ESBD_File_318439_LISD General Terms FINAL rev2 20221118.pdf

LEANDER INDEPENDENT SCHOOL DISTRICT

GENERAL TERMS

For Purchasing Solicitations and Contracts

Version 2

Effective Date of November 18, 2022

The following general terms are hereby issued in accordance with the laws, rules, and policies set forth through the Texas Education Code, Chapter 44 , the Texas Education Agency (TEA) Texas Administrative Code (TAC) rules, and Leander Independent School District (“District” or “LISD”) Policy. These terms may be amended as determined to be in the best interest of the District. Prospective vendors and awarded Contractors are cautioned to read and understand the general terms set forth in this document prior to responding to a District Solicitation to which this document is referenced for governance of any actions taken.

Unless otherwise directed within the solicitation, any exceptions to or failure to follow these general terms may be cause for a vendor’s solicitation response to be deemed non-responsive and disqualified by the District, and any award being deemed in breach. These general terms will take precedence over the terms and conditions within the solicitation when they are in conflict unless specific exception is noted within the solicitation.

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Table of Contents Click on the heading link to access the beginning of the section.

PART I: DEFINITIONS, TERMS AND ACRONYMS

This section provides common terms found in this document that may be used in the normal operations of the District’s Purchasing Department

PART II: SOLICITATION INFORMATION AND RESPONSE INSTRUCTIONS

This section addresses the District’s solicitation process and the responsibilities of the vendors/responders.

PART III: SOLICITATION EVALUATION AND AWARD

This section addresses the processes used by the District to determine what is considered this best interest of the District in making awards.

PART IV: CONTRACT TERMS, CONDITIONS, AND REQUIREMENTS

This section addresses the vendor (contractor) and the District’s responsibilities in the post-solicitation / contract period.

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PART I: DEFINITIONS, TERMS AND ACRONYMS

The following terms may be found in this document or may be used in the normal operations of the District’s Purchasing Department.

Term Definition

Addendum………………………………. A document that has been issued by the District that has made material changes to a Solicitation.

Agreement………………………………. A set of documents that create a Contract that has been signed by authorized individuals for both the District and the Vendor. Used as a synonym for the term “Contract”.

Bid………………………………………... Vendor’s response to a Request for Bid or RFB. The term may be used to represent all types of solicitations.

Buyer………………….................……... The Buyer (the District Buyer) is the District’s approved business representative for all matters of solicitation, evaluation, award, and administration of a Contract Award. There will be only one appointed Buyer at any time for each purchasing action. Vendors shall address all business/contract issues about a Contract Award to the Buyer.

Alternate or Substitute.................…….. A good or service substituted for another by a Vendor with approval of the District Buyer.

Closing…………………………………... Refers to the designated date and time after which proposals in response to a solicitation will no longer be accepted.

Conflict of Interest (COI).….….………..

A Conflict of Interest (COI) is established through LISD Policy BBFA(LEGAL). A COI exists when a Vendor or any affiliated person or business entity provides goods or services under a Contract Award whereby one or more personal, business, or financial interest or relationship exists which would cause a reasonable individual with knowledge of the relevant facts to question the integrity or impartiality of persons involved in a District Contract; or any other facts that exist which the District, at its sole discretion, determines during the Solicitation or the performance of an existing District Contract that the Vendor obtained an unfair competitive advantage favoring the interest of the Vendor or any person with whom the Vendor has or is likely to have a personal or business relationship.

Conflicts of interest are further defined in District Policy BBFA(LEGAL) and state law.

Contract Award…………….….……….. The acceptance of a Quote, Bid, Proposal or Offer by the District by the issuance of a District Purchase Order, District Contract Agreement, or other formal District notification of award issued by an authorized official of the Purchasing Office.

Contract Documents…………………… A set of documents that create an Agreement that has been signed by authorized individuals for both the District and the Vendor. Used as a synonym for the term “Agreement”.

Contract Term…………………………... The length of time a Contract will be in effect and available for use by the District.

Contracting Duties Related to Contracted Services…………………….

The term is defined in the Texas Administrative Code 19 TAC 153.1101(2). Work duties that are performed pursuant to a contract to provide services to a district on a regular, repeated basis rather than infrequently or one-time only.

Contracting Entity………………..……...

The term is defined in the Texas Administrative Code 19 TAC 153.1101(1). An entity that contracts with another entity that is not a district to provide services to a school district, open-enrollment charter school, or shared services arrangement. Education Code 22.0834(p)(1)

Contractor……………………………….. The awarded Vendor of a specific Solicitation.

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Copyright………………………………… Exclusive rights granted to the owner as the originator or creator of original work. Any original work commissioned by the District shall be considered the property of the District.

Covered Contract Employee…………... The term is defined in the Texas Administrative Code 19 TAC 153.1101(3) as an individual who:

1) Is employed or offered employment by a service contractor or a subcontractor of a service contractor, is an individual independent contractor of the district, or is an individual subcontractor of a service contractor;

2) Has or will have continuing duties related to the contracted services;

3) Has or will have direct contact with students; and

4) Is not a student of (or enrolled in) the district for which the services are performed.

CTPA…………………..….….….………

Central Texas Purchasing Alliance. A purchasing cooperative representing Texas school and community college districts. The CTPA shares knowledge, resources, and contracts as appropriate to further its common interest. More information can be found at www.txctpa.org.

Debarment……………..……..….……...

Action taken by the District which prevents a Vendor from participating in the solicitation process for a period of time, usually as a result of improper business practices on the part of the Vendor. This term is normally associated with purchases made with federal funds.

Deliverable………………………………. Goods or services which are required by a Contract Award to be provided to the District by a Vendor.

Direct Contact with Students…………... The opportunity for physical interaction with students, during the course of providing goods or services to the District, that is not supervised 100% of the time by a professional district employee.

Discount Contract………….….…….….. An awarded Contract where pricing is based on a firm-fixed discount from a Vendor’s published price list, catalog, or other medium that is published for the majority of the Vendor’s customers.

District…………………...….….……...... Leander Independent School District

District Business Day…………...……… Days the District is officially conducting business (excludes weekends, District- observed holidays, etc.).

District Website……………….……….. The official District website, available at http://www.leanderisd.org.

Formal Invitation ……...….…...…….... A Solicitation that requires the response from the Vendor to be sealed prior to submittal and will not be officially opened until after the opening / closing date indicated on the Solicitation.

Intellectual Property…..….……..…..… Exclusive rights to distinct creations granted to the owner of intangible items such as art, designs, literature and/or music. Includes trademarks and copyrights.

Ion Wave ...……………….………... The District’s electronic procurement portal application. To register or view the site, go to https://leanderisd.ionwave.net

LISD…………………...….….……..….. Leander Independent School District

Line Item Contract……..….…...……..… An awarded Contract where goods or services are specified and individually priced.

Notice of Award………...….….……....... A formal, written document issued by an authorized official of the District’s Purchasing Department informing a Vendor that a Contract has been awarded to their firm based on their Solicitation Response.

Offer……………………....…...………… Term used in conjunction with or in place of a Vendor’s Solicitation Response.

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Opening………………........................... Refers to the designated date and time that bids will be formally opened.

Professional Services Contract……….. A Contract awarded for performance of professional services by Vendors as defined by Texas Gov. Code 2254.002(a) and (b), and Texas Education Code 44.031(f).

Proposal………………...….….………... Vendor’s response to a solicitation.

Purchase Order………………………

Formal order for goods, materials and/or services from a Vendor; a binding commitment for the District to remit payment to the Vendor after the service or item(s) and an invoice are received by the District.

Quote…………………….….….……….. Also identified as a Request for Quote. Used for small dollar purchases valued at less than the formal bid threshold. This informal solicitation method can be documented internally (e.g. email, phone, or fax) and the solicitation requirements are minimal (no advertisement, minimal response time, etc.). May be used for one-time purchases or to establish low-dollar Term Contracts. A quote from a vendor should include a unique quote number and date through which the quote is valid by the vendor.

RFB…...………………….….….……

Request for Bids. A formal solicitation method used for acquiring one-time purchases or for establishing Term Contracts for acquiring goods or services with aggregate values of $50,000 or greater. This solicitation method is considered formal, and requires a legal notice that is published at time of issuance for purchases over an aggregate of $50,000.

Award is typically based on lowest-price Bid or objective-based Best Value criteria.

RFCP……………..…………………...… Request for Cooperative Proposal. Used solely for vendors that have established, awarded contracts through a cooperative interlocal agreement to which Leander ISD is an active member. The process resembles an RFP but has already met the legal competitive bidding requirements (Tx. Education Code Section 44.031(a)(4)), is not required to be published in a local newspaper, and can only consider vendors who have met the cooperative requirements for an award.

RFCQ……………..………………..……. Request for Cooperative Quote. Used solely for vendors that have established, awarded contracts through a cooperative interlocal agreement to which Leander ISD is an active member. The process resembles a normal quote process, but has already met the legal competitive bidding requirements (Tx Education Code Section 44.031(a)(4)), is not required to be published in a local newspaper, and can only consider vendors who have met the cooperative requirements for an award.

RFCSP…………………..….….……….. Request for Competitive Sealed Proposal. Solicitation method used primarily for construction projects. Allows for the use of the formal evaluation process and can use Best Value determinations for an award. Negotiations are allowed prior to the award.

RFO……………………..….….……....... Request for Offer. Used solely for technology purchases issued through the State of Texas / Department of Information Resources (DIR) procurement processes.

RFP………………………….….……….. Request for Proposal. Solicitation method used to acquire highly technical, negotiated goods or services. Standard RFPs will allow for evaluations based on specific criteria established within the RFP. Used primarily for higher dollar valued purchases but may be used for smaller purchases where requirements warrant this Solicitation method.

Negotiations are allowed prior to the award.

RFQ……………………………………… Request for Qualifications. Solicitation method used to procure professional services defined in Texas Gov. Code 2254.002(a) and (b), and Texas Education Code 44.031(f).

In an RFQ, pricing cannot be considered.

School Business Days.….…..……...…. Days the District is officially conducting school (excludes weekends, District-observed holidays, etc.)

Service Contract …..….….….………… An awarded Contract for performance of a service by a Vendor for a specified period of time.

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Service Contractor……………………... The term is defined in the Texas Administrative Code 19 TAC 153.1101(10). An entity, including a government entity and an individual independent contractor, that contracts or agrees with a district by written agreement or verbal understanding to provide services through individuals who receive compensation. .

Signature Authority ……….….……..…. Individuals that have been identified by District leadership to have the authority to bind the District in a contract or agreement (reference LISD Policy CH (LOCAL)). Includes the Superintendent and their designees.

Solicitation……………....….……...…… General term used to refer to an RFB, RFCP, RFCQ, RFCSP, RFO, RFP, or RFQ, or other Solicitation issued by the District.

Solicitation Response….…..……...…… Vendor’s response to an RFB, RFCP, RFCQ, RFCSP, RFO, RFP, or RFQ, or other Solicitation issued by the District.

Solicitation Tabulation…….……………. Official tabulation of Solicitation Responses, issued by the Purchasing Department after Contract Award.

Subcontracting Entity…………………... The term is defined in the Texas Education Code 22.0834(p)(2). A “subcontracting entity” is an entity that contracts with another entity that is not a district to provide services to a school district.

Subcontractor……….………………….. Company or business that has contracted with the prime contractor for performing services for the District. The prime contractor is responsible to the District for the work performed by the subcontractor. No contract will exist between the subcontractor and the District.

Term Contract…………..….….………... An awarded Contract for delivery of goods or performance of services by a Vendor for a specific period of time.

Time……………………………………… For both electronic and hard copy solicitations, the time to which responses are due shall be before the time indicated (e.g. 1:59:59 pm for a 2:00 pm opening). Responses received on or after the time indicated shall be considered late.

Vendor……………….…..….….……….. Bidder, Offeror, Proposer, or Contractor

Vendors of Record……………………… The compiled bid list of Vendors for a specific Solicitation, that is to include Vendors that were selected to receive the Solicitation or have notified the District that they have interest in the Solicitation and are added to the initial list of Vendors.

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PART II: SOLICITATION INFORMATION AND RESPONSE INSTRUCTIONS

1. PREPARATION OF A SOLICITATION RESPONSE.

1.1. Electronic Solicitation. In preparation of a Solicitation Response, each Vendor shall:

1.1.1. Electronic submissions shall be performed through the District’s electronic procurement application called “Ion Wave”.

1.1.2. Furnish all information required by the Solicitation;

1.1.3. Authorized Signature. Solicitation Responses must be signed and/or submitted by those individuals that have been given authority to bind the Vendor under contract.

1.1.3.1. For Solicitations that require a hard copy response, the Solicitation Response must be manually signed by an authorized representative;

1.1.3.2. For Solicitations that require an electronic response through The district’s electronic procurement platform , responses submitted shall constitute signature by an authorized representative.

1.1.3.3. An unsigned Solicitation Response will be deemed non-responsive and disqualified. Solicitation

Responses cannot be signed after the Solicitation opening time even if the Vendor’s representative is present at the Solicitation opening.

1.1.4. Have all erasures or other changes initialed by the signer of the Solicitation Response;

1.1.5. Solicitation Responses submitted on other forms or with different terms or provisions may be deemed non-responsive by the District and disqualified;

1.1.6. Unless otherwise instructed by the Solicitation, Vendors shall submit the lowest and best price, F.O.B.

destination, freight prepaid and allowed, on each item, including packaging and transportation.

1.1.7. All Solicitation Responses and accompanying samples or documents of any kind become the property of the

District. The District will be under no obligation to return any part of a Solicitation Response to a Vendor.

1.1.8. When responding to a Solicitation, the Vendor must respond with all information/documents pertaining to the award of the product and/or service to include any exceptions to the District’s Terms and Conditions, Statement of Work, and/or any agreements.

1.1.9. Any required information/documents/exceptions received after the response closing date may not be considered under any circumstances.

1.2. Hard Copy Solicitation. In preparation of a hard copy Solicitation Response, each Vendor shall:

1.2.1. Furnish all information required by the Solicitation;

1.2.2. Authorized Signature. Solicitation Responses must be signed and/or submitted by those individuals that have been given authority to bind the Vendor under contract.

1.2.2.1. For Solicitations that require a hard copy response, the Solicitation Response must be manually signed by an authorized representative;

1.2.2.2. An unsigned Solicitation Response will be deemed non-responsive and disqualified. Solicitation

Responses cannot be signed after the Solicitation opening time even if the Vendor’s representative is present at the Solicitation opening.

1.2.3. Have all erasures or other changes initialed by the signer of the Solicitation Response;

1.2.4. Solicitation Responses submitted on other forms or with different terms or provisions may be deemed non-responsive by the District and disqualified;

1.2.5. Unless otherwise instructed by the Solicitation, Vendors shall submit the lowest and best price, F.O.B.

destination, freight prepaid and allowed, on each item, including packaging and transportation.

1.2.6. All Solicitation Responses and accompanying samples or documents of any kind become the property of the

District. The District will be under no obligation to return any part of a Solicitation Response to a Vendor.

1.2.7. When responding to a Solicitation, the Vendor must respond with all information/documents pertaining to the award of the product and/or service to include any exceptions to the District’s Terms and Conditions, Statement of Work, and/or any agreements.

1.2.8. Any required information/documents/exceptions received after the response closing date may not be considered under any circumstances.

1.3. Affirmation of Certifications. The Vendor shall complete, sign (hard copy) or affirm (electronic) all certification documents required by the Solicitation, as applicable. Based on the type of Solicitation, the forms that may be required are:

1.3.1. Federal Compliance Guidelines for Use of Federal Funds (also known as “EDGAR”).

1.3.1.1. The District has elected to solicit requests to bid under the requirements set forth by the Code of Federal Regulations (CFR) Title 2 Grants and Agreements, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200).

Following these federal requirements will allow for federal funds entrusted to the District to be used to make purchases through an awarded District contract. The CFR is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government produced by the Office of the Federal Register (OFR) and the Government Publishing Office. The CFR may change during the term of the contract and the Vendor may be required to make adjustments as necessary.

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1.3.1.2. By submission of a Solicitation Response, the Vendor certifies and agrees that they as a company understand and comply with all applicable areas identified herein. Some of the areas may not be applicable to this solicitation and it is the supplier's sole responsibility to identify which areas are appropriate for the solicitation. Failure to affirm and agree to these requirements may, at the District’s discretion, disqualify the associated response to this solicitation or limit the use of the awarded contract based on the funding source.

1.3.1.3. The District reserves the right at any time within the contract term to require an awarded supplier to reaffirm, sign and resubmit proper documentation stating that their company is not debarred, nor have any other circumstances changed related to their original response.

1.3.1.4. General. The following items are applicable to all Solicitations regardless of type or specialty.

1.3.1.4.1. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award

(see 2 CFR 180.220) must not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM (sam.gov) 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. Prior to award, the District will verify that the supplier is not currently listed as debarred by the Federal government. If the supplier is found to be on the Federal debarment list, the District, at its sole option, may elect to not award to the supplier if the funds intended for use with the contract will be federal funds. If awarded and during the contract term the supplier becomes debarred, the supplier must notify the District within five (5) District business days of the debarment. The District, upon its sole judgment, may elect to terminate the associated contract without penalty to the District or limit the contract to non-federal funds. Such judgment will be done in writing within twenty (20) District business days.

During this assessment period, no contract orders can be placed by the District using federal funds.

1.3.1.4.2. Conflict of Interest. 2 CFR 200.318(c)(1) states that the District must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from the contract awarded to a specific supplier. The officers, employees, and agents of the District may neither solicit nor accept gratuities, favors, or anything of monetary value from suppliers or parties to subcontracts. However, the District may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the District. It is the responsibility of the supplier to identify and make the District aware of any potential conflicts of interest that exist between their company and the District. Failure to do so will cause the associated supplier response to be disqualified from further consideration, or if already awarded, the associated contract will be terminated immediately without penalty to the District based on cause.

1.3.1.4.3. Termination for Cause. All federal contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. The District does not have a threshold, so therefore, all contracts for any amount may be terminated for cause.

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1.3.1.4.4. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The Byrd Amendment applies to all federal contracts, grants, or cooperative agreements, and subcontracts expected to exceed the Simplified Acquisition Threshold (SAT). All contractors and subcontractors should comply with the requirements of this Act. Suppliers must certify for orders over the SAT that they have 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. The supplier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award.

1.3.1.4.5. Small Purchases (2 CFR 200.320). Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold (SAT). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Specifically, for multiple award catalog-based or no identifiable pricing, the District may be required to submit a request for quotation from the contracted vendors for the purpose of meeting the competitive bidding requirement of this section.

1.3.1.5. Large Purchases. For individual purchases that exceed the Simplified Acquisition Threshold.

1.3.1.5.1. Simplified Acquisition Threshold. Contracts for more than the Simplified Acquisition

Threshold (SAT), which may be adjusted for inflation 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. In any case, contracts in excess of the state’s or state agency threshold must address the foregoing. Any purchase that is over the SAT threshold will require additional cost/price analysis by the District. The supplier may be required to provide additional documentation to support this requirement based on the federal requirements at the time of the purchase.

1.3.1.5.2. Cost Analysis / Negotiation of Profit (2 CFR 200.323). For contracts over the SAT, the District must negotiate profit as a separate element of the price for each contract in which there is no price competition, including solicitations that received only one viable response. In all cases, a cost analysis is to be performed by the District. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

1.3.1.5.3. Supplier Violation or Breach of Contract Terms. For contract awards valued at or greater than the SAT the District 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. The remedies under this provision are in addition to any other remedies that may be available under law or in equity.

1.3.1.5.4. 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 sub-grants of amounts in excess of the SAT 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).

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1.3.1.6. Construction (applies only to solicitations for construction under Texas Government Code 2269).

1.3.1.6.1. 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 non-Federal entities 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. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.

The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

1.3.1.6.2. 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.”

1.3.1.6.3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

1.3.1.7. Specialized Procurements. Applies only to solicitations for which specialized requirements are identified.

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

1.3.1.7.2. Energy Policy and Conservation Act (42 U.S.C.6201). 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.

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1.3.1.7.3. Solid Waste Disposal Act. 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.

1.3.2. State Divestment Statute List.

1.3.2.1. The District is forbidden by the following State of Texas Statutes to conduct business with companies on the State of Texas Comptroller of Public Accounts (Comptroller’s) Divestment Statute List:

1.3.2.1.1. Companies that do business with countries that support Designated Foreign Terrorist

Organizations — Govt. Code 2270.0201. Investing Entities listed in Govt. Code

2270.001 (7) have divestment requirements related to any investments in these companies.

1.3.2.1.2. Companies that Boycott Israel – Texas Government Code 808.051(c)

1.3.2.2. The Comptroller’s list is available at:

1.3.2.2.1. https://comptroller.texas.gov/purchasing/publications/divestment.php

1.3.2.3. By submission of a Solicitation Response, the Vendor certifies and verifies that they as a company are 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.

1.3.2.4. The Vendor further certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any (the “Contractor Companies”), boycotts Israel, and Vendor agrees that they and any affiliated companies will not boycott Israel during the term of an awarded contract.

1.3.2.5. The District will immediately terminate a Contract with a person or business entity for cause and without penalty to the District if the District determines that the person or business entity misrepresented their response and subsequent award by false affirmation, the person or business entity boycotts Israel during the term of the awarded contract, or the person or business entity is added to the Comptroller’s list after an award is made.

1.3.3. Felony Conviction Notice.

1.3.3.1. State of Texas Education Code, Section 44.034 requires that a person or business entity

(excluding publicly-held corporations) that enters into a Contract with the District shall give advance notice to the District if the person or an owner or operator of the business entity has been convicted of a felony.

1.3.3.2. Vendors shall complete, execute and return as part of the Solicitation Response, the Felony Conviction Notice information referenced in the Solicitation.

1.3.3.3. The District may immediately terminate a Contract with a person or business entity for cause and without penalty to the District if the District determines, in its sole discretion, that the person or business entity failed to give notice as required by the Education Code or misrepresents the conduct resulting in the conviction.

1.3.4. Bid / Proposal Certification and Affirmation (hard copy only). This document must be signed by an authorized representative that may legally bind the company and is to be included with the Solicitation Response for the response to be considered. Failure to sign and submit this document will disqualify the Solicitation Response.

1.3.5. W-9 Certificate. The Vendor is encouraged to submit with their Solicitation Response a copy of a W-9 Vendor Identification Number Certificate to expedite the payment process if awarded a Contract. A copy of the form can be found at https://www.irs.gov/pub/irs-pdf/fw9.pdf.

1.4. Clarifications and Questions of Current Solicitation.

1.4.1. VERBAL RESPONSES OR CONVERSATIONS ARE NOT BINDING AND WILL BE WITHOUT LEGAL

EFFECT - ONLY QUESTIONS ANSWERED BY FORMAL WRITTEN ADDENDA WILL BE BINDING AND

WILL BE MADE PART OF THE SOLICITATION DOCUMENTS.

1.4.2. All requests for clarification, interpretations, and/or questions should be submitted through the identified process in the Solicitation. All requests must be submitted prior to the date indicated by the question cutoff date.

1.4.3. Only fully completed requests, including all pertinent information, for valid and current solicitation will receive a response; late or delinquent requests will not be entertained or answered.

1.4.4. Failure to provide all information may delay a response from the District.

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1.4.5. The District reserves the right to inform the requester that the response to their request will be submitted through an addendum to all interested vendors and not be addressed directly through their request.

1.4.6. The respondent is discouraged from contacting the District’s Buyer directly unless necessary.

1.4.7. Contact with other employees of the District outside the LISD Purchasing Office is prohibited during the

Solicitation process unless directed by the Buyer or other District Purchasing officers. Respondents that fail to adhere to this requirement will have their response disqualified.

1.4.8. All interpretations or clarifications considered necessary and approved by the District will be provided a response directly or by written Addendum through The district’s electronic procurement platform .

1.4.9. The District is not responsible for any other explanation or interpretations, which anyone presumes to make by any other source other than the District Purchasing Office.

1.5. Addendum.

1.5.1. Should an addition or correction become necessary after a Solicitation is issued, an Addendum or notice of the availability of such an Addendum online will be sent to all Vendors of Record with the District and will be posted on the district’s electronic procurement platform . Vendors of Record with the District are those Vendors having received a copy of the initial Solicitation or notice of the availability of a copy on-line.

1.5.2. Vendors who have not obtained a Solicitation directly from the District shall be responsible for immediately notifying the listed District Buyer in order to receive all written Addenda on a timely basis. Vendors who do not notify the District, and subsequently submit a Solicitation Response without receipt of all Addenda issued, may be deemed non-responsive by the District and disqualified.

1.5.3. It is the Vendor’s responsibility to continuously check the The district’s electronic procurement platform program and solicitation for any addenda issued.

1.5.4. If required, Vendors shall acknowledge an Addendum by returning the Addendum in a separate response, or with the response, or by physically noting the change or addition on the Solicitation Response with a notation acknowledging the Addendum.

1.5.5. Failure to return or acknowledge an Addendum may be deemed non-responsive by the District and may result in disqualification unless otherwise indicated within the Solicitation Any clarification, corrections, approvals, supplemental instructions or changes to the Proposal Documents will be made by written Addendum.

1.5.6. Sole issuing authority of addendum shall be vested in the District Purchasing Office.

1.6. Evaluation Criteria.

1.6.1. All formal Solicitations will be evaluated using the Best Value method as defined in Texas Education Code 44.031(b) or Texas Government Code 2269 (construction only).

1.6.2. The Solicitation will indicate the criteria and ranking to be used to determine Best Value.

1.6.3. The Vendor is encouraged to provide all information necessary to receive proper points based on the criteria represented.

1.7. Conflict of Interest.

1.7.1. Disclosure of Certain Relationships with Local Government Officials.

1.7.1.1. Any individual or business entity that contracts or seeks to contract for the sale or purchase of property, goods, or services with the District must file a Vendor Conflict of Interest Questionnaire with the District Purchasing Office in accordance with Texas Local Government Code Chapter 176, no later than the 7th business day after the recipient becomes aware of facts that require filing.

1.7.1.2. This requirement applies to a person who is an agent of a vendor in the Vendor's business with the District.

1.7.1.3. Forms and additional information are available at http://www.leanderisd.org.

1.7.1.4. Forms are also posted at the Texas Ethics Commission's website at https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm.

1.7.2. Employee.

1.7.2.1. In accordance with District Policies CH (Local) Purchasing and Acquisition, and DBD (Local) Employment Requirements and Restrictions, all Vendors must disclose the name of any District employee who owns, directly or indirectly, an interest in the Vendor’s firm or any of its branches.

1.7.2.2. Failure to provide such information may be grounds for disqualification of the bid or immediate termination without penalty to the District of a contract resulting from this Solicitation.

1.7.2.3. Purchase of services or equipment from a business owned in whole or in part by a District employee shall be permitted only when approved by the Superintendent and executed through a documented competitive process.

1.7.2.4. Services that might be provided by the employee as an extension of the employee's regular job responsibilities is exempted from consideration.

1.8. Pre-proposal Conference.

1.8.1. If identified within the Solicitation as an event, a pre-proposal conference is not mandatory, but the District highly recommends Contractor representation.

1.8.2. As a norm, the District will not schedule additional conferences or walkthroughs after the initial event, therefore

Vendors should plan to have representation at the conference.

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1.8.3. It is not always anticipated that a pre-proposal conference will create an addendum to the Solicitation, however, if one is issued due to the questions posed during the conference, the issuance of an addendum will be issued as stated herein.

1.8.4. If the conference will be hosted at a school campus or restricted facility, Vendors will be required to sign in at the main reception desk and obtain a visitor’s badge prior to attending the conference. A current driver’s license may be required. It is suggested the attendees arrive early for badge processing.

1.8.5. A Vendor that fails to have representation at the conference shall not be excused from having complete knowledge of the specifications and/or scope of work requirements. Price adjustments, change orders, etc., that would be considered a part of the working knowledge of the Vendor, based on the project specifications, pre-proposal conference, and the walkthrough (as applicable), will not be accepted by the District.

1.9. Site Visitation.

1.9.1. The Vendor shall be responsible for fully understanding the scope of the Solicitation. If considered applicable to the goods or services being solicited, the District recommends that Vendors visit the District site and examine the space and/or equipment to be serviced. Vendors shall obtain prior District Buyer approval. Site visits by Vendors may be requested up to three District business days prior to bid opening / proposal closing.

1.9.2. Optional pre-submittal conferences may be established by the District to allow Vendors access to the associated facility.

1.9.3. The Vendor shall carefully examine the venue(s), specifications, and requirements.

1.9.4. If necessary, Vendors shall secure additional information from the Buyer that may be requisite to a clear and full understanding of the work.

1.10. Interlocal Agreement.

1.10.1. General.

1.10.1.1. As governed by the Texas Education Code, Chapter 44.031(a)(4) and unless otherwise indicated within the Solicitation, the Contract established by a Solicitation shall be made available to any State of Texas governmental jurisdiction wishing to adopt the terms and conditions set forth within the Contract with the exception of any requirements directly related to the District and its own operations.

1.10.1.2. Adoption of a District Contract by an adopting governmental entity shall be made with the consent of the awarded Vendor.

1.10.2. Central Texas Purchasing Alliance (CTPA).

1.10.2.1. Membership. Leander ISD is a member in good standing of the of the Central Texas Purchasing

Alliance (CTPA), an alliance of over 100 school districts in Texas representing millions of students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements.

1.10.2.2. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by (District Name) may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree.

The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district.

1.10.2.3. Document Sharing between Members. To assist an adopting member district in establishing their supporting documentation, the awarded vendor’s response and related documents owned by the originating district may be shared without prior notification to the awarded vendor, unless the vendor at the time of their response to the original solicitation clearly annotates that such sharing of their response is to not occur without prior permission of the vendor.

1.10.2.4. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement. Upon adoption of the contract by the adopting CTPA member district, the original term of the contract and any renewal or extension options allowed under the original contract shall then transfer to the adopted contract, and such renewals options may be executed by the adopting member district at its sole discretion and independently of the originating member district’s decision to execute such renewal options on the original contract.

2. SUBMISSION OF A SOLICITATION RESPONSE.

2.1. A Solicitation Response shall represent a true and correct statement and shall contain no cause for claim of omission or error.

2.2. All responses must be received by the District based on the method of response, electronic or hard copy, before the date and time indicated within the…