ESBD_516497_1778861340800_26-028MF Modular Buildings & Related Items.pdf

CSP #26/028MF Modular Buildings and Related Items (JOC-IDIQ) eBid Maintenance and JOC Components CSP (revised November 2025) Page 1 of 51

Harris County Department of Education 6300 Irvington Blvd., Houston, Texas 77022-5618

CSP #26/028MF

Competitive Sealed Proposals For

Modular Buildings and Related Items Maintenance Component (TEC 44.031) and Component for Single Trade Job Order Contracting (TGC 2269)

Submittal Deadline and Proposal Opening Deadline:

Thursday, June 16, 2026 at 2:00 p.m., Central Time

Proposals received after the date and time stated above will not be considered.

Questions regarding this CSP must be submitted via HCDE eBid System online no later than five (5) business days prior to the submittal deadline date. All questions and answers will be posted online to HCDE eBid at http://hcdeebid.ionwave.net.

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TABLE OF CONTENTS

1.0 Notice of Intent

2.0 Introduction to Choice Partners Cooperative

3.0 Instructions to Vendors

4.0 Evaluation and Award of Proposal(s)

5.0 Contract Terms and Conditions

6.0 Scope of Proposal, including Job Order Contracting Component

7.0 Specifications

8.0 Pricing/Delivery Information

9.0 eBid Attributes section

10.0 Attachments

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1.0 NOTICE OF INTENT

It is the intent of Harris County Department of Education (HCDE) and Choice Partners (CP), a division of HCDE, (collectively, “HCDE”) to award one or more contract(s) as a result of this CSP for use by HCDE/CP and/or CP members for Modular Buildings and Related Items (JOC-IDIQ). Product(s) and/or services considered for award shall equal or exceed a minimum quality level of industry standard(s) as defined within this CSP, including Section 6.0 Scope of Proposal, and shall comply with all applicable federal, state and local technical, environmental, and performance standards and specifications.

Further, it is the intent of HCDE to allow CP members to use this contract between HCDE and Vendor entered into pursuant to this CSP. Accordingly, pursuant to HCDE’s membership agreements with CP members (as permitted under the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Chapter 271, Subchapter F of the Texas Local Government Code, and similar statutes in other states), CP members are authorized to enter into separate and independent contracts with Vendor that employ the same negotiated terms and conditions contained in an existing contract(s) between HCDE and Vendor. Further, it is the intent of HCDE to comply with the most restrictive federal Education Department of General Administrative Regulations (EDGAR) or state Financial Accountability System Resource Guide (FASRG) rule or regulation, and HCDE/CP intends to conduct an independent estimate and cost or price analysis in connection with every procurement action using federal funds.

This CSP has Two (2) components – (1) a Maintenance (Commodities/Services) component, which is being procured in accordance with Texas Education Code (TEC) Section 44.031, Purchasing Contracts, and (2) a (Job Order Contracting) single trade component, which is being procured in accordance with Texas Government Code (TGC) Chapter 2269, Contracting and Delivery Procedures for Construction Projects, TGC 2269.401-451, Job Order Contracting Method, for use by HCDE and CP members for job order contracting, including the maintenance, repair, alteration, renovation, remediation, or minor construction of a facility when the work is of a recurring nature but the delivery times, type, and quantities of work are indefinite. Proposers MUST respond to BOTH the job order contracting component and the maintenance component. Proposals that are received for the Modular Buildings and Related Items (JOC-IDIQ) component only or the maintenance component only will be considered unresponsive to this CSP. Choice Partners is looking for highly qualified and specialized vendors that can provide the JOC and maintenance component. (see 7.0 Specifications for the list of IDIQ divisions for this CSP).

In no event shall a job order issued as a result of this CSP be used in connection with a highway, road, street, bridge, utility, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, airport runway or taxiway, drainage project, or related type of project associated with civil engineering construction or a building or structure that is incidental to a project that is primarily a CIVIL ENGINEERING construction project. TEX. GOV’T CODE § 2269.402.

In compliance with TEX. GOV’T CODE § 2269.403(b), HCDE/CP is establishing the maximum annual aggregate contract price for all contracts awarded under this CSP for the entire CP cooperative program at $200 million. The governing body of a CP member that is a governmental entity must approve each job, task, or purchase order that exceeds $500,000. TEX. GOV’T CODE § 2269.403(c).

Any Job Order issued pursuant to this CSP must be signed by the representative of the governmental entity/CP member’s representative that solicits the Job Order and the Contractor. TEX. GOV’T CODE § 2269.410(a). The Job Order may be (1) a fixed price, lump-sum quote based substantially on unit pricing applied to estimated quantities; or (2) a unit price job order based on the quantities and line items delivered. TEX. GOV’T CODE § 2269.410(b).

1.1 The initial base term of the prospective contract is a period of one calendar year, with up to three additional automatic one-year renewal terms; either party may elect not to renew the contract by providing written notice at least thirty (30) days prior to expiration of the then-current term. TEX. GOV’T CODE § 2269.409. At HCDE’s option, there may be an additional 90-day transitional period added to the end of the initial term or any renewal term. Contract prices, terms and conditions are to remain in force during the transitional period. Should the Contract with Vendor terminate during the initial or any renewal term for any reason, HCDE reserves the right to have the same transitional period, prices, terms and conditions as if the Contract terminated at the expiration of that term.

1.2 In this CSP and in the Contract, the following terms shall mean as follows:

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1.2.1 “HCDE” means the Harris County Department of Education and includes HCDE’s cooperative purchasing division, Choice Partners, when such term is used. HCDE is a county school district and political subdivision established under the laws of the State of Texas, and its main administrative office is located at 6300 Irvington Blvd., Houston, Texas 77022.

1.2.2 “CP” means Choice Partners cooperative, a national cooperative purchasing program and division of HCDE.

1.2.3 “CP member(s)” means the non-profit entities, public and private schools (including independent school districts and charter schools), education service centers, colleges, universities, municipalities, counties, political subdivisions, and other governmental entities and agencies throughout the United States that have followed local governing authority allowing them to utilize contracts procured and administered by HCDE, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Chapter 271, Subchapter F of the Texas Local Government Code, and similar statutes in other states.

1.2.4 “Vendor(s)” means the proposer(s) responding to this CSP and vendor(s) to whom a contract has been awarded as a result of this CSP by HCDE. A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the product(s) /service(s) listed herein.

1.2.5 “Contract” means the contract terms and conditions in Section 5.0 Contract Terms and Conditions, as further defined in the Entire Agreement provision of Section 5.0. A contract is exclusively between HCDE and Vendor. Under no circumstances shall Vendor submit for approval or otherwise utilize the Contract via the Statewide Procurement Division’s Texas Multiple Award Schedule (TXMAS) Program and/or Texas SmartBuy without prior written permission from CP. All existing contracts shall be made available to CP members to review and copy. Further, all records, reports, and other documents related to HCDE’s competitive procurement of existing contracts shall also be made available to CP members to review and copy

1.2.6 “Supplemental Contract” means a separate, supplemental contract entered into between a CP member and the Vendor, which utilizes the negotiated terms and conditions contained in the existing competitively-procured contract(s) between HCDE and Vendor (for example, Vendor’s Master Service Agreement (MSA), End-User License Agreement (EULA), etc. are Supplemental Contracts between the CP member and the Vendor, and HCDE is not a party to those Supplemental Contracts). Supplemental Contracts may further define the level of service and/or product requirements over and above the minimum defined in the Contract and the CSP, including, without limitation, invoice requirements, ordering requirements, on-campus service, specialized delivery, discounted pricing, etc. Supplemental Contracts may be a Purchase Order or Job Order issued by a CP member. Supplemental Contracts are exclusively between a CP member and Vendor.

1.2.7 “Best Value” means the method by which a contract, if any, is awarded, in accordance with applicable laws, rules, and regulations. Best Value includes multiple parameters, including experience, references, quality of the Vendor’s product(s)/service(s), and price, as detailed in Section 4.0 Evaluation and Award.

1.2.8 “HCDE/CP Administrative Fee” or “HCDE/CP Fee” means the fee paid by Vendors to HCDE/CP for the limited purpose of funding the total administrative costs of the HCDE/CP program. HCDE/CP will invoice the Vendor for the HCDE/CP Administrative Fee.1 See Section 5.29. The HCDE/CP Fee must not be charged to CP members and must not be issued as a separate line item in any Job Order Proposal issued to CP members. HCDE/CP will invoice the Vendor for the HCDE Administrative Fee of 2 percent. All rebates, discounts, and other applicable credits from the Vendor resulting from Supplemental Contract(s) shall accrue exclusively to CP members.

1 The HCDE/CP Administrative Fee is expressly separate from and is not a part of the pricing paid by CP members; the HCDE/CP Administrative Fee is paid exclusively by the awarded Vendors and must not be passed on or charged to CP members by the Vendor. All pricing from any contract awarded pursuant to this RFP is fixed pricing. No pricing structure that charges the cost of the product or service plus a percentage of cost is allowed.

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1.2.9 “Purchase Order” or “PO” means the agreed-upon purchase order between HCDE or the CP member and the Vendor. Special terms and conditions agreed to by the Vendor and HCDE or the CP member may be added as addendums to the PO, including such items as requirements concerning certificates of insurance, bonding, and small or disadvantaged business goals.

1.2.10 “Premium Hours” means those hours not included in Regular Hours or federal holidays. Premium Hours must be approved by HCDE or the CP member for each Purchase Order or Job Order.

1.2.11 “Regular Hours” means the business hours and days of each CP member (or of HCDE, if HCDE is purchasing goods/services).

Definitions related to the JOC component of this CSP:

1.2.12 “Job Order Contracting or JOC” is “a procurement method used for maintenance, repair, alteration, renovation, remediation, or minor construction of a facility when the work delivery is of a recurring nature but the delivery times, type and quantities or work required are indefinite (IDIQ).” TEX. GOV’T. CODE §

2269.401. JOC is negotiated by line-item delivery orders (job orders) based upon a contract’s priced coefficient applied to the city cost index and the line items in the unit price book. Once the line items are agreed to by the Vendor and HCDE or the CP member, a lump-sum, firm fixed price contract for the negotiated Scope of Work exists. The product(s) and/or service(s) to be purchased under the awarded contract(s), if any, may be of indefinite delivery and indefinite quantity (IDIQ).

1.2.13 “Unit Price Book or UPB” means the current edition(s) of the applicable unit price book(s) and the published quarterly updates. TEX. GOV’T. CODE § 2269.404 (“The governmental entity may establish contractual unit prices for a job order contract by specifying one or more published construction unit price books and the applicable divisions or line items or providing a list of work items and requiring the Vendor to propose one or more coefficients or multipliers to be applied to the price book or pre-priced work items as the price proposal.”) For the JOC component of this CSP, The Unit Price Book(s) are the current edition of the BNi Electrical, BNi Facilities Manager’s, BNi General Construction, Mechanical, BNi Mechanical/Electrical, BNi Public Works or eConverge TruPriceData™ by eConverge2 (www.eConverge.com), RS Means Facilities Construction Unit Price Cost Data (RSMeansOnline.com), and software, The Sierra West Publishing, and Xactimate, using the most recent edition “Total Inc. O&P”. When required by insurance or FEMA, Xactimate may be used in place of the UPB or cost data used in this CSP. Vendors, at their expense, shall maintain license(s) of the current edition(s) of the UPBs for which a coefficient was proposed and will make copies of the UPB available to CP Members upon request via electronic or printed media. See Section 6.0 “Scope of Proposal” and Section 7.0 “Specifications” of this CSP for additional information.

1.2.14 “Construction Specification Institute (CSI) Format” is a published system of titles and numbers used extensively to organize construction information. All unit price data in the UPB is arranged in a CSI Master Format system.

1.2.15 “Coefficient” (as applied to Unit Price Books such as eConverge, RSMeans and Sierra West Publishing) means the Vendor’s coefficient multiplier that is applied to the City Cost Index and the total sum of line item estimates for each individual Job Order, including all overhead items, such as office, vehicles and fuel, computers, communication devices, printers, programs, insurance maintenance, HCDE/CP administrative fee, as well as all costs to the Vendor associated with usual and customary program/project management, administration, and jobsite supervision.

1.2.16 “Coefficient” (as applied to Xactimate Unit Price Book) means the Vendor’s coefficient multiplier that is applied to the City Cost Index and the total sum of line-item estimates for each individual Job Order. The following line items are included: office, vehicles and fuel, computers, communication devices, printers, programs, maintenance and HCDE/CP administrative fee.

2 TruPriceData consists of all of the listed BNi titles in one cost book published by eConverge (www.eConverge.com) eBid Maintenance and JOC Components CSP (revised November 2025) Page 6 of 51

1.2.17 “City Cost Index” means the defined pricing indices published by the Unit Price Book as local zip code modifiers to the national cost data.

1.2.18 “Job Order” is a unit price order based on the quantities and line items delivered. TEX. GOV’T. CODE §

2269.403(b). A Job Order is an order for a job or project that includes HCDE’s or the CP member’s job or project’s written Scope of Work and must be signed by the Vendor and HCDE or CP member. TEX. GOV’T.

CODE § 2269.410(a). A signed Job Order is a contract between the Vendor and HCDE or the CP member.

The governing body of each CP member that is a governmental entity, as defined in Chapter 2269 of the Texas Government Code, must approve each Job Order or Purchase Order that exceeds $500,000. TEX. GOV’T.

CODE § 2269.403(c).

1.2.19 “Job Order Quote Request” originates from HCDE/CP or the CP member and provides a general scope of project services and/or engineering/architectural drawings, a requested schedule, and any special addendum requirements from which the Vendor will develop a Scope of Work to be included in the Vendor’s Job Order Proposal.

1.2.20 “Job Order Quote” means the response from the Vendor to HCDE/CP or the CP member’s request for a specific project and contains the line-item estimate for the project as defined in the UPB and includes a written Scope of Work for services to be performed and/or products to be delivered. Each Job Order Quote submitted to HCDE/CP or the CP member must contain a line item estimate generated by one of the approved software programs, including all of the UPB items, quantities, pricing and total cost.

1.2.21 “Scope of Work or SOW” is the specific work that has been agreed to be undertaken and accomplished by

Vendor for HCDE/CP or the CP member via the Job Order process.

1.2.22 “Vendor’s Project General Manager (PGM)” is the senior member of the Vendor’s team and will be the ultimate interface between HCDE/CP and CP members and Vendor.

1.2.23 “Vendor’s Key Staff Members” are critical to the quality, implementation, and successful support and execution of the contract and will be evaluated by HCDE/CP. Vendor’s Key Staff Members typically include the PGM, Delivery Order Managers, Business Manager, Safety/Environmental Manager, Quality Assurance/Quality Control Manager, and Marketing Manager.

1.2.24 “Non Pre-Priced Items” means those items that cannot be found or reasonably compared to listed line items in the UPB. The process detailed in Section 6.3.2 shall apply to Non Pre-Priced Items.

1.2.25 “Pass-Through Costs” means, for purposes of this Contract, shall be limited to the costs of bonds (payment and performance bonds), permit and similar fees, and travel expenses. Pass-Through Costs shall be separately delineated on the Purchase Order/Supplemental Contract and on each Vendor monthly activity report submitted to HCDE/CP.

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1.3 Time Table

HCDE/CP anticipates following the timetable listed below for this job. The table below is only an estimate and may vary.

TIME TABLE

Item Activity Date

1 CSP Advertised - 1st run Friday, May 15, 2026

2 CSP Advertised - 2nd run Monday, May 18, 2026

3 Pre-Proposal Meeting Wednesday, May 20, 2026

@ 10:30 AM CT

(Virtual per Section 3.2.1)

4 Unit Price Book (UPB Training) Wednesday, May 20, 2026

@ 11:30 AM CT

(Virtual per Section 3.2.2)

5 Questions Due – via HCDE eBid Tuesday, June 9, 2026

@ 2:00 PM CT

6 Proposals Due / Public Bid Opening via Zoom Tuesday, June 16, 2026

@ 2:00 PM CT

(Virtual per Section 3.2.2)

7 Tentative Award Date Wednesday, August 19, 2026 eBid Maintenance and JOC Components CSP (revised November 2025) Page 8 of 51

2.0 INTRODUCTION TO CHOICE PARTNERS COOPERATIVE

2.1 Description of CP Members

2.1.1 Contract Availability

Contract(s), if any, awarded as a result of this CSP will be available for use by HCDE. Additionally, contract(s) awarded as a result of this CSP will also be available for use by Choice Partners (CP) members.

HCDE/CP, a local governmental entity, currently has more than 2,600 members and keeps growing every day. Many CP members constitute “school food authorities,” as that term is defined by USDA/TDA.

Contract(s), if any, awarded as a result of this CSP will be available to CP members to review and copy on an

“as needed” basis from a list of contracts that have been competitively procured and awarded to Vendors based on the selection criteria set forth in Section 4.0 Evaluation and Award. All related records, reports, and documents related to the competitive procurement of any contract(s) awarded as a result of this CSP will also be available to CP members to review and copy on an “as needed” basis.

2.1.2 Cooperative Procurement

By allowing eligible entities to piggyback onto existing contract(s) between HCDE and Vendors, those entities can accomplish the legally-required competition for contracts of commonly purchased products and services, thereby saving the individual entity the cost of going through the procurement process. Vendors benefit as well by having a multi-year contract and by saving the time and expense of going through the procurement process for each individual participating governmental entity. The specific scope of work for each Supplemental Contract/Purchase Order shall be determined in advance and in writing between the CP member and the Vendor.

2.1.3 Interlocal Cooperation Act

Pursuant to TEX. GOV’T. CODE Chapter 791, the Interlocal Cooperation Act, and similar statutes of other states, as well as directives issued by the Texas Department of Agriculture and the United States Department of Agriculture, HCDE and CP members participate in an Interlocal Contract to provide governmental functions and services, including procurement services, which permits CP members to make purchases using contracts procured by HCDE.3 A local government that purchases products and services under the Interlocal Cooperation Act satisfies the requirement of the local government to seek competitive bids for the purchase of the products and services. TEX. GOV’T. CODE § 791.025(c). An interlocal contract between a governmental entity and a purchasing cooperative may not be used to purchase engineering or architectural services. TEX. GOV’T. CODE § 791.011(h).

3 See, e.g., TEX. EDUC. CODE § 44.031(a)(4) (“all school district contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel, valued at $50,000 or more in the aggregate for each 12-month period shall be made by the method…that provides the best value for the district[, including] an interlocal contract”); TEX. EDUC. CODE § 51.9335(a)(4) (each institution of higher education, as that term is defined by Tex. Educ. Code § 61.003, including each public junior college to the extent possible, “may acquire goods or services by the method that provides the best value to the institution, including… a group purchasing program.”); TEX. EDUC. CODE § 73.115(a)(4) (University of Texas at Houston “may acquire goods or services by the method that provides the best value to the institution, including… a group purchasing program.”); TEX.

EDUC. CODE § 74.008(a)(4) (University of Texas Medical Branch at Galveston “may acquire goods or services by the method that provides the best value to the medical branch, including…a group purchasing program.”); TEX. LOCAL GOV’T. CODE Chapter 271 (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments); TEX.

LOCAL GOV’T. CODE Chapter 262 (Purchasing and Contracting Authority of Counties); 2 C.F.R. § 200.318(e) General Procurement Standards (“To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the non-federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be applied to documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements”); United States Department of Agriculture Memorandum SFSP02-2017.

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2.1.4 Contracts Involving Federal Funds

Because at the time of procurement, HCDE is unable to determine which of its procurements/contracts will be used by CP members using federal funds, HCDE intends to competitively procure each and every contract awarded by HCDE under Section 44.031 of the Texas Education Code and intends to comply with the federal Uniform Guidance, 2 CFR Part 200 (also known as “EDGAR”) for every procurement action. To comply with the Uniform Guidance, HCDE will make an independent estimate of the value of goods or services in the current market before receiving bids or proposals. After HCDE receives bids and proposals but before awarding a contract, HCDE will also conduct a price or cost analysis and document its findings. For contracts at or above the simplified acquisition threshold, CP members must verify that HCDE fulfilled its requirement to conduct a cost or price analysis in order to benefit from the ability to purchase goods and services from CP directly without the need for additional procurement activities or documentation. HCDE will provide its Independent Estimate Determination Form and Determination of Cost or Price Reasonableness Form to a CP member upon request, but HCDE/CP recommends that when circumstances necessitate separate evaluation of lump-sum pricing (i.e., when a CP member is purchasing at or above the simplified acquisition threshold), CP members also conduct an independent evaluation of cost or price reasonableness tailored to the CP member’s specific purchases so that the CP member can independently determine the reasonableness of the cost/price of the particular purchase. Stated differently, if the CP member’s verification of CP’s compliance with EDGAR reveals that the lump-sum price includes goods or services for which CP could not have performed a cost or price analysis, the CP member should conduct an independent cost or price analysis.4

HCDE maintains and uses documented procedures for procurement, transactions under a Federal award or subaward, including for the acquisition of property or services. HCDE’s documented procurement procedures are consistent with State, local and tribal laws and regulations, and federal standards in 2 CFR §§ 200.317 through 200.327 of subpart D—Post Federal Award Requirements.

2.2 Financing of HCDE/CP

2.2.1 Member Fees

HCDE/CP does not charge membership fees to CP members.

2.2.2 HCDE/CP Fees

The total cost of the HCDE/CP program is funded through the HCDE/CP Administrative Fee paid to HCDE/CP by Vendors. The HCDE/CP Fee is based on a percentage of vendor sales, less special insurance and required bonding, if applicable.

2.2.3 HCDE/CP Assistance

HCDE/CP will provide limited oversight in assisting both CP members and Vendors in marketing to CP members, training (education), and provide, at a minimum, an annual review of each Vendor. This service will be paid for out of the HCDE/CP Fee. HCDE/CP will not market or sell directly for Vendors.

2.2.4 CP Member Credits

All rebates, discounts, and other applicable credits that are granted by Vendors as a result of Supplemental Contracts shall accrue exclusively to CP member(s).

2.2.5 Pricing Disclosure

Vendor expressly agrees that HCDE/CP may disclose Vendor’s proposal, including, but not limited to, pricing information, to other governmental entities/CP members.

4 See News from the Div. of Grants Admin.: Procurement Question Added to EDGAR FAQ Doc., Texas Educ. Agency (July 2, 2015); New EDGAR Regs. Frequently Asked Questions: Preliminary Guidance Applicable to all Federally Funded Grant Programs Administered by the Texas Educ. Agency (2014); 2 C.F.R § 323(a) (cost or price analysis requirement).

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2.3 HCDE/CP Procedures

2.3.1 Compliance with Applicable Procurement Rules and Regulations Contracts are awarded through fair and open competition in compliance with applicable procurement rules and regulations. All prices charged to CP members are firm, fixed prices and under no circumstances are cost-plus-percentage-of-cost pricing structures allowable under this Contract when federal funds are being expended.

2.3.2 Proposal Request Process

2.3.2.1 The CP member sends a proposal request to the Vendor.

2.3.2.2 The Vendor prepares and sends to the CP member its proposal. The CP member conducts an evaluation of cost or price reasonableness, if the CP member is using $250,000 or more of federal funds and an independent cost/price evaluation is necessary.

2.3.2.3 The Vendor and the CP member agree on a Purchase/Job Order/Supplemental Contract.

2.3.2.4 The Vendor delivers product(s)/service(s) directly to the CP member and then invoices the CP member.

2.3.2.5 The Vendor receives payment directly from CP member.

2.3.2.6 Individual CP members upload an activity purchasing report to the HCDE/CP rebate portal, and

Vendors email an activity sales report to the designated CP contact.

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3.0 INSTRUCTIONS TO VENDORS

3.1 Proposal Response Format

To qualify for evaluation, a proposal must be submitted on time and must materially satisfy all mandatory requirements identified in this CSP. Vendors must follow the format instructions detailed below in preparing and submitting their proposals.

3.1.1 Required Format

Vendors shall submit proposals online in the HCDE/CP eBid system at the following address:

https://hcdeebid.ionwave.net The Vendor is responsible for ensuring that HCDE/CP has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda or other critical information.

3.1.2 Required Documents

The following items must be completed, executed, and dated by the authorized bidder. Scan and upload electronically signed documents (e.g. DocuSign) in the Response Attachments section in the HCDE eBid System or if using a wet signature document, it must be scanned and uploaded in the Response Attachments section of your proposal in the HCDE eBid System and the originals MUST be mailed or hand delivered within 5 business days of the bid closing to Choice Partners, 6005 Westview Drive, Houston, TX 77055 with the RFP number and title clearly marked on the outside of the envelope.

Failure to include/upload these items may result in non-award.

a. Completed eBid Attributes section

b. Completed 10.0 Attachment Packet

c. Completed Texas Ethics Commission Form 1295

d. Previous work history with local government agencies within the past 5 years; current Choice

Partners members. Please include project highlights such as construction costs, completion date, client name, and pictures of completed work.

e. Company Organization Chart

f. Documentation of Vendor’s financial capability, such as financial statements, balance sheet, etc. for the last 3 years; stamp CONFIDENTIAL

g. Surety letter showing Vendor’s bonding capacity

h. QA / QC Program

i. Insurance Coverage Certification (See Section 5.44).

j. Vendor’s logo in JPEG (.jpg) format

k. Marketing Plan

l. Link to Vendor’s website

m. Any applicable certificates (i.e., HUB, SWBE, licenses, Form 1295, etc.)

n. Safety plan; the record shall be defined as an offeror’s OSHA (Occupational Safety and Health

Administration) inspection logs for the last three years, a loss analysis from the offeror’s insurance carrier, and a loss history covering all lines of insurance coverage carried by the offeror.

o. Pricing; Coefficient

p. Maintenance Rates for Labor (Hourly Rates)

q. Materials Maintenance Pricing

r. Example of a small project in unit price book

s. Office locations with key contacts (title, email, and phone number)

t. Exceptions to the contract MUST be redlined in the Terms and Conditions Section 5.0 and uploaded in the Response Attachments section of eBid submissions

Vendor shall provide an electronic version of its logo for use on the CP website upon Contract award, submit records (including pricing information, electronic catalogs, and price lists) in a form desired by Vendor to be uploaded to CP’s website, and provide other information as reasonably requested by HCDE/CP to help ensure that the CP website is current and consistently updated.

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3.1.3 Proposal Response Location

Proposals shall be received no later than the submittal day and time deadline in the HCDE/CP eBid System.

3.1.4 Submission of Proposals

Proposers MUST respond to BOTH the job order contracting component and the maintenance component. Proposals that are received for the Modular Buildings and Related Items (JOC-IDIQ) component only or the maintenance component Only will be considered unresponsive to this CSP.

Choice Partners is looking for highly qualified and specialized vendors (see 7.0 Specifications for the list of IDIQ divisions for this CSP).

HCDE/CP will only accept bids and proposals submitted online. Faxed or electronically transmitted proposals will not be accepted. Deviations from any terms, conditions and/or specifications shall be conspicuously noted in writing by the Vendor and shall be included with the proposal. Withdrawal of proposals will not be allowed for a period of 180 days following the opening. Withdrawal of proposals prior to the submission deadline is permitted. Copyrighted proposals are unacceptable and may be disqualified.

3.1.5 HCDE/CP Reservations

HCDE/CP reserves the right to:

a. Cancel this solicitation in whole or in part, at the sole discretion of HCDE/CP.

b. Accept, reject, or negotiate modifications in any terms of the Vendor’s proposal or any parts thereof.

c. Conduct oral interviews/discussions or presentations necessary to select the best value Vendor and/or to obtain competitive pricing.

d. Reject and/or disqualify any or all proposals received, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interest of HCDE/CP and/or CP members.

e. Waive any formalities, technicalities, or other defects if deemed in the best interest of HCDE/CP and/or CP members.

f. Request clarification and/or correction of Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities.

g. Be the sole judge of quality and equality.

h. Award one or more contracts, in part or in whole, to a single or to multiple Vendors, in HCDE/CP sole discretion.

i. Make all decisions regarding this CSP, including, without limitation, the right to decide whether a proposal substantially complies with the requirements of this CSP.

3.1.6 Financial Responsibility

HCDE/CP assumes no financial responsibility for any costs incurred by Vendors in developing and submitting a proposal or any amendments or addenda, participating in pre-proposal meetings, participating in any negotiation sessions or discussions, or any other costs incurred by Vendors pursuant to this CSP.

3.1.7 Compliance with Specifications and Contract

Vendors are requested to submit a proposal offering their total line of available products and services that are commonly purchased by governmental entities, school districts, and other public, not-for-profit agencies and organizations. Proposals shall be deemed responsive if they comply with all material and administrative aspects of this CSP. Vendors are required to respond to all requests identified in this CSP and indicate their acceptance or objection to the terms of the CSP and the Contract terms in section 5 Terms and Conditions. Any exceptions to the terms and conditions in the CSP or the Contract must be clearly indicated in the Vendor’s submitted proposal. Deviations or exceptions stipulated in a Vendor’s response may result in disqualification.

Any language to the effect that the Vendor does not consider this CSP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified. Each Vendor, by making its proposal, represents that the Vendor has read and understands the CSP and the Contract.

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3.2 Public Meetings

3.2.1 Pre-Proposal Meeting (non-mandatory) and UPB Training

HCDE/CP has set up a virtual pre-proposal meeting for responding vendors to call, ask questions and listen while we explain the e-Bid submission process.

3.2.1.1 Invite link, Meeting ID and Passcode will be published in HCDE eBid system to all invited vendors.

3.2.2 Public Bid Opening Meeting (non-mandatory)

HCDE/CP has set up a virtual bid opening meeting to announce the submitted responders.

3.2.2.1 Invite link, Meeting ID and Passcode will be published in HCDE eBid system to all invited vendors.

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4.0 EVALUATION AND AWARD

4.1 Award of Contract

In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the responsible Vendor(s) whose proposal(s) is/are determined after evaluation by HCDE/CP to be the best value to HCDE/CP and to CP members. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document. HCDE shall comply with the Texas Public Information Act in the event HCDE receives an open records request for information relating to proposals submitted in response to this RFP.

4.2 Competitive Range

It may be necessary for HCDE/CP to establish a competitive range of acceptable proposals as part of the evaluation process. Proposals not in the competitive range are unacceptable and will not receive further award consideration.

4.3 Conflict of Interest – EDGAR

In accordance with federal EDGAR requirements, 2 CFR § 200.318(c)(1), no employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by a federal award. A conflict of interest includes when the employee, officer, agent, board member, or any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

An officer, employee, agent, or board member of HCDE may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, through HCDE’s written procedures, HCDE has set a de minimis amount of less than $50 per year for items that are unsolicited and of minimal value and promotional items.

Violations of this standard by an employee will be reported to the Superintendent’s Office and addressed through HCDE’s personnel policies. Violations of this standard by an officer or the Superintendent shall be addressed to the Board President and addressed through HCDE Board policies.

4.4 Deviations and Exceptions to Requirements/Contract Terms

Deviations or exceptions stipulated in a Vendor’s response may result in disqualification. Any language to the effect that the Vendor does not consider this CSP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified. ANY DEVIATIONS/EXCEPTIONS TO SECTION 5.0 CONTRACT TERMS

AND CONDITIONS MUST BE CLEARLY INDICATED VIA TRACK CHANGES/REDLINE

DIRECTLY BELOW EACH OF THE RESPECTIVE TERMS AND CONDITIONS AND UPLOADED

INTO THE RESPONSE ATTACHMENTS SECTION OF THE EBID SUBMISSION.

4.5 Clarification and/or Discussions

HCDE/CP may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change, or modify its proposal in any way except to the extent of correction of the error. Discussion between HCDE/CP and Vendor can also take place after the initial receipt of proposals. HCDE/CP reserves the right to conduct discussions with all, some, or none of the Vendor submitting proposals. HCDE/CP will not assist the Vendor in the revision or modification of its proposal, nor will HCDE/CP assist the Vendor in bringing its proposal to the same level of other proposals received by HCDE/CP. Negotiations or discussions, if any, will not consist of a back-and-forth exchange resulting in contract, but rather will seek clarification or obtain equivalent elements.

Questions related to the CSP can be submitted online at https://hcdeebid.ionwave.net no later than five (5) business days prior to the submittal deadline date. All submitted questions and answers will be listed online.

Questions will not be answered verbally or by phone.

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4.6 No Guarantee of Quantities

HCDE/CP makes no guarantee or commitment of any kind concerning quantities that will actually be purchased under this CSP and the resulting contract, if any. HCDE/CP makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this CSP. Vendors, however, are expected to carry sufficient inventories to service the needs of HCDE and CP members and shall furnish all required goods and/or services to HCDE and CP members at the stated price, when and if required. Because all commodities will be provided on an “as needed” basis, HCDE makes no representation either orally or in writing to the amount of commodities, services, or related items HCDE or CP members will use during the Term of the Contract.

4.7 Formation of Contract (Execution of Offer)

A response to this CSP is an offer to contract with HCDE based upon the terms, conditions, scope of work, and specifications contained in this CSP. An CSP does not become a contract unless and until it is accepted by HCDE after approval by the HCDE Board of Trustees. A contract is formed when either HCDE’s Superintendent or Assistant Superintendent for Business Support Services signs the Signature Form. The Vendor must submit a signed Signature Form, thus eliminating the need for the formal signing of a separate contract.

4.8 Multiple Awards

HCDE reserves the right to award contracts to multiple vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with HCDE. HCDE may make multiple awards;

this fact should be taken into consideration by each Vendor.

4.9 Non-Exclusive Contract

Any contract resulting from this CSP is non-exclusive and shall be awarded with the understanding and Contract that it is for the sole convenience of HCDE and CP members. HCDE and CP members are free to have multiple contracts for the awarded products and/or services and may initiate other procurement solicitations or procurement activity with other suppliers at any time, at HCDE’s or CP members’ sole discretion.

4.10 Disqualification

A Vendor may be disqualified before or after the proposals are opened upon evidence of collusion with the intent to defraud or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage. A Vendor may also be disqualified before or after the proposals are opened in the event Vendor is out of compliance with an existing contract with HCDE.

4.11 Environmental Initiatives

HCDE is committed to reducing waste and promoting energy conservation. Toward that end, Vendors responding to this solicitation are encouraged to provide their company’s environmental policy and green initiative.

4.12 Interpretation

This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions and understandings (whether orally or in writing). Submitted proposals should be self-explanatory and should not require any clarification or additional information.

4.13 Funding

HCDE and CP members receive a variety of federal, state, and/or grant funding. Performance by HCDE and CP members under any contract or Supplemental Contract entered into pursuant to this RFP may be dependent upon the appropriation and allotment of state/federal/grant funds (a “Prime Contract”) and allocation of funds by HCDE/CP members. If HCDE or a CP member is not appropriated or allocated the necessary federal/state/grant funds or its funding under a Prime Contract is eliminated or decreased, or HCDE or a CP member fails to allocate the necessary funds, then HCDE or a CP member will issue written notice to Vendor and HCDE or the CP member may terminate the Contract or Supplemental Contract without further duty or obligation to Vendor.

Vendor acknowledges that appropriation, allotment, and allocation of funds may be beyond the control of HCDE and/or CP members. Vendor shall strictly comply with all applicable Prime Contract requirements and all eBid Maintenance and JOC Components CSP (revised November 2025) Page 16 of 51 applicable flow-down, referenced, and incorporated provisions therein and shall cooperate with HCDE and the CP member in fulfillment of HCDE’s or the CP member’s obligations under the Prime Contract.

4.14 No Return of Proposals

Once submitted, HCDE will not return proposals to Vendor.

4.15 Non-Collusion Statement

Vendors are required to certify a Non-Collusion Statement. (See Section 10.0 Attachments) Vendors are required to state the party submitting a proposal or bid, that such proposal or bid is genuine and not collusive or sham; that Vendor has not colluded, conspired, connived or agreed, directly or indirectly, with an entity or person, to put in a sham proposal or bid or to refrain from proposing , and has not in any manner, directly or indirectly, sought by Contract or collusion, or communication or conference, with any person, to fix the proposed price or of any other vendor, or to fix any overhead, profit or cost element of said proposed price, or of that of any other vendor, or to secure any advantage against HCDE or any person interested in the proposed contract, and that all statements in said proposal are true.

4.16 Preferences

HCDE may apply applicable preferences for Texas resident Vendors in the event of a tie bid. Preferences must be explicitly claimed by Vendor and may not be applicable in all procurements and/or contracts, including those involving federal funds unless specifically authorized by federal regulations. See TEXAS

GOV’T. CODE §2252.001-.004; 2 C.F.R. § 200.319.

4.17 Responsible Vendor

HCDE may only award contracts to Responsible Vendor(s) who possess the ability to perform successfully under the terms and conditions of a proposed procurement contract. A Responsible Vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein. When determining if a vendor is responsible, HCDE will consider the proposer’s integrity, compliance with public policy, record of past performance, and financial and technical resources.

4.18 Responsive Proposal

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this CSP.

4.19 Similar Products or Materials

Whenever product(s) and/or material(s) are referred by HCDE/CP in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied, as applicable. The specified product(s) and/or material(s) shall be understood as indicating type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency, as applicable.

4.20 Material Changes

If a material change to a contract entered into between HCDE/CP and Vendor occurs, then the contract will not be renewed upon the conclusion of its term. Upon the expiration of the term, HCDE/CP may issue a new CSP for the goods or services procured under the previously-existing contract. Material change means a modification that substantially exceeds the terms of the original contract between HCDE/CP and Vendor.

4.21 Appeal/Protest Process

Any Vendor who submitted a proposal may appeal HCDE’s award, if the appeal is based on deviations from laws, rules, regulations, or HCDE Board policies. HCDE Board Policy GF (Local) applies to any Vendor wishing to appeal a proposal and/or award of a contract. In accordance with Policy GF (Local), a Vendor shall submit a complaint/appeal form by hand-delivery, fax, or U.S. mail, to HCDE’s Director of Choice Partners.

Complaints/appeals must be received by the close of business on or before the 15th HCDE business day after award of the contract. In the event Vendor is unsure about the award of the contract, it is the Vendor’s responsibility to contact Choice Partners on the next business day after the award is announced and verify details concerning the award.

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4.22 Evaluation of Proposals

For the maintenance component of this RFP, HCDE/CP represents that it has considered each of the criteria in Texas Education Code § 44.031(b), thereby fulfilling Section 44.031(b)’s requirement that it “shall consider” the criteria listed in 44.031(b); in accordance with Module 5 of the TEA FASRG and applicable federal laws, HCDE/CP has determined which criteria should be considered most important and has assigned weights/points to each criterion based on its importance. A committee of HCDE/CP employees and/or CP members will review and evaluate proposals and make a recommendation to the HCDE Board of Trustees. HCDE/CP will base a recommendation for contract award on the following factors with a minimum score of 70 to be considered for award: 5

Evaluation Criteria Point Value

Pricing (JOC & Maintenance Price component):

Overall cost of program

A. Proposed Coefficient B. Hourly Wage Rates C. Pricelists

Reputation of Vendor and Vendor’s good and/or services:

A. References from governmental entities B. Work history with governmental entities within the past 5 years C. Work history with other projects completed within the past 10 years D. CP past experience and/or knowledge of vendor performance

Quality of Vendor’s goods/services and extent to which thegoods/services meet HCDE and CP members’ needs:

A. Project…