ESBD_File_348732_019-24 Bid Invitation.pdf

019-24

FRESH-BAKED PIZZA

Issue Date: 2/1/2024

Questions Deadline: 2/21/2024 02:00 PM (CT)

Response Deadline: 3/7/2024 02:00 PM (CT)

Contact Information

Contact: SHAWNA LYLES FEDERAL PROCUREMENT COORDINATOR Address: Purchasing

3126 Carson Street Haltom City, TX 76117

Email: SHAWNA.LYLES@BIRDVILLESCHOOLS.NET

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 1 of 25 pages

Event Information

Number: 019-24 Title: FRESH-BAKED PIZZA Type: Request for Competitive Sealed Proposals Issue Date: 2/1/2024 Question Deadline: 2/21/2024 02:00 PM (CT) Response Deadline: 3/7/2024 02:00 PM (CT) Notes: PURPOSE

In order to be in compliance with federal, state and local purchasing laws, the Birdville Independent School District (BISD) is soliciting competitive sealed proposals for 019-24 FRESH-BAKED PIZZA. This contract is for bi-weekly on-site delivery of food service products to Haltom High School, Richland High School and Birdville High School. All purchases will be made on a Birdville ISD Purchase Order . Based on the 019-17 Fresh-Baked Pizza Proposal and Consumer Price Index Inflation Rate since 2017 of 24.31% cumulative price increase, the total estimated contract on an annual basis $34,000.

CONTRACT TERM AND RENEWALS

This proposal shall be effective from April 1, 2024 through March 31, 2025. The District and Proposer may, upon mutual consent, extend the contract for three (3) additional one-year periods (not to exceed a total of 4 years) upon mutual agreement between the Proposer and the District. The rates can be adjusted upward or downward based on the price change specifications on the anniversary date if agreeable to the district. If agreement cannot be reached, the contract is terminated at the end of the current contract period.

PROPOSAL SUBMISSION

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

Billing Information

Address: Accounts Payable PO Box 14689 Haltom City, TX 76117

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

Bid Attachments

2023-2024 Instructional Calendar Final.pdf View Online

2023-2024 Birdville ISD Instructional Calendar

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 2 of 25 pages https://birdvilleschools.ionwave.net//VendorLanding.aspx?eq=t_s!H)G5)T$O54y$J(Cs1$T68)Ok$J_x(Tk(V3d$Su4r8$Bnjqrz(Vft)Kr!U-nmsm5702n6!K!Z(S!Jk52m$Uh8h!T3oh5(U!Jyob$R$Shz(Y)N$O-eq)Vb-y84(Z6t$Y8t)M)E)Iqyg-b)K)W3gd)D(Sh0g https://birdvilleschools.ionwave.net//VendorLanding.aspx?eq=!Ud2)Y0)O6$Yb$Pzwguy(W13uidwc$Y)D$Uw(B(L$Syctsvp$Y(Dx9bsc)Aoeyr!Bb1!L!Af(Cu!Mluv$Gx!Pn3og4(Ou!Qd$Hm$Dpb(L)C$If)Gyi(W$Z0rg)J_c)L)D5)Balq)B1ty)M8(J8!Ln)Kk0!Pskmwg

April 2023 - STANDARD__TERMS_AND_CONDITIONS FINAL.pdf View Online

BISD Standard Terms & Conditions

Campus List 2023-2024.pdf View Online

2023-2024 BISD Campus List

CIQ2021.pdf View Online

Blank Conflict of Interest Questionnaire

W9.pdf View Online

Blank W-9

Requested Attachments

Current W-9, signed and completed (Attachment required)

A blank W-9 can be found on the attachments tab, if needed.

Conflict of Interest Questionnaire, completed and signed (Attachment required)

A blank CIQ can be found on the attachments tab, if needed.

Product Formulation Statement (Attachment required)

Please attach a completed Product Formulation Statement.

Proposed Schedule of Deliveries, if alternate

Bid Attributes

1 Introduction

There are 78 Attributes/Sections (including this one) associated with this solicitation. Some are notes and do not require a response, but most require a response. ***Please select each page on the right-hand side of the blue bar below (at the bottom of this list of attributes) in order to view the next page of Attributes.***

2 District Background Information

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

Birdville ISD is the fifth-largest school district in northeast Tarrant County, with more than 24,300 students. The District’s 31 campuses serve the community of Richland Hills and portions of Haltom City, Hurst, North Richland Hills, Watauga, Colleyville and Fort Worth.

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

3 Must Attach

Make sure to upload all required documents and forms to the "Response Attachments" tab.

To attach documents to your response, after you have completed each one and saved them to your computer, select the option "RESPONSE ATTACHMENTS". Then, click "New" (blue letters, top left). Then, "Select File", and choose the document you need to attach. Enter a "Description" and then select "Save". Finally, select "Download" to verify that you have attached the correct file.

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 3 of 25 pages https://birdvilleschools.ionwave.net//VendorLanding.aspx?eq=!Ud2)Y0)O6$Yb$Pzwguy(W13uidwc$Y)D$Uw(B(L$Syctsvp$Y(Dx9bsc)Aoeyr!Bb1!L!Af(Cu!Mluv$Gx!Pn3og4(Ou!Qd$Hm$Dpb(L)C$If)Gyi(W$Z0rg)J_c)L)D5)Balq)B1ty)M8(J8!Ln)Kk0!Pskmwg https://birdvilleschools.ionwave.net//VendorLanding.aspx?eq=3w!Cbj)N)N03$Qwm4$Hmd(Pq26$S)Nm$Nr8(Yyc(Xb$C$Q6v(F)Q4!S!Ns_d!W(J!R$Q!Qe(V!Gp$R$Gi42m(P3lwz)C$Yd)Kn(R4$W3r)A)S)J3q)I3a)X)R5v(P!H)Lqg!X)T)A0)B(N)X5ubo)Net(Wppe4!M$Ho9(S!Zgp!Q https://birdvilleschools.ionwave.net//VendorLanding.aspx?eq=!N8)V)Jc$We$Dz(E$Si)Rv$Zd(Ra(Mvrt$Zv$Eu(Iy)Pq7ish25!Wvikq!D!U(B!E2$Xxv!V(Ay!Fk$Fj$Sc(X2)Rr8h$N)R(W$G)E4dmbpsc)Qza)We3u)Uk)Ncq)Qugqkub0(C!J)C0!B)V)D)S4k(I)Pw7n1q)C(D0!Z$A https://birdvilleschools.ionwave.net//VendorLanding.aspx?eq=)U)K7j$Z(Q$Yxae$J8af(M2!L0$D!Fcv047x)L!Eg!S1$P!M)Ixm-!T!Snwu(Cskqm!Ke2!F9(J$Kc$Bd$Yu(V!D1mj)Yu)I2o)D!Hu5!C$W!Ctb!Nbprs(G!X(W$Xve(D_jgfm!Uol(U!Hs$Er(T!Zm$K$R(Q)Z2)P(Sawbr(Q

4 Inquiries and/or Clarifications

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

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

5 Successful Solicitation Response Submittal

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

6 Delivery Time/Specific Instructions

Deliveries will be bi-weekly and will be accepted no earlier than 30 minutes prior to the first lunch period. Lunch times vary per campus between 11:00 AM through 1:03 PM. If arrival is after this time, the school manager has the right to refuse acceptance of the product. School managers must be notified at least one hour in advance of non-delivery. If this schedule is not feasible, BISD will consider alternate delivery schedules proposed. Please include an alternate delivery schedule with proposal submission, if applicable.

All deliveries shall be made to the school campus indicated in the "ship to" area of each purchase order unless otherwise noted. All items shall be delivered inside the kitchen area. The pizza must be packaged so that the product may be kept at proper temperature until served. Pizza must arrive at temperature of 140 degrees or higher. Pizza must arrive cut in evenly proportioned slices.

I agree (Required: Check if applicable)

7 Product Formulation Statement

Each proposer must submit a Product Formulation Statement as an attachment in order for the bid response to be considered for award.

I agree.

(Required: Check if applicable)

8 Pizza Specifications

Vendors responding to this RFCSP must be able to meet the listed standards/specifications for National School Lunch program to be awarded. The pizza is to be resold during lunch by the Child Nutrition Services Department and will need to meet the National School Lunch Program for a reimbursable meal entree.

A single slice of pizza must meet the following guidelines:

≤ 440 calories ≤ 600 mg sodium ≤ 35% of calories from fat < 20% calories from saturated fat 0 trans fat ≤ 35% of weight from total sugars 16 grams of whole grains per slice Each slice must count as 2 grains and 2 proteins

Do you agree to abide by these specifications?

YES NO

(Required: Check only one)

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 4 of 25 pages

9 Selection Criteria

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

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

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

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

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

SOLICITATION, WILL BE CONSIDERED AS AN EVALUTION FACTOR

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

EVALUATION FACTORS

PERCE

NTAGE

OF

POINTS

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

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

20%

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

1%

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

23%

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

F. The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; “Federal Requirements for Procurement and Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.”

1%

I agree (Required: Check if applicable)

SECTION 1.0 - PROPOSAL REQUIREMENTS

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 5 of 25 pages

Contract Administrator

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

Shawna Lyles Federal Procurement Coordinator 3126 Carson Street Haltom City, TX 76117

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

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

Authorized Signature

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

I Agree (Required: Check if applicable)

Authorized Representative Name and Title

Name and title of authorized official signing this document.

(Required: Maximum 1000 characters allowed)

Birdville ISD Standard Terms and Conditions

BISD standard terms and conditions are listed in an attachment. Please check if you agree to BISD standard terms and conditions. ~~~This is your electronic signature.

I Agree (Required: Check if applicable)

Birdville ISD Terms, Conditions and Specifications

The special terms, conditions, and specifications are listed in an attachment. I agree to the specific terms, conditions, and specifications of this solicitation. ~~~This is your electronic signature.

I Agree (Required: Check if applicable)

Deviations

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

Yes No

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 6 of 25 pages

Deviation Response

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

(Optional: Maximum 4000 characters allowed)

Non-Collusive Certificate

NON-COLLUSIVE CERTIFICATE- By submission of this solicitation response, the vendor certifies that: a) This solicitation response has been independently arrived at without collusion with any other vendor/proposer or with any competitor. b) This solicitation response has not been knowingly disclosed and will not knowingly be disclosed, prior to the opening of this solicitation, to any other proposer, competitor or potential competitor; c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a response;

d) The person signing this solicitation response certifies that he/she has fully informed him/herself regarding the accuracy of the statements contained in this certification under the penalties being applicable to the proposer as well as to the person signing on its behalf. Firm hereby assigns to purchaser any and all claims for overcharges associated with this solicitation which arise under the antitrust laws of the United States, 15 USCA Section 1 and which arise under the antitrust laws of the State of Texas, Business and Commerce Code, Section 15.01. FAILURE TO SIGN THIS CERTIFICATE MAY BE CAUSE FOR YOUR RESPONSE SUBMISSION TO BE REJECTED. Please check if you agree to the Non-Collusive Bidding statements above. ~~~This is your electronic signature.

I Agree (Required: Check if applicable)

Felony Conviction

Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states, "a person or business entity that enters into a contract with a school district must give advance notice to the District if the person or owner or operator of the business entity has been convicted of a felony." The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states, "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction." The district must compensate the person or business entity for services performed before the termination of the contract. Vendor is responsible for the performance of the persons, employees and/or sub-contractors. Vendor assigns to provide services for the Birdville ISD pursuant to this proposal on any and all Birdville ISD campus or facilities. Vendor will not assign individuals to provide services at a Birdville ISD campus or facility who have a history of violent, unacceptable, or grossly negligent behavior or who have a felony conviction, without the prior written consent of the Birdville ISD Purchasing Department.

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

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

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

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

My firm is a publicly held corporation N/A No Yes

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 7 of 25 pages

Felony Conviction Details

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

(Required: Maximum 4000 characters allowed)

Conflict of Interest

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

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

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

Certificate of Interested Parties (CIP Form 1295)

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

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

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

Resident Bidder's Certification

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

Yes No

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 8 of 25 pages

Non-Resident Bidder's Certification

Nonresident Bidder of Texas as defined in Texas Government Code Section 2252.001(3) ~~~If your firm is not a Resident Bidder of Texas as defined in Texas Government Code Section 2252.001(4), indicate your firm's principal place of business City and State. If not applicable, please enter N/A (not applicable).

Place of Business

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

~~~IS YOUR PARENT COMPANY OR MAJOR OWNER A TEXAS BASED BUSINESS?

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

# of Employees

~~~IF YOU ARE NOT A TEXAS BASED BUSINESS, DO YOU HAVE MORE THAN 500 EMPLOYEES IN TEXAS?

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

Certificate Regarding Debarment Suspension

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

I Agree (Required: Check if applicable)

Equal Employment Opportunity

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

I Agree (Required: Check if applicable)

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 9 of 25 pages

Public Records Notification

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

A. Vendor must:

ꞏ Preserve all contracting information related to the Agreement as provided by the records retention requirements applicable to district for the duration of the Agreement;

ꞏ Promptly, within four business days, provide to district any requested contracting information that is in the custody or possession of vendor upon request of district ; and, B. On completion of the Agreement, either:

ꞏ Provide to district at no cost all contracting information related to the Agreement that is in the custody or possession of vendor ; or

ꞏ Preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to district .

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

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

E. If a vendor fails to provide the requested information to district , Texas Government Code Ann. Chapter 552.373 requires district to notify the vendor in writing of the failure and allow 10 business days to cure the violation.

District may terminate the Agreement if vendor fails to remedy the failure, district determines the failure was knowing and intentional, and steps have not been taken to ensure future compliance.

I acknowledge and agree. ~~~This is your electronic signature.

I Agree (Required: Check if applicable)

Confidential Information Attached

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

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 10 of 25 pages

Buy American Provision

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

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

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

I Agree (Required: Check if applicable)

HACCP

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

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

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

Criminal History Checks and Badging Requirements

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

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

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

SB 9 Certification for Criminal Background Check Requirement

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

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

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

A 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 property. The use of tobacco products are not allowed on school district property. ~~~This is your electronic signature.

I acknowledge and will comply

Deadline: 3/7/2024 02:00 PM (CT) 019-24Page 11 of 25 pages

Historically Underutilized Business (HUB Certification)

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

Yes, I am certified as a HUB No, I am not certified as a HUB (Required: Check only one)

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

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

Yes No (Required: Check only one)

SECTION 2.0 - FEDERAL REGULATIONS FOR CONTRACTS

Required Federal Contract Provisions of Federal Regulations for Contracts

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

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

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

CFR PART 200

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

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Federal - (A)

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

Notice: Pursuant to Federal Rule (A) above, when federal funds are expended by BISD, BISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Failure to agree will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (B)

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

Notice: Pursuant to Federal Rule (B) above, when federal funds are expended by BISD, BISD reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. BISD reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of eth BISD. Any award under this procurement process is not exclusive and the District reserves the right to purchase goods and services from other vendors when it is in the best interest of the District. Failure to agree will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (C)

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

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

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

I Agree

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Federal - (D)

(D) Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended – Contracts and sub grants of amounts in excess of $150,000 require the vendor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Notice: Pursuant to Federal Rule (D) above, when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting from this procurement process the vendor agrees to the terms listed and referenced therein. Failure to agree will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (E)

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

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

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

I Agree (Required: Check if applicable)

Federal - (F)

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

Notice: Pursuant to Federal Rule (F) above, when federal funds are expended by BISD, BISD requires that the proposer certify that during the term and after the awarded term of an award by the BISD resulting for this procurement process the vendor certifies to the terms included or referenced therein. Failure to certify will render your proposal non-responsive and will not be considered for award.

I Agree

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Federal - (G)

(G) Federal Rule Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (42 U.S.C. 7401- 7671q.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

(Contracts, subcontracts, and sub grants of amounts in excess of $150,000).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Notice: Pursuant to Federal Rule (G) above, when federal funds are expended by BISD, BISD requires that the proposer certify that in performance of the contracts, subcontracts, and sub grants of amounts in excess of $150,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (42 U.S.C. 7401-7671q.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Failure to certify will render your proposal non-responsive and will not be considered for award.

I Agree (Required: Check if applicable)

Federal - (H)

(H) Federal Rule 2 CFR 200.333 Retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed.

Notice: Pursuant to Federal Rule (H) above, when federal funds are expended by BISD, BISD requires that the proposer certify that the awarded vendor will retain all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed. Failure to agree will render your proposal non-responsive and will not be considered.

I Agree (Required: Check if applicable)

Federal - (I)

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

Notice: Pursuant to Federal Rule (I) above, when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Failure to certify will render your proposal non-responsive and will not be considered.

I Agree

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Federal - (J)

(J) Solid Waste Disposal Act - 2 CFR Ch. II (1-1-15 Edition) 200.322 Procurement of recovered materials.

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

Notice: Pursuant to Federal Rule (J) above, a non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. If you do not answer yes, the District is prohibited from contracting with the proposer.

Yes No (Required: Check only one)

Federal - (K)

(K) Discrimination - Does your company comply with Title VI of the Education Amendments of 1972;

Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement Nutrition Programs and Activities as they apply to this contract?

Notice: Pursuant to Federal Rule (K), when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to Title VI of the Education Amendments of 1972;

Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement Nutrition Programs and Activities. If you do not answer yes, the District is prohibited from contracting with the proposer.

Yes No (Required: Check only one)

Federal - (L)

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

Notice: Pursuant to Federal Rule (L), when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to 41 CFR, Chapter 60. Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). If you do not answer yes, the District is prohibited from contracting with the proposer.

Yes No

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Federal - (M)

(M) Health and Safety Certifications, Licensing, or Regulations – Does your company comply with all Local, state, or federal health and safety certifications, licensing, or regulations as they apply to this contract?

Notice: Pursuant to Federal Rule (M), when federal funds are expended by BISD, BISD requires proposer to certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to observance of applicable local, state, or federal health and safety certifications, licensing, or regulations which include, but are not limited, to facility use, food establishment, and authorized providers. If you do not answer yes, the District is prohibited from contracting with the proposer.

Yes No (Required: Check only one)

Federal - (N)

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

Notice: Pursuant to Federal Rule (N), when federal funds are expended by BISD, BISD requires that the proposer certify that during the term of an award by the BISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to observance of applicable pertaining to patent rights, copyright and rights in data. (37 CFR 401.2). If you do not answer yes, the District is prohibited from contracting with the proposer.

Yes No

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Federal - (O)

(O) Federal Requirements for Procurement and Contracting with small and minority businesses, womens business enterprises, and labor surplus area firms.

Notice: Pursuant to (O), 2 CFR 200.321 Contracting with small and minority businesses, womens business enterprises, and labor surplus area firms.

a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, womens business enterprises, and labor surplus area firms are used when possible.

b) Affirmative steps must include:

i) Placing qualified small and minority businesses and womens business enterprises on solicitation lists;

ii) Assuring that small and minority businesses and womens business enterprises are solicited whenever they are potential sources;

iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and womens business enterprises;

iv) Establishing delivery schedules, where the requirements permits, which encourage participation by small and minority businesses, and womens business enterprises;

v) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of Department of Commerce; and

vi) Requiring the prime contractor, if subcontracts are let, to make affirmative steps listed in paragraphs (1) through (5) of this section.

Will you be subcontracting any of your work under this award if you are successful?

Yes No (Required: Check only one)

Federal - (O Part 2)

If yes to Federal - (O), do you agree to comply with the…