ESBD_547777_1786137104032_Bid Invitation (93).pdf

2027-1015

Central Kitchen Upgrades

Issue Date: 8/7/2026

Questions Deadline: 8/18/2026 10:00 AM (CT)

Response Deadline: 8/21/2026 03:00 PM (CT)

Contact Information Contact: Graciela Garza Address: Purchasing Services

Administration Office 2000 N 23rd St McAllen, TX 78501-6126

Phone: (956) 657-4487 Fax: (956) 657-4481 Email: ggarza@mcallenisd.net

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 1 of 47 pages

Event Information Number: 2027-1015 Title: Central Kitchen Upgrades Type: Competitive Sealed Proposal Issue Date: 8/7/2026 Question Deadline: 8/18/2026 10:00 AM (CT) Response Deadline: 8/21/2026 03:00 PM (CT) Notes: McAllen Independent School District (the “District”) invites your proposal on the referenced project.

Interested respondents may obtain specifications and submit their proposals electronically through IonWave.

Contractors submitting a response shall not discuss this CSP with employees of District or members of the Board of Trustees of the District.

Failure to abide by this requirement may result in disqualification.

***** This project is being funded, in part, by Federal U.S. Department of Agriculture/Texas Department of Agriculture (USDA/TDA) and is subject to the following Federal requirements: 2 CFR Part 200; USDA/TDA procurement regulations; the Davis-Bacon and Related Acts as well as State laws and regulations. In addition, the successful bidder must comply with all applicable federal and state equal employment opportunity and nondiscrimination laws and regulations.

Any questions regarding this solicitation must be submitted through the “Questions” option located on the Ionwave website, no later than the date and time specified on the solicitation. Questions/clarifications regarding this solicitation will not be answered by phone or email.

*Do not contact the Architect/Engineer or Project Manager. Questions/clarifications will not be answered by phone nor by email.

As a prerequisite to a Contractor’s qualifying for the award of contract on this project, the Contractor shall complete all “Line Items," provide all “Response Attachments” on Ionwave (no later than the proposal’s deadline). The District prefers that proposals be submitted via Ionwave; however, final proposals shall be submitted in hard copy format in a sealed envelope (see printing instructions located on Attachments tab “Exhibit B – How to Print a Supplier Response”). Emailed and faxed responses will not be accepted. Follow instructions listed.

Submit Hardcopies in a Sealed Envelope to:

Company Name

Project Number and Name McAllen Independent School District

Attn: Laura Williams 2000 N. 23rd

McAllen, TX 78501

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 2 of 47 pages

Ship To Information Contact: Sonia Esquivel, Director Address: Child Nutrition Services

Building D 4309 Warrior Drive McAllen, TX 78501

Phone: (956) 632-3200 Email: Sonia.Esquivel@mcallenisd.net

Billing Information Contact: Dyanira Diaz, Director Address: Accounting

2000 N. 23rd Street McAllen, TX 78501

Phone: (956) 632-8403 Email: Dyanira.farias@mcallenisd.net

Bid Activities

Pre-Proposal Conference 8/14/2026 2:00:00 PM (CT) A Pre-Proposal Conference will be held. Representatives of the Owner will be present at this meeting. All Proposers are encouraged to attend.

Administration Building Dr Ricardo Chapa Board Room

2000 N. 23rd St.

McAllen, Texas 78501

Project Site Visit 8/14/2026 2:30:00 PM (CT) A site visit will be conducted. Interested respondents are encouraged to attend.

Proposal Opening 8/21/2026 3:00:00 PM (CT) A Proposal Opening will be held. Representatives of the Owner will be present at this meeting.

Administration Building Dr Ricardo Chapa Board Room

2000 N. 23rd St.

McAllen, Texas 78501

Bid Attachments

General Terms and Conditions Construction.pdf View Online

General Terms and Conditions Construction

2027-1015 Project Manual.pdf View Online

Project Manual

2027-1015 Drawings.pdf View Online

2027-1015 Drawings

2027-1015 Reference form.pdf View Online

Reference form

Exhibit A Evaluation Matrix.pdf View Online

Exhibit A Evaluation Matrix

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 3 of 47 pages https://mcallenisd.ionwave.net//VendorLanding.aspx?e=ChggrGeNG-aTGlTrlaZp7MKubOT9f9HjfvgAmN42mJyQfH9tle2FZZMY-JMNggA~1NEIZDzrFy1smO9eZduRNg https://mcallenisd.ionwave.net//VendorLanding.aspx?e=FGMtxANVzEjZ1HiHCeZPGG-IuwYKs-1rVSuaVitrJjvHcFdNeA0uG8XGqPF1bVyVAiXl~iE6k2NW7h39E7K~zA https://mcallenisd.ionwave.net//VendorLanding.aspx?e=kTxwnVhYNWkf10XKGhfj0y~9jaOQIuV1ht20kgLqfsaxC5vkdpvAWX1X~2RrxjWYqLcjpC-u3gZk5kDxXgpJ7g https://mcallenisd.ionwave.net//VendorLanding.aspx?e=AfqvlWvY-YMIaW-YI48awg56OwtEcnKQM3eAnTCgHDkhqWa79yo42iytuT938DiZTTk8aN7B4MLDM~gR8wC0uw https://mcallenisd.ionwave.net//VendorLanding.aspx?e=KgnM7zmaa3fVK9~Z6h-Rh7ElyptgqNhYzRG4s43pX5H-UnA9EC10duI3LyfLEyEWdGuBzz6w3npI092ZdVEC3g https://mcallenisd.ionwave.net//VendorLanding.aspx?e=gI8TvtAUjkh7i~560iDYmZ5pNjcm6qxEUzp6-OWgZ955QbRgzdsYXsr1aVGTwcwW6AwMI76Wv6QLi2ZktiFtRA

Exhibit B - IONWAVE How to Print a Supplier Response.pdf View Online

Exhibit B - IONWAVE How to Print a Supplier Response

Prevailing Wages.pdf View Online

Prevailing Wages

IRS FORM W-9 Revised March 2024 (Fillable Form).pdf View Online

IRS FORM W-9

Conflict of Interest Form (CIQ) Fillable R8.14.2024.pdf View Online

Conflict of Interest Questionnaire (CIQ) form

A101-2017 - Standard Form of Agreement.pdf View Online

Draft Contract AIA Document A101 - 2017 - Standard Form of Agreement Between Owner and Contractor

A201-2017 - General Conditions.pdf View Online

Draft Contract AIA Document A201 - 2017 General Conditions of the Contract for Construction

Requested Attachments

1295 Certificate (Attachment required)

Upload completed Form 1295. Form must be completed online:

https://www.ethics.state.tx.us/filinginfo/QuickFileAReport.php. If not applicable to your company, please attach a statement indicating the reason. (refer to attribute # 3)

W9 Form (Attachment required)

Please upload your completed W9 form. (refer to attribute # 4)

Supplier Letters (Attachment required)

Upload your supplier reference letters (refer to attribute #177).

OSHA Form 300 Log of Work-Related Injuries and Illnesses (Attachment required)

Upload your OSHA form 300 log of work-related injuries and illnesses for the last three (3) years (refer to attribute #178).

Drug/Alcohol Prevention Policy and/or Procedures (Attachment required)

Upload your drug/alcohol prevention policy and/or procedures (refer to attribute #180).

Safety Program Manual and/or Procedures (Attachment required)

Upload your company's safety program manual and/or procedures for current and new employees (Refer to attribute #179).

Surety Letter (Attachment required)

Upload letter from Surety company (refer to attribute #181).

Financial Statement (Attachment required)

Upload your CURRENT financial statement (refer to attribute #182).

Bid Bond (Attachment required)

Upload Bid Bond (Refer to attribute #184-#185).

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 4 of 47 pages https://mcallenisd.ionwave.net//VendorLanding.aspx?e=gI8TvtAUjkh7i~560iDYmZ5pNjcm6qxEUzp6-OWgZ955QbRgzdsYXsr1aVGTwcwW6AwMI76Wv6QLi2ZktiFtRA https://mcallenisd.ionwave.net//VendorLanding.aspx?e=K6LdkRlE2Yf8~hO1XH3TWBTTPX104fn83CyQIGVEqClnRh9IGzzecE2G3E9UZRjX-kUfaW2Wqn8UB4xawapenQ https://mcallenisd.ionwave.net//VendorLanding.aspx?e=sLux6acMXQF-phpl52nZcp~hwoQdAZl6atjpWcl3NANLWZGhwyUm30ip55bXv5rycNJJc3ytaAU4ZhklVSxsBQ https://mcallenisd.ionwave.net//VendorLanding.aspx?e=uRFzIdIkaP-auqUnWJuAC4NL7OMq-2YJHzCxxzuxB3EBO-sjqhYOrE7rIeKT6CApH1S6FdFrbPv6alzm3Kg9YQ https://mcallenisd.ionwave.net//VendorLanding.aspx?e=5naFxtv-Ef9t80f15VE8oVX8kmwjgYXcnJ77Fbs8RzVjq-278eS2taaI2ytz3Ba6MzZhCbmOmM5L2AunGhZLZA https://mcallenisd.ionwave.net//VendorLanding.aspx?e=aGtAacGFkJLSWqM6qDNfxt2rgn6cIBnYTf4LBheOqrt5HLbUvzo7-szW7x0i37Bu90IEmS1CFl6x4lZtCkJGAg

Insurance Certificate (Acord Form) (Attachment required)

Upload your Certificate of Insurance in Acord form. (refer to section 8 of Terms and Conditions)

Conflict of Interest Questionnaire (CIQ) Form (Attachment required)

Upload your completed Conflict of Interest Questionnaire. If there is no conflict, indicate "N/A" (not applicable) on the form (refer to attribute #8).

Bid Attributes

1 Plans/Drawings, Technical Specifications, and General Terms & Conditions

Please download and read the Plans/Drawings, Technical Specifications, and General Terms & Conditions for this solicitation. Acknowledge you have read, understand, and accept.

**This is your electronic signature.

I have read, understand, and hereby acknowledge.

(Required: Check if applicable)

2 Deviations and Exceptions

If your company intends to deviate from the Specifications listed in the attached solicitation documents, all such deviations and exceptions must be listed here, with complete detailed conditions and information included. The District reserves the right to accept or reject any proposals based upon any deviations indicated below. If there is none, enter N/A (Not Applicable).

(Required: Maximum 4000 characters allowed)

3 Form 1295 - Certificate of Interested Parties

The Texas Government Code §2252.908, and the rules issued by the Texas Ethics Commission found in Title 1, Sections 46.1, 46.3 and 46.5 of the Texas Administrative Code, require a business entity to submit a completed Form 1295 before the District may enter into a contract with that business entity. Form 1295 must be submitted with your proposal and is required as condition of award. Form must be completed online.

Access form at:

https://www.ethics.state.tx.us/filinginfo/QuickFileAReport.php Complete the form Enter solicitation number and name Print and sign form Attach form on "Response Attachments" tab

If exempt, attach documentation.

I have read and understand.

(Required: Check if applicable)

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 5 of 47 pages

4 Provide the business name as it is registered with the Texas Comptroller, or similar. *Note: the name must match IRS registration and W-9 form.

Attach Completed W-9 under "Response Attachments" tab

(Required: Maximum 1000 characters allowed)

5 Felony Conviction Notification

Texas Education Agency Code, Section 44.034, Notification of Criminal History, Subsection (a), states, "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states, "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Subsection (c) states “This section does not apply to a publicly held corporation.”

Select where applicable:

A. My company is not owned nor operated by anyone who has been convicted of a felony.

B. My company is owned or operated by an individual(s) who has/have been convicted of a felony.

C. My company is a publicly held corporation; therefore, this above reporting does not apply as per Section 44.034, Texas Education Code, Subsection (c).

**This is your electronic signature.

A. My company is not owned nor operated by a felon.

B. My company is owned or operated by a felon. C. My company is a publicly held corporation.

(Required: Check only one)

6 Felony Conviction Details

If your firm is owned or operated by anyone who has been convicted of a felony, please list their names and the details of the conviction(s). If it is not applicable, please enter N/A (not applicable).

7 Criminal History Record Information Review of Certain Contract Employees

Background: Texas Education Code Chapter 22 requires that criminal history records be obtained regarding covered employees of entities that contract with a school district to provide services to the school district (“Contractors”) and entities that contract with school district contractors (“Subcontractors”). Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Contractors/Subcontractors shall (1) complete this form certifying compliance with the requirements of Texas Education Code Chapter 22 to district; and (2) require that each of their subcontractors complies with the requirements of Texas Education Code Chapter 22.

Contractor agrees to comply with Section 22.0834. Criminal History Record Information Review of Certain Contract Employees, Texas Education Code. The undersigned Contractor shall obtain criminal history record information through the criminal history clearinghouse as provided by Section 411.0845, Government Code relating to an employee or applicant who has or will have continuing duties related to the contracted services; and the employee or applicant has or will have direct contact with students. The Contractor agrees to certify of the receipt of criminal history record information before or immediately after employing or securing the services of the employee or

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 6 of 47 pages applicant that has or will have continuing duties related to the contracted services if the employee or applicant has or will have direct contact with students. The Contractor further agrees that if awarded a contract, Contractor shall assume all expenses associated with the criminal background check and shall immediately remove any employee or agent who was convicted of a felony or misdemeanor involving moral turpitude, as defined by Texas law, from District property or the location where students are present.

DEFINITIONS:

Covered employees: Employees of a Contractor/Subcontractor who have or will have continuing duties related to the service to be performed at a school district and have or will have direct contact with students. District will be the final arbiter of what constitutes continuing duties and direct contact with students.

Continuing duties related to contracted services: Work duties that are performed pursuant to a contract to provide services to a school entity on a regular, repeated basis rather than infrequently or one-time only. See 19 Tex.

Admin. Code §153.1101(2).

Direct contact with students: The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students.

See 19 Tex. Admin. Code § 153.1101(7).

Public Works Contractor: An entity that contracts directly or subcontracts with an entity that contracts with a school district to provide construction services to the school district.

Exception for Certain Public Works Contractors’ Employees and Applicants: The criminal history record information requirements outlined above do not apply to an employee or applicant for employment of a public works contractor (as defined above) if: (1) the public work does not involve the construction, alteration, or repair of an instructional facility as defined by Texas Education Code Section 46.001; (2) the employee’s duties will be completed not later than the seventh (7th) day before a new instructional facility will be used for instruction; or (3) for an existing instructional facility, the work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence at least six (6) feet high, and the Contractor adopts, informs employees of, and enforces a policy prohibiting employees and any subcontractor’s employees from interacting with students or entering areas used by students.

Disqualifying criminal history:

(1) A conviction or other criminal history information designated by district or (2) a felony or misdemeanor offense that would prevent a person from being employed under Texas Education Code § 22.085(a), that is: (a) conviction of a felony offense under Title 5, Texas Penal Code if at the time of the offense, the victim was under 18; (b) conviction of or placement on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) conviction of an offense under federal law or the laws of another state that is equivalent to (a) or (b).

Types of Criminal History Record Information:

National criminal history record information from the Texas Department of Public Safety criminal history clearinghouse. District may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a covered employee.

Contractor hereby certifies to McAllen Independent School District (“DISTRICT”) (and, in the case of a Subcontractor, certify to Contractor and DISTRICT) that [select one]:

OPTION A. Contractor/Subcontractor certifies that none of the employees of Contractor/Subcontractor are covered employees, as defined above. For each covered employee who is employed by or under a current offer of employment by Contractor/Subcontractor, Contractor/ Subcontractor certifies to DISTRICT that it will timely complete the “Waiver for Criminal History Record Information” form and submit such to DISTRICT. If this box is checked, I further certify that Contractor/Subcontractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees. Contractor/Subcontractor will ensure that these precautions or conditions continue to exist throughout the time that the contracted services are provided. If DISTRICT, in its sole discretion, determines that employees of Contractor/Subcontractor are covered employees, as defined above, Contractor/Subcontractor will provide DISTRICT with the name, date of birth, and any other requested information of such covered employees so that DISTRICT may obtain criminal history record information on the covered employees, upon request by DISTRICT.

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OR

OPTION B. Contractor/Subcontractor certifies that some or all of the employees of Contractor/Subcontractor are covered employees, but the criminal history record information ("CHRI") requirements do not apply to its employees or applicants for employment because:

(1) Contractor/Subcontractor is a public works contractor (an entity that contracts directly or subcontracts with an entity that contracts with a school district to provide construction services to the school district); and

(2) the public work does not involve the construction, alteration, or repair of an instructional facility as defined by Texas Education Code Section 46.001; the employee’s duties will be completed not later than the seventh (7th) day before a new instructional facility will be used for instruction; or for an existing instructional facility, the work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence at least six (6) feet high, and the Contractor adopts, informs employees of, and enforces a policy prohibiting employees and any subcontractor’s employees from interacting with students or entering areas used by students.

If this option is selected, Contractor/Subcontractor further certifies to McAllen Independent School District (“DISTRICT”) that:

a) Contractor/Subcontractor shall ensure that the conditions or precautions that resulted in the determination that the criminal history record information requirements do not apply to its employees or applicants for employment continue to exist throughout the time that the contracted services are provided;

b) For each covered employee who is employed by or under a current offer of employment by Contractor/Subcontractor, Contractor/Subcontractor will timely complete the “Contractor Criminal History Background Check Certification” form and submit such to DISTRICT; and

c) If DISTRICT, in its sole discretion, determines that the conditions in paragraph (1) and/or (2) above are not satisfied as to Contractor/Subcontractor, Contractor/Subcontractor will provide DISTRICT with the name, date of birth, and any other requested information of its covered employees so that DISTRICT may obtain criminal history record information on the covered employees, upon request by DISTRICT.

OR

OPTION C: Contractor/Subcontractor certifies that some or all of the employees of Contractor/Subcontractor are covered employees. If this option is selected, I further certify that:

(1) For each covered employee who is employed by or under a current o f fer o f employment by Contractor/Subcontractor, Contractor/Subcontractor certifies to DISTRICT that will timely complete the “Contractor Criminal History Background Check Certification” form and submit such to DISTRICT, providing the following information regarding each covered employee as required by DPS in order to provide criminal history record information, so that DISTRICT may obtain the covered employees’ criminal history record information: (a) Full name (first, middle, and last); (b) Date of birth; (c) Sex; (d) Social Security number; (e) number assigned to any form of unexpired identification card issued by Texas or another state, the District of Columbia, or a U.S. territory that includes the person’s photograph; (f) if the employee has ever been fingerprinted by a public school district in Texas (and if so, the name of the school district); and (g) the person’s written consent to the release of his or her criminal history record information.

(2) Contractor/Subcontractor shall provide DISTRICT “Texas Fingerprint Service Code Form” document to all covered employees and ensure that they schedule fingerprinting appointments in a timely manner.

Contractor/Subcontractor shall be solely responsible to send or ensure that each covered employee sends to DPS all information that may be required by DPS for obtaining national criminal history record information, which may include, but is not limited to, a complete set of the person’s fingerprints and a recent electronic digital image photograph of the person. Any covered employee whose criminal history record information is not received prior to start of the services to be performed by Contractor/Subcontractor at DISTRICT is subject to exclusion from service, in DISTRICT’s sole discretion, until his or her criminal history record information can be obtained and reviewed by DISTRICT. Contractor/Subcontractor is responsible for the payment of all fingerprinting costs. Contractor/Subcontractor will not be permitted to view the criminal history record information obtained by DISTRICT.

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(3) DPS shall obtain the person’s national criminal history record information and report the results through t h e c r i m i n a l h i s t o r y c l e a r i n g h o u s e a s p r o v i d e d b y T e x a s G o v e r n m e n t C o d e 4 1 1 . 0 8 4 5 .

Contractor/Subcontractor agrees that DISTRICT will obtain all criminal history record information that relates to a covered employee through the criminal history clearinghouse as provided by Texas Government Code

411.0845. Contractor/Subcontractor agrees that DISTRICT will review each covered employee’s criminal history record information, together with the employee’s qualifications, background, and experience, based on information gathered by DISTRICT through the procurement and/or contracting processes, to determine, in DISTRICT’s sole discretion, whether any covered employee(s) should be prohibited from serving at DISTRICT. DISTRICT will notify Contractor/Subcontractor of its determination.

(4) If DISTRICT at any time receives information that a covered employee subsequently has a reported disqualifying criminal history or should be prohibited from serving at DISTRICT, in DISTRICT’s sole discretion, for any other reason, including, but not limited to, the employee’s qualifications, background, and experience, based on information gathered by DISTRICT through the procurement and/or contracting processes, DISTRICT will notify Contractor/Subcontractor of its determination. Contractor/Subcontractor will immediately remove the covered employee from contract duties.

Upon contract award and/or initiation of PO/contract from DISTRICT, the winning proposer/Contractor shall complete DISTRICT’s “Waiver for Criminal History Record Information” form, providing the following information regarding each covered employee as required by DPS in order to provide criminal history record information, so that DISTRICT may obtain the covered employees’ criminal history record information: (a) Full name (first, middle, and last); (b) Date of birth; (c) Sex; (d) Social Security number; (e) number assigned to any form of unexpired identification card issued by Texas or another state, the District of Columbia, or a U.S. territory that includes the person’s photograph; (f) if the employee has ever been fingerprinted by a public school district in Texas (and if so, the name of the school district); and (g) the person’s written consent to the release of his or her criminal history record information. Contractor/Subcontractor shall be solely responsible to send or ensure that each covered employee sends to DPS all information that may be required by DPS for obtaining national criminal history record information, which may include, but is not limited to, a complete set of the person’s fingerprints and a recent electronic digital image photograph of the person.

If, during the term of the contract with DISTRICT, Contractor/Subcontractor employs additional covered employees or assigns new covered employees to perform services at DISTRICT, Contractor shall immediately notify DISTRICT and provide DISTRICT with all of the information listed in the preceding paragraph as to each additional covered employee, so that DISTRICT may obtain the additional covered employees’ criminal history record information. If, during the term of the contract with DISTRICT, Contractor/Subcontractor ceases to employ a covered employee in connect ion w i th a DISTRICT cont rac t , whose in format ion was prev ious ly prov ided to DISTRICT, Contractor/Subcontractor shall immediately notify DISTRICT of the same and provide DISTRICT with each former covered employee’s (a) Full name (first, middle, and last); (b) Date of birth; (c) Sex; (d) Social Security number; and

(e) number assigned to any form of unexpired identification card issued by Texas or another state, the District of Columbia, or a U.S. territory that includes the person’s photograph, so that DISTRICT may unsubscribe from that individual’s criminal history record.

If DISTRICT, in its sole discretion, objects to the assignment of a covered employee for any reason, including, but not limited to, on the basis of the covered employee’s criminal history record information and/or insufficient qualifications, lack of experience, and the like, based on information gathered by DISTRICT through the procurement and/or contracting processes, Contractor/Subcontractor agrees to discontinue using that covered employee to provide services at DISTRICT.

I also certify to DISTRICT (and, in the case of a Subcontractor, certify to Contractor and DISTRICT) on behalf of Contractor/Subcontractor that Contractor/Subcontractor has required its subcontractors to comply with Texas Education Code, Chapter 22 and obtained certifications from its subcontractors of such compliance. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

**This is your electronic signature.

OPTION A. None of the Employees - I hereby agree and certify.

OPTION B. Some or All are Covered but CHRI requirements do not apply - I hereby agree and certify.

OPTION C. Some or All Employees are Covered Employees - I hereby agree and certify (Required: Check only one)

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8 Conflict of Interest Disclosure Statement

McAllen Independent School District (“District”) is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. House Bill 23 significantly changed Chapter 176 as well as the required disclosures and the corresponding forms. As of September 1, 2015, any vendor who does business with DISTRICT or who seeks to do business with DISTRICT must fill out the new Conflict of Interest Questionnaire (CIQ) whether or not a conflict of interest exists. A conflict of interest exists in the following situations:

1. If the vendor has an employment or other business relationship with a local government officer of DISTRICT or a family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or

2. If the vendor has given a local government officer of DISTRICT, or a family member of the officer, one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (a) a political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a guest; or

3. If the vendor has a family relationship with a local government officer of DISTRICT.

“Vendor” means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a vendor. The term includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract. The term does not include a state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7).

"Business relationship” means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Texas Local Government Code 176.001(3).

"Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).

“Local government officer” means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor.

Texas Local Government Code 176.001(4).

I have read and hereby agree.

(Required: Check if applicable)

9 Confidential/Copyrighted Information

Contractor agrees, if a bid/proposal/quote is, or parts of bid/proposal/quote is confidential, the Contractor has specif ied by stamping in bold letters the term “CONFIDENTIAL” on a l l or the conf ident ia l par t o f the bid/proposal/quote. The bid/proposal/quote may be considered public information even though all or parts are marked confidential. Furthermore, Contractor agrees a copyrighted bid/proposal/quote is unacceptable and will be disqualified as unresponsive.

**This is your electronic signature.

I have read and hereby agree.

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Declaration of Business Location - Texas Education Code 44.031(b)(8)

Bidder certifies the Bidder’s or the Bidder’s ultimate parent company or majority owner:

A. Has its principal place of business in the State of Texas; OR B. Employs at least 500 persons in the State of Texas C. Principal place of business is not in the State of Texas.

**This is your electronic signature.

A. Principal place of business is in Texas B. Principal place employs 500+ in Texas

C. Principal place is NOT in Texas (Required: Check only one)

Declaration of Business Location - Texas Education Code 44.031(b)(8)

Specify principal place of business (City/State).

If it is not applicable, please enter N/A (not applicable).

Delinquent Taxpayers - Texas Education Code 44.044

The District shall not enter into a contract or other transaction with a person indebted to the District, nor shall the District award a contract to or enter into a transaction with an apparent low bidder or successful proposer indebted to the District.

[ ] I am not a delinquent taxpayer to McAllen ISD [ ] I am a delinquent taxpayer to McAllen ISD (your bid may be disqualified if your debt is not cleared prior to award.)

**This is your electronic signature.

I am not a delinquent taxpayer to McAllen ISD

I am a delinquent taxpayer to McAllen ISD (your bid may be disqualified) (Required: Check only one)

Texas Historically Underutilized Businesses (HUB) – Texas Education Code 44.031(b)(6)

Contractor certifies the Bidder’s company is HUB certified with the State of Texas.

[ ] I am an Active certified HUB vendor (upload HUB certificate in "Response Attachments" tab) [ ] Small and Minority Firms, Women's Business Enterprises and Labor Surplus Area Firms [ ] I am neither

**This is your electronic signature.

I am an Active certified HUB vendor (upload HUB certificate)

Small & Minority, Women's Business Enterprises, Labor Surplus Area Firms I am neither.

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 11 of 47 pages

Prohibition on Contracts with Companies Boycotting Certain Energy Companies - Texas Government Code 2276

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required.

Pursuant to TEX. GOV’T CODE Ch. 2276 of SB 13 (87th session), Vendor hereby certifies and verifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the Agreement. For purposes of this Agreement, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See TEX. GOV’T CODE § 809.001(1).

I have read and hereby certify.

(Required: Check if applicable)

Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries - Texas Government Code 2274

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

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

**This is your electronic signature.

I have read and hereby certify.

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 12 of 47 pages

Entities That Boycott Israel - Texas Government Code 2271

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required.

Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term ''boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an lsraeli-controlled territory, but does not include an action made for ordinary business purposes.

**This is your electronic signature.

I agree and hereby certify.

(Required: Check if applicable)

Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited - Texas Government Code 2252.152

A governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Section 806.051 or 2252.153.

Vendor hereby certifies that it is not a company identified on the Texas Comptroller's list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Listed Companies - Texas Government Code 2252.153

The comptroller shall prepare and maintain, and make available to each governmental entity, a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.

Vendor hereby certifies that it is not a company identified on the Texas Comptroller's list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

Exception - Texas Government Code 2252.154

Notwithstanding any other law, a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to contract prohibition under this subchapter.

Vendor hereby certifies that it is not a company identified on the Texas Comptroller's list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

**This is your electronic signature.

I have read and hereby certify.

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 13 of 47 pages

Certification Regarding Certain Foreign-Owned Companies in Connection with Critical Infrastructure - Texas Government Code 2275

DISTRICT is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by DISTRICT for product warranty and support purposes.

Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. The prohibition described applies regardless of whether: (1) the company's or its parent company's securities are publicly traded; or (2) the company or its parent company is listed on a public stock exchange as: (A) a Chinese, Iranian, North Korean, or Russian company; or (B) a company of a designated country.

For purposes of this Agreement, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See TEX. GOV’T CODE § 2275.0101(2) of SB 1226 (87th leg.).

Vendor hereby verifies and certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Non-Collusion Statement

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

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Required Contract Provisions for Contracts for Non-Federal Entity / Recipient and Subrecipient Contracts under Federal Awards - Appendix II to 2 CFR PART 200

The following provisions are required and apply when federal funds are expended by McAllen ISD (“DISTRICT”) for any contract resulting from this procurement process. McAllen ISD is the subgrantee or subrecipient by definition. In the event of a conflict or inconsistency between the following terms and conditions and any provision of any contract, agreement, or Purchase Order, the following terms and conditions shall control.

In addition to other provisions required by the federal agency or recipient and subrecipient, all contracts made by the recipient or subrecipient under the Federal award must contain provisions covering the following, as applicable.

Accordingly, the parties agree that the following terms and conditions apply to the Contract/PO between McAllen ISD and Vendor in all situations where Vendor has been paid or will be paid with federal funds:

Contractor/Sub-contractor agrees to comply with the following provisions.

**This is your electronic signature.

I have read and hereby certify.

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 14 of 47 pages

A. Contracts in Excess of $250,000

Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR §200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended by McAllen ISD, McAllen ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Vendor has read the above and hereby certifies to comply.

(Required: Check if applicable)

B. Contracts in Excess of $10,000

All contracts in excess of $10,000 must address termination for cause and for convenience including the manner by which it will be affected and the basis for settlement.

Pursuant to Federal Regulation (B) above, when federal funds are expended by the DISTRICT, the DISTRICT reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. The DISTRICT also reserves the right to terminate the contract immediately, for convenience, if the DISTRICT believes, in its sole discretion, that it is in the best interest of the DISTRICT to do so. Vendor will be compensated for work performed and accepted and goods accepted by the DISTRICT as of the termination date if the contract is terminated for convenience of the DISTRICT. If the DISTRICT terminates the contract for any reason, written notice of termination will be provided to vendor. Any award under this procurement process is not exclusive and the DISTRICT reserves the right to purchase goods and services from other vendors when it is in the best interest of the DISTRICT

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

C. Equal Employment Opportunity

Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

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

**This is your electronic signature.

I have read and hereby certify.

Deadline: 8/21/2026 03:00 PM (CT) 2027-1015Page 15 of 47 pages

D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148)

When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.