ESBD_File_341454_2024-013 Food Services Printers 11-3-23.pdf

2024-013

Food Service Printers

Issue Date: 10/26/2023

Questions Deadline: 11/15/2023 12:00 PM (CT)

Response Deadline: 11/27/2023 09:00 AM (CT)

Contact Information

Contact: Jessica Allen Address: Purchasing

600 S. Bois D. Arc Forney, TX 75126

Phone: (469) 762-4100 Email: purchasing@forneyisd.net

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 1 of 33 pages

Event Information

Number: 2024-013 Title: Food Service Printers Type: Request for Proposal Issue Date: 10/26/2023 Question Deadline: 11/15/2023 12:00 PM (CT) Response Deadline: 11/27/2023 09:00 AM (CT) Notes: Forney Independent School District (“FISD” or “District”) is seeking desktop-sized, black & white Multifunction Peripheral ("MFP") for use in our Food Service Manager offices in each campus Cafeteria, along with a maintenance and supply contract for each device.

This purchase will be made with Child Nutrition Funds, please complete all required attachments before submitting your proposal.

All questions regarding the meaning or interpretation of this proposal shall be requested within the eBidding portal no later than 12:00 pm on November 15, 2023.

All questions will be answered by the end of day November 17, 2023.

Date of Recommendation to Board, if required: December 4, 2023

Ship To Information

Address: Forney Independent School District 600 S. Bois D. Arc Forney, TX 75126

Phone: (469) 762-4100 Email: jlallen@forneyisd.net

Billing Information

Contact: Forney ISD Address: Accounts Payable

600 S. Bois D. Arc Forney, TX 75126

Phone: (469) 762-4100 Email: accountspayable@forneyisd.net

Bid Attachments

Blank_W-9.pdf View Online

Forney ISD Blank W-9

FISD_General_Terms_and_Conditions.pdf View Online

Forney ISD General Terms and Conditions

Conflict_of_Interest_Questionnaire_CIQ.pdf View Online

Conflict of Interest Questionnaire

HUB_Form (1).pdf View Online

HUB Form - Will be required to print, complete, and upload.

Certification_Regarding_Worker's_Compensation (1).pdf View Online

Certification Regarding Worker's Compensation

Contractor's_Certificate_Regarding_Drug-Free_Workplace (1).pdf View Online

Contractor's Certificate Regarding Drug-Free Workplace.

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 2 of 33 pages https://forneyisd.ionwave.net//VendorLanding.aspx?eq=(Z)P0dd_(Fe!Mw(Ch$B)B-v)Qfr!P)Ir5(Qd$F$Z(Bc!P61k(Rr!D-9k$Fyq$Z!A$Xuq32hht-$B(D$Fcy79$O$H$M)X(Y!Yfc1!Ie$H!Vea)H6plvpyvg)H$T)Jh$K$Pc$R7(Csez(Y6g!Zol0wd!Uelx$Al!Ub4x8$Q https://forneyisd.ionwave.net//VendorLanding.aspx?eq=7(H-)F5(Nm!Tm(Afp$Wi)N)Zc_!G)Axpxr(Y$I$I(F!Xx90x(O!K$A$Y!F$C$D(H$Peg$M$Sc$L)Vgpbmw(Gfh0!R!F$O!Kqij)Xe)J$B)J-yf$T$Lil$I(Ksuhif(Pi-u-z-e7q!P!P$Nt!S$H)Uz5zp-wn83)N)Ix6(G7w$A https://forneyisd.ionwave.net//VendorLanding.aspx?eq=(Jk)Vfdjx3f_(D!B_(F$K8un8lw)V)Yf!M)P(Odaes0$Qyh1$Bn7(I61ogp!B(R!Urio$Wd$Pm-3g5!Ne$M$O(U7$Gj$P$C$Ab)Uk(U6!Xdk!Ze$Jya!E)Vac7j)M5$L5)O$Rql8$A$Ln(Ofg(St!Z!I$Y6ejr!B$D)F2w https://forneyisd.ionwave.net//VendorLanding.aspx?eq=i8(Uut)Q9_(Rr!J35r(Hz8$J8-q)A)Hrs!M)V(O$Be_4$L(Pa!Ai(Z4j!D$Iobu19$Q!O$W69x3$K(U$Os7biv$L$F$A4)S(U4699r5_x!N_!E$Yo!Ikd)K)J-$Xsv6h)Vzr$Ow$V41$Mj(Nubu(H!F!P0$Yc2!Xjf$T)A https://forneyisd.ionwave.net//VendorLanding.aspx?eq=h(H_ijl)Exp(Gtkvk!Hl(Jn$C)Eh)Ti9!Vqzx9bj)Vyvrgt(Kcc$M$O(Q8e!Z(Bpwa!P2$O$F5!H$H$D(D4$W$K$Vblh$Iamr)I8q8h5l-(Rwq!Oss!Q$E!Oto)O4)Xuv$U)Bxx$J$D8or$Oe9c(K(Xv!Ul!Qxiajw https://forneyisd.ionwave.net//VendorLanding.aspx?eq=(G)Ir(X!Iyz(Ccd$L)I)Yk3s-u!E)Eo2x(T$Rwdso$Qd(O7m8018!Yrb(Jv-4!L$D5_$Ub!O$J7$Vs0-(V6fz0$W$O$X$F)H(M!R!K5d6$Inj!M)T8s)U$Dj)Ih$Mf$A$P2(F(Z!Nj!V$Sx_9h!W$To)L5)Og)K(Wt5$Tiv2)T)A

Contractor's_Certificate_Regarding_Alcoholic_Beverage_and_Tobacco- Free_Campus_Policy (1).pdf

View Online

Contractor's Certificate Regarding Alcoholic Beverage and Tobacco-Free Campus Policy

E-Verify_Program (1).pdf View Online

E-Verify Program

Iran_Contracting_Act (2).pdf View Online

Iran Contracting Act

Signature_and_Declaration_of_Compliance (1).pdf View Online

Signature and Declaration of Compliance

Requested Attachments

REQUIRED - W-9

(Attachment required)

A blank form is located under the "Attachments Tab". Please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

REQUIRED: Maintenance and Supply Contract (Attachment required)

Please provide your Maintenance and Supply Contract here.

REQUIRED: Conflict of Interest Questionnaire CIQ v. 1-1-2021 (Attachment required)

A blank form is located under the "Attachments Tab". If applicable, please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

REQUIRED - HUB Form (Attachment required)

A blank form is located under the "Attachments Tab". Please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

REQUIRED - Certification Regarding Worker's Compensation (Attachment required)

A blank form is located under the "Attachments Tab". Please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

REQUIRED Insurance Certificate (Attachment required)

Please upload a current copy of your company's liability insurance, naming Forney Independent School District as the Certificate Holder. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

REQUIRED - Contractor's Certificate Regarding Drug-Free Workplace (Attachment required)

A blank form is located under the "Attachments Tab". Please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

REQUIRED - Contractor's Certificate Regarding Alcoholic Beverage and Tobacco-Free Campus Policy (Attachment required)

A blank form is located under the "Attachments Tab". Please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 3 of 33 pages https://forneyisd.ionwave.net//VendorLanding.aspx?eq=(B)K6(Zfzawekqm9j!Gj(U$Yoa)Bm)Il!S5qf)A6(Y___$G$X0(D3fwn!T(Rle!Mm$U$Uiru6!Y$R$H8(Kb0$G$L$M$Ho9)H9(B!Rqo!L2$Lm9vradpk!M7hu)J)Zorh$E)S$S$G$Djnz(Fxp(Q!Fvv!I$J0e!C$E)Rsiw https://forneyisd.ionwave.net//VendorLanding.aspx?eq=9z$Ug!Km$B(P$X0-$Ta)Hudu)Em!Oq!R-4lh0r1)Sw)Z$Ch6!Z!J4u0(E8$Jvenj(X)Wg0n!M$Eli$Kz)T)Gf)O)Zv(O1c2q)Cp6!H!Nk74$Z11wm!Gt(U(U!Bc(Z(P(B(M!W$Kt!Y)Sgp$B)I1)W1!Ew(Q$K(Y)P!Stwq!A(Lww https://forneyisd.ionwave.net//VendorLanding.aspx?eq=$B!Uw$C(R$W$Q)Xi)J7wa!Nou!O)G2)Eq--$W!M3ryt!T(F$Q(P58uokm)Udiilt!Us$T8$Tg)Lvono)Vf)Px70vpwd_5)Xm(G)Rse!D!Op$I!Xwd(G7nk5yij02d(B!L8ba(C(U(W(Qim!Tei_0$Tq!Xs)C7$N)Os)A https://forneyisd.ionwave.net//VendorLanding.aspx?eq=2b$B!Xc$N-(Sxaha$Qd9-3v$Ad)Mf1)X!Erj!N)B)B$Gj!T3!J0n0erkip(N1$C0t(Q)Gf!G9_p$S$R7hur_e)K)Dxy3)Ua)V2i(Y)N8r!Yp!L$Z!Y(Dd(F1!D(Y9(D(Zb(M6p!A$Nnh!I)L4$Vid2)A-)I!M(H8$St(Kxcg

REQUIRED - E-Verify Program (Attachment required)

A blank form is located under the "Attachments Tab". Please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

REQUIRED - Iran Contracting Act (Attachment required)

A blank form is located under the "Attachments Tab". Please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

REQUIRED - Signature and Declaration of Compliance (Attachment required)

A blank form is located under the "Attachments Tab". Please complete form and upload as part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

OPTIONAL Additional Information

Please upload any additional information you would like to be considered as a part of your proposal response. Please use the below naming convention for all response attachments: Company Name - Document Name.pdf

Bid Attributes

1 Introduction

There are attributes, including this one, associated with this proposal. Some are notes and require no response, but most have a required 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 Bid Attributes**

2 Response Attachments - Name Convention

Be sure to upload all required documents and forms to the "Response Attachments" tab of this bid event.

Please use the below naming convention for all response attachments:

Company Name - Document Name. pdf

***ALL DEVIATIONS SHOULD BE CLEARLY LABELED AS SUCH***

3 Submission Response

Forney ISD prefers responses to be submitted online via our electronic system, but proposals may be submitted manually. Manual submissions must be delivered to the Forney ISD Administration building located at 600 S Bois d Arc, Forney TX 75126, in a sealed envelope by the date and time stated in this bid event. No fax or email submissions will be accepted. Only one format is needed. Manual submission shall consist of one (1) original hard copy and one (1) electronic flash drive. For any questions, please contact our District Purchasing Office at 469- 762-4100 or purchasing@forneyisd.net.

Forney Independent School District reserves the right to reject any or all proposals, to waive any technicalities, and to accept the proposal(s) that is determined to provide the best value to the School District.

4 Addenda

Forney ISD reserves the right to revise and amend the specifications prior to the date set for the opening.

Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission or other error(s) in the proposal in writing and request modification or clarification as desired. Revisions or amendments to the proposal, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the proposal. No oral interpretations will be made to offerors as to the meaning of proposal documents. Requests for such interpretations shall be made in writing. Failure on the part of the firm to do so shall not relieve them of the obligation to execute such work in accordance with a later interpretation by Forney ISD. All interpretations made to the offerors shall be made in the form of addenda to the proposal documents and posted to the website.

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 4 of 33 pages

5 Communications Statement

Contact between vendors and Forney ISD personnel during the proposal process or evaluation process is prohibited. Any attempt by vendors during the proposal process to contact Forney ISD personnel may result in disqualification. All communication shall go through the Purchasing Department during this competitive process. All questions received and the corresponding answers will be distributed to all bidders. No verbal responses will be provided. The deadline for questions about this proposal is stated in the Event Details tab and the district will not respond to questions after this time and date. Response to questions will be posted in the form of an addendum to this proposal. The vendors will be responsible for checking the website for any posted addenda.

6 Electronic Invoicing

It is the District's desire to receive all invoices in electronic, PDF format. The process will allow for more efficient payment processing. All invoices must be submitted to the following email address:

accountspayable@forneyisd.net. If your company uses any other billing address, Forney ISD will not be responsible for late payments, service charges, etc. Forney ISD purchase order numbers must be referenced on all invoices.

7 IRS W-9 v.2018

To receive payment under this Contract, Vendor shall have a current IRS Tax Identification Number and IRS W-9 v.

2018 form on file with Forney ISD Purchasing Department. A signed, current and accurate IRS W-9 v. 2018 form must be submitted with this proposal.

8 Name of Preparer

By submitting this proposal (bid) you agree that you are an authorized agent of the firm you are representing, and are permitted and authorized to perform such duties as assigned by a principle or act on behalf of the firm's principle(s). Please enter the full name of the person completing this proposal response.

(Required: Maximum 1000 characters allowed)

9 Forney ISD Terms and Conditions

Forney ISD Terms and Conditions are provided in the "Attachment" tab. Please check if you agree or disagree to the terms and conditions of this proposal. This is your electronic signature.

In order for FISD to do business with your entity you must agree to these terms. Please indicate your understanding and acceptance of this by checking the box provided.

Agree Do Not Agree (Required: Check only one)

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 5 of 33 pages

Evaluation Criteria

To determine the award of this proposal, Forney ISD shall consider the following, as provided in the Texas Education Code 44.031(b).

(1) The purchase price -- 35 points

(2) The reputation of the vendor and vendor’s goods or services -- 5 points

(3) The quality of the vendor’s goods or services -- 5 points

(4) The extent to which the goods or services meet the district’s needs -- 20 points

(5) The vendor’s past relationship with the district -- 5 points

(6) The impact on the district to comply with laws and rules relating to historically underutilized businesses -- 0 points

(7) The total long-term cost to the district to acquire the vendor’s goods or services -- 10 points

(8) For a contract for goods or services, other than goods or services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor’s ultimate parent company or majority owner: (A) Has its principal place of business in this state; and

(B) Employs at least 500 persons in this state -- 0 points

(9) Any other relevant factor specifically listed in this request for bids or proposals

(a) Ability to provide desired professional services -- 10 points

(b) Ability to meet required delivery timeline -- 10 points

Total Points -- 100

The District does not award contracts on pricing alone. The District reserves the right to award the contract to the proposer who offers the best value and is in the best interest of the District. The District reserves the right to be the sole judge as to the definition of "best value" and "best interest of the district".

Please indicate your understanding and acceptance of this.

I acknowledge (Required: Check only one)

EPCNT Purchasing Alliance - Interlocal Agreement Clause

Forney ISD is a member of the EPCNT Purchasing Alliance of North Texas. This is an alliance of school districts in the North Texas area who share in information, services and contractual opportunities. In support of the collaborative effort, a response of "I agree" indicates the Proposer is interested in extending services to to other EPCNT member districts. However, there is no obligation on either party to participate unless both parties agree.

Services would be provided under the same contract pricing and purchasing terms established by this solicitation.

I agree I do not agree

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 6 of 33 pages

CTPA Central Texas Purchasing Alliance - Interlocal Agreement Clause

A. Membership. FISD is a member in good standing of the of the Central Texas Purchasing Alliance (CTPA) an alliance of over 40 school districts in Texas representing over a million 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.

B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by FISD 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.

C. 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.

D. 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 renewal options maybe 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.

Does the respondent agree?

I agree I do not agree (Required: Check only one)

Other District Contracts

Do you currently hold any School District contracts?

Answer Yes or No; If "Yes", please indicate the name(s) of each school district below

(Optional: Maximum 1000 characters allowed)

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 7 of 33 pages

Criminal Background Check

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 have been met:

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 Proposer's 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 fire arms, alcohol and/or drugs, even in vehicles, is strictly prohibited on school/district property. The use of tobacco products are not allowed on school district property.

Please indicate you understand this policy and will abide by this and all requirements for background checks as deemed necessary by Forney ISD.

I agree I do not agree

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 8 of 33 pages

CRIMINAL HISTORY RECORD INFORMATION CERTIFICATION FOR CONTRACTOR EMPLOYEES

Education Code Chapter 22 requires certain entities that contract with school districts to obtain criminal history information regarding covered employees. Contractors must certify to the school district that they have complied with these requirements. Covered employees with disqualifying criminal histories are prohibited from working at a school district. A covered employee is defined as an employee of a contractor or subcontractor who have, or will have, continuing duties related to the service to be performed at the school district and have, or will have, direct contact with students. The School District will be the final arbiter of what constitutes direct contact with students

Contractor may not allow an employee to work at an instructional facility if the employee, during the preceding 30 years, was convicted of one or more of the following offenses, if at the time of the offense, the victim was under 18 years old or enrolled at a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or

(c) an equivalent offense under federal law or the laws of another state.

None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.

OR

Some or all of the employees of Contractor and any subcontractors are covered employees. If this box is checked, I further certify that:

1. Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history.

2. If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within three (3) business days.

3. Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees.

4. If the District objects to the assignment of a covered employee on the basis of the covered employee’s criminal history record information, Contractor agrees to discontinue using that covered employee for projects on property.

Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

Please certify below:

None of the employees are covered Some or all of the employees are covered

Felony Conviction Notification

State of Texas Legislative Senate Bill No. 1, 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.

If you answered ”YES” to the felony conviction question, please attach an explanation. Failure to comply will result in disqualification of the bid response.

No, owner/operator has no felony conviction Yes, owner/operator has a felony conviction

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 9 of 33 pages

Certificate of Interested Parties (CIP Form 1295)

Certificate of Interested Parties (Form 1295) – must be completed if required, upon request by FISD (filled out electronically with the Texas Ethics Commission’s online filing application, print, sign, and submit to FISD). Vendors must follow the directions provided specifically listed on the Texas Ethics Commission web-site.

Do not file with Texas Ethics Commission or include in proposal submittal unless requested by FISD at a later date.

This is included to provide the necessary notice. For additional information, please go to https://www.ethics.state.tx.us/filinginfo/1295/.

Please acknowledge you have read and will abide by this term.

I acknowledge (Required: Check only one)

NON-COLLUSION CERTIFICATE

The respondent affirms they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other proposer, and that the contents of this proposal as to prices, terms and conditions have not been communicated by the undersigned nor by any employee or agent of the company, corporation, firm, partnership, or individual to any other person engaged in this type of business prior to the official opening of this proposal.

Please acknowledge you have read and will abide by this term.

I acknowledge (Required: Check only one)

NON-RESIDENT VENDOR FORM

Texas law prohibits cities and governmental units from awarding certain contracts to a non-resident unless the amount of such proposal is lower than the lowest proposal by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidder's state. For information regarding this series of questions, see Texas Government Code Chapter 2252.

Section 2252.001(3) “Nonresident bidder” refers to a person who is not a resident.

Section 2252.001(4) “Resident bidder” refers to a person whose principal place of business is in this state [Texas], including a contractor whose ultimate parent company or majority owner has its principal place of business in this state [Texas].

Section 2252.002 states, 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.”

Pursuant to Section 2252.004, this form does not apply to a contract involving federal funds.

Is your principal place of business in Texas?

Yes or No, if "No", which state is your principal place of business

NON-RESIDENT VENDOR

If your principal place of business is not Texas, does your state favor resident bidders in your state by some dollar increment or percentage?

If neither applies to you, please select N/A (Not applicable)

Yes No N/A (Required: Check only one)

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 10 of 33 pages http://

NON-RESIDENT VENDOR

If yes, what is that dollar increment or percentage?

DEBARMENT OR SUSPENSION CERTIFICATION FORM

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 as required by (13 CFR Part 145). Entities ineligible for federal procurement are listed on the “List of Parties Excluded from Federal Procurement and Non-Federal Procurement Programs,” published by the System for Award Management (SAM) (www.sam.gov).

By submitting this offer, the proposer certifies the company and principals:

1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not, within a three-year period, preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification;

4. Have not, within a three-year period, preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default; and

5. Are not presently listed on the Federal Government Terrorism Watch List as described in Executive Order 13224.

The inability of a proposer to provide the certification required will not necessarily result in denial of participation in this covered transaction. The proposer shall submit an explanation of why it cannot provide the certification. The certification or explanation will be considered in connection with the District’s determination whether to enter into this transaction. However, failure of the proposer to furnish a certification or an explanation shall be reason for disqualification from participation in this transaction. The proposer shall provide immediate written notice to the School District if at any time the proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstance.

I certify (Required: Check only one)

CERTIFICATION REGARDING TERRORIST ORGANIZATIONS

Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, I, the undersigned agent for the company named below, certify that the company is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153.

I further certify that should the below-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the School District.

Please indicated your understanding and acknowledgement that you DO NOT do business with Iran, Sudan, or any other Terrorist Organizations.

I affirm

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 11 of 33 pages

Not Boycott Israel

Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response.

(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

(2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

Please indicate your understanding and acceptance by clicking the checkbox provided.

I affirm (Required: Check only one)

Firearm Entity/Trade Association Nondiscrimination

If VENDOR is not a sole proprietorship, has ten (10) or more employees, and the value of VENDOR’s bid or proposal has a value of $100,000 or more, VENDOR certifies by submitting VENDOR’s bid or proposal that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined by Texas Government Code Ann. Chapter 2274, and will not during the term of any contract with the DISTRICT, unless excepted from that law.

Please indicate your understanding and acceptance.

I certify (Required: Check only one)

Energy Company Boycott

As required by Texas Government Code Ann. Chapter 2274, if VENDOR has ten (10) or more employees, is not a sole proprietorship, and if the value of VENDOR’s bid or proposal has a value of $100,000 or more, VENDOR certifies by submitting VENDOR’s bid or proposal that it does not boycott energy companies and will not during the term of any contract with the DISTRICT, unless excepted by that law.

Please indicate your understanding and acceptance.

I certify

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 12 of 33 pages

Contractor's Certificate Regarding Cooperative Agreement

Cooperative Agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and non-Federal entity that, consistent with 31 U.S.C. 6302-6305:

(a) Is used to enter into a relationship the principal purpose of which is to transfer any of value from the Federal awarding agency or pass-through entity to the non-Federal entity to carry out a public purpose authorized by la law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal Government or pass-through entity's direct benefit or use;

(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award.

(c)The term does not include:

1. A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or

2. An agreement that provides only:

(i) Direct United States Government cash assistance to an individual

(ii) A subsidy

(iii) A loan

(iv) A loan guarantee, or

(v) Insurance

Please indicate your understanding and acceptance.

(Required: Check if applicable)

Intangible Property

All contracts paid from State or Federal grants must retain copyright for the State and Federal government (if a federally funded contract) unless otherwise negotiated in writing with the State and Federal government. Pursuant to the provisions in 2 CFR 200.315, title to intangible property vets in the school district an/or purchasing cooperative, as long as such property is used for authorized irrevocable right to reproduce, publish or otherwise use the work for Federal purposes when authorized to do so.

Please indicate your understanding and acceptance.

I understand and accept I do not understand or accept (Required: Check only one)

Compliance with Anti-Trust Laws

Pursuant to Texas Government Code 2155.005, I affirm under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company)listed below;

2. In connection with this bid, neither I nor any representatives of the Company have violated any provision of the Texas Antitrust laws codified in Texas business & Comm. Code Chapter 15;

3. In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and

4. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Added by Acts 1995, 74th Leg., ch. 41, Sec.1, eff. Sept. 1, 1995

Please indicate your understanding and acceptance.

I understand and accept I do not understand or accept

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 13 of 33 pages

Texas Family Code Provision

Pursuant to Texas Family Code, Section 231.006, a child support obligor who is more than thirty (30) days delinquent in paying child support or a business entity in which the child support obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from State funds under a contract to provide property, materials, or services until all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to the existing delinquency; or a court of continuing jurisdiction over the child support order has granted the obligor an exemption as part of a court-supervised effort to improve earnings and child support payments. The undersigned proposer certifies that he or she, as the proposing individual, or the proposing business entity named in this contract, bid or application, is not ineligible under Section 231.006 of the Texas Family Code, to receive the specified grant, loan or payment, and acknowledges that a contract resulting from this solicitation may be terminated and payment may be withheld if the certification provided herein is found to be inaccurate. NOTE: Owners not owning at least twenty-five percent (25%) of the business entity submitting this proposal need not execute this certification and acknowledgement.

Please acknowledge your understanding and acceptance?

I understand and accept I do not understand or accept (Required: Check only one)

Prohibited Employment Assistance

Pursuant to Texas Family Code, Section 231.006, a child support obligor who is more than thirty (30) days delinquent in paying child support or a business entity in which the child support obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from State funds under a contract to provide property, materials, or services until all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to the existing delinquency; or a court of continuing jurisdiction over the child support order has granted the obligor an exemption as part of a court-supervised effort to improve earnings and child support payments. The undersigned proposer certifies that he or she, as the proposing individual, or the proposing business entity named in this contract, bid or application, is not ineligible under Section 231.006 of the Texas Family Code, to receive the specified grant, loan or payment, and acknowledges that a contract resulting from this solicitation may be terminated and payment may be withheld if the certification provided herein is found to be inaccurate. NOTE: Owners not owning at least twenty-five percent (25%) of the business entity submitting this proposal need not execute this certification and acknowledgement.

Please acknowledge your understanding and acceptance?

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EDGAR CERTIFICATIONS

ADDENDUM FOR CONTRACT FUNDED BY U.S. FEDERAL FUNDS OR GRANT

The following certifications and provisions are required and shall apply when Forney Independent School District (“FISD”) expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R. § 200.327, all contracts, including small purchases, awarded by FISD and the FISD’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. Accordingly, the parties agree that the following terms and conditions apply to the Contract between FISD and vendor (“Vendor”) in all situations where Vendor has been paid or will be paid with federal funds, and you must complete attributes 25-43 as part of your response document. Vendors who are able to affirm to all of the EDGAR Attributes listed within this RFP document will be considered EDGAR compliant for the purpose of federal fund expenditures. Forney ISD is the sub-grantee or sub-recipient by definition. The Federal rule numbering or identification below is only for reference purpose on this form 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.

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 14 of 33 pages

EDGAR--Contracts for More Than the Simplified Acquisition Threshold $250,000

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

Pursuant to Federal Rule (A) above, when FISD expends federal funds, FISD 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.

Do you affirm?

I affirm I do not affirm (Required: Check only one)

EDGAR--Termination for Cause and For Convenience by the Grantee or Subgrantee (All Contracts in Excess of $10,000)

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when FISD expends federal funds, FISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. FISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if FISD believes, in its sole discretion that it is in the best interest of FISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by FISD as of the termination date if the contract is terminated for convenience of FISD. Any award under this procurement process is not exclusive and FISD reserves the right to purchase goods and services from other vendors when it is in FISD’s best interest

Do you affirm?

I affirm I do not affirm (Required: Check only one)

EDGAR--Equal Employment Opportunity

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

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

Do you affirm?

I affirm I do not affirm

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 15 of 33 pages

EDGAR--Davis Bacon Act

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by 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 subrecipient 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.

Pursuant to Federal Rule (D) above, when FISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.

Do you affirm?

I affirm I do not affirm (Required: Check only one)

EDGAR--Contract Work Hours & Safety Standards Act

(E) 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.

Pursuant to Federal Rule (E) above, when FISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by FISD resulting from this procurement process.

Do you affirm?

I affirm I do not affirm

Deadline: 11/27/2023 09:00 AM (CT) 2024-013Page 16 of 33 pages

EDGAR--Rights to Inventions Made

(F) 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 subrecipient 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 subrecipient 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.

Pursuant to Federal Rule (F) above, when federal funds are expended by FISD, Vendor certifies that during the term of an award for all contracts by FISD resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Do you affirm?

I affirm I do not affirm (Required: Check only one)

EDGAR--Clean Air Act

(G) 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).

Pursuant to Federal Rule (G) above, when federal funds are expended by FISD, Vendor certifies that during the term of an award for all contracts by FISD resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Do you affirm?

I affirm I do…