ESBD_File_343810_RFP 07-11302023-2 Play & Shade Structures.pdf

RFP MUST BE RECEIVED AT THE DESIGNATED LOCATION SPECIFIED IN THIS SOLICITATION ON OR BEFORE:

February 02, 2024 at

10:00 AM CST

Note: Campuses will be closed for the holidays.

MAIL, COURIER, or HAND DELIVER PROPOSAL TO:

Region 7 Education Service Center

ATTN: Martha Lakey

Purchasing Specialist I, Purchasing Services

RFP 07-11302023-2 Play & Shade Structures

1909 North Longview Street

Kilgore, Texas 75662

Show RFP Number, Opening Date and Time on Return Envelope

NOTES TO POTENTIAL RESPONDENTS:

It is the Respondent’s sole responsibility for preparing, submitting, and delivering a response with all required materials to the designated location on or before the published submittal deadline. Courier or delivery services may not deliver directly to the specified location. It is strongly recommended that the response be hand carried to insure receipt at the proper location:

• If mailing or sending by courier, the Respondent (Offeror) is cautioned to allow sufficient time for delivery prior to the published deadline to the location specified above.

• Failure to deliver, for whatever reason, may not be grounds for disputing the procurement solicitation process or any resulting contract award.

All questions relating to the RFP shall be in writing via e-mail as provided below. All requests for information shall result in written responses attached as Addendum to the RFP posting on the Region 7 Purchasing Services website.

REFER INQUIRIES IN WRITING TO SOLICITATION CONTACT:

ATTN: Sonya McCoy, RTSBA

Deputy Director, Head Start

Email: smccoy@esc7.net

Sealed responses will be accepted until the date and time established for receipt. After receipt of responses, the names of Respondents will be made in accordance with the laws and regulations applicable to ESC. All responses submitted shall become the property of Region 7 Education Service Center upon receipt.

Failure to formalize the terms of the response by signing the RFP and completely submitting the required information may result in disqualification of the offer contained within the response. The Respondent must indicate exceptions to the contract terms and conditions in the body of their response and offer alternative language to any contract terms and conditions when they submit a response to this solicitation. If a response is signed and submitted without including specific exceptions to the General Contract Terms included in this solicitation, Region 7 will not negotiate and reserves the right to start negotiations with other respondents.

Respondent must review this solicitation in its entirety. Failure to do so can result in missing required information and will result in rejecting a response for failure to follow instructions.

Respondent Initials _______

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Table of Contents

SECTION 1: INTRODUCTION

1.1 STATEMENT OF WORK

1.2 FAIR AND OPEN COMPETITION

1.3 PRICING OPTIONS

1.4 COMMODITY CODES

1.5 PROPOSAL EVALUATION

1.6 RFP TIMELINE

1.7 AWARD PROCESS

1.8 TERM OF AGREEMENT

1.9 REGION 7 ESC BACKGROUND INFORMATION

1.10 COMPLIANCE WITH ESC POLICIES AND PROCEDURES

1.11 INSURANCE REQUIREMENTS

1.12 FINANCIAL OVERSIGHT

SECTION 2: RESPONSE SUBMITTAL AND INQUIRIES

2.1 SUBMITTAL DEADLINE AND LOCATION

2.2 SUBMITTAL INSTRUCTIONS

2.3 INQUIRIES AND INTERPRETATIONS

SECTION 3: GENERAL TERMS AND CONDITIONS

3.1 SAMPLE: CONTRACT TO PERFORM

3.2 General Contract Terms

EXHIBIT A: AUTHORIZED KEY PERSONNEL 07-11302023-1

ATTACHMENT A: US DOL Payroll

ATTACHMENT B: Wells Play Structure

ATTACHMENT C: Lindale Shade Structure

ATTACHMENT D: Cherokee County Prevailing Wages

ATTACHMENT E: Smith County Prevailing Wages

OPTIONAL: NO BID FORM

Click on section/term to direct to that page

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SECTION 1: INTRODUCTION

1.1 STATEMENT OF WORK

Region 7 ESC is seeking responses to this solicitation from qualified individuals or firms (Respondents) to perform the services described below (Work): To sell and install a play structure located on Wells Elementary campus at 175 Bonita Street, Wells, Texas and sell and install a shade structure located on Lindale ECC campus at 201 Stadium Drive, Lindale, Texas, based on the available specifications provided by the Head Start

Department of Region 7 ESC.

1.1.1 BACKGROUND

The purpose of this solicitation is to award a Respondent that can meet the requirements listed in this RFP. The

Region 7 Education Service Center (ESC) Head Start Department reserves the right to award the Respondent in the best interest of the ESC.

1.1.2 GENERAL REQUIREMENTS

The below requirements are the minimum specifications to be offered by Respondent. Additional services are amendable and acceptable by the ESC. For the purpose of this solicitation items that are brand-labeled, or which may contain proprietary information are to be considered 'or equal’. Brand name and proprietary information will not affect award selection. The ESC shall determine an award based on the most responsible and responsive proposals.

A scheduled walk-through must be attended by all potential respondents. Failure to attend a walk-through may result in disqualification of a respondent’s submission.

Walk-through Contact: Alan Henson 903-988-7668 or ahenson@esc7.net.

Walk-through must be completed by January 12, 2024, 4:00 p.m.

Note: Campuses will be closed for the holidays. No walk-through will be scheduled during closure.

1.1.2.1 PRODUCT REQUIREMENTS

Modular and single-piece structures accepted. Respondent is encouraged to use the specifications of the shade structure and play structure included in the attachment.

1.1.2.1.1 Purchase

Wells Elementary Play Structure Specs See Attachment B for additional specifications and location information.

o ADA Compliant.

o IPEMA (International Play Equipment Manufacturers Association) membership for manufacturer of proposed equipment.

o 5–12-year-old age range.

Item Color Specification Play Structure Primary Colors

Fade Resistant Galvanized and powder-coated steel tubing 1 Straight slide 1 Rock Crawl Ramp 1 Stair 1 Bubble Window Panel 1 Arch Ladder

Pad Site

12” of engineered wood fiber safety surface with soil separator filter fabric.

Rubber edging around the entirety of the pad.

Approximately 60’ w x 30’ l mailto:ahenson@esc7.net

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Lindale ECC Shade Structure Specs See Attachment C for additional specifications and location information.

Item Color Specification

Play Structure Canopy Fabric: Royal Blue Post Color: Tele-Grey

27’ w x 48’ l x 10’4” h

1.1.2.1.2 Installation

• Respondent will work with the ESC designated Project Manager during the installation.

• Respondent is responsible for all local government permits.

• Respondent is responsible for locating utilities on pad site.

• Respondent is responsible for materials to secure site during construction.

• Respondent is responsible for providing sanitation facilities for employees and subcontractors.

• Students may be on campus during the installation. Respondent employees and subcontractors are subject to a criminal history background check.

• Respondent employees and subcontractors are required to check in at the beginning of the workday with the campus front office.

• OPTIONAL: Respondent may be required to install other construction related to site development such as: fencing, sidewalks, fill dirt, site restoration. A walk-through is required.

1.1.3 SCOPE OF BID

Bid Number: 07-11302023-2

Bid Title: Play & Shade Structures

Bid Type: RFP: Request for Proposal

Estimated Value: $110,000.00

Project Start: March 01, 2024

Work Completed By: May 31, 2024

1.2 FAIR AND OPEN COMPETITION

The Request for Proposal (RFP) meets the competitive proposal requirements as described in 2 CFR

200.320(b)(2) and creates full and open competition as the statement of work within the proposal is modifiable/amendable by Respondent. Items that are brand-labeled are to be considered 'or equal’.

Brand name will not affect award selection.

1.3 PRICING OPTIONS

• Response to include pricing breakdown of:

• All associated costs as required for any code compliance (permitting, inspection, etc.).

• Warranty costs for 36, 48, and 60-month periods.

• All associated costs as required for the

▪ Purchase,

▪ Transport,

▪ Installation, and

▪ Clean-up and removal of materials,

▪ Repairs,

▪ Warranty of the General Requirements in Statement of Work.

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Region 7 ESC shall not be liable to any Respondent, person or entity for any losses, expenses, costs, claims or damages of any kind:

Arising out of, or by reason of, or attributable to, the Respondent responding to this RFP.

As a result of the use of any information, error or omission contained in this RFP document or provided during the RFP process.

The selected Respondent(s) as provider of the Work to the ESC shall:

• Be expected to maintain a high degree of confidentiality throughout the process.

• Be subject to the State’s “open records” laws.

1.4 COMMODITY CODES

The corresponding NIGP commodity codes of this RFP includes but is not limited to the below, as found at: https://mycpa.cpa.state.tx.us/commbook/:

155-85 650-00 650-12 650-38 155-85

650-48 650-50 650-60 931-65 988-73

1.5 PROPOSAL EVALUATION

Proposals shall be evaluated based on the weights assigned below to each evaluation criteria. If additional information or proposal clarification is required, the RFP evaluation team shall make written requests to the appropriate Respondent(s) and require all responses to be made in writing. To request clarification of evaluation criteria, contact the Purchasing Services Department at purchasing@esc7.net.

Price 30%

Proposed Services 30%

Installation & Clean-up 25%

Timeline 5%

Warranty 5%

Product Availability 5%

Total 100%

The following factors may be considered in addition to the aforementioned PROPOSAL EVALUATION criteria: (a) Unit price, (b) total bid price, (c) delivery date, (d) results of testing samples, (e) quality of goods, (f) vendor’s past performance record, (g) technical assistance present and past, (h) vendor’s follow up of problems once notified.

Factors which may be considered by the Committee in making the award include: (a) The quality, availability, and adaptability of contractual services to the particular use required; (b) The number and scope of conditions, if any, attached to the bid response; (c) the ability, capacity, and skill of the Respondent to perform to the contract or provide the associated service required; (d) whether the Respondent can perform the contract or provide the service promptly, or within the time required, without delay or interference; (e) the character, responsibility, integrity, reputation, and experience of the Respondent; (f) The quality of performance of previous contracts (and associated services); (g) the previous and existing compliance by the Respondent with the State of Texas laws relating to the contract (or associated services); (h) the sufficiency of the financial resources and ability of the Respondent to perform the contract or provide the service; (i) the ability of the Respondent to provide future maintenance, repair parts, and associated service for the equipment provided by the contract; (j) the successful Respondent for technology related line-item bids must have a minimum of three (3) trained and certified computer technicians available for training and assistance to ESC employees, as applicable. Copies of additional, required certification shall be submitted to ESC upon award of bid.

https://mycpa.cpa.state.tx.us/commbook/

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1.6 RFP TIMELINE

Event Date

Available: 11/30/2023

Mandatory Walk-through Completed By: 01/12/2024, 4:00 PM

Deadline for Questions: 01/22/2024 4:00 PM Central

Closes to Responses: 02/02/2024 10:00 AM Central

Opens for Review: 02/02/2024 10:00 AM Central

Review/Evaluations Complete: 02/09/2024

Project Start: 03/01/2024

Work Completed By: 05/31/2024

1.7 AWARD PROCESS

The ESC shall be the sole judge in making this determination and it shall be done if it is determined to be in the ESC’s best interest. Contracts shall only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions· of a proposed procurement.

Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

During the review period, Respondents shall refrain from contacting any ESC employee, agent, representative, assignee, designee, or client of ESC regarding open solicitations, unless expressly requested by Purchasing Services or solicitation contact.

Proposals and pricing shared in any form of communication, other than in the Respondent’s submitted proposal, will void Respondent’s submission, unless expressly requested by the Purchasing Services Department or solicitation contact during the review period.

1.7.1 Administrative Review

The ESC will review timely received responses to determine if mandatory requirements are met and to verify that the proposals meet such requirements. Compliant responses will be approved for subsequent evaluation steps.

1.7.2 Initial Ranking

A committee will review and rank compliant responses, without consideration of cost, from best to least qualified. The evaluation team will use detailed evaluation and weighting guidelines to carefully review and assign a score to each section of each response. Upon completion of the evaluation and scoring, the next step of this evaluation will be performed.

1.7.3 Cost Proposal Evaluation

Cost proposals will be opened and reviewed by evaluation team members. Scores for cost will be based on pre-determined guidelines and weightings. These scores will be added to those assigned in the Initial Ranking process.

1.7.4 Reference Checks, Clarification, and Product Demonstration/Presentation Region 7 ESC will perform reference checks and seek further information as needed from all

Respondents whose responses meet qualifications, based on the initial evaluation and scoring. Respondents may be asked to discuss their responses or provide written clarification.

In the course of seeking additional information, the Region 7 ESC will:

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• Control all discussions;

• Attempt to resolve any uncertainties concerning a Respondent’s response;

• Attempt to resolve any suspected mistakes by calling them to a Respondent’s attention as specifically as possible without disclosing information concerning other Respondent’s responses or confidential aspects of the evaluation process.

1.7.5 Final Evaluation

The ESC intends to make the contract award to the Respondent whose response best meets the evaluation criteria and reflects the “best value” to the ESC. In determining “best value”, the Evaluation Committee will be instructed to consider all information contained in the initial responses; the initial evaluation; Best And Final Offer responses (if necessary); and information obtained from references, site visits, Respondent presentations or demonstrations, and any other information obtained during this procurement solicitation process.

1.8 TERM OF AGREEMENT

The term of any resulting agreements will be to sell and install a play structure located on Wells

Elementary campus at 175 Bonita Street, Wells, Texas and sell and install a shade structure located on

Lindale ECC campus at 201 Stadium Drive, Lindale, Texas, based on the available specifications meeting the aforementioned requirements.

1.9 REGION 7 ESC BACKGROUND INFORMATION

Region 7 ESC is one of 20 regional education service centers statewide that participates in the planning, development, coordination, implementation, and evaluation of innovative educational programs. Created in

1967, Education Service Centers (ESCs) do not have tax levying or bonding authority and rely on grants and contracts for funding. Revenues are received from three primary sources: federal, state, and local funds.

Region 7 currently serves 100 school districts, the largest amount of school districts of any ESC.

1.10 COMPLIANCE WITH ESC POLICIES AND PROCEDURES

Respondent is notified that in the event of an award the following procedures, at a minimum, shall apply to contractor’s employees and subcontractors while on the ESC property:

a. Visible name badge must be worn while on the property;

b. Prohibition on smoking or tobacco use;

c. Fire safety;

d. Hazardous Materials;

e. Drug-free workplace; and,

f. Prohibition of sexual harassment, or harassment or discrimination based on race, color, national origin, age, sex, religion, disability or sexual orientation.

1.11 INSURANCE REQUIREMENTS

Respondent must provide valid proof of General Liability Insurance and Workers Compensation.

1.12 FINANCIAL OVERSIGHT

The Region 7 ESC Head Start Department, with assistance of the Region 7 ESC Business Office and Federal Office of Head Start, will oversee the financial obligations of any resulting awards or contracts.

Contracts will be paid upon the terms set forth in mutual agreement with selected award Respondent.

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SECTION 2: RESPONSE SUBMITTAL AND INQUIRIES

2.1 SUBMITTAL DEADLINE AND LOCATION

2.1.1 All proposals must be received by Region 7 Education Service Center at the designated location indicated on the cover page of the solicitation no later than the time and date specified.

2.1.2 It is the Respondent’s sole responsibility for preparing, submitting, and delivering a response with all required materials to the designated location on or before the published submittal deadline.

Late offers properly identified will be returned to Respondent unopened. Late offers will not be considered under any circumstances.

2.2 SUBMITTAL INSTRUCTIONS

2.2.1 SIGNATUREE

Proposals must be signed by Respondent’s company official or representative authorized to commit such proposals and bind the Respondent in the event of a contract award. Failure to sign the submitted proposal may be basis for disqualification.

2.2.2 MULTIPLE RESPONSES

An original, three (3) copies excluding prices, and one (1) electronic copy (via USB) of your complete proposal submitted in response to this solicitation are required. Copies #1 -#3 must be an exact copy of the original excluding prices.

2.2.3 PACKAGING

Proposal package (envelope/box/carton) must indicate on the lower left-hand corner:

• the Respondent’s company name,

• the proposal opening date,

• RFP number and title

2.2.4 RESPONSE CONTACT

Cover page of proposal must include:

• Company name

• Proposal contact

• Contact phone

• Contact e-mail.

2.2.5 RESPONSE INCLUSION

Proposal must include:

• Tab A – RFP o Initialed RFP o Completed 2023 dated W-9 or equivalent o Completed Exhibit A: Authorized Key Personnel o OPTIONAL ONLY: Additional certifications/documentation (e.g., HUB, certifications).

• Tab B – Finance o Financial Capability Statement from Financial Institution o Respondent Insurance(s) As Applicable

▪ Commercial General Liability

▪ Workers’ Compensation

• Tab C – Company Information o Executive summary of Respondent to include:

▪ Experience:

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• Available details, storyboards, and/or printouts of past projects with a similar scope of work.

▪ Qualifications:

• Education and certification (if applicable) of personnel involved in the scope of work if awarded.

▪ Three references with contact information of similar standing as ESC.

• Tab D – Proposed Services o GENERAL REQUIREMENTS to include:

▪ Wells Elementary:

• Product information,

• Swatch of available and requested colors.

• Available warranty, and

• Timeline of installation.

▪ Lindale ECC:

• Product information,

• Swatch of available and requested colors.

• Available warranty, and

• Timeline of installation.

o Methodology of

▪ Removal and

▪ Installation.

• Tab E – Pricing o Response to include pricing breakdown of:

▪ All associated costs as required for adherence to the GENERAL REQUIREMENTS.

▪ All non-recurring and recurring costs, as applicable.

▪ Additional manufacturer warranty offers and costs.

o Payment terms o Early and/or prepay discounts

Telephone and/or facsimile (Fax) and/or e-mail responses to this RFP are not acceptable. All costs and expenses related to the preparation and submittal of a response to this solicitation shall be borne by the Respondent.

Upon receipt, all submittals shall become property of the ESC.

2.3 INQUIRIES AND INTERPRETATIONS

Any questions or inquiries regarding the specifications or any other aspect of this solicitation must be received by email to solicitation contact: Sonya McCoy, smccoy@esc7.net.

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) posted to the Region 7 Purchasing Cooperative website.

All such addenda issued prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge specific receipt of each in his/her proposal response. Only those replies to inquiries, which are made by formal written addenda, shall be binding. Oral and other interpretations or clarification will be without legal effect.

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SECTION 3: GENERAL TERMS AND CONDITIONS

Any Contract awarded as a result of this RFP will contain the General Contract Terms listed below in

Section 3.2. Subcontractors are obliged to comply with these provisions. A Sample contract to perform is provided in 3.1 for your reference.

3.1 SAMPLE: CONTRACT TO PERFORM

1. BETWEEN

Region 7 Education Service Center AND _________________________________

Contract No. 07-11302023-2

This agreement (“Contract”) is entered into by the Region 7 Education Service Center (the “ESC” or “Region 7 ESC”), located at 1909 North Longview Street, Kilgore, Texas, and_____________ (the “Contractor” or “Respondent”) located at ____________________, ________, ________.

Recitals

Whereas, on January 1, 2024 ESC issued a Request for Proposal from qualified, independent respondents to

________ and on ________, 20XX issued its official response to questions (collectively “RFP”); and

Whereas, Contractor submitted a proposal (Proposal) dated ____________, 20XX, in response to ESC RFP; and

Whereas, Contractor was selected to _________________ (online student software for Region 7 ESC).

Now Therefore, the ESC and Contractor hereby agree as follows:

Authority

This Contract is entered into pursuant to TEC 44.031(3) and ESC Board policy CH(LOCAL).

Services, Standards of Performance and Contract Administration

Contractor shall provide the services and the deliverables described herein in the manner required by all the following documents:

1. This Contract

2. The Statement of Work

3. Exhibit A: Authorized Key Personnel List

4. Completed Proposal

All the above are attached to and incorporated as part of this Contract for all purposes. All these documents constitute the Standards of Performance for this Contract.

In the case of conflicts between this Contract and any of the above exhibits, the following shall control in this order of priority:

1. This Contract

2. The Statement of Work

3. Exhibit A: Authorized Key Personnel List

4. Completed Proposal

Contractor shall provide all of the above services and all reasonably related services in accordance with applicable professional standards of a Contractor providing similar services in the Region 7 ESC geographical area. Contractor represents and warrants that it has the requisite qualifications, experience, personnel and other resources to perform in the manner required by this Contract. ESC shall designate a Project Manager for this Contract. The Project Manager will serve as the point of contact between the ESC and Contractor. Region 7

ESC Project Manager shall supervise Region 7 ESC’s review of Contractor’s technical work, deliverables, draft reports, the final report, payment requests, schedules, financial budget administration and similar matters. The

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Project Manager does not have any express or implied authority to vary the terms of the Contract, amend the

Contract in any way or waive strict performance of the terms or conditions of the Contract.

3.2 General Contract Terms

1. Funding All obligations of the ESC and Customers are subject to the availability of legislative appropriations and, for the

ESC and Customers expending federal funds, to the availability of the federal funds applicable to the Contract. The

Respondent acknowledges that the ability of ESC and the Customers to make payments under the Contract is contingent upon the continued availability of funds. The Respondent further acknowledges that funds may not be specifically appropriated for the Contract and the ESC or Customers continual ability to make payments under the Contract is contingent upon the funding levels appropriated for each particular appropriation period. The ESC and the Customers will use all reasonable efforts to ensure that such funds are available. The Respondent agrees that if future levels of funding for

ESC or a Customer are not sufficient to continue operations without any operational reductions, ESC or the Customer, in its discretion, may terminate the Contract or a pending order under the Contract, either in whole or in part. In the event of such termination, ESC or the Customer will not be considered to be in default or breach under the Contract, nor shall it be liable for any further payments ordinarily due under the Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. ESC and the Customer shall make best efforts to provide reasonable written advance notice to the Respondent of any such Contract or order termination. In the event of such a termination, the Respondent shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination, either on the particular order if an order is being terminated, or the Contract, if the Contract is being terminated. ESC or the Customer shall be liable for payments limited only to the portion of work the ESC or the

Customer authorized in writing and which the Respondent has completed, delivered to the ESC or Customer, and which has been accepted by ESC or Customer. All such work shall have been completed, per the Contract requirements, prior to the effective date of termination.

2. NOGA All contracts, agreements, and lease purchases that are to be paid with federal awards for each participating party shall strictly adhere to the regulations set forth in the Financial Accountability System Resource Guide (FASRG) of the Texas

Education Agency (TEA), and the Education Department General Administrative Regulations (EDGAR) of the U.S.

Department of Education. These requirements include but are not limited to (RE: Code of Federal Regulations [CFR

Appendix II Part 200]):

• Contract is effective upon receipt by the ESC or member of the Notice of Grant Award (NOGA)

• Awardee must maintain an award status for the duration of the grant period of availability.

• All services must be completed in the duration of the grant period of availability.

• Services must be invoiced monthly after services are received

3. NON-EXCLUSIVE CONTRACT In an effort to promote fair and open competition, the ESC reserves the right to award multiple contracts.

4. Personnel Contractor shall assign only qualified personnel to this Contract. On the date of ESC execution of this Contract, ESC project manager shall authorize the key personnel listed in Exhibit A of this Contract to provide services under this

Contract. Contractor, in its reasonable discretion, reserves the right to substitute appropriate key personnel to accomplish its duties so long as the substituted personnel are equally qualified and skilled in the tasks necessary to accomplish the tasks and services required. Contractor shall provide to ESC prior written notice and obtain written approval from ESC prior to any change in key personnel involved in providing services under this Contract.

5. Invoices Invoices shall be sent directly to Region 7 ESC. Payments are processed after business office has been notified that the items have been received in good condition and installation is complete. Invoices must detail the items delivered and must reference the purchase order number for speed in processing.

6. Contract Monitoring All pricing provided in the proposal should include a specific deliverable or a set of deliverables that demonstrate successful completion of activities. All activities must have documentation to support their completion. ESC reserves the right to reject goods or services which do not address the deliverables stated in the contract and do not meet

ESC quality review. Monitoring may include, but is not limited, to reviewing invoices to ensure the receipt and acceptance of goods and services per contract requirements and monitoring contracts for certain administrative reporting activities stated in the contract terms and conditions or in any special provisions. These include contractor reporting of any litigation, lobbyist activities, changes in ownership or financial status, and key changes on personnel, and monitoring agency

12 | P a g e Region 7 Education Service Center RFP 07-11302023-2 Play & Shade Structures compliance with statutes, rules, and regulations governing state agency contract and procurement activities. ESC expects the contractor to be responsive to requests for documentation for purposes of monitoring.

7. Vendor Performance Deficiency Non-performance of the award vendor in terms of specifications shall be a basis for the termination of award. Cancellation by the ESC may be made upon thirty (30) calendar days’ written notice to the awarded vendor. The ESC shall not pay for work, equipment, or supplies which are unsatisfactory. Vendor shall be given a reasonable opportunity (30 calendar days) before termination, to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.

8. Subcontractors providing services under the Contract Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Contractor. No subcontract under the Contract shall relieve

Contractor of responsibility for ensuring the requested services are provided. If Contractor uses a subcontractor for any or all of the work required, the following conditions shall apply: (a) Contractors planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors. (b) Subcontracting shall be solely at Contractor’s expense.

(c) ESC retains the right to check subcontractor’s background and approve or reject the use of submitted subcontractors. (d)

Contractor shall be the sole contact for the ESC. Contractor shall list a designated point of contact for all ESC inquiries.

9. Payments Prior to authorizing payment to Contractor, ESC shall evaluate Contractor’s performance. Contractor shall provide invoices to ESC for Commodities/Services provided/performed. Invoices must be submitted not later than the 15th day of the month after the Services are completed. No payment whatsoever shall be made under this contract without the prior submission of detailed, correct invoices. Subject to the foregoing, ESC must make all payments in accordance with the

Texas Prompt Payment Act, Government Code, Chapter 2251. Payments under this Contract are subject to the availability of appropriated funds. Contractor acknowledges and agrees that payments for services provided under this Contract are contingent upon ESC receipt of funds appropriated by the Texas Legislature.

10. Guarantee A minimum of ninety (90) days guarantee or standard commercial warranty, whichever is greater, shall be provided on all materials. In the event of failure, the vendor agrees to repair or replace such units at no cost to the ESC, within ten (10) working days.

11. Term and Termination This Contract shall become effective on the date signed by the appropriate official of the ESC.

Notwithstanding the termination or expiration of this Contract, the provisions of this Contract regarding confidentiality, indemnification, transition, records, right to audit and independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of this Contract. ESC may, in its sole discretion, terminate this Contract upon thirty (30) days’ written notice to Contractor. Such notice may be provided by facsimile or certified mail return receipt requested and is effective upon Contractor’s receipt. In the event of such termination, the Respondent shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. The ESC and/or other Customers shall be liable only for payments for any goods or services ordered from the Respondent before the termination date.

12. Rights to Invention 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.

13. 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).

14. Energy Policy and Conservation Act Respondent certifies it is in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

15. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid with CFR 202 for an award exceeding

$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in

13 | P a g e Region 7 Education Service Center RFP 07-11302023-2 Play & Shade Structures connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. The Respondent represents and warrants that ordering entities’ payments to the Contractor and Contractor’s receipt of appropriated or other funds under any of this or any resulting agreement are not prohibited by Government Code §556.005 or §556.008.

16. Recovered Materials 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 guidelines. 2 CFR § 200.323; 40 CFR §247

17. Prohibition of Certain Telecommunications and Video Surveillance Services and or Equipment In accordance with Public

Law 115-232, Section 889(f)(1) The ESC is prohibited from using federal funds to procure, obtain or enter contracts for certain telecommunication and video surveillance services or equipment. Vendor certifies that it does not use any covered telecommunication equipment or services per FAR 52.204-25. If it is discovered the Vendor does use prohibited telecommunications equipment, the Vendor must follow the reporting requirements. The ESC reserves the right to terminate any contract any contract in whole or, from time to time, in part if the ESC determines that a termination is in the

ESC’s best interest. 2 CFR § 200.216

18. Termination for Convenience Pursuant to 48 CFR 52.249.2 when federal funds are expended by ESC, ESC reserves the right to immediately terminate any Agreement in excess of $10,000 in the event of a breach or default of the Agreement by

Vendor, in the event vendor fails performance of work under any contract in whole or, from time to time, in part if the ESC determines that a termination is in the ESC’s best interest. The ESC may terminate any resulting contract for convenience by providing (1) a statement that the contract is being terminated for the convenience of ESC, (2) the effective date of termination, (3) the extent of termination, (4) any special instructions, and (5) the steps the contractor is to take to minimize the impact on personnel. Upon any notification of termination for convenience, the contractor is to (1) stop work immediately on the terminated portion of the contract, (2) terminate all subcontracts related to the terminated portion of the prime contract, (3) advise the ESC of any special circumstances precluding stoppage of work, (4) perform the continued portion of the contract if the termination is partial, (5) take any action necessary to protect property in the contractor’s possession in which the ESC has an interest, (6) notify the ESC of any legal proceedings growing out of any subcontract, (7) settle any subcontractor claims arising out of the termination, and (8) dispose of termination inventory as directed by ESC.

FAR 52.249-5

19. Termination for Cause/Default If Contractor is found to be in default under any provision of this contract, the ESC may cancel the contract without notice and either re-solicit or award the contract to the next best responsive and responsible

Respondent. In the event of abandonment or default, Contractor will be responsible for paying damages to Region 7 ESC including, but not limited to, re-procurement costs, and any consequential damages to the ESC resulting from contractor’s non-performance. The defaulting contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work unless the specification or scope of work is significantly changed. The ESC expressly does not waive any rights, remedies, privileges, or immunities available to it as an agency of the State of Texas or otherwise available to it under the referenced contract and under applicable law among other things, the ESC reserves the right to refer this matter to the Office of the Attorney General of the State of Texas for handling.

20. Termination for Non-Appropriations The award contract is subject to the appropriation of funds each fiscal year by Region

7 ESC. The ESC cannot guarantee purchases obligated with federal awards. Pursuant to 2 CFR 200.339-346, the funding grant may be suspended or terminated. In the event of a termination, the Respondent will be paid for services rendered and the contract terminated effective upon notice of termination.

21. No Liability Upon Termination If this Contract is terminated for any reason, ESC and the State of Texas shall not be liable to

Contractor for any damages, claims, losses, or any other amounts arising from or related to any such termination. The ESC and Customers shall retain ownership of all associated work products and documentation obtained from the Respondent under the Contract. However, Contractor may be entitled to the remedies provided in Government Code, Chapter 2260.

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22. Right to Audit Contractor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under this Contract funds were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the ESC, the Comptroller of the State of Texas, and the State Auditor.

Contractor shall maintain all such documents and other records relating to this Contract and the State’s property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Contractor shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the goods or services as defined in this Contract. Contractor and the subcontractors shall provide the ESC and/or State Auditor with any information that the ESC and/or the State Auditor deems relevant to any investigation or audit. Contractor must retain all work and other supporting documents pertaining to this Contract, for purposes of inspecting, monitoring, auditing, or evaluating by ESC and any authorized agency of the State of Texas, including an investigation or audit by the State Auditor. Contractor shall cooperate with any authorized agents of the ESC and/or State of Texas and shall provide them with prompt access to all of such ESC’s work-related information as requested. Contractor’s failure to comply with this Section shall constitute a material breach of this Contract and shall authorize the ESC and/or the State of Texas to immediately assess appropriate damages for such failure. Pursuant to

Government Code, §2262.003 the acceptance of funds by Contractor or any other entity or person directly under this

Contract, or indirectly through a subcontract under this Contract, shall constitute acceptance of the authority of the ESC and/or the State Auditor to conduct an audit or investigation in connection with those funds. Contractor acknowledges and understands that the acceptance of funds under this Contract shall constitute consent to an audit by the ESC and/or the

State Auditor, Comptroller, or other agency of the State of Texas. Contractor shall ensure that this paragraph concerning the

ESC’s and/or the State’s authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate in any such audit is included in any subcontract it awards.

23. No Conflicts of Interest Contractor represents and warrants that the provision of goods and services or other performance will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Award contracts valued above $1 million ($1,000,000.00) or require ESC or cooperative member Board approval, as applicable, a

Certificate of Interested Parties must be completed through the Texas Ethics Commission. The ESC will not be responsible for a cooperative members’ obligation to comply with this standard. The ESC has no formal tracking options of contracts once award is released. TGC §§ 2252.908, 2254.032, 2261.252(b)

24. Conflict of Interest Dealings with Public Servants Affirmation: Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response. TGC §§ 572.051(a)(1), 2155.003; 34 TAC § 20.157; 31

U.S.C. 503; 2 CFR § 200.112; 2 CFR § 200.318(c)(1)

25. E-Verify Program Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of

Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant the contract within the United States of America. The Contractor shall provide, upon request of the

ESC, an electronic or hardcopy screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the Contractor, and Contractor’s subcontractors, as proof that this provision is being followed. If it is determined that

Contractor has violated the certifications set forth in this Section, then (1) Contractor shall be in breach of contract, (2) ESC shall have the option to terminate the contract for cause without prior notice, and (3) in addition to any other rights or remedies available to ESC under the contract, Respondent shall be responsible for all costs incurred by ESC to obtain substitute services to replace the terminated contract. Executive Order RP-80: Federal E-Verify System

26. Human Trafficking Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. TGC § 2155.0061

27. Prior Employment In accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Respondent certifies that it does not employ an individual who has been employed by Region 7 or another agency at any time during the two years preceding the submission of the Response or, in the alternative, Respondent has disclosed in its

Response the following: (i) the nature of the previous employment with Region 7 ESC or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

TGC §2254.033

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28. Small Business Region 7 ESC requests that small and minority owned businesses, women’s business enterprises, and labor surplus area firms submit their documentation at time of response. This is basically accomplished using the Texas Certified

Historically Underutilized Business (HUB) list. 2 CFR §200.321

29. Buy American Act The ESC may apply domestic preference on products produced and/or manufactured in the United

States. In compliance with the “Buy American” provision, products substantially produced in the United States will be accepted. Substantially produced is defined as being greater than 51% of the final processed product consists of agricultural commodities that were grown domestically. As required by the Buy American provision, all agricultural and food products must be of domestic origin as required by 7 CFR Part 210.21(d). Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception may be approved upon request. To be considered for the alternative or exception, the request must be submitted in writing to a designated official, a minimum of 5 day(s) in advance of delivery.

30. Buy America Contractor must comply with 49 USC 5323(j)(1) Buy America, and the applicable regulations in 49 CFR part

661. Transit projects using products comprised of steel, iron, and manufactured goods must contain more than 70% United

States manufactured components.

31. Buy Texas Except for purchases involving the use of federal funds, in accordance with Government Code, Section

2155.4441, the State of Texas requires that during the performance of a contract for services, Contractor shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state.

32. Boycott Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Gov’t Code.

33. Prohibition Pursuant to Section 2271.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification in its response.

34. Felony Conviction Texas Education Code Section 44.034, Notification of Criminal History, Subsection (a), states, “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony.