ESBD_File_352095_1 2024-1028 Bid Invitation.pdf

2024-1028

Integrated Pest Management and Pest Control Services

Issue Date: 2/23/2024

Questions Deadline: 3/1/2024 10:00 AM (CT)

Response Deadline: 3/6/2024 03:00 PM (CT)

Contact Information

Contact: Liz Montes, Senior Buyer Address: Purchasing Services

Administration Office 2000 N 23rd St McAllen, TX 78501-6126

Phone: (956) 657-4485 Fax: (956) 657-4481 Email: emontes@mcallenisd.net

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 1 of 51 pages

Event Information

Number: 2024-1028 Title: Integrated Pest Management and Pest Control Services Type: Request for Proposal Issue Date: 2/23/2024 Question Deadline: 3/1/2024 10:00 AM (CT) Response Deadline: 3/6/2024 03:00 PM (CT) Notes: McAllen Independent School District (the “District”) invites your submittal on the above referenced project.

Interested respondents may obtain details through IonWave. The District prefers and encourages respondents to submit their proposals electronically, through IonWave.

Submittals received after this deadline will be void and unacceptable. Facsimile transmittals and/or emailed submittals will not be accepted.

Any questions regarding this solicitation must be submitted through the “Questions” option located on the Ionwave website, no later than the date and time specified on the solicitation. Questions/clarifications regarding this solicitation will not be answered by phone nor email.

COMMUNICATION WITH DISTRICT PERSONNEL

Proposer submitting a proposal shall not discuss this RFP with employees of District or members of the Board of Trustees. Communication includes, but is not limited to, unsolicited literature, email, faxes, or phone calls related to any aspect of this RFP. If discussion is necessary, you will be notified in writing. Failure to abide by this requirement will result in automatic disqualification at the discretion of the District. All questions must be posted on the Questions tab.

Ship To Information

Contact: Ruben Treviño, Executive Director for Facilities, Address: Facilities, Maintenance, & Operations Building A 4309 Warrior Ave. (Behind Nikki Rowe High School) McAllen, TX 78501

Phone: (956) 632-3200 Email: ruben.trevino@mcallenisd.net

Billing Information

Contact: Dyanira Diaz, Director Address: Accounting

2000 N. 23rd Street McAllen, TX 78501

Phone: (956) 632-8403 Email: Dyanira.farias@mcallenisd.net

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 2 of 51 pages

Bid Activities

Pre Proposal Conference 2/28/2024 2:00:00 PM (CT)

A pre proposal conference will be held at the time and locations indicated below. District representatives will be available to answer any questions relating to this Request for Proposal.

Pre-Proposal Conference: 2/28/2024 2:00 PM Location: Administration Building - Dr. Ricardo Chapa Board Room

2000 N. 23rd Street, McAllen, TX 78501

Bid Attachments

General Terms and Conditions RFP.pdf View Online

General Terms and Conditions RFP

2024-1028 Specifications and Scope of Work.pdf View Online

2024-1028 Specifications and Scope of Work

IRS FORM W-9 Revised Oct 2018 (Fillable Form).pdf View Online

W-9 Form

CIQ FORM FILLABLE R1.1.2021.pdf View Online

Conflict of Interest Questionnaire (CIQ) form

Reference Form FILLABLE.pdf View Online

Reference Form FILLABLE

Service Template Vendor - Solicitation FEDERAL 11.28.23.doc View Online

Service Template Vendor - Solicitation FEDERAL 11.28.23

Attachment A Criteria Weights.pdf View Online

Attachment A Criteria Weights

Attachment B Facilities.Sites.pdf View Online

Attachment B Facilities.Sites

Attachment C Work Order.pdf View Online

Attachment C Work Order

Attachment D Pesticide Applicator Record Requirements.pdf View Online

Attachment D Pesticide Applicator Record Requirements

Requested Attachments

Completed W9 Form (Attachment required)

Please upload your completed W9 form.

Proof of Insurance (Acord Certificate of Insurance Form) (Attachment required)

Please upload your certificate of insurance in Acord form.

Completed Conflict of Interest Questionnaire.

(Attachment required)

Please upload your completed CIQ. Note: If no conflict, please indicate "N/A" on the form.

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 3 of 51 pages https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=ygo)Oa!A1h!E8$D(Zha$Tm(B(P00)L1)N2$Ik7!K3!Wf$T-mpb3$Qkkn)E(Zvx$W!Xsg!Fu(U00e9o)Mrd(N!Rs(V5k)Wh$L5)Czp-md3$E$O$I4mn(Rl-7br(Zgy_k_!K6$Opvv0cs8)Q(Gb!Re)Od!K!H)V(U!Iw https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=4)Bzh!Yi!J-i$I3(Uo$Fx(Lje8(Gffl)Mi)N0$Nat-!G!C$A$Lz3x04_)Z(H$T!F5!A1(Sm5)Ew(Bp!Nrxi(E)I3vv2w$I8jgu1c)O$Xj$U$Ua(A(Lxa!Pch$Y)K_d(L!Tx)Fg!T!K)Ww(Zhc!Z8!R)Q0!Qn3(Wnu$Mf)W$Og https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=h)Wr!Nzm!Sz$D(Y$W(I(X)Tomk)Gueefce3$M2!L!Y$S$L9dlx)F5(H$Z!Sg!K(T3)Zp(Qj!Q1dw(T)Pt$S)Q$B1f$As$Uhir(Vulli(A-5v!B$Rd)Y(C!W)T1o5!Xo!Ygka)Rk1sn(A!P!Eac)I9o1g1b!Qx3(Vo4-08$A https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=)O!I3!Xb$H(M$Sseqyy(Hj(X3k)E)Z$V!Cc!Ln$Ati$S7zqcb6)I_(V$C!Z!H(Jo)H(Vf8k_!Oasg-(B)Ct$N)Z$G$M1$Hq(E(A9h!M$V)Ynm22a(Xx!H)F!Jpbf!Po9)Jwy(F4l!C!T)J!M1(Ykln$Y6ay)N$Fhk7)W)U!F7!Flw https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=)Nj!Up!Xlz$Ar(M$V(Ww(T_169)M)N-xx$C!L!C$X$Zjli)S-m(Q$P!L!Vv(Cws)I7(A!Fopl3(F-i)Z7$Je)L_$U4_$A$M3t(D(F!I$C4)P4s(I!Nv)H6!Rmucl!Ij178)F2(X!Lz!T5k0)J!Qb(Gl$Jy4)A$Thd)Voo-)M9dg https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=)G!I9!Rd5lpad$C(F$R(G4qm(P)Nrm)S9$Ki!Bgif!G$B$Z)A3(Pji$C_!Zn!E7d(Xte4_j-9a8)Nu(Pv!K(I)D$A)Vic$L0j$N1l$I(R(Z!U$R)I6(R_!T1set)Z!Q5!G9)I(L!B!I)R-hw4l!Rlx7(Rmp$Rjnpqb)S$Ybb)A https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=5o4)H!I!Xc-dlh$C8xeaog-(Y$Qi(Oe_t8(Sot)Mc)C$C!Npmz2lqnl!I$X$D)L4(Yh$K!T_m7y!Ql-(J)Os(M1a!Q(W)S$Vtf)Il8$C$Q1$Mbsr(Et-1(C!M$W)Zirt(S!G)Llf!C8d!G)Y(P!P!E)Shs!N(Hn$B7)T$Lkd)Q https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=)Nr!Zacn!Z$O(Es66$E(D(Zci)Z)Di$A!Ly64!Gb97q$Fjg3b$F)Tk(U$P!Lfyz!Pvmjdu(E)Xizsh(We2pme4!Nonl(Kz)Xfx$P)C1$Mfm$H$K290(Qn(F!A5$V4b)Kx(Xx5sc!M)Wi!W!Qk)D8(Dehx!M!N)A6k!V(Vw https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=)Aqby!Q!C$Rz(Zae$X(C(Fls-)It)N9khe$Hmc67ng!Z3!I$Jj$Kej)Hj2(Q$Ay!Bg!Vk(Kqf)Bc(O0!Ps(M5)S6$Mkc)O1$Nq$K$W(Ov_a(V4!R$P7)Ua(Q!Ron)B!D!L39a3)W(H01!Dw_1ke!Q)Rowg61!G(U$Mic)Dyw https://mcallenisd.ionwave.net//VendorLanding.aspx?eq=)J!Aqh!N$A(C$Ko(U(Nml)L)L$T!Va!Qb$Xu3tnrx$Y)V(N4$Qjyo!H!Cq(Q)Qqqck(Gzvi!Ca(Qw)B9$Yt6)So8h$Yrxu08p1$Mp$Zy(F(S155!Wdm$Bh)N(Y!B)W!Ur!Sk4)X_lwj(Hswc!T!Kfou)A63!C1(Tk$U)V-ag

Completed Form 1295 Form or Exemption Statement (Attachment required)

Please upload your completed 1295 Form. Form must be completed online:

http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm If not applicable to your company, please attach a statement indicating the reason.

HUB Certificate

Upload your HUB Certificate, if applicable.

Assumed Name Certificate/Fictitious Name Documentation/Disregarded Entity Documentation

Upload your Assumed Name Certificate/Fictitious Name Documentation/Disregarded Entity Documentation (if applicable).

License(s) (as Required by the Texas Pesticide Law) (Attachment required)

Upload License(s).

Sample (Invoice, Service Report Forms, Posting Notifications, Quality Control Checklists and any other report forms) (Attachment required)

Upload samples of an Invoice, Service Report Forms, Posting Notifications, Quality Control Checklists and any other report forms that will be utilized under this contract.

Bid Attributes

1 General Terms and Conditions

Please download and read the General Terms and Conditions for this solicitation. Acknowledge you have read, understand and accept the general terms and conditions.

**This is your electronic signature.

I have read, understand and accept.

(Required: Check if applicable)

2 Specifications and Scope of Work

Please download and read the Specifications and Scope of Work for this solicitation. Acknowledge you have read, understand and accept the specifications and scope of work.

I hereby acknowledge.

3 Deviations and Exceptions

If your company intends to deviate from the Specifications listed in the solicitation attached documents, all such deviations and exceptions must be listed here, with complete and detailed conditions and information included. The District reserves the right to accept or reject any proposals based upon any deviations indicated below. If none, enter N/A (Not Applicable).

(Required: Maximum 4000 characters allowed)

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 4 of 51 pages

4 Form 1295 - Certificate of Interested Parties

The Texas Government Code §2252.908, and the rules issued by the Texas Ethics Commission found in Title 1, Sections 46.1, 46.3 and 46.5 of the Texas Administrative Code, require a business entity to submit a completed Form 1295 before the District may enter into a contract with that business entity. Form 1295 must be submitted with your proposal and is required as condition of award. Form must be completed online.

Access form at:

http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm Complete the form Enter solicitation number and name Print and sign form Attach form on "Response Attachments" tab

If exempt, attach documentation.

I have read and understand.

(Required: Check if applicable)

5 Delinquent Taxpayers

In accordance with law, the District shall not enter into a contract or other transaction with a person indebted to the District, nor shall the District award a contract to or enter into a transaction with any proposer indebted to the District.

**This is your electronic signature.

I am NOT a delinquent taxpayer to McAllen ISD I AM a delinquent taxpayer to McAllen ISD (Required: Check only one)

6 Provide the business name as it is registered with the Texas Comptroller, or similar. *Note: the name must match IRS registration and W-9 form.

(Required: Maximum 1000 characters allowed)

7 Does your company have a business name on Line 2 of the W-9? If yes, attach an Assumed Name Certificate/Fictitious Name issued by the State/County (on the "Response Attachments" tab).

Yes (upload Assumed Name Certificate)

No (Required: Check all that apply)

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 5 of 51 pages

8 Felony Conviction Notification

Texas Education Agency 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. 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." This notice is not required of a publicly held corporation.

Select where applicable:

A. My company is a publicly held corporation; therefore, this reporting requirement is not applicable.

B. My company is not owned nor operated by anyone who has been convicted of a felony.

C. My company is owned and operated by an individual who has/have been convicted of a felony.

A. My company is a publicly held corporation. B. My company is not owned nor operated by a felon

C. My company is owned and operated by a felon.

(Required: Check only one)

9 Felony Conviction Details

If your firm is owned or operated by anyone who has been convicted of a felony, please list their names and the details of the conviction(s). If not applicable, please enter N/A (not applicable).

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 6 of 51 pages

Criminal History Record Information Review of Certain Contract Employees

Bidder agrees to comply with Section 22.0834. Criminal History Record Information Review of Certain Contract Employees, Texas Education Code if awarded a contract through this solicitation. The undersigned Bidder, if awarded a contract, shall obtain criminal history record information through the criminal history clearinghouse as provided by Section 411.0845, Government Code relating to an employee or applicant who has or will have continuing duties related to the contracted services; and the employee or applicant has or will have direct contact with students. The Bidder agrees to certify of the receipt of criminal history record information before or immediately after employing or securing the services of the employee or applicant that has or will have continuing duties related to the contracted services if the employee or applicant has or will have direct contact with students. The Bidder further agrees that if awarded a contract, shall assume all expenses associated with the criminal background check and shall immediately remove any employee or agent who was convicted of a felony or misdemeanor involving moral turpitude, as defined by Texas law, from District property or the location where students are present.

A. None of my employees and any of my subcontractors has or will have continuing duties related to the contracted services; and has or will have direct contact with students. I further certify that my company has taken precautions or imposed conditions to ensure that my employees and any subcontractor will not have continuing duties related to the contracted services; and will not have direct contact with students throughout the term of the Contract.

OR

B. Some or all of my employees and/or my subcontractors will have continuing duties related to the contracted services; and will have direct contact with students. I further certify that:

1. I have obtained all required criminal history record information regarding all of my employees and/or my subcontractors. None of my employees and/or my subcontractors has any conviction or other criminal history information if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. If available, attach a copy of your FAST Pass Receipt.

2. If I receive information that any of my employees and/or subcontractors subsequently has a reported criminal history, I will immediately remove the covered employee from contract duties and notify the District in writing immediately.

3. I will provide the District with the names and any other requested information regarding any of my employees and/or subcontractors so the District may obtain criminal history record information if awarded a contract.

4. If the District objects to the assignment of any of my employees and/or subcontractors, I agree to discontinue using the individual to provide services to the District.

**This is your electronic signature.

A. None - I hereby agree and certify. B. Some or All - I hereby agree and certify.

(Required: Check only one)

Confidential/Copyrighted Information

Contractor agrees, if a bid is, or parts of bid is confidential, the Contractor has specified by stamping in bold letters the term “CONFIDENTIAL” on all or the confidential part of the bid. The bid may be considered public information even though all or parts are marked confidential. Furthermore, Contractor agrees a copyrighted bid is unacceptable and will be disqualified as unresponsive.

**This is your electronic signature.

I have read and agree.

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 7 of 51 pages

Declaration of Business Location - Texas Education Code 44.031(b)(8)

Bidder certifies the Bidder’s or the Bidder’s ultimate parent company or majority owner:

A. Has its principal place of business in the State of Texas; OR B. Employs at least 500 persons in the State of Texas C. Principal place of business is not in the State of Texas.

A. Principal place of business is in TX B. Principal place employs 500+ in Texas

C. Principal place is NOT in Texas (Required: Check only one)

Declaration of Business Location - Texas Education Code 44.031(b)(8)

Specify principal place of business (City/State).

If not applicable, please enter N/A (not applicable).

***This is your electronic signature.

Prohibition on Contracts with Companies Boycotting Certain Energy Companies (SB 13)

If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies by submitting its proposal that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity’s constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.

I have read and hereby certify.

(Required: Check if applicable)

Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries

(SB 19)

If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies by submitting its proposal that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

**This is your electronic signature.

I have read and hereby certify.

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 8 of 51 pages

Entities That Boycott Israel

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required.

Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term ''boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an lsraeli-controlled territory, but does not include an action made for ordinary business purposes.

I agree and hereby certify.

(Required: Check if applicable)

TEXAS GOVERNMENT CODE Sec. 2252.152. CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS

WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED.

A governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153.

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

TEXAS GOVERNMENT CODE Sec. 2252.153. LISTED COMPANIES

Notwithstanding any other law, a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to contract prohibition under this subchapter. SECTION 2. Subchapter F, Chapter 2252, Government Code, as added by this Act, applies only to a contract or purchase for which a governmental entity first advertises or otherwise solicits bids, proposals, offers, or qualifications on or after the effective date of this Act. SECTION 3 This Act takes effect September 1, 2017.

Vendor hereby certifies that it is not a company identified on the Texas Comptroller's list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

Texas Historically Underutilized Businesses (HUB) – Texas Education Code 44.031(b)(6) or Small and Minority Firms, Women's Business Enterprises, & Labor Surplus Area Firms

Contractor certifies the Bidder’s company is HUB certified with the State of Texas.

[ ] I am an Active certified HUB vendor (attach HUB certificate) [ ] Small and Minority Firms, Women's Business Enterprises and Labor Surplus Area Firms [ ] I am neither

**This is your electronic signature.

I am an Active certified HUB vendor (attach cert)

Small & Minority, WBE, Labor Surplus Area Firms I am neither.

(Required: Check only one)

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 9 of 51 pages

Non-Collusion Statement

Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or business or legal entity.

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Certification of Compliance with 2 CFR § 200.327 for Federally Funded Purchases

Pursuant to 2 CFR § 200.327, all federally-funded contracts, including small purchases, awarded by McAllen Independent School District (“DISTRICT”) and the DISTRICT’S subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. Accordingly, in addition to other terms and conditions herein provided, the following provisions are incorporated into the Agreement, as applicable, and Contractor agrees to comply with these provisions.

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Contracts in Excess of $250,000

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.

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Contracts in Excess of $10,000

All contracts in excess of $10,000 must address termination for cause and for convenience including the manner by which it will be affected and the basis for settlement.

Pursuant to Federal Rule above, when the DISTRICT expends federal funds, the DISTRICT reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation.

DISTRICT also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if the DISTRICT believes, in its sole discretion that it is in the best interest of the DISTRICT to do so.

Vendor will be compensated for work performed and accepted and goods accepted by the DISTRICT as of the termination date if the contract is terminated for convenience of the DISTRICT. 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 DISTRICT’s best interest.

**This is your electronic signature.

I have read and hereby certify.

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 10 of 51 pages

Equal Employment Opportunity

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

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Equal Employment Statement

It is the policy of DISTRICT not to discriminate on the basis of race, color, national origin, sex, religion, age, (applies to individuals who are 40 years of age or older), disability, or genetic information in its programs. Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract.

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Davis-Bacon Act, as amended (40 U.S.C. 3141-3148)

When required by Federal program legislation, all prime construction contracts in excess of $2,000 must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

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

**This is you electronic signature.

I have read and hereby certify.

Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 11 of 51 pages

Contract Work Hours and Safety Standards Acts (40 U.S.C. 3701-3708)

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

**This is your electronic signature.

I have read and hereby certify.

(Required: Check if applicable)

Rights to Inventions Made Under a Contract or Agreement

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

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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 $250,000 must contain a provision that requires the award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

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Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 12 of 51 pages

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.

Pursuant to Federal Rule above, when federal funds are expended by the District, the vendor certifies that during the term of an award for all contracts by the District resulting from this procurement process, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas. Vendor shall immediately provide written notice to the District if at any time the vendor learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The District may rely upon a certification of a vendor that the vendor is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the District knows the certification is erroneous.

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Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

Contractors that apply or submit an offer 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 award.

Pursuant to Federal Rule above, when federal funds are expended by District, Vendor certifies that during the term and after the awarded term of an award for all contracts by District resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Vendor further certifies that:

1. No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the Bidder shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. The Vendor shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

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Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 13 of 51 pages

2 C.F.R. § 200.324 Contract Cost and Price

(a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. (b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under Subpart E—Cost Principles of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.

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

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2 C.F.R. § 200.323 Procurement of Recovered Materials

An 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.

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Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 14 of 51 pages

2 C.F.R. § 200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment

The District, as a non-federal entity, is prohibited from obligating or expending Federal financial assistance, to include loan or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system. Covered telecommunications equipment is telecommunications equipment produced Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and physical security surveillance of critical infrastructure and other national security purposes, and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes detailed in 2 CFR § 200.216 or any telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The vendor shal l cert i fy that they wi l l not purchase equipment, services, or systems that use covered telecommunications, as defined herein, as a substantial or essential component of any system, or as critical technology as part of any system.

(Required: Check if applicable)

Buy American Act

DISTRICT, to the greatest extent practicable, has a preference for domestic end goods, products, or materials for supplies acquired for use in the United States when spending federal funds (purchases that are made with non-federal funds or grants are excluded from the Buy American Act). The Vendor certifies that it is in compliance with the Buy America Act in that each end product purchased under any federally funded supply contract exceeding $2,500.00 is considered to have been substantially produced or manufactured in the United States. End products exempt from this requirement are those for which the cost would be unreasonable, products manufactured in the U.S. that are not of satisfactory quality, or products for which the agency head determines that domestic preference would be inconsistent with the public interest. The Vendor also certifies that documentation will be maintained that documents compliance with this requirement (FAR 25.1–25.2).

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Certification of Compliance with Buy American Provisions Applicable to Food Purchases made with School Nutrition Program funds

District participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A domestic commodity or product is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR 210.21(d).

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Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 15 of 51 pages

2 C.F.R § 200.321 Contracting with Small and Minority Businesses, Women's Business Enterprise, and Labor Surplus Area Firms

CFR 200.321 requires that (a) non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

5. Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce; and

6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs

(b)(1) through (5) of this section.

Administrator’s Reference Manual (“ARM”) Section 30 Records Retention Requirements:

When school nutrition program funds are expended by the District pursuant to this Contract, Vendor certifies that it will comply with the record retention requirements promulgated by (United States Department of Agriculture (“USDA”)/Texas Department of Agriculture (“TDA”). Vendor further certifies that Vendor will retain all records as required by USDA/TDA for a per iod of f ive (5) years af ter the end of the f iscal year to which the documentation/records pertain. Vendor further certifies that these records must be accessible to appropriate District and federal or state reviewers. See TDA ARMS Manual, 17.107.

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2 C.F.R. §200.337 Access to Records

Vendor agrees that the District’s Inspector General or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

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Copyright

All contracts paid from state or federal grants administered by the Texas Education Agency (“TEA”) must retain copyright for TEA and for the federal government (if a federally funded contract) unless otherwise negotiated in writing with TEA. Pursuant to the provisions in 2 C.F.R. 200.315, title to intangible property vests in the District as long as such property is used for authorized purposes. However, TEA and the federal awarding agency reserve a royalty-free, nonexclusive and irrevocable right to reproduce, public, or otherwise use the work for federal purposes, and to authorize others to do so.

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Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 16 of 51 pages

Certification of Compliance with the Energy Policy and Conservation Act

When District expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the 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 (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

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Professional Services Contracts Paid with Federal Funds

For all professional services contracts paid with federal funds, the contract contains the following provisions:

1. All services will be completed during the effective dates of the contract.

2. All services will be paid only upon receipt of a proper invoice that coincides with the contract upon verification that the services were satisfactorily performed in accordance with the description in the contract. For ongoing services, payment may be made at the end of every month upon receipt of the invoice. Contractors will not be paid in advance.

3. The invoice provided by the contractor will include the list of services provided, dates of services, and location(s) where services were provided during the billing period.

4. The District complies with the regulations pertaining to procurement in 2 C.F.R. § 200.318 - .323.

5. The District complies with the provisions in 2 C.F.R. § 200.459 pertaining to allowable professional service costs.

6. The contract will identify the funding source(s) that will be charged for the services provided, including the specific amount and/or percentage of the total contract amount to be charged to each funding source.

7. The contract will identify and list only reasonable, necessary, and allocable services to be provided in accordance with the funding sources that will be charged.

8. The administrative costs charged to the grant in the contract must be reasonable and must comply with any statutory limitations for administrative costs specified in the federal program funding source.

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Applicability to Subcontractors

Vendor agrees that all contracts it awards pursuant to the contract shall be bound by the foregoing terms and conditions.

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Deadline: 3/6/2024 03:00 PM (CT) 2024-1028Page 17 of 51 pages

Certification of Compliance with Other Federal Provisions

Vendor also represents and warrants compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, It is further acknowledged that Vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted below:

1. Americans with Disabilities Act, P. L. 101-336, 42 U.S.C. section 12101, and the regulations effectuating its provisions contained in 28 C.F.R. Parts 35 and 36, 29 C.F.R. Part 1630, and 47 C.F.R. Parts 0 and 64.

2. Title VI of the Civil Rights Act of 1964, as amended (prohibition of discrimination by race, color, or national origin), and the regulations effectuating its provisions contained in 34 C.F.R. Part 100.

3. Title IX of the Education Amendments of 1972, as amended (prohibition of sex discrimination in educational institutions), and the regulations effectuating its provisions contained in 34 C.F.R. Part 106, if the Vendor is an educational institution.

4. Section 504 of the Rehabilitation Act of 1973, as amended (nondiscrimination on basis of handicapping condition), and the regulations effectuating its provisions contained in 34 C.F.R. Part 104.

5. Age Discrimination Act of 1975, as amended (prohibition of discrimination on basis of age), and any regulations issued thereunder, including the provisions contained in 34 C.F.R. Part 110.

6. Family Educational Rights and Privacy Act (“FERPA”) of 1975, as amended (ensures access to educational records for students and parents while protecting the privacy of such records), and any regulations issued thereunder, including Privacy Rights of Parents and Students (34 C.F.R. Part 99), if the Vendor is an educational institution (20 U.S.C. 1232g).

7. Section 509 of H.R. 5233, as incorporated by reference in P. L. 99-500 and P. L. 99-591 (prohibition against the use of federal grant funds to influence legislation pending before Congress).

8. Pro-Children Act of 2001, which states that no person shall permit smoking within any indoor facility owned or…