ESBD_474651_1765380022922_E-Rate Category 1.pdf

Request for Proposals

06-122502AS

E-Rate Category 1

Date Event

December 8, 2025 Release Date

December 10 & 17, 2025 Advertise in Hays Free Press

December 16, 2025 Questions Due @10:00 am CST

Dec. 22, 2025—Jan. 5,2026 District Office Closed for winter break

January 15, 2026 RFP Closes at 11:00 AM CST

Questions regarding this bid must be submitted via e-mail to the proposal con-tact listed below. E-mail subject line should read: Question—RFP# 06-122502AS

E-Rate Category 1.

Proposals must have a cover page with vendor’s name and contact infor-mation

Proposals must be submitted to Hays CISD Purchasing Department—Anston

Shockley, 21003 IH 35, Kyle, TX 78640. e-mail will not be accepted.

Proposals must be received on or before the opening time and date noted above. Proposal Contact:

Anston Shockley

Senior Buyer

512.268.2141 ext. 46035

Anston.Shockley@hayscisd.net

HAYS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

E-Rate Category 1

RFP #06-122502AS

OPENING 1-15-2026 @ 11:00 A.M.

1. SCOPE

1.1. Hays Consolidated Independent School District (HCISD) requests proposals for Category

One Network Equipment to replace end of life equipment for their current leased dark fiber connections.

1.2. HCISD will accept responses either by mail or hand carried until 11:00 a.m., January 15, 2026. Responses received after the opening date and time will not be accepted and will be returned unopened to vendor. One (1) clearly defined original and two (2) clearly defined copies (one of which is in electronic format - flash drive) of the response are required for evaluation purposes. Electronic copy must be in a Microsoft Office format (i.e.

Word, Excel) or a searchable PDF document. Offers may be hand carried or mailed in a sealed envelope/package clearly marked with the offering company's name, return address, the proposal number and opening date and time, and addressed to: Hays

Consolidated Independent School District, PURCHASING DEPARTMENT, Anston Shockley, 21003 IH 35, Kyle, TX 78640.

2. CONTRACT PERIOD

2.1. Due to anticipated supply chain delays, HCISD prefers a multi-year agreement with an initial award term of April 1, 2026 – September 30, 2028.

3. OPTION TO RENEW

3.1. HCISD may, at its option and with the approval of the contractor, extend the period of this agreement up to one (1) additional optional renewal to align with an extended E-Rate service delivery deadline is also acceptable through September 30, 2029.

3.2. This extension would contain all terms and conditions and rates of the original contract, contingent upon availability of funds. The Contractor shall be notified in writing by the

Buyer of HCISD’s intention to extend the contract period at least thirty (30) days prior to expiration of the original contract period.

4 METHODS OF PROCUREMENT: Bidder to indicate acceptable methods of procurement.

Method Yes No

Separate Purchase Orders

Blanket Purchase Orders

Procurement (Credit) Cards

District Check

5 INDEMNIFICATION: The contractor shall save and keep harmless and indemnify HCISD against any and all liability, claims and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any incident to or arising out of occupancy, use, service, operations or performance of work in connection with this contract, resulting in whole or in part from the negligent acts or omissions of the Vendor.

INSURANCE:

6.1 General public liability insurance covering all duties, services, or work to be performed under the contract; for contracts up to $500,000, insurance shall provide limits of $500,000 each occurrence, $500,000 products/completed operations aggregate, $500,000 personal injury liability, $50,000 property damage liability, $5,000 medical payments coverage, $1,000,000 policy aggregate.

Required automobile liability insurance $250,000 per person, $500,000 per accident for bodily injury, and $100,000 per accident for property damage.

The contractor must also maintain Worker's Compensation insurance providing the statutory benefits for the State of Texas and employer's liability in the amount of $500,000 for each person, $500,000 in the aggregate and $500,000 for each person for occupational disease.

Hays Consolidated Independent School District shall have no responsibility of liability for such insurance coverage.

Vendors must provide proof of insurability with the response. Acceptable proof of insurability will be a certificate of insurance or a letter from the insurance carrier (not the insurance agent). The awarded vendor must provide a certificate of insurance compliance within 15 calendar days after notification of the award.

Each policy of required insurance shall provide for 30 days notice of cancellation to Hays

Consolidated Independent School District and shall name its Board of Trustees as additional insured and include the following provision:

"It is a condition of this policy that the insurance carrier shall furnish written notice to the

HCISD Purchasing Department Office, 21003 IH 35, Kyle, TX 78640, 30 days in advance of the effective date of any reduction in, or cancellation of, this policy."

7. TERMINATION

7.1. FOR DEFAULT: The performance of work under the contract may be terminated by HCISD in accordance with this clause, in whole or in part, in writing, whenever HCISD shall have determined that the Vendor has failed to meet the performance requirements of the contract. HCISD has the right to terminate for default if the Vendor fails to make delivery of the goods or perform the work, or if the Vendor fails to perform the work within the time specified in the contract, or if the Vendor fails to perform any other provisions of the contract.

7.2. FOR CONVENIENCE: HCISD may terminate the contract at its convenience with thirty (30) day advance written notice to the Vendor. In the event of such a termination by HCISD, HCISD shall be liable for the payment of all approved work performed prior to the termination.

7.3. In the event of termination, HCISD reserves the right to re-award this contract to the next low responsive bidder.

8. BOND REQUIREMENTS –

8.1. Performance bond in the amount of the contract is required in the event that the contract is in excess of $100,000.

8.2. Payment bond in the amount of the contract is required in the event that the contract is in excess of $25,000.

9. GENERAL TERMS AND CONDITIONS

9.1. Inquiries and requests for information affecting the proposal must be in writing and shall be directed to Anston Shockley via email (anston.shockley@hayscisd.net). To provide HCISD sufficient time to adequately prepare responses to vendor inquiries, all questions must be submitted by 12-16-2025 by 10:00 a.m. CST. Contact with HCISD personnel other than

Anston Shockley or his designee regarding this solicitation may be reason for elimination from the selection process. Any prospective respondent detecting a conflict or ambiguity in the proposal should notify the Buyer, in writing, setting forth the grounds of the alleged conflict or ambiguity and requesting the issuance of a clarifying addendum. If HCISD believes that clarification is necessary or proper, a clarifying addendum will be distributed to all prospective vendors. HCISD will not be bound by any oral or other informal explanation of the requirements of the proposal documents.

9.2. Provide detailed explanations of any variances or exceptions the respondent has with any requirement or term specified in this proposal and thoroughly explain any alternate service offered.

9.3. Delivery dates – respondents must specify the projected delivery date as part of the proposal response. Delivery of supplies must be in compliance with the Bid specifications.

9.4. HCISD is not responsible for any costs incurred by the Vendor for the preparation or distribution of the proposal.

9.5. Respondents or other authorized representatives are expected to fully inform themselves as to all conditions, requirements, and specifications before submitting offers. Failure to do so will be at the respondent's own risk.

9.6. PROPRIETARY INFORMATION: Proprietary information if any submitted to HCISD in response to this proposal should be identified as such. Any information identified as proprietary will be handled in accordance with the provisions of the Texas Open Records Public

Information Act as it applies to such information.

9.7. HCISD reserves the right to negotiate all elements, which comprise the Respondent's offer to ensure the best possible consideration, be afforded to all concerned and to reject any and all offers and to re-solicit for offers in such an event.

9.8. Interlocal Agreements with other School Districts through the Central Texas Purchasing

Alliance

9.8.1 A. Membership. Hays CISD 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.

mailto:anston.shockley@hayscisd.net http://www.txctpa.org/ http://txctpa.org/

9.8.2 B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by Hays CISD 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.

9.8.3 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.

9.8.4 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 and independently of the originating member district’s decision to execute such renewal options on the original contract.

9.9 Assignment: Contractor shall not assign or sub-contract this agreement, its obligations or rights hereunder to any party, company, partnership, incorporation or person without the prior written specific consent of HCISD.

9.10 Disclosure of Criminal Histories: Pursuant to Texas Education Code Section 22.083, as passed during the 80th(R) Texas Legislative Session as Senate Bill No. 9, individuals that come in contact with students shall be fingerprinted and the person's national criminal history record information researched to determine the individual's criminal history. "National criminal history record information" means criminal history record information obtained from the Texas

Department of Education under Subchapter F, Chapter 411, of the Texas Government Code

(TGC), and from the Federal Bureau of Investigation under Section 411.087, TGC.

9.11 Prior to commencement of any work under this Contract, the Contractor shall provide HCISD with a list of all Contractor employees and subcontractor employees who have been arrested for, convicted of, or received deferred adjudication for any criminal conduct, except misdemeanor traffic violations. The Contractor shall ensure that no worker with a criminal history performs work for the District without first notifying the District. HCISD reserves the right of first refusal to prohibit such persons from entering District premises.

9.11.1 Criminal Background Checks: All contractors of Hays CISD must complete the contracted services background check form and have a background check on file with HCISD. The contract must complete this before work can begin on any Hays CISD campus. If any of the

Contractor's employees, representatives or subcontractors refuse to submit to a background check, or if a background check reveals a criminal history, such persons may be refused access to District premises; however, such refusal shall not relieve the Contractor of its obligations as specified in this Contract. Background Check Form

9.12 Requirements of Texas Senate Bill 9: Any company that contracts with school districts or charters may be subject to the requirements of Senate Bill 9 as codified in Texas Education

Code §22.0834, a copy of which is included as Attachment A of this solicitation.

9.13 Subcontract Agreements: If subcontractors are utilized by the Contractor, each subcontract agreement must preserve and protect the rights of HCISD with respect to the terms and conditions of this Contract.

9.14 Evaluation Criteria:

The responses will be evaluated on the following criteria and will be based upon the combination of criteria that offer the greatest value. The order of the following criteria in no way indicates the order of importance of the criteria.

▪ Purchase Price of eligible goods/services

▪ The reputation of the vendor and of the vendor’s goods and services

▪ The quality of the vendor’s goods or services

▪ The extent to which the goods or services meet the district’s needs

▪ The vendor’s past relationship with the district

▪ The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses

▪ The total long-term cost to the district to acquire the vendor’s goods or services

▪ The location of the parent company or how many employees they have in the state of Texas

▪ Any other relevant factor specifically listed in the request for bids or proposals

9.15 The District reserves the right to award the contract to one (1) single Vendor or Multiple

Vendors.

9.16 Invoices: In order to receive payment for goods or services furnished to HCISD, invoices for each purchase order must be submitted to the HCISD Business Office, Attn: Accounts Payable, at 21003 IH 35, Kyle, TX 78640.

9.16.1 All invoices must clearly indicate the following information:

▪ originating purchase order number

▪ complete description of goods or services furnished, including unit prices, extended prices and quantities delivered

▪ project name

▪ date of issuance

▪ delivery destination

▪ Funding Request number (FRN)

▪ all applicable prompt payment discount terms

9.16.2 HCISD may require individual invoices per campus to facilitate ease in the payment process.

9.17 The Contractor shall not bill more than one purchase order on a single invoice. The purpose of this requirement is to reduce the administrative burden associated with verifying charges and remitting invoices. Failure to comply with these requirements may result in delayed payments.

https://docs.google.com/forms/d/11eQL51sc_ueO3Vj3Rc6swIISiUe3fPTYorZCS3nGmI0/edit

9.18 Payment terms: HCISD will make payment on a Net 30-day basis. The payment term shall begin on the date the deliverables are inspected, delivered and accepted by HCISD, or on the date a correct invoice is received by HCISD, whichever is later. Bidders are welcome to quote a discount for early payment; however, prompt payment discounts will not be considered as an evaluation criterion. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term.

9.19 Hays CISD is not liable or responsible for orders accepted without a purchase order.

10 SPECIFICATIONS

Requirements for Switches:

1. All equipment must support zero touch onboarding to quickly bring the new hardware online and be fully supported under the same centralized management platform.

2. Switching hardware must be capable of running different operating systems enabling multiple deployment use cases (e.g. fabric or traditional stacked design) through a simple change of software or feature set. Please describe the capabilities of the switch.

3. Fabric-based capabilities must be standards based supporting IEEE 802.1aq Shortest

Path Bridging (SPB), as well as IETF RFC 6329 to extend fabric services to the network edge.

4. Must support embedded features to ensure security of the network, such as hyper segmentation and stealth networking. Please describe the differentiating security features of your fabric.

5. Switch options must support 48 x 1Gb/10Gb/25Gb SFP28 fiber ports and 8 x 40Gb/100Gb

QSFP28 fiber ports.

The vendor will provide the following equipment/licenses:

Proposals are requested for the makes/models specified or equivalent. Offers containing alternative makes/models are required to submit product specifications and documentation to establish that the equipment is equivalent to the requested solution. HCISD will be the arbiter of whether the proposed solution is functionally and technically equivalent to the requested solution.

Quantities requested are the HCISD’s best estimate and may be adjusted as recommended by the offeror. HCISD reserves the right to increase or reduce quantities and buy some, all, or none of the listed equipment.

Equipment Type Make Model Quantity Data Distribution Extreme Networks or Equivalent 7520-48Y-8C-AC-F 13 License Extreme Networks or Equivalent XCIQ-PT075-C-EW-5YK12 13 Racks Extreme Networks or Equivalent XN-2P-RKMT299 13 Power Cord Extreme Networks or Equivalent 10061 26

Transceiver Extreme Networks or Equivalent 10403 48 Transceiver Extreme Networks or Equivalent 100G-ER4LT-QSFP40KM 8 Transceiver Extreme Networks or Equivalent 10401 2 Transceiver Solid Optics or Equivalent EXT-SFP-25G-BX27U33-40-SO 9 Transceiver Solid Optics or Equivalent EXT-SFP-25G-BX33D27-40-SO 9

Installation of equipment will be done by the district.

• Thirteen (13) 7520-48Y-8C-AC-F with two AC PS, six F-B fans

• Thirteen (13) XCIQ-PT075-C-EW-5YK12 ExtremeCloud IQ Pilot with AI Expert; ExtremeWorks Right-to-Use

Subscription and TAC OS for one Tier D device for 5 Years (US K-12)

• Thirteen (13) XN-2P-RKMT299 2-Post NEBS Kit SLX/VSP/X695/7000/8000

• Twenty-Six (26) power cords - 10061

• Forty-Eight (48) 100G LR4 QSFP28 10km

• Eight (8) 100G ER4-lite QSFP28 40km

• Two (2) 100G SR4 QSFP28 100m

• Nine (9) SFP 25G, Bidi, 1330/1270, 40km/18dB over SMF, LC simplex D:1330/1270nm

• Nine (9) SFP 25G, Bidi, 1270/1330, 40km/18dB over SMF, LC simplex U:1270/1330nm

ADDRESSES FOR SITES:

Please see attachment C for site locations

E-Rate Specific Considerations/Information

Licensing for new equipment is often considered by USAC to have Basic Maintenance of Internal Connections or Managed Internal Broadband Services components, which is the reason BMIC & MIBS are listed on this Form 470.

Per USAC E-Rate rules, “cost of eligible services” will be the highest valued criterion in the evaluation process;

however, other criteria with a lesser value may also be considered.

Service providers proposing to temporarily loan equipment for product demonstration and/or evaluation purposes are required to clearly state that such loans are of limited duration. Product demos extending beyond thirty (30) days must be explicitly authorized by both parties and provided at a fair market rate.

By submitting a proposal on the requested services herein, the vendor certifies its proposed services and/or products comply with Part 47 Section 54.9 and 54.10 of the FCC rules which prohibits the sale, provision, maintenance, modification, or other support of equipment or services provided or manufactured by Huawei, ZTE, or any other covered company posing a national security threat to the integrity of communications networks or the communications supply chain. See https://www.usac.org/about/reports-orders/supply-chain/ for more details.

As required by Section 54.500(f) of Part 47 of the Code of Federal Regulation all bids in response to this RFP must offer the lowest corresponding price (LCP) which is defined as the lowest price that a service provider charges to nonresidential customers who are similarly situated to a particular E-Rate applicant (school, library, or consortium) for similar services. See the following for more information on the requirements relating to LCP:

https://www.usac.org/e-rate/service-providers/step-2-responding-to-bids/lowest-corresponding-price/.

Additional Considerations/Information

All submitted pricing should meet or exceed State of Texas DIR contracted prices for like services.

HCISD reserves the right to award all, part or none of the services set forth in this procurement. This procurement in no manner obligates HCISD until a valid signed contract and/or valid Purchase Order is executed.

https://www.usac.org/about/reports-orders/supply-chain/ https://www.usac.org/about/reports-orders/supply-chain/ https://www.usac.org/e-rate/service-providers/step-2-responding-to-bids/lowest-corresponding-price/

After final contract is negotiated, approved, and awarded, all proposal documents pertaining to this procurement will be open to the public, except for material which is proprietary or confidential. HCISD will not make public any pages of a proposal on which the Offeror has stamped or imprinted “Proprietary” or “Confidential” subject to the following requirements. Proprietary or confidential data shall be readily separable from the proposal to facilitate eventual public inspection of the non-confidential portion of the proposal. The price of products offered, or the cost of services proposed shall not be designated as proprietary or confidential information.

Subject to contract restrictions, services may be reevaluated for cost-effectiveness at any time during the life of the agreement.

Offerors proposing equipment whose prices may increase depending upon new U.S. government tariffs imposed on imports are encouraged to (a) identify such products in their offers, and (b) propose an acceptable methodology for limiting price adjustments over the life of the contract.

By submitting a proposal, the Offeror certifies that no relationship exists between the Offeror and HCISD that interferes with fair competition or is a conflict of interest; and no relationship exists between such propose and another person or firm that constitutes a conflict of interest that is adverse to HCISD.

11 BID PRICING: Bidders shall submit bid pricing, delivery schedules, and warranty information, as applicable, in the required pricing sheet entitled Attachment B Pricing Sheet. Prices shall be inclusive of delivery, assembly, and all other applicable fees. If calculation errors produce an inaccurate total price for any item in the Vendor’s response (e.g., multiplying the unit price by an incorrect quantity), the unit price shall prevail.

12 CERTIFICATION

By my signature below, I certify that this offer meets or exceeds the specifications of this RFP.

AUTHORIZED SIGNATURE DATE _

PRINTED NAME TITLE

VENDOR INFORMATION

Vendor Identification and Contact Information (Attach additional information as needed)

Company Name:

Address:

Phone:

Fax:

Contact Person:

Title:

Email:

Company Profile:

______ Year Incorporated/Organized/Started

______ Corporation

______ Partnership

______ Sole Proprietorship

______ Other: _________________________________

______ HUB/MBE/WBE (#_______________________)

______ Total Number of Employees

REFERENCES

List references (minimum of three) where you have similar contracts in place. Special attention should be given to references from similar institutions as Hays CISD. List company name, contact person, address, phone number, fax number, email address, and completion date for each reference.

Company:

Contact:

Address:

Phone:

Fax:

Email:

Dates of Contract:

Company:

Contact:

Address:

Phone:

Fax:

Email:

Dates of Contract:

Company:

Contact:

Address:

Phone:

Fax:

Email:

Dates of Contract:

SUSPENSION AND DEBARMENT CERTIFICATION

Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-federal entities from contracting with or making sub awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $100,000 and all non-procurement transactions (e.g., sub awards to sub recipients).

Contractors receiving individual awards of $100,000 or more and all sub recipients must certify that their organization and its principals are not suspended or debarred by a federal agency.

I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency.

VENDOR’S NAME:

Signature of Company Official:

Date Signed:

NO ISRAEL BOYCOTT CERTIFICATION

Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (Tex. Gov’t Code Ch. 2270)

“Boycott Israel” means 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 specifically with Israel, or with a person or entity doing business in Israel or in an Israel-controlled territory, but does not include an action made for ordinary business purposes. Tex. Gov’t Code

808.00 (1).

NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION

Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code

806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)

BY SIGNATURE BELOW, I, the undersigned agent for the firm named below, certify and affirm that this firm AND its principals comply with the above referenced certifications:

Yes, we acknowledge and comply with both the following:

• NO ISRAEL BOYCOTT CERTIFICATION

• NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION

Vendor Name:

Printed Name of Authorized Company Official:

Signature of Company Official:

Date:

THIS PAGE MUST BE SIGNED AND COMPLETED WITH YOUR PROPOSAL

CERTIFICATION OF RESIDENCY

The State of Texas has a law concerning non-resident vendors. This law can be found in

Texas Education Code under Chapter 2252, Subchapter A. This law makes it necessary for

HAYS CISD to determine the residency of its Vendors. In part, this law reads as follows:

Section: 2252.001: "Non-resident Bidder” refers to a person who is not a resident. “Resident

Bidder” refers to a person 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 non-resident Bidder unless the nonresident Bidder the lowest proposal submitted by a 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 proposal is a resident Bidder: Yes

No City and state of Vendor's principal place of business:

MINORITY/WOMEN BUSINESS ENTERPRISE (MWBE) AND HISTORICALLY

UNDERUTILIZED BUSINESSES (HUB)

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 responding to this Proposal Invitation.

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

Yes No

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

Yes No

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

I, the authorized representative for the company named below, certify that the information concerning residency certification, and MWBE and HUB certifications have been reviewed by me and the information furnished is true to the best of my knowledge.

Contractor’s Name/Company Name:

Address, City, State, and Zip Code:

Phone Number: Fax Number:

Printed Name and Title of Authorized Representative:

Email Address:

Signature of Authorized Representative:

Date:

EDGAR CERTIFICATIONS

ADDENDUM FOR AGREEMENT FUNDED BY U.S FEDERAL GRANT

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL

AWARDS – APPENDIX II TO 2 CFR PART 200

The following provisions are required and apply when federal funds are expended by HAYS

CISD for any contract resulting from this procurement process.

(A) 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 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 federal funds are expended by HAYS CISD and Hays CISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does Vendor agree? YES ________ Initials of Authorized Representative of

Vendor

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

$10,000)

Pursuant to Federal Rule (B) above, when federal funds are expended by Hays CISD, Hays CISD reserves the right to immediately terminate any agreement in excess of

$10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Hays

CISD also reserves the right to terminate the contract immediately, with written notice to Vendor, for convenience, if Hays CISD believes, in its sole discretion that it is in the best interest of Hays CISD to do so. The Vendor will be compensated for work performed and accepted and goods accepted by Hays CISD as of the termination date if the contract is terminated for convenience of Hays CISD. Any award under this procurement process is not exclusive and Hays CISD reserves the right to purchase goods and services from other Vendors when it is in the best interest of Hays CISD.

Does Vendor agree to sale by the above?

YES ________ Initials of Authorized Representative of Vendor

(C) 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 federal funds are expended by Hays CISD on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does Vendor agree to abide by the above?

YES ________ Initials of Authorized Representative of Vendor

(D) All Contractors must comply with all federal, state, and local labor laws including Article

5159a, Vernon’s Annotated Revised Civil Statues of the State of Texas which requires that the contractor pay not less that the Prevailing Wage Scale. Contractors shall comply with all aspects of Article 5159a, Vernon’s Civil Statue, including keeping records on each laborer, workman, or mechanic employed for each calendar day or portion. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of

Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback”

Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in

Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

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

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

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

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

Does Vendor agree? YES ________ Initials of Authorized Representative of

Vendor

(F) 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 Hays CISD, the Vendor certifies that during the term of an award for all contracts by Hays CISD resulting from this procurement process, the Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Does Vendor agree? YES ________ Initials of Authorized Representative of

Vendor

(G) 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).

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

Does Vendor agree? YES ________ Initials of Authorized Representative of

Vendor

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2

CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the

System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part

1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by Hays CISD, the Vendor certifies that during the term of an award for all contracts by Hays CISD resulting from this procurement process, the Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

Does Vendor agree? YES ________ Initials of Authorized Representative of

Vendor

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or proposal for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Hays CISD, the

Vendor certifies that during the term and after the awarded term of an award for all contracts by Hays CISD resulting from this procurement process, the Vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C.

1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a

Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard

Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

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

(J) Procurement of Recovered Materials – When federal funds are expended by, HAYS CISD and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Pursuant to Federal Rule (J) above, when federal funds are expended Hays CISD, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.

§ 6962(c)(3)(A)(i)), the Vendor certifies, by signing this document, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS –

2 CFR § 200.333

When federal funds are expended by Hays CISD for any contract resulting from this procurement process, the Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Vendor further certifies that Vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

REQUIRED AFFIRMATIVE STEPS FOR SMALL, MINORITY, AND WOMEN-OWNED FIRMS FOR

CONTRACTS PAID FOR WITH FEDERAL FUNDS – 2 CFR § 200.321

When federal funds are expended by Hays CISD, Vendor is required to take all affirmative steps set forth in 2 CFR 200.321 to solicit and reach out to small, minority and women owned firms for any subcontracting opportunities on the project, including:

1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

5) Using the services and assistance, as appropriate, of such organizations as the Small

Business Administration and the Minority Business Development Agency of the

Department of Commerce.

CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS

APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS

IN EXCESS OF $100,000 OF FEDERAL FUNDS

procurement process in excess of $100,000, the Vendor certifies that the Vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean

Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection

Agency Regulation, 40 CFR Part 15.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT

procurement process, the Vendor certifies that the Vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation

Act (Pub. L. 94-163, 89 Stat. 871).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

Hays CISD has a preference for domestic end products for supplies acquired for use in the

United States when spending federal funds (purchases that are made with non-federal funds or grants are excluded from the Buy America Act). Vendor certifies that it will either (1) supply

HAYS CISD with domestic end products that are in compliance with all applicable provisions of the Buy America Act; or (2) notify Hays CISD that the products it is requesting to be installed is not in compliance with the applicable provisions of the Buy America Act.

CERTIFICATION OF NON-COLLUSION STATEMENT

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

CERTIFICATION REGARDING TERRORIST ORGANIZATIONS

Pursuant to Sections 2252.151-.154 of the Texas Government Code, the 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 under federal law.

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 HAYS CISD; or (b) this

Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by HAYS CISD in a fiscal year of HAYS CISD, 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 HAYS CISD for the duration of the Agreement; (2) promptly provide to HAYS CISD any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of HAYS

CISD; and (3) on completion of the Agreement, either (a) provide at no cost to HAYS CISD all contracting information related to the 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 HAYS CISD.

Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that Vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Vendor’s…