ESBD_560544_1789765168361_Bid Invitation (12).pdf

010-27

Special Education Contracted Services

Issue Date: 9/18/2026

Questions Deadline: 10/14/2026 02:00 PM (CT)

Response Deadline: 10/21/2026 02:00 PM (CT)

Contact Information Contact: Tiffany Mullins Sr. Buyer/P-Card Specialist Address: Purchasing

8555 Airport Fwy North Richland Hills, TX 76180

Phone: (817) 547-5632 Fax: (817) 547-5544 Email: tiffany.mullins@birdvilleschools.net

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 1 of 31 pages

Event Information Number: 010-27 Title: Special Education Contracted Services Type: Request for Competitive Sealed Proposals Issue Date: 9/18/2026 Question Deadline: 10/14/2026 02:00 PM (CT) Response Deadline: 10/21/2026 02:00 PM (CT) Notes: PURPOSE

In order to be in compliance with federal, state and local purchasing laws, the Birdville Independent School District (BISD) is soliciting competitive sealed proposals for Special Education Contracted Services.

This contract is intended to be a multi-award contract for services provided on an as-needed basis by personnel who are not on the payroll of the district. Services delivered are by either an independent contractor or a contracting firm that offers these services to the public. Such services are paid on a fee basis for specialized services that are usually considered to be temporary or short term in nature, normally in an area that supplements the expertise in the school district.

Based on the 2025-2026 expenditures and the Consumer Price Index published in September 2026, the cost-price analysis for this contract is $398,494.30.

CONTRACT TERM AND RENEWALS

This proposal shall be effective from December 1, 2026 through November 30, 2027. The District and Proposer may, upon mutual consent, extend the contract for three (3) additional one-year periods (not to exceed a total of 4 years) upon written request of the Proposer presented no later than forty-five (45) days prior to the expiration of the contract.

The rates can be adjusted upward or downward based on the price change specifications each six (6) months if agreeable to the district. If agreement cannot be reached, the contract is terminated at the end of the current contract period.

An additional ninety (90) day transitional period shall be added to the end of the contractual agreement if desired by the district. The contractual prices, terms and conditions shall remain in force during the transitional period.

PROPOSAL SUBMISSION

Late proposals will not be accepted. No verbal, telephonic, electronic mail or faxed responses will be considered. The preferred method of delivery is through the e-bid system; however, paper responses will be accepted in the Purchasing Department prior to the due date and time. To receive a paper version, please contact Purchasing via phone 817-547-5629 or by email bisd.purchasing@birdvilleschools.net.

Billing Information

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 2 of 31 pages

Address: Accounts Payable 8555 Airport Fwy North Richland Hills, TX 76180

Phone: (817) 547-5638 Fax: (817) 547-5548 Email: accounts.payable@birdvilleschools.net

Bid Attachments standard__terms_and_conditions_2026.pdf View Online

Standard Terms & Conditions

2026-27-BISD-InstructionalCalendar_ADA.pdf View Online

2026-2027 Instructional Calendar

Campus List 2026-2027.pdf View Online

2026-2027 Campus List

1295_With_Instructions and video help links (2).pdf View Online

1295 Instructions with video links

FORM - CIQ - Fillable_081726.pdf View Online

Conflict of Interest Questionnaire (Fillable)

FORM - W9-Fillable_081726.pdf View Online

2026 W9 Form (Fillable)

Requested Attachments

2026 W9 (Attachment required)

Please attach your 2026 W9. Make sure you are using the most recent W9 Form - a blank copy can be found in the "Attachments" section of this proposal.

Conflict of Interest Questionnaire (Attachment required)

Please attach your CIQ. A blank copy can be found on the "Attachments" tab.

(Attachment required)

Please attach your completed and signed 1295 form. Instructions on completing this form can be found in the "Attachments" tab.

Additional Services Not Listed If you provide additional special education contracted services you would like considered as part of your response, please attach them with clear hourly pricing.

Bid Attributes

1 Introduction

There are 93 Attributes/Sections (including this one) associated with this solicitation. Some are notes and do not require a response, but most require a response. ***Please select each page on the right-hand side of the blue bar below (at the bottom of this list of attributes) in order to view the next page of Attributes.***

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 3 of 31 pages https://birdvilleschools.ionwave.net//VendorLanding.aspx?e=qFQHErVkoMNok4WDecFpGvwEIxW9vAV-q28EdcD8DaKekQeowKHMrerbbSYNaumtfr3dwTPDcpYWABo76b36Jw https://birdvilleschools.ionwave.net//VendorLanding.aspx?e=PX6LLK8HDL0s~PdgdzL786~~XyscncWPEdqhQiUpJCaF-h3fzNvUaAPNhGPxrB3qHL9TevflU6SznJ3f70I80A https://birdvilleschools.ionwave.net//VendorLanding.aspx?e=nejKjpblHjZjPmOKQN56PAm7ZRvQVsOOvNRHfFTCE0a2HcZuuA8kAb-dKFiLtgKBOLWZ5Xa-2hl0LXNMzjDLsA https://birdvilleschools.ionwave.net//VendorLanding.aspx?e=GnbTTtQVwgUO3xlG5dKpZnimanO6icXQnGa4tKaVvelZy9si91VsIaM3bUfZli0XlR7QwpRogOMvxZnBMdviDQ https://birdvilleschools.ionwave.net//VendorLanding.aspx?e=heXE7yyUBQRbFnilk9WVeLH~ZeRv3btGu1mPe6Zn9pjd5vjlPAUnxfcSEGMkdVOPmIu150FI2kbEgPf5a6YxTQ https://birdvilleschools.ionwave.net//VendorLanding.aspx?e=jsKdIKYnH9iPApDqkZJvKxs3sjlAJkruosWwX21i-p1ToYdta1~iRlqZj95~YrcwS1mKP8SoIlxEqrZQH-2yQw

2 District Background Information

The District currently has nineteen (19) elementary schools, seven (7) middle schools, and four (4) high schools that will need to be serviced.

Birdville ISD is the fifth-largest school district in northeast Tarrant County, with more than 24,300 students. The District’s 30 campuses serve the community of Richland Hills and portions of Haltom City, Hurst, North Richland Hills, Watauga, Colleyville and Fort Worth.

Additional information concerning the District may be obtained at www.birdvilleschools.net.

3 Must Attach

Please ensure all required documents and forms are uploaded to the Response Attachments tab before submitting your proposal.

To upload documents:

1. Complete and save each required document to your computer.

2. Navigate to the Response Attachments tab.

3. Click New (located in the upper-left corner).

4. Select Choose File and browse to the document you wish to upload.

5. Enter a brief Description of the file.

6. Click Save to upload the document.

7. After uploading, click Download to verify that the correct file was attached.

4 Inquiries and/or Clarifications

Any questions pertaining to the solicitation procedures and/or specifications should be emailed to the Purchasing Department contact person listed on the Event Details Tab on or before the question ending date. As of the Issuance date of this solicitation and continuing until the final date for submission of responses, contact with BISD employees or BISD Board Members, except for staff members of the Purchasing Department, is strictly prohibited.

All personnel representing BISD are specifically directed not to hold meetings, conferences or technical discussions with any vendor for purposes of responding to this solicitation other than those pre-proposal meetings expressly stated in the specifications. Any vendor found to be acting in any way contrary to this directive may be disqualified from entering into any contract that may result from this solicitation.

5 Successful Solicitation Response Submittal

All responses must be SUCCESSFULLY submitted before the due date and time regardless of your organization's ability to submit online. It is the supplier's sole responsibility to ensure that solicitation documents successfully arrive before the due date and time. The District's online bidding application utilizes the Internet and the World Wide Web, which is comprised of systems that are completely out of the District's control. It is highly recommended that the suppliers allow themselves enough time to complete a successful submission.

6 Selection Criteria

The District reserves the right to award this RFCSP to a single Proposer, multiple Proposers, each line item separately, or in any combination it determines to be in the best interest of the District. If the Proposer chooses to bid/propose “all or none” or is not agreeable to multiple or split awards, it must be noted on the Deviation/Compliance attribute.

Regardless of the award of RFCSP hereunder, the District retains the right to purchase the same or similar materials or items from other sources should it be determined that doing so would be in the District's best interest.

Based upon the proposal material submitted, the following criteria will be used in evaluation.

Extensions of unit prices shown will be subject to verification by the district. In case of variation between the unit price and the extension, the unit price will be considered to be the proposal.

Per Texas Education Code, Subchapter B, Sec. 44.031 (b) *ALL CONTENTS PROVIDED IN THIS

SOLICITATION, WILL BE CONSIDERED AS AN EVALUATION FACTOR

All catalog discount vendors and service vendors who receive an evaluation score of 70 points and above who have completed all required documents will be recommended for award. Line item awards will be evaluated based

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 4 of 31 pages on highest rated vendor per line item.

EVALUATION FACTORS

PERCE

NTAGE

OF

POINTS

A. The Purchase Price - Fees and Associated Costs 55%

B. The reputation of the Proposer and the Proposer’s goods or services – Based on demonstrated expertise and experience; references (availability of contract items, reliability of deliveries, condition of delivered product and wholesomeness, accurate invoices)

20%

C. The quality of the Proposer’s goods or services – ability to perform all requirements and unique abilities of the Proposer 12%

D. The extent to which the services meet the district’s needs (based on ability to meet delivery schedule, lead time for orders, offer products specified) 12%

E. The Proposer’s past relationship with the District 0%

F. The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; "Federal Requirements for Procurement and Contractracting in compliance with the six affirmative steps."

1%

G. The total long term cost to the District to acquire the Proposer’s goods or services 0%

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

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

b. employs at least 500 persons in this state

0%

I. Any other relevant factor specifically listed in the request for bids or proposals 0%

I agree (Required: Check if applicable)

7 Evaluation

If deemed necessary, the evaluation and selection of vendor(s) for contract award will be conducted by an Evaluation Committee. The Evaluation Committee will be composed of members from Birdville ISD based on position, expertise in the area for which the procurement is being conducted, or as the requestors of the procurement process. Birdville ISD reserves the right to add, delete or substitute members of the Evaluation Committee as it deems necessary.

The Purchasing Department is responsible for administering the evaluation process and will serve in a non-voting capacity. The Evaluation Committee will narrow the submitted proposals to the few that best meet the requirements of the Request For Competitive Sealed Proposal (RFCSP) and which best meets the complete needs of the Birdville ISD. At that point, interviews may be scheduled for demonstrations or further discussions about the goods or services included in your response.

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 5 of 31 pages

8 Discussions and Negotiations

Discussions and negotiations may be conducted with offerors who are deemed to be within the final competitive range; however, Birdville ISD reserves the right to award a contract without discussions and negotiations. The competitive range will be determined by Birdville ISD and will include only those initial offers that the district committee determines have a reasonable chance of being awarded a contract.

9 Best and Final Offer

If discussions and negotiations are conducted, Offerors will be required to submit a best and final offer if price and delivery or factors agreed to during negotiations have changed from the originally submitted proposal. Best and final offers must be received by the date and time provided during discussions and negotiations or the originally submitted bid will be used for further evaluation and award recommendation. Best and final offers may be required as early as 24 hours after completion of negotiations and discussions.

SECTION 1.0 - PROPOSAL REQUIREMENTS

Contract Administrator

All communications regarding this RFCSP must be coordinated through the BISD contract administrator. The designated contract administrator during the RFCSP process shall be:

Tiffany Mullins Sr. Buyer/P-Card Specialist 8555 Airport Freeway North Richland Hills, TX 76180

Questions may be submitted through the Questions tab in Ionwave. Any written information given to one proposer concerning a RFCSP will answered through Ionwave to all proposers via email. All questions and answers will be published and provided to all potential proposers as soon as possible.

Proposer shall have no contact with other District staff or board members without permission from the designated contract administrator. Failure to adhere to this requirement will result in disqualification of the Proposer from further consideration.

Authorized Signature

The undersigned, in submitting this response and endorsement of same, represents that he/she is authorized to obligate his/her Firm, that he/she is an equal opportunity employer and will not discriminate with regard to race, color, religion, sex, national origin, age or disability unrelated to job performance of this Bid/Proposal; that he/she will abide by all the policies and procedures of BISD; and that he/she has read this entire solicitation package, is aware of the covenants contained herein and will abide by and adhere to the expressed requirements in ALL sections of this solicitation.

This is your electronic signature.

I Agree (Required: Check if applicable)

Authorized Representative Name and Title

Name and title of authorized official signing this document.

(Required: Maximum 1000 characters allowed)

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 6 of 31 pages

Birdville ISD Standard Terms and Conditions

BISD standard terms and conditions are listed in an attachment. Please check if you agree to BISD standard terms and conditions.

This is your electronic signature.

I Agree (Required: Check if applicable)

Birdville ISD Terms, Conditions and Specifications

The special terms, conditions, and specifications are listed in an attachment. I agree to the specific terms, conditions, and specifications of this solicitation.

This is your electronic signature.

I Agree (Required: Check if applicable)

Deviations

Does your firm have any deviations from the attached specific terms, conditions, and specifications?

Yes No (Required: Check only one)

Deviation Response

If your Firm intends to deviate from the Specifications listed in the attached documents, all such deviations must be listed here, with complete and detailed conditions and information included. The District will consider any deviations in its award decisions, and the District reserves the right to accept or reject any responses based upon any deviations indicated below.

(Optional: Maximum 4000 characters allowed)

Non-Collusive Certificate

NON-COLLUSIVE CERTIFICATE- By submission of this solicitation response, the vendor certifies that:

a) This solicitation response has been independently arrived at without collusion with any other vendor/proposer or with any competitor.

b) This solicitation response has not been knowingly disclosed and will not knowingly be disclosed, prior to the opening of this solicitation, to any other proposer, competitor or potential competitor;

c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a response;

d) The person signing this solicitation response certifies that he/she has fully informed him/herself regarding the accuracy of the statements contained in this certification under the penalties being applicable to the proposer as well as to the person signing on its behalf. Firm hereby assigns to purchaser any and all claims for overcharges associated with this solicitation which arise under the antitrust laws of the United States, 15 USCA Section 1 and which arise under the antitrust laws of the State of Texas, Business and Commerce Code, Section 15.01.

FAILURE TO SIGN THIS CERTIFICATE MAY BE CAUSE FOR YOUR RESPONSE SUBMISSION TO BE

REJECTED.

Please check if you agree to the Non-Collusive Bidding statements above.

This is your electronic signature.

I Agree (Required: Check if applicable)

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 7 of 31 pages

Felony Conviction

Texas Education 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 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. Vendor is responsible for the performance of the persons, employees and/or sub-contractors. Vendor assigns to provide services for the Birdville ISD pursuant to this proposal on any and all Birdville ISD campus or facilities. Vendor will not assign individuals to provide services at a Birdville ISD campus or facility who have a history of violent, unacceptable, or grossly negligent behavior or who have a felony conviction, without the prior written consent of the Birdville ISD Purchasing Department.

~~~Please select the statement that applies to your company regarding the Felony Conviction Notification:

Publicly held corporation-N/A = My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable.

No = My firm is not owned nor operated by anyone who has been convicted of a felony.

Yes = My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.

My firm is a publicly held corporation N/A No Yes (Required: Check only one)

Felony Conviction Details

If your firm is owned or operated by a convicted felon, please list the name of the felon and the details of the conviction. If not applicable, please enter N/A (not applicable).

(Required: Maximum 4000 characters allowed)

Conflict of Interest

Does the company or any of the representatives of the company have an affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money? Please complete the Conflict of Interest form located under the Attachments tab. List your company name on line 1. If no conflict, indicate N/A (Not Applicable) on line 3.

By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. (Ref H.B. 23.)

I acknowledge and will comply

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 8 of 31 pages

Certificate of Interested Parties (CIP Form 1295)

Certificate of Interested Parties (CIP 1295) is required to be submitted by a vendor doing business with a local government entity in accordance with Chapter 46, Section 2252.908 of the Texas Local Government Code. In order to complete the form online (required), please visit https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

The identification number requested in Box 3 is the Birdville ISD solicitation number and the description is the solicitation name. Sign the form and submit with your proposal using the eBid response Attachment tab. There is a Frequently Asked Question (FAQ) link below the LOGIN button if you have questions.

I acknowledge and will comply (Required: Check if applicable)

Resident Bidder's Certification

Texas Government Code Chapter 2252 relates to bids by nonresident contractors. The pertinent portions of the Act are as follows: Section 2252.001(3) "Nonresident bidder" means a bidder who is not a resident of the State of Texas. Section 2252.001(4) "Resident bidder" means a bidder whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section 2252.002 A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located.

Is the vendor a Resident Bidder of Texas as defined in Texas Government Code Section 2252.001(4)?

Yes No (Required: Check only one)

Non-Resident Bidder's Certification

Nonresident Bidder of Texas as defined in Texas Government Code Section 2252.001(3)

If your firm is not a Resident Bidder of Texas as defined in Texas Government Code Section 2252.001(4), indicate your firm's principal place of business City and State. If not applicable, please enter N/A (not applicable).

Place of Business

For the contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendors ultimate parent company or majority owner: 1.Has its principal place of business in this state of Texas.

Is your parent company or major owner a Texas based business?

Yes No Not Applicable N/A (Required: Check only one)

# of Employees

If you are not a Texas based business, do you have more than 500 Employees in Texas?

Yes No Not Applicable N/A (Required: Check only one)

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 9 of 31 pages

Certificate Regarding Debarment Suspension

Non-Federal entities are prohibited from contracting with or making sub-awards under covered transaction to parties that are suspended or debarred or whose principals are suspended or debarred. Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM) in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension". SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. By submitting this offer and signing this certificate you (the Vendor): (1) Certifies that no suspension or debarment is in place, which would preclude receiving a federally funded contract under the Federal OMB, A-102, common rule. ~~Please check if you agree to the Certificate Regarding Debarment Suspension. This is your electronic signature.

I Agree (Required: Check if applicable)

Equal Employment Opportunity

Vendors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Proposer must certify that the company complies with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations. ~~~This is your electronic signature.

I Agree

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 10 of 31 pages

Public Records Notification

Pursuant to Texas Government Code Ann. Chapter 552, Subchapter J, vendor agrees to be bound by the following terms if the expenditure of at least $1,000,000 for the purchase of goods or services by districtin a fiscal year. If district receives a written request for public information related to this Contract that is in the possession or custody of vendor and not in the possession or custody of district, district shall send, not later than the third business day after the date district receives the written request, a written request to vendor that vendor provide that information to district.

A. Vendor must:

ꞏPreserve all contracting information related to the Agreement as provided by the records retention requirements applicable to district for the duration of the Agreement; ꞏPromptly, within four business days, provide to district any requested contracting information that is in the custody or possession of vendor upon request of district ; and, B. On completion of the Agreement, either:

ꞏProvide to district at no cost all contracting information related to the Agreement that is in the custody or possession of vendor ; or ꞏPreserve the contracting information related to the Agreement as provided by the records retention requirements applicable to district.

C. If the requirements of Subchapter J, Chapter 552, Texas Government Code Ann. apply to this Solicitation or Contract, vendor agrees that the contract can be terminated if vendor knowingly or intentionally fails to comply with the requirements of that subchapter. Texas Government Code Ann. Chapter 552.374.

D. Further, under Texas Government Code Ann. Chapter 552.372(c), district may not accept a bid from or award a contract to an entity that district has determined has knowingly or intentionally failed in a previous bid or contract to comply with Subchapter J, unless district determines and documents that the entity has taken adequate steps to ensure future compliance.

E. If a vendor fails to provide the requested information to district , Texas Government Code Ann. Chapter 552.373 requires district to notify the vendor in writing of the failure and allow 10 business days to cure the violation. District may terminate the Agreement if vendor fails to remedy the failure, district determines the failure was knowing and intentional, and steps have not been taken to ensure future compliance.

I acknowledge and agree.

This is your electronic signature.

I Agree (Required: Check if applicable)

Confidential Information Attached

If any of a respondent's information is considered to be confidential or a trade secret belonging to the respondent and, if released would give advantage to a competitor or respondent, that information should be submitted with the proposal in a separate attachment marked ˜CONFIDENTIAL.' The release of information marked 'Confidential' is subject to the applicable statutes and the interpretations of the office of the Attorney General of the State of Texas.

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 11 of 31 pages

ADA Title II

Requirements establish the Web Content Accessibility Guidelines (WCAG) version 2.1 at the AA level as the specific technical standard for digital accessibility in order to ensure the accessibility of web content and mobile applications (apps) for people with disabilities.

Applies to “Public Entities” – the government and any entity receiving Federal funding (e.g. public hospitals, public schools and universities, public libraries, state and local police departments, public transit)

A. Active Web and App Content ꞏInformation and experiences available on the web (e.g. text, images, sound, videos, forms, new social media posts, and documents) ꞏThis includes content within online courses (e.g. online exams/quizzes, online textbooks, documents, images, submission systems) B. Websites - main and subsidiary sites ꞏIncluding sites created and updated by a 3rd party on behalf of a Public Entity C. Web-based processes ꞏIncluding those involving 3rd party software programs such as learning management systems, application, scheduling, and training systems.

D. Apps used by the organization ꞏIncluding those produced or maintained by 3rd parties

See additional requirements to qualify for an exception by visiting the ADAAA Title II, § 35.201 website.

Does your company agree to the above terms if you are providing a software for BISD?

Yes No (Required: Check only one)

Buy American Provision

School and institutions participating in the NSLP and SBP are required by law to use child nutrition funds, to the maximum extent practicable, to buy domestic commodities or products for meals served under these programs. A “domestic commodity or product” is defined as one that either is produced in the U.S. or is processed in the U.S.

substantially using agricultural commodities that are produced in the U.S. The term “substantially” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically.

Therefore, when child nutrition funds are used to acquire foods, schools and institutions must ensure that the items comply with this requirement. Additional requirements for preference for agricultural products from Texas are applicable to the use of child nutrition funds, in accordance with the Buy American Provision, Section 44.042, Texas Education Code.

Do you agree?

I Agree (Required: Check if applicable)

HACCP

HACCP is a management system in which food safety is addressed through the analysis and control of biological, chemical, and physical hazards from raw materials production, procurement and handling, to manufacturing, distribution and consumption of the finished product.

Our company has a current Hazard Analysis and Critical Control Points Plan (HACCP) or good manufacturing practices in place for the duration of this contract. Do you have a HACCP?

Yes No Not Applicable N/A

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 12 of 31 pages

Criminal History Checks and Badging Requirements

Criminal history checks and badging requirements are listed in the Standard Terms & Conditions attachment.

Please check if you agree to obtain the necessary requirements based on your level of contact with students.

I acknowledge and will comply (Required: Check if applicable)

SB 9 Certification for Criminal Background Check Requirement

If an employee of a contractor is covered under SB 9 the contractor must bear the burden of obtaining a national, fingerprint-based criminal history check. Under Section 22.0834 of the Education Code, the contractor is then required to certify to the district that the criminal history check has been performed. The contractor, not the district, is responsible for contacting DPS directly to set up an account for the purposes of obtaining criminal history record information. Under the statute SB 9, a contractor is required to conduct a criminal history review on an employee only when the following criteria has been met: The employer has contracted with the district to provide services.

The particular employee will have continuing duties relating to the contract with the district. The particular employee will have contact with students. A contractor or sub-contractor may not work on District property or any location the District deems a place where students are regularly present when: they have been convicted of a felony or misdemeanor involving moral turpitude, as defined by Texas law they have charges pending, they have been convicted, received probation or deferred adjudication of any of the following: 1. Any offense against a child 2.

Any sex offense 3. Any felony offense involving controlled substances 4. Any felony offense against property 5. Any other offense the District believes might compromise the safety of student, staff or property.

A Proposers violation of this section shall constitute substantial failure. If the Proposer is the person or owner or operator of the business entity, that individual may not self-certify regarding the criminal history record information and its review, and must submit original evidence acceptable to the district with this Agreement showing compliance.

Possession of firearms, alcohol and/or drugs, even in vehicles, is strictly prohibited on school property. The use of tobacco products are not allowed on school district property.

This is your electronic signature.

I acknowledge and will comply (Required: Check if applicable)

Historically Underutilized Business (HUB Certification)

Companies that have been certified by the Texas Procurement and Support Services (TPASS) as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to the invitation. Please indicate whether or not you are certified by TPASS as a HUB and attach a copy of your HUB Certification if not otherwise done so as part of your vendor submission.

Yes, I am certified as a HUB No, I am not certified as a HUB

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 13 of 31 pages

Interlocal Agreement Clause - Educational Purchasing Cooperative of North Texas (EPCNT) and Central Texas Purchasing Alliance (CTPA)

This contract may be utilized for purchases by other local government entities under an interlocal cooperation agreement, Texas Government Code Chapter 791. Any contract award by the Birdville Independent School District on behalf of another local government entity shall be contingent upon the issuance of a purchase order or execution of a separate contract by the other local government entity. The Contractor must deal directly with the local government entity concerning the placement of orders, issuance of the purchase order, insurance certificates, contractual disputes, invoicing and payment or any other terms and conditions that the other local government entity may require. The actual utilization of this contract award by the other local government entity is at the sole discretion of that other local government entity. The Birdville Independent School District is acting on the behalf of other local government entities for the sole purpose of complying with Texas competitive bidding requirements and shall not be held liable for any costs, damages, etc. incurred by any bidder with regard to any purchase by another local government entity. Birdville Independent School District shall be legally responsible only for payment for goods and services in the quantities detailed in the Birdville ISD purchase order or contract. Birdville ISD is a member of the Educational Purchasing Cooperative of North Texas (EPCNT) and Central Texas Purchasing Alliance (CTPA) acceptance would make this award available to its members.

Do you agree to participate?

Yes No (Required: Check only one)

SECTION 2.0 - FEDERAL REGULATIONS FOR CONTRACTS

Required Federal Contract Provisions of Federal Regulations for Contracts

Required Federal contract provisions for purchases under USDA for purchases in conjunction with the National School Lunch Program, School Breakfast Program and Summer Feeding Program as well as all other federal purchases

The following provisions are required to be in place and agreed if the procurement is funded with federal funds. Birdville ISD is the subgrantee or Subrecipient by definition. The federal Rule numbering or identification below is only for reference purpose and does not identify an actual Federal designation or location of the rule. The Rules are located in 2 CFR PART 200.

Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 2

CFR PART 200

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 14 of 31 pages

Federal - (A)

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

Notice: Pursuant to Federal Rule (A) above, when federal funds are expended by BISD, BISD 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.

Failure to agree will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (B)

(B) Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Notice: Pursuant to Federal Rule (B) above, when federal funds are expended by BISD, BISD reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. BISD reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of eth BISD. 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.

Failure to agree will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (C)

(C) Equal Employment Opportunity - Does your company comply with 41 CFR, Chapter 60. Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60) as they apply to this contract?

Notice: Pursuant to Federal Rule (L), when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to 41 CFR, Chapter 60. Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).

If you do not answer yes, the District is prohibited from contracting with the proposer.

Yes No

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 15 of 31 pages

Federal - (D)

(D) Rights to Inventions Made Under Contract or Agreement. If the Federal award meets the definition of funding agreement under 37 CFR 401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business or firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organization and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency.

Notice: Pursuant to Federal Rule (C) above, if applicable, the vendor agrees to comply with 37 CFR Part 401.

Failure to agree will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (D - Part Two)

(D - Part Two) Rights to Inventions (Pertaining to Patent Rights, Copyright and Rights) – Does your company comply with all matters pertaining to patent rights, copyright and rights in data as they apply to this contract?

Notice: Pursuant to Federal Rule (N), when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to observance of applicable pertaining to patent rights, copyright and rights in data. (37 CFR 401.2).

If you do not answer yes, the District is prohibited from contracting with the proposer.

Yes No (Required: Check only one)

Federal - (E)

(E) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Notice: Pursuant to Federal Rule (D) above, when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting from this procurement process the vendor agrees to the terms listed and referenced therein.

Failure to agree will render your proposal non-responsive and will not be considered.

I agree (Optional: Check if applicable)

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 16 of 31 pages

Federal - (F)

(F) Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Notice: Pursuant to Federal Rule (E) above, when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor certifies that they are not debarred from receiving a contract from the federal government as provided therein.

Failure to certify will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (G)

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

Notice: Pursuant to Federal Rule (F) above, when federal funds are expended by BISD, BISD requires that the proposer certify that during the term and after the awarded term of an award by the BISD resulting for this procurement process the vendor certifies to the terms included or referenced therein.

Failure to certify will render your proposal non- responsive and will not be considered for award.

I Agree (Required: Check if applicable)

Federal - (H)

(H) Solid Waste Disposal Act - 2 CFR Ch. II (1-1-15 Edition) 200.323 Procurement of recovered materials.

Does your company comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act?

Notice: Pursuant to Federal Rule (J) above, a non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

If you do not answer yes, the District is prohibited from contracting with the proposer.

Yes No

Deadline: 10/21/2026 02:00 PM (CT) 010-27Page 17 of 31 pages

Federal - (I)

(I) Federal Rule Compliance with Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

Notice: Pursuant to Federal Rule (I) above, when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

Failure to certify will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (J)

(I) Domestic Preferences for Procurements – As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all sub awards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States.

Moreover, for purposes of 2 CFR Part 200.322, Manufactured products means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, class, including optical fiber, and lumber.

Notice: Pursuant to Federal Rule (P) above, when federal funds are expended by the District, vendor certifies, by signing this document, that to the greatest extent practicable vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

Failure to agree will render your proposal non-responsive and will not be considered.

I agree (Optional: Check if applicable)

Federal - (K)

(K) Discrimination - Does your company comply with Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement Nutrition Programs and Activities as they apply to this contract?

Notice: Pursuant to Federal Rule (K), when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement…