7$Ig$C0)O$Qw(Ear7gb!K$I!A42ge(S!Zr$E8(Wmu!P5c!E58$Lzfs!Ukz)Hh(Qom0-_)V)Wm$Rw https://mckinneyisd.ionwave.net//VendorLanding.aspx?eq=a(E)Rwr!Z)C(J!K(R)N(Oxn(U$X21u8k1)Io(Wr6!Gpmb!G5_(E!O!Axxa(Vu(J-$Ij)F$Mp$H3)T95fni$Xz-s0(Ktw!W8z$S!A(Sh!Rk$Q(I!O!Aa$M!By)Bwz(Ol)Xt)E$A!I$C$D(Y!Yi-(I(O$P-fb)Zc!Rvh5(K$To)Xy-(Xg

PRICING

(Attachment required)

Please upload any documents detailing the pricing for item(s)/service(s) specified.

ALTERNATE PRICING AND MANUFACTURER'S SPECIFICATIONS

If you bid/proposed an alternate, please upload the detailed pricing and manufacturer's specifications for the item bid/proposed in your response.

FOOD/PRODUCT RECALL AND HACCP PROCEDURES

Please upload your food/product recall and HACCP procedures.

Bid Attributes

1 SECTION 1

INTRODUCTION & BID REQUIREMENTS

2 ATTACHMENTS, ATTRIBUTES & QUESTIONS

ATTACHMENTS

Please make sure you read the Standard Terms and Conditions and Special Terms and Conditions that are listed under the "ATTACHMENT" tab.

This tab may also contain additional documents that may need to be completed and uploaded as a required

"RESPONSE ATTACHMENT".

ATTRIBUTES

This bid/proposal contains "ATTRIBUTES" that may contain notes, but most will require a response. Any question that "requires" a response and does not pertain to your company, please enter N/A (not applicable).

Please select each page on the right hand side of the bar below (at the bottom of this list of attributes) in order to view the next page of attributes.

RESPONSE ATTACHMENTS

Make sure to upload all "required" documents and forms to the "RESPONSE ATTACHMENTS" tab.

QUESTIONS

Any questions pertaining to the bid/proposal procedures should be posted in the "QUESTIONS" tab.

Deadline: 3/3/2025 02:00 PM (CT) RFP2025-01-633Page 5 of 65 pages

3 EVALUATION CRITERIA - POINTS

POINTS CRITERIA

30 POINTS PRICE

(Initial Purchase Price - Proposed price as provided on the line item tab)

15 POINTS QUALITY OF GOODS & SERVICES

(Quality of products as demonstrated by manufacturer's technical specifications submitted with vendor's online response)

15 POINTS DEMONSTRATION OF RESPONSIBILITY

(Financial condition/stability based on ability to meet bonding requirements)

10 POINTS LEAD TIME/DELIVERY DATE/TIMEFRAME

(The proposed lead time/delivery date/timeframe)

10 POINTS WARRANTIES OFFERED

(Based on details submitted regarding warranties on offered products.)

10 POINTS SITE-VISIT ATTENDANCE

(Did the company attend the site visit - Yes/No)

5 POINTS REFERENCES

(Did the company provide complete information for required minimum number of references - Yes/No)

5 POINTS EXTENT TO WHICH GOODS OR SERVICES MEET DISTRICT'S NEEDS

(Offered products match specified products)

TOTAL POINTS: 100

McKinney ISD evaluates Bids/Proposals on the basis of best value to the District which may consider price and non-price criteria. Please refer to the terms & conditions for additional information on evaluation criteria.

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4 FIRM/FIXED PRICING

All prices in Vendor’s proposal shall remain fixed and firm for the Term of the Agreement unless otherwise specified in the Special Terms and Conditions and/or bid table.

a. Pricing shall encompass the costs of the product’s receipt into storage, distribution, financing and profit, production losses, analyses cost, waste, labor, overhead, and transportation costs of the specified products.

b. Proposal price must be submitted on cases and/or units of quantity specified and extended to show total if applicable.

c. Case price must be shown “to the penny” in two decimals unless otherwise indicated. Unit price must be shown with a minimum of four decimal places.

d. In the event of discrepancies in extension, the unit price will govern.

e. Vendors are encouraged to provide pricing on specified items, even if no estimated quantity is provided.

f. A discount from List quotations may be requested, but not part of the evaluation.

g. Vendor shall not include sales tax with any pricing. The District is exempt from Federal Excise Tax, State Tax, and Local Tax. Tax exemption certificates will be furnished upon request.

h. The Vendor agrees, upon issuance and acceptance of this proposal, to furnish awarded items or services at the bid price and all other conditions contained in all Terms and Conditions, Specifications, and bid documents within this RFP.

i. Title to all supplies and equipment shall be passed to the District upon receipt except where hidden defects or other bid requirements or specifications are not met.

j. The District retains the right to request Special Pricing for the remaining contract period for products or services not specifically identified in this Proposal but purchased with sufficient movement as identified by mutual agreement of the Vendor and the District.

k. The District may structure a bid with “Pricing” or “Delivery” areas to allow for fair and open competition between large and small companies. Vendors must have the ability to reach all delivery locations in the stated area if Vendor decides to submit a response for that area.

5 SECTION 2

FEDERAL CERTIFICATIONS (USDA-CHILD NURTRITION CONTRACTS)

6 ALCOHOLIC BEVERAGE AND TOBACCO-FREE CAMPUS POLICY

The Vendor agrees that it will abide by and implement the District Alcoholic Beverage and Tobacco-Free Campus Policy, which prohibits the use of alcoholic beverages and tobacco products, at any time, on District-owned or leased buildings, on District property and in District vehicles. The Vendor shall procure signs stating, “Alcoholic beverage and tobacco use is prohibited” and shall ensure that these signs are prominently and always displayed in all entrances to school property.

Alcoholic Beverage & Tobacco-Free Policy: 21 CFR/Chapter I/Subchapter K/Part 1140/Subpart A/1140.1

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

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7 BREACH OF CONTRACT TERMS, SANCTIONS AND PENALTIES

Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 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.

Provisions regarding Proposer default are included in the Contract Terms and Conditions. Any Contract award will be subject to such Contract Terms and Conditions, as well as the Contract entered between the District and Proposer which must be consistent with and protect the District at least to the same extent as the Contract Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to the administrative, contractual, legal remedies for violation or breach of the Agreement, and providing sanctions and penalties, which are included in the Contract Terms and Conditions.

Violation or Breach of Contract Terms: 2 CFR/Subtitle A/Chapter II/Part 200/Appendix II to Part 200 (A)

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

8 BUY AMERICAN PROVISIONS

This Certification is required for all items domestically grown and processed in the United States, which exceeds 50% domestic end product. Proposer is to provide certifications for all products derived from domestic products to include Fruit, Vegetables, Grains, Legumes and Oil based products. Failure to certify such items may disqualify award of such line item.

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

Buy American Certification: 7 CFR/Subtitle B/Chapter II/Subchapter A/Part 2210/Subpart E/210.21(D)

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

Deadline: 3/3/2025 02:00 PM (CT) RFP2025-01-633Page 8 of 65 pages https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?appendix=Appendix+II+to+Part+200 https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-E/section-210.21#p-210.21(D)

9 LIMITED EXCEPTIONS TO BUY AMERICAN REQUIREMENT

Documentation is required for all food items that are not produced and processed in the U.S. with at least 51% of its agricultural food components, by weight or volume, from the U.S.

USDA Codified in regulations the two limited exceptions when non-domestic foods may be purchased by school food authorities. USDA also added to the first exception the option to use the 48 CFR 25.104 Non-available articles list, as a list of excepted items.

Per USDA SP Memo 23-2024, the final rule codifies the two limited exceptions as follows:

a. The product is listed on the Federal Acquisitions Regulations (FAR) Non-available articles list found at 48 CFR 25.104 and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; or

b. Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

BYRD ANTI-LOBBYING

Instructions: To be completed and submitted Annually by 1) any child nutrition entity receiving Federal reimbursement more than $100,000 per year and 2) potential or existing contractors/vendors as part of an original proposal, contract renewal or extension when the contract exceeds $100,000.

Applicable to Grants, Sub-grants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.

The Vendor certifies, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions: https://www.gsa.gov/Forms/TrackForm/33144.

c. The signer shall require that the language of this certification be included in the award documents for all covered sub awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub recipients shall certify and disclose accordingly.

Byrd Anti-Lobbying: 2 CFR/Subtitle A/Chapter II/Part 200/200.450 and 2 CFR/Subtitle A/Chapter II/Part 200/Appendix II to Part 200 (I)

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

Deadline: 3/3/2025 02:00 PM (CT) RFP2025-01-633Page 9 of 65 pages https://www.ecfr.gov/current/title-48/chapter-1/subchapter-D/part-25/subpart-25.1/section-25.104

CIVIL RIGHTS/DISCRIMINATION

It is the policy of the District not to discriminate based on race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, and privileges of employment, or a matter directly or indirectly related to employment, because of age (except when based on a bona fide occupational qualification), color, disability national origin, race, or gender.

Vendor further agrees that every subcontractor entered into for the performance of this Agreement 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 Agreement.

Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Program Activities: Applicable to contracts using Federal funds - Prohibits the discrimination to all eligible program participants on a basis of age, color, disability, national origin, race, and gender.

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

Deadline: 3/3/2025 02:00 PM (CT) RFP2025-01-633Page 10 of 65 pages https://www.hud.gov/program_offices/fair_housing_equal_opp/title_vi_civil_rights#:~:text=Title%20VI%20of%20the%20Civil%20Rights%20Act%20of%201964%20provides,activity%20receiving%20federal%20financial%20assistance.

https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973 https://www.dol.gov/general/topic/discrimination/agedisc#:~:text=The%20Age%20Discrimination%20Act%20of,that%20meet%20the%20Act%27s%20requirements.

https://www.ecfr.gov/current/title-7/subtitle-A/part-15 https://www.ada.gov/

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL 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)

The responding Vendor agrees as follows:

a. To comply with all the requirements of the Clean Air Act and Federal Water Pollution Control Act respectively, relating to inspection, monitoring, entry, reports and information as well as other requirements specified in the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under before the award of this contract.

b. That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing.

c. To use his/her best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is being carried out.

d. To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph.

The Terms in this clause have the following meanings:

a. The term "Air Act" means the Clean Air Act, as (42 U.S.C. 7401–7671q).

b. The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251–1387).

c. The term "Clean Air Standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in the Clean Air Act, an approved implementation procedure or plan under the Air Act.

d. The term "Clean Air Standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharge by the Environmental Protection Agency or by a State under an approved program, as authorized by the Water Act or by local government to ensure compliance with pretreatment regulations as required.

e. The term "Compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an Air or Water Pollution Control Agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.

f. The term "facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or sites of operations, owned, leased, or supervised by responding Vendor.

Clean Air and Water Act: 2 CFR/Subtitle A/Chapter II/Part 200/Appendix II to Part 200 (G)

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

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CONTRACT FOR WORK HOURS AND SAFETY STANDARDS ACT

2 CFR PART 200 (E)

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 worked 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 and transmission of intelligence.

Pursuant to Federal Rule (E) above, when federal funds are expended by McKinney ISD, the 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 McKinney ISD resulting from this process.

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

COOPERATIVE AGREEMENTS

Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity that, consistent with 31 U.S.C. 6302-6305:

a. Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non-Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal Government or pass-through entity's direct benefit or use;

b. Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award.

c. The term does not include:

1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or

2) An agreement that provides only:

a) Direct United States Government cash assistance to an individual

b) A subsidy

c) A loan

d) A loan guarantee, or

e) Insurance.

Cooperative Agreement: 2 CFR/Subtitle B/Chapter XI/Subchapter A/Part 1108/Subpart B/1108.110

YES NO

(Required: Check only one)

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DAVIS-BACON ACT

2 CFR PART 200 (D)

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

Pursuant to Federal Rule (D) above, when McKinney ISD 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.

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION FOR COVERED

CONTRACTS

US Department of Agriculture: AD-1047 The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552(a), as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. § 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 0.25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)

Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Assistant Secretary for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W., Stop 9410, Washington, DC 20250-9410, or call toll-free at (866) 632-9992 (English) or (800) 877-8339 (TDD) or (866) 377-8642 (English Federal-relay) or (800) 845-6136 (Spanish Federal-relay). USDA is an equal opportunity provider and employer.

Debarment and Suspension: 2 CFR/Subtitle A/Chapter II/Part 200/Appendix II to Part 200 (H)

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Instructions for Certification of Debarment and Suspension By signing and submitting this document, the prospective primary participant is providing the certification in accordance with these instructions.

a. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, the failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

b. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

c. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

d. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

e. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

f. The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

YES NO

(Required: Check only one)

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DOMESTIC PREFERENCES FOR PROCUREMENT

2 CFR 200.322 (L)

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 sub-awards including all contracts and purchase orders for work or products under this award.

"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.

"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.

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

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DRUG-FREE WORKPLACE

This Drug-Free Workplace Certification form is required from all successful Proposers pursuant to the requirements mandated by Government Code sections 8350 et. seq., the Drug-Free Workplace Act of 1990. The Drug- Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any State agency must certify that it will provide a drug-free workplace by performing certain specified acts. In addition, the Act provides that each contract or grant awarded by a state agency may be subject to suspension of payments or termination of the contract or grant, and the Vendor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred.

Pursuant to Government Code section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug-free workplace by doing all the following:

a. Publishing a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace, and specifying actions which will be taken against employees for violations of the prohibition.

b. Establishing a drug-free awareness program to inform employees about all the following:

1) The dangers of drug abuse in the workplace.

2) The person’s or organization’s policy of maintaining a drug-free workplace.

3) The availability of drug counseling, rehabilitation, and employee-assistance programs; and

4) The penalties that may be imposed upon employees for drug abuse violations.

c. Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

Proposer must agree to fulfill the terms and requirements of Government Code section 8355 listed above and will

(a) publish a statement notifying employees concerning the prohibition of controlled substance at the workplace, (b) establish a drug-free awareness program, and (c) require each employee engaged in the performance of the contact be given a copy of the statement required by section 8355(a) and require such employee agree to abide by the terms of that statement.

Proposer understands that if the District determines vendor has either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of section 8355, that the contract awarded herein is subject to termination, suspension of payments, or both. Proposer further understands that, should they violate the terms of the Drug-Free Workplace Act of 1990, they may be subject to debarment in accordance with the requirements of sections 8350 et. seq.

By agreeing to the Drug-Free Workplace Act, Proposer acknowledges they are aware of the provisions of Government Code sections 8350 et. seq. and hereby certify they will adhere to the requirements of the Drug-Free Workplace Act of 1990.

Drug-Free Workplace: 38 CFR/Chapter I/Part 48/Subpart F/48.635

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

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E-VERIFY

Employment Eligibility Verification: (as amended at 74 FR 2731) requires, as applicable, a condition for the award of any Federal contract at $250,000 or greater, for Vendor to certify they are enrolled in, and is currently participating in, E-Verify or any other equivalent electronic verification of work authorization program operated by the U.S. Department of Homeland Security and does not knowingly employ any person who is an unauthorized alien in conjunction with the contracted services. A breach in compliance with immigration laws and regulations shall be deemed a material breach of the contract and may be subject to penalties up to and including termination of the contract.

Declaration

1. Proposer has reviewed 48 CFR 52.222-54 and has sufficient knowledge of the personnel practices of the Business Entity to execute this Declaration on behalf of the Business Entity.

2. The Business Entity has legal counsel and has had the opportunity to consult that counsel, and accordingly it has not relied on the Governmental Entity's advice or counsel in complying with the legal requirements addressed in this Declaration.

3. The Business Entity is enrolled in and uses the federal E-Verify program to verify the eligibility to work of all newly hired employees of the Business Entity. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http:// www.dhs.gov/E- Verify.

4. The Business Entity does not knowingly employ applicants or retain in its employ a person whose immigration status makes them ineligible to work for the Business Entity.

5. The Business Entity has verified that any subcontractors utilized to deliver services to the Governmental Entity through the Business Entity's contract with the Governmental Entity use the E-Verify system and do not knowingly employ persons whose immigration status makes them ineligible to work for the subcontractor.

6. The authorized agent of the Business Entity acknowledges notice that 48 CFR 52.222-54 requires that the Business Entity's compliance with the terms of this Declaration be incorporated into the Business Entity's contract for services with the Governmental Entity, and if the Business Entity fails to remedy a violation of this provision of its contract for services with the Governmental Entity within the thirty (30) day period prescribed in 48 CFR 52.222- 54, violation of this term of that contract for services requires termination of that contract and that the Business Entity is liable to the Governmental Entity for actual damages.

This acknowledgement is declared under penalty of perjury, a Class D Felony, that the foregoing representations are true.

E-Verify: 48 CFR/Chapter 1/Subchapter H/Part 52/Subpart 52.2/52.222-54

DOES VENDOR ACKNOWLEDGE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO N/A - PROPOSED CONTRACT VALUE IS LESS THAN $250,000

(Required: Check only one)

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EQUAL OPPORUNITY EMPLOYMENT

Federal affirmative action regulations mandate that Federal contractors include an Equal Opportunity (EO) clause in all contracts, subcontracts, and purchase orders. The intent is to make the nondiscrimination and affirmative action provisions of Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, the Vietnam Era Veterans’ Readjustment Assistance Act, and the Jobs for Veterans act flow down to all tiers of contractors.

This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or veteran status.

Equal Opportunity Employment: 2 CFR/Subtitle A/Chapter II/Part 200/Appendix II to Part 200 (C)

DOES VENDOR AGREE? -- THIS IS YOUR ELECTRONIC SIGNATURE

YES NO

(Required: Check only one)

FELONY CONVICTION NOTIFICATION

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 Purchaser 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 Purchaser may terminate a contract with a person or business entity if the Purchaser determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the…