ESBD_489652_1770996511413_0. Hardcopy for Distribution.pdf

Revised 11.14.25

GARLAND INDEPENDENT SCHOOL DISTRICT

PURCHASING DEPARTMENT

501 S. Jupiter Garland, Texas 75042

REQUEST FOR PROPOSAL

DRY AND STAPLE FOODS FOR STUDENT NUTRITION SERVICES (SNS)

PROPOSAL #10-27 (#197610)

PLEASE SUBMIT PROPOSAL NO LATER THAN MARCH 26, 2026, 10:30A.M. CDT,

Mark the sealed return envelope in the lower left-hand corner with PROPOSAL#, time, and due date, as noted above. (Should the district close for unforeseen reasons (force majeure) on the date the solicitation is due, the above referenced date should be changed to 10:30A.M. the first date the district is open to conduct business)

You are invited to submit a Proposal to provide DRY AND STAPLE FOODS FOR STUDENT NUTRITION SERVICES (SNS) for the Garland Independent School District (GISD).

This Proposal includes Instructions to Vendors, Award/Evaluation of Proposals, Certifications, Terms and Conditions, Compliance Form, Specifications, and Supplier Questionnaire.

Company Name

Address

City State Zip

Authorized Representative Name Title

Signature

Printed Name Email Address

Telephone # Fax #

Mark A. Booker Executive Director of Purchasing

Revised 11.14.2025

INSTRUCTIONS TO PROPOSERS

1.1 Submission of Proposals

Although we are legally required to accept paper RFPs, we strongly request that proposers submit this RFP electronically through the Oracle iSourcing module. Please feel free to call us at (972) 487-3009, if you require any assistance with this submittal. Electronic RFP submission eliminates errors, eliminates unnecessary work, and is friendlier to the environment. When filing this RFP electronically, do not submit a paper copy, as the electronic version will prevail. However, in the unlikely event that you do submit a paper RFP, it is imperative that you only submit the hard copy document provided by the Purchasing Department with all of the required fields completed and delivered as instructed below in DELIVERY OF PROPOSAL.

1.1.1. CLARIFICATION OF SPECIFICATIONS

For clarification of the specification(s) of this Request for Proposal, proposers may contact: Alicia Lopez, Buyer at alopez@garlandisd.net The individual listed above may be contacted for clarification of specification(s) only. No authority is intended or implied that specification(s) may be amended or alternates accepted prior to opening without written approval of the Garland ISD Executive Director of Purchasing and Assistant Director of Purchasing in the absence of the Executive Director.

1.1.2. SUBMITTING QUESTIONS

Suppliers finding errors, requests for additional information, omissions, or corrections shall contact the Purchasing Department Questions by submitting an email to bids@garlandisd.net and a copy to alopez@garlandisd.net no later than March 2, 2026 at 12:00p.m. CDT. Response will be given by addendum.

1.1.3. ADDENDA

All addenda will be issued as amendments to the Solicitation(s). All addenda will be posted by March 4, 2026 at 4:00p.m. CDT. It is the supplier’s responsibility to check the district’s website (http://www.garlandisd.net/connect/do-business/current-opportunities) for addendums prior to submitting responses.

Please continue to monitor our website for any updates past the addendum date.

1.1.4. SUBMITTING SAMPLES

Samples are required for each item listed in this solicitation and must be submitted at no cost to the Garland ISD. Submit samples to: Food Service Dept, Attention:

Nancy Davila, 701 N. First Street, Garland, TX 75040. Each individual sample must be clearly labeled with the bid number, company name, and the bid line item number of the item being submitted. Items for which the required information is not provided may be removed from consideration. Samples are due on or before March 25, 2026.

mailto:alopez@garlandisd.net mailto:bids@garlandisd.net mailto:alopez@garlandisd.net http://www.garlandisd.net/connect/do-business/current-opportunities http://www.garlandisd.net/connect/do-business/current-opportunities

1.1.5. NUMBER OF COPIES (DISREGARD IF SUBMITTING

ELECTRONICALLY THROUGH SOURCING)

PLEASE PROVIDE ONE (1) ORIGINAL PROPOSAL RESPONSE AND ONE

(1) COMPLETE ORIGINAL COPY SUBMITTED ON ELECTRONIC FORMAT

(FLASH/USB). ENSURE THE SUBMISSION IS CLEARLY LABELED.

YOU MUST SUBMIT A HARDCOPY ORIGINAL. DO NOT SUBMIT AN

ELECTRONIC COPY WITHOUT THE HARDCOPY ORIGINAL.

1.1.6. DELIVERY OF PROPOSAL: (DISREGARD IF SUBMITTING

ELECTRONICALLY THROUGH SOURCING) Delivery of proposals shall be in accordance with the procedures listed. Mark the sealed return envelope in the lower left-hand corner with RFP#, time, and due date. If assistance is required for proposal submission, you may call Purchasing at 972.487.3009 during normal operating hours.

Proposals submitted via Commercial Carriers (other than USPS) or hand delivered: Garland ISD Purchasing Department 501 S Jupiter, Garland, Texas 75042. Submission must be received in the Purchasing Department and date/time stamped before the deadline.

Note: Submissions must be sealed and not exceed 14”x10”x5” to use the Purchasing Drop Box

Proposals submitted via the U. S. Postal Service:

Garland ISD Purchasing Department P. O. Box 469026, Garland, Texas 75046- Clearly mark all Proposal envelopes as instructed on the front page. Allow sufficient transit time.

Delivery of submission to other Departments within the District is not considered as delivery to the Purchasing Department. The submission must be date/time stamped by Purchasing before the deadline.

1.1.7. SIGNED ORIGINAL

Once completed and signed, return your Proposal form to the Garland ISD Purchasing Department (as instructed above).

1.1.8. LATE SUBMISSIONS

Proposals received at the GISD Purchasing Department after the time and date specified above will not be considered and will be filed unopened. The Garland ISD shall not be held liable for late proposals.

1.1.9. OTHER FORMS OF SUBMISSION

Oral or telegraphic proposals transmitted via the District’s facsimile machine are not acceptable. DO NOT FAX OR EMAIL YOUR PROPOSALS. Only forms provided by the Garland ISD Purchasing Department may be submitted with this proposal unless written instructions permit additional pages.

1.1.10. AUTHORIZED SIGNATURE

Proposals must be signed by an authorized individual to contractually bind their firm when submitting the Proposal. Failure to sign the Proposal will be considered as a “mistake in Proposal”, and the Proposal will be rejected as “non-responsive” proposal. Proposer shall contact the Purchasing Department if discrepancies exist.

1.1.11. FORMAT FOR PRICING

Proposals written in pencil will not be accepted. Changes may be crossed through and corrections inserted adjacent and initialed by the person preparing the Proposal.

Should errors in multiplication or addition of a unit price against a total price occur, the unit price shall govern. All pricing proposed for products and/or services shall constitute entire consideration due.

The section in sourcing “Note to Buyer” is informational only. It will not govern the unit price or amend the format for pricing. The Compliance Form should be utilized for any deviations on unit price or packaging size.

1.1.12. MINIMUM QUANTITIES

Quantities or dollar expenditures listed herein reflect the GISD’s estimated current requirements for one year (or time frame as otherwise specified).

1.1.13. WITHDRAWING PROPOSALS

No Proposal may be withdrawn prior to opening of proposals without written request (addressed to the Garland ISD Director of Purchasing) by an authorized agent of the proposing firm and upon written approval by the District. Proposals become the property of Garland ISD upon receipt.

1.1.14. PROPOSAL TABULATIONS

Proposers desiring a Proposal tabulation sheet resulting from this Request for Proposal may visit our web site at https://garlandisd.net/connect/how-do-business-us/bid-tabulations The tabulations will be posted once the GISD Board of Trustees has approved the contract. If you are unable to download the information, please contact the Purchasing Department at 972-487-3009 and we will forward you a copy via email.

1.1.15. DEVIATIONS

Any and all deviations to this competitive solicitation proposed by the Proposal must be listed on the Compliance Form, not on a cover letter, catalog, etc. The District will not negotiate additional terms and conditions not included on the Compliance Form. All additional contracts, amendments, or exhibits will need to be submitted along with proposal to be considered.

1.1.16. PUBLIC INFORMATION

Garland Independent School District is a public entity subject to the provisions of the Texas Public Information Act (Texas Government Code Chapter 552).

Responses to this invitation may be subject to release as public information unless the response or specific parts of the response are accepted from public disclosure under such Act. Proposers should consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other confidential or proprietary information before responding to this invitation. The District assumes no liability or responsibility for release of any https://garlandisd.net/connect/how-do-business-us/bid-tabulations https://garlandisd.net/connect/how-do-business-us/bid-tabulations information not properly identified and documented in accordance with the enclosed Confidential Information Declaration & Copyright Authorization Form.

The District assumes no liability or responsibility for release of any information that the Texas Attorney General or a court of law determines to be subject to release.

1.1.17. COPYRIGHT PROTECTION

Proposals asserted to be copyright protected in their entirety may, in the District’s sole discretion, be rejected as non-conforming. Proposers who submit copyrighted materials as part of their Proposal must review and complete the Confidential Information Declaration & Copyright Authorization Form. Proposers submitting copyrighted materials should consult with their legal counsel regarding copyright and disclosure issues. By submitting copyrighted materials and completing the Confidential Information Declaration and Copyright Authorization Form, proposers grant the District authorization to reproduce and provide copies of such information and agree to waive any and all claims against the District regarding the release of such copyrighted information including, but not limited to, any claim of copyright infringement when released in response to a valid request for information under the Texas Public Information Act, Texas Government Code Chapter 552. In the event a proposer is unable to grant such authorization and waiver, copyrighted materials must not be included in the Proposal.

1.1.18. POST-SUBMISSION CHANGES

A proposal that has been opened my not be changed for the purpose of correcting an error in the proposed price. Proposers submitting an erroneous proposed price may be given the option of either honoring the price as proposed or withdrawing the (erroneous) proposal [Local Government Code Subchapter B, Sec. 271.026].

1.2 Award/Evaluation of Proposals

1.2.1. WAIVING INFORMALITIES

The Garland Independent School District reserves the right to accept or reject all or any part of any proposal, waive minor proposal formalities/technicalities and award the proposal deemed to be most advantageous to the District.

1.2.2. MULTIPLE AWARDS

The District reserves the right to award to a single vendor, multiple vendors, each line item separately or in any combination it determines to be in its best interest.

Proposers shall also include copies of any contracts/agreements required (by the proposing firm) and clearly identify/label it as such.

1.2.3. TIE PROPOSALS/EVALUATION FACTORS

Tie proposals, which are equal in all respects, shall be resolved and awarded in accordance with Local Government Code (Texas) Para. 271.901. Otherwise proposals, which reflect a tie in price, only may be awarded pursuant to the permissible factors listed in Texas Education Code, Subchapter B, Sec. 44.031 (b) and set forth below:

1. the purchase price;

2. the reputation of the vendor and of the vendor's goods or services;

3. the quality of the vendor's goods or services;

4. the extent to which the goods or services meet the district's needs;

5. the vendor's past relationship with the district;

6. the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses;

7. the total long-term cost to the district to acquire the vendor's goods or services; [and]

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

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

b. employs at least 500 persons in this state; and

9. Per Texas Education Code, Subchapter B, Sec. 44.031 (b) *ALL

CONTENTS PROVIDED INTHIS SOLICITATION, WILL BE

CONSIDERED AS AN EVALUATION FACTOR!

10. In compliance with the provisions of Texas Government Code, Title 10, Subtitle D, Section 2155.074, Section 2155.075, Section 2156.007, Section

2157.003 and Section 2157.125, and Texas Administrative Code, Title 1, Chapter 113.6, information obtained from the Texas Building and Procurement Commission's Proposer Performance Tracking System may be used in evaluating responses to solicitations for goods and services to determine the best value for the Garland Independent School District.

www.window.state.tx.us/procurement/prog/vendor_performance

1.2.4. UNIT OF MEASURE

Each line item must be proposed using the same unit of measure as requested by this Request for Proposal. Any questions regarding unit of measure must be resolved between the prospective proposer and the Garland Independent School District Purchasing Department. Failure to propose specified unit of measure may be cause for rejection of proposal for the specific item(s) in question. Any packaging proposed which differs from that specified in the item description must be identified on the Deviation/Compliance Form.

1.2.5. FELONY CONVICTIONS

Upon notification of potential selections for award, the person or entity submitting this proposal must give notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in this conviction of a felony (this requirement does not apply to a publicly held corporation).

1.2.6. ALTERNATE AWARDS

The District awards contracts to vendors as an alternate in case the primary vendor is unable to fulfill the contractual obligations as stated in the specifications/terms and conditions.

1.2.7. PRODUCT LITERATURE

Descriptive and illustrative literature covering the items you propose to furnish shall accompany your proposal when submitting “or equal” items. Literature provided must contain adequate information for district personnel to evaluate the proposal product as “or equal”. Failure to do so will result in the rejection of your proposal.

http://www.window.state.tx.us/procurement/prog/vendor_performance

1.2.8. TERM OF CONTRACT

The term of the contract shall be from July 6, 2026 (or date of award) through June 30, 2027, unless cancelled by either party as stated in CANCELLATION FOR CONVENIENCE or CANCELLATION FOR CAUSE.

1.2.9. CONTRACT VALUE

The estimated annual value of this contract is $2,500,000; However, this value reflects the District’s estimated current requirements for one year (or time frame as otherwise specified).

1.2.10. PRICE ESCALATION PROVISIONS

The District may elect to place several orders during the term of this Request for Proposal. Proposers must specify minimum order quantities – if any – and are required to hold proposed prices for 90 days from date of award. After this time, proposed increases may be submitted in writing for approval. Proof of change in market conditions must accompany a request for price increase. Any price increase request is subject to Purchasing Department review and approval but shall not exceed the Consumer Price Index – Food Away From Home for the previous year, most recent month.

1.2.11. PRICE ADJUSTMENTS

The parties acknowledge that the pricing set forth in this Agreement is based on agreed terms and conditions and known circumstances as of the Effective Date. In the event of a material increase in costs due to factors beyond the reasonable control of the Supplier. The District shall be provided written notice of any proposed price adjustment as soon as practicable, along with reasonable documentation supporting the cause and extent of the cost increase. The District will review the documentation and make a determination regarding the request within ten business days.

1.2.12. PROTEST PROCEDURE

Any proposer who is aggrieved in connection with a procurement, excepting right of rejection, may protest in accordance with Garland ISD Board of Trustees Policy CJ Local.

1.2.13. MARKET BASKET METHOD AND ADDING PRODUCTS

Garland ISD utilizes the "Market Basket" solicitation method that allows Garland to procure a list of products with varied pricing options and evaluate using a "total price cost analysis" or "simplified total cost analysis." Per TDA's ARM, Section 17, pages 67-70 ARM_Section17_Procurement_250902.pdf when a CE plans to make purchases beyond the products listed on a current market basket contract, these purchases should be made using the appropriate procurement method: micro, small purchase, sealed bid, or competitive proposal.

However, if Garland ISD determines that adding the purchase of a limited number of products to a current market basket contract would be advantageous, Garland ISD may do so if:

The option to add products not included in the current market basket contract is described in the original solicitation and contract as a specific percentage of the estimated value of the contract. The specified percentage must be no more than 10% of the estimated value of the contract.

https://pol.tasb.org/Home/Index/364 https://pol.tasb.org/Policy/Code/364?filter=CJ https://pol.tasb.org/Policy/Code/364?filter=CJ https://squaremeals.org/Portals/8/files/ARM/ARM_Section17_Procurement_250902.pdf?ver=TM8UydpjACOtgaUbJZpvJQ%3d%3d

Adding new products to the contract must not cause the contract to exceed the estimated total value of the contract at the beginning of the contract year.

If the value for the purchase of the added products exceeds the specified percentage (no more than 10%), a separate procurement for those products will be conducted. The purchase of any additional products on an existing market basket contract that exceeds the specified percentage (no more than 10%) is an unallowable cost.

Garland ISD includes written item specifications that have zero known estimated quantities. Vendors are highly encouraged to propose bid pricing on all written specifications. Any product with a zero quantity listed will be placed on a "catalog list" if Vendor is awarded. Garland has the right to add items from the "catalog list" throughout the contract term as long as the addition of product/products does not exceed the material change threshold of 10% of total contract value.

1.2.14. PRODUCT SUBSTITUTION

All substitutions require prior written approval by Garland ISD Student Nutrition Services. If applicable, the product substitution request must be accompanied with CN label or Nutritional Analysis information, and/or other product information.

Garland ISD reserve the right to require the vendor to offer possible substitutes if any material or equipment becomes unobtainable during the term of the contract.

Outstanding orders are not automatically amended by an approved substitution.

The vendor must contact the qualified ordering entity 72-hours prior to shipment of the approved substitution.

If substitutions are made without prior written or verbal approval of the ordering entity, under Uniform commercial Code, the entity shall retain the Right to Remedy and purchase the product(s) from another supplier, charging the difference of the bid price to the vendor.

Bid pricing, based on “per serving cost”, for the product substituted will apply to the substitute product unless substitute product is of lesser price and/or vendor can prove that reason for substituted product is not the fault of their own.

Garland provides all awarded contractors with estimated quantities.

Vendors may not substitute a product that does not meet the Buy America Provision. If a non-domestic substitution is made without a 72 hour notice to Garland ISD, contractor will be considered in breach of the awarded contract and may incur penalties as described in these Terms and Conditions.

1.2.15. ADDITIONAL GOODS AND/OR SERVICES

Garland ISD may request special pricing for new goods and/or services throughout the term of the contract. New goods and/or services must have prior written approval from Garland ISD. Only goods and/or services not specified elsewhere in the contract may be considered new. The additional goods and/or services allows Garland ISD to order items under the umbrella of a “market basket” see definition above. 1) “Additional Goods and/or Services” shall cover all items carried by the successful vendor that are not specifically listed on the item specifications. 2) The addition of new goods and/or services shall not exceed 10% of the contract value.

Garland ISD remains the right to add new goods and/or services at the time of each-year extension option, if all parties are in agreement, for the following reasons:

Allows for the replacement of items that were discontinued during the contract year if no other comparable item is available on bid;

Allows for the replacement of goods and/or services that no longer meet the needs of Garland ISD due to nutritional changes or’ Allows for the addition of new goods and/or services introduced by existing awarded vendors that may better serve Garland ISD needs. Goods and/or services may not be added to avoid competitive procurement procedures. The addition of new goods and/or services cannot materially change the contract between Garland ISD and the vendor. Garland ISD may reject any proposed addition without cause, in its sole discretion.

1.2.16. MATERIAL CHANGE

If a material changes occurs to a contract entered into between Garland ISD and vendor, the contract will not be renewed upon the conclusion of its term. Upon the expiration of the term, Garland ISD my issue a new Bid for the goods or services procured under the previously existing contract. Material change means a modification that substantially exceeds and / or alters the terms of the original contract between Garland ISD and the vendor and/or the total contract value greater than 10%. The following anticipated and unanticipated changes are to be considered as well do not quality as a material change: 5% upward or downward trend in student enrollment and/or participation to allow flexibility for program growth or decline of unanticipated program and/or regulation changes.

1.2.17. MANUFACTURER GUARANTEE

A manufacturer’s total satisfaction written guarantee shall be required, in accordance with Uniform Commercial Code (UCC), for the one-year Agreement term, with Garland ISD reserving the right to have any item replaced should the original item prove unreliable or defective as expressed or implied by verbal or written specification. The items will then and after adequate time to remedy, be replaced without charge to Garland ISD. This will be provided at no additional cost to Garland ISD during the term of the contract.

1.2.18. OVERSIGHT – MANAGEMENT OF CONTRACT

The District will utilize Oracle Blanket Purchase Agreements to manage delivery and receipt, cost and items purchased.

1.2.19. HACCP REQUIREMENTS

Vendors are required to have, and follow, written Hazard Analysis Critical Control Point (HAACP) program procedures. HACCP procedures must be provided with the proposal submission or made available for review.

1.2.20. PRODUCT RECALL PROCEDURES

Pursuant to USDA requirements, vendors are required to have, and follow written Product Recall Procedures, which includes a primary and secondary point of contact. If a product recall is instituted on any good that has been furnished and delivered to Garland ISD, vendor must immediately (i.e., within 24 hours but preferably sooner) notify Garland ISD Director of Student Nutrition Services by e-mail or in writing and must include all pertinent information relating to the recall. If vendor is unable to contact Director of Student Nutrition Services, vendor must contact Assistant Director of Student Nutrition Menu Operations. Vendor will be responsible for all costs associated with replacing the recalled product, including replacement cost, shipping charges, etc. This requirement shall survive payment and acceptance of the goods. Vendor is required to submit their Recall Procedures to satisfy proposal submission requirements.

2. CERTIFICATIONS

2.1. CERTIFICATION AFFIRMATIONS

By signing this Request for Proposal, the signed proposer affirms and certifies that its company, corporation, firm, partnership or individual’s response to this proposal is in all respects compliant with all provisions in this section.

2.1.1. ANTI-COLLUSION AND FRAUD

Proposer affirms that its company, corporation, firm, partnership or individuals response to this proposal is in all respects bona fide, fair and was not made with collusion or fraud with any person, joint venture, partnership, corporation or other legal entity engaged in this type of business prior to the official opening of this proposal.

2.1.2. 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 government wide Excluded Parties List System 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.” The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Proposer certifies that the individual and/or firm on whose behalf this proposal is submitted is not listed on the Federal Government’s excluded parties list (SAM).

2.1.3. COPYRIGHT AND PATENT LAWS

Proposer hereby certifies that it (or its firm hereby represented) is legally authorized to conduct business in Texas and has complied with any and all federal, state, or other laws or regulations applicable to any purchase resulting from this Request for Proposal, including, but not limited to, copyright and/or patent laws and anti-collusion law.

2.1.4. SOLE SOURCE

If the proposer professes to be the exclusive source of the item(s) or service(s) requested herein, the proposer must provide with its proposal a written statement to the fact that the sole source is due to one or more of the following (as applicable): a patent, copyright, secret process, or monopoly; a film, manuscript, or book; a utility service (electricity, gas, or water); or a captive replacement part or component for equipment. Such statements must be signed by the owner or corporate official of the firm submitting this proposal and must be notarized. This declaration shall not exempt the proposer from signing and submitting a signed proposal.

2.1.5. PUBLIC INFORMATION

By submitting a response to this request, proposer represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code, Disclosure of Certain Relationships with Local Government Officers;

Providing Public Access to Certain Information. A list of local government Officers may be obtained at http://www.garlandisd.net/content/conflict-disclosure.

Failure to comply with this provision may result in the Solicitation being considered non-responsive.

2.1.6. FUNDING AGREEMENTS

Proposer certifies that if the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or sub-recipient 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 sub-recipient 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.

2.1.7. CLEAN AIR AND WATER POLLUTION ACT

Proposer certifies that it is in compliance with the Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended.

2.1.8. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

40 U.S.C. 327-330 Sections 103 and 107 as supplemented by Department of Labor regulations (29 CFR Part 5) Required inclusion when applicable to the services and/or products to be procured for solicitations/contracts that involve mechanics or laborers exceeding $100,000 using federal funds; establishes standards for hourly and salaried employees related to workweek and overtime.

2.1.9. COPELAND ANTI-KICKBACK ACT

(18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) Required inclusion in construction solicitations/contracts using federal funds;

prohibits a contractor or subcontractor from inducing kickbacks from employees.

2.1.10. DAVIS-BACON ACT

40 U.S.C. 276a to 276a-7 as supplemented by Department of Labor regulations (29 CFR Part 5) Required inclusion in construction solicitations/contracts exceeding $2,000 using federal funds; requires contractors and subcontracts to include actual wage determinations in bid specifications and contracts.

2.1.11. ENERGY POLICY AND CONSERVATION ACT

Proposer hereby certifies that it (or its firm hereby represented) that it is compliant with Certification of Compliance with the Energy Policy and Conservation Act - When federal Funds are expended by Garland ISD for any contract resulting from this procurement process, the Supplier certifies that the Supplier will be in compliance with mandatory standards and policies relating to energy efficiency http://www.garlandisd.net/content/conflict-disclosure which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321, et seq.; 49 C.F.R.

Part 18).

2.1.12. EQUAL EMPLOYMENT OPPORTUNITY

41 CFR, Chapter 60. Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter

60) Required inclusion in construction solicitations/contracts using federal funds;

prohibits hiring practices that do not provide an equal opportunity of all persons without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

2.1.13. RECORD RETENTION REQUIRMENTS

Proposer certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333 for a period of three years after grantees or sub-grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other depending matters.

2.1.14. RECOVERED MATERIALS

Certify that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by applicable specifications or other contractual requirements, and estimate the percentage of total material utilized for the performance of the contract which is recovered materials, in accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

2.1.15. BYRD ANTI-LOBBYING REQUIREMENTS

Proposer certifies 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 imposed by section 1352, Title 31, U.S. Code.

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 proposer shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions https://www.ed.gov/sites/ed/files/2024/01/Disclosure-of-Lobbying-Activities.pdf

2.1.16. FOREIGN TERRRORIST ORGANIZATION LIST

Pursuant to Texas Government Code Chapter 2252, Company certifies that it is not a company identified on the on a list prepared and maintained pursuant to Texas Government Code § 806.051, 807.051, or 2252.153 (“Foreign Terrorist Organization List”). In the event that Company is added to a Foreign Terrorist Organization List at any time during this Agreement, Company shall promptly provide notice to School. Garland ISD may terminate this Agreement immediately upon receipt and verification of information, by any means, that Company has been added to a Foreign Terrorist Organization List.

2.1.17. BOYCOTT ISRAEL

Pursuant to Texas Government Code Chapter 2271, Company certifies that it does not boycott (as defined in Texas Government Code Chapter 808) Israel and will not boycott Israel during the term of this Agreement with the Garland ISD.

2.1.18. PROHIBITED TRANSACTION

Pursuant to Texas Government Code Chapter 2273, the District is prohibited from contracting with any abortion provider or an affiliate of an abortion provider whereby the provider or affiliate receives something of value derived from state or local tax revenue. Any contract entered into by the District is void if the prospective vendor has such a prohibited affiliation or contractual relationship. By submitting a proposal in response to the Request for Proposal, you are certifying to the District that you do not have such an affiliation or contractual relationship.

2.1.19. BUY AMERICA ACT

Proposer certifies that it is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

Proposer certifies the cost of domestic components exceed 51 percent of the cost of all components for each product. Domestic is defined as one that is produced and processed in the United States. Products not meeting this requirement shall be clearly identified as a deviation on the Deviation/Compliance Form.

2.1.20. MILK IMPORTS

The Garland ISD will not purchase milk, cream, butter, or cheese, or a product consisting largely of one or more of these items that has been imported from outside the United States. (This restriction does not apply to the purchase of milk powder if domestic milk powder is not readily available in the normal course of business). Proposer certifies that it is not bidding such prohibited products.

2.1.21. DOMESTIC PREFERENCES FOR PROCUREMENT

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

https://www.ed.gov/sites/ed/files/2024/01/Disclosure-of-Lobbying-Activities.pdf

(b) For purposes of this section:

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

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

2.1.22. LONE STAR INFRASTRUCTURE PROTECTION ACT

Pursuant to Texas Government Code Chapter 2274, with regard to contracts relating to critical infrastructure (including cybersecurity), Company certifies it is not owned or controlled by citizens of China, Iran, North Korea, Russia, or any other country designated by the Governor as a threat to critical infrastructure, or by companies or governmental entity owned or controlled by citizens of or headquartered in China, Iran, North Korea, Russia, or any other country designated by the Governor as a threat to critical infrastructure.

2.1.23. FIREARM INDUSTRY

Pursuant to Texas Government Code Chapter 2274.002 (SB 19), a governmental entity may not enter into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company that it:

does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. This provision is only applicable to a company with at least 10 full-time employees and a contract value of $100,000 or greater. Executing this agreement is considered written verification that your company is in compliance with the law.

2.1.24. CIVIL RIGHTS DISCRIMINATION

Supplier certifies that does not discriminate on the basis of age, color, disability, national origin, race, and gender. (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 American with Disabilities Act and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities).

2.1.25. HEALTH AND SAFETY CERTIFICATION

Supplier certifies compliance with applicable local, state, and federal health and safety certifications, licensing, or regulations which include, but are not limited, to facility use food establishment, and authorized providers.

2.1.26. RIGHTS TO INVENTIONS (PERTAINING TO PATENT RIGHTS,

COPYRIGHT AND RIGHTS)

37 CFR 401.2 Required inclusion, if applicable to solicitations/contracts using federal funds; requires all contractors to observe all applicable patent rights, copyright, and rights laws in operating the program.

2.1.27. SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE

By responding to this solicitation supplier certifies that efforts have been made to encourage and facilitate participation by small businesses, minority owned firms, and women’s business enterprises whenever to the maximum extent possible.

2.1.28. ENERGY COMPANIES

Pursuant to Texas Government Code Chapter 2274.002 (SB13), a governmental entity may not enter into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company that it:

does not boycott energy companies and will not boycott energy companies during the term of the contract. This provision is only applicable to a company with at least 10 full-time employees and a contract value of $100,000 or greater. Executing this agreement is considered written verification that your company is in compliance with the law.

2.1.29. TEXAS HOUSE BILL 1295, CERTIFICATE OF INTERESTED PARTIES

If the individual contract/award exceeds $1,000,000 or goes to the Board of Trustees (if total amount awarded exceeds $150,000), the person or entity submitting this proposal must comply with House Bill 1295 which is codified in the Texas Government Code §2252.908 effective January 1, 2016, by submitting a completed and signed Form 1295, Certificate of Interested Parties within 10 days after notification of intent to award. The appropriate form and additional information is available from the Texas Ethics commission at www.ethics.state.tx.us/index.html.

2.1.30. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

Proposer certifies that it is in compliance with all applicable provisions of the Code of Federal Regulations §200.216, as described in Public Law 115-232, section 889, see also §200.471.

3. TERMS AND CONDITIONS

3.1. CASH PAYMENTS AND DISCOUNTS

Cash/prompt payment discounts offered will not be considered in determining the award but will be taken if earned.

3.2. PURCHASE ORDERS AND CONFIRMATION

The Garland Independent School District will email purchase orders in lieu of facsimile transmission. In addition to purchase orders, all solicitation notices, and award notifications will be communicated by email.

Purchase Orders will serve as the award instrument(s) against this Request for Proposal.

Orders will be placed as items are approved for purchase and funds become available.

Proposers who require the use of a separate contract document, must incorporate the terms and conditions of this Request for Proposal into the document. Proposer agrees to provide a copy of the contract document in word format upon request.

http://www.ethics.state.tx.us/index.html

3.3. CHANGE ORDERS

The District and District’s representative, without invalidating the contract, may make changes by altering, adding to, or deducting from the Purchase Order; the contract sum being adjusted accordingly. No extra work or change shall be made unless in pursuance of a written order from the District and any claim for an addition to the contract sum will not be valid unless so ordered. Changes and amendments will be communicated by sending a copy of the purchase order.

IT IS THE PROPOSER’S RESPONSIBILITY TO TRACK PURCHASE ORDER

NUMBER(S) & APPLICABLE REVISIONS. DOUBLE SHIPMENTS INCURRED

WILL BE RETURNED AT THE VENDOR’S EXPENSE.

3.4. PAYMENTS VIA ACH

Garland ISD will make payments via check or ACH. If the awarded supplier prefers ACH payments, the supplier will be required to submit a completed Vendor Direct Deposit Authorization form (contact this email to request the form), along with a bank verification letter to Finance@garlandisd.net Payment will be made within 30 days after the later of, receipt of goods/services and a properly submitted invoice. The district considers an invoice properly submitted when the following conditions are met:

3.4.1. Invoice is received at the address indicated on the purchase order

3.4.2. Pricing on the invoice matches the price on the purchase order

3.4.3. Include a description of the goods or services furnished, the purchase order number, invoice number and any applicable cash discount.

3.4.4. Quantities on the invoice do not exceed those specified on the Purchase Order

3.4.5. Unique invoice number used for each billing

3.4.6. Merchandise has been received.

3.4.7. Description of goods and services, and unit of measure, on the invoice, shall match the description on the Purchase Order.

NOTE: Awarded Companies are expected to ship goods and/or perform services in the same week in which they are invoiced. Invoicing procedures for each awarded company will be incorporated into the proposer’s performance rating.

3.5. CHANGING QUANTITIES

Quantities may be increased or decreased at the discretion of the District.

*Quantities listed herein are best estimates only and cannot be guaranteed.

3.6. NO SMOKING POLICY

No smoking or use of any tobacco products is permitted on school property.

3.7. CHOICE OF LAW/VENUE

This Request for Proposal and any resulting award(s) shall be interpreted within the laws of the State of Texas and the Uniform Commercial Code (UCC). In case of discrepancies between the laws of the state of Texas and the UCC, the laws of Texas will prevail. Venue mailto:Finance@garlandisd.net for any legal action filed relative to this Request for Proposal or any resulting purchase orders shall be in Dallas County, Texas.

3.8. INVALID PROVISIONS

In the event that any one or more of the provisions contained in this Request for Proposal (or resulting purchase order) shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall not affect any other provision hereof, and this Request for Proposal (or any resulting purchase order) shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained herein.

3.9. QUALITY OF WORKMANSHIP

If problems with quality or workmanship arise on items received, the supplying vendor is responsible for replacing any/or all items at no cost to the Garland ISD. The supplying vendor will also be responsible for returning to the designated campus or department to pick up the items in question. Garland ISD will not be responsible for shipping items back to vendors.

3.10. OVERCHARGE CLAIMS

Successful proposer(s) hereby assigns to purchaser any and all claims for overcharges associated with any contract resulting from this Request for Proposal which arise under the antitrust laws of the United States, 15 USCA Section 1 et. seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01 et. seq.

3.11. AVAILABILITY OF FUNDING

Garland ISD’s fiscal year is July 1 through June 30. Funds are available for the current fiscal year only. Should the Garland ISD Board of Trustees not approve funds for this service, any contract resulting from this Request for Proposal will automatically terminate on the last day of the school fiscal year for which funds have been appropriated at no further cost or obligation to the District.

3.12. CONTRACT ASSIGNMENT

This contract may be assigned only with the written consent from both parties. Any assignment by Proposer of this contract or any part thereof without written consent of Garland ISD shall be void.

3.13. INDEPENDENT CONTRACTOR

It is understood that in the performance of any services herein provided, for Contractor shall be, and is, an independent contractor, and is not an agent or employee of the District and shall furnish such services in its own manner and method, except as required by this contract. Further, Contractor has, and shall retain the right to exercise full control over the employment, direction, compensation, and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend, and save the District harmless, from all matters relating to the payment of its employees, including compliance with Social Security, withholding, and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

3.14. CANCELLATION FOR CONVENIENCE

The Garland Independent School District reserves the right to cancel any contract (purchase order) resulting from this Request for Proposal at any time, for any reason (or for no reason) with a thirty (30) day written notice to the contractor(s). Contractor may cancel any resulting contract, at any time for any reason, or for no reason with a one hundred and twenty (120) day written notice. Any notice required or permitted to be delivered to the contractor(s) shall be deemed to be delivered when mailed by registered or certified mail, return receipt requested, postage prepaid, and addressed to the Solicitor’s address appearing on the face of the Request for Proposal (or as subsequently revised or changed). Any compensation due the contractor(s) will be limited to items received and/or services performed and accepted by the District.

3.15. CANCELLATION FOR CAUSE

District shall have all remedies available at law or in equity. Where the Supplier is in default in delivery or otherwise, or has breached any terms or conditions of this contract.

Garland ISD may terminate this contract in whole or in part without any adjustment, and in addition to any other remedy provided by law, may procure items or services, similar to those as to which this contract is terminated, and Supplier shall be liable to Garland ISD for any costs or such similar items or services in excess of the price or prices specified herein, provided, however, that Supplier shall continue the performance of this contract to the extent not terminated by the Garland ISD.

3.16. AGREEMENT BETWEEN PARTIES

The Contract Document consists of this Proposal which includes Certifications, Terms and Conditions, Compliance Form, Specifications, Supplier Questionnaire, the Supplier response, Clarifications and purchase order(s). These provisions shall be considered as part of any resulting legal and binding contract/purchase order as if thereto attached or therein repeated.

All prior negotiation representation and agreements, with respect thereto not incorporated in such Contract Documents, are hereby…