Southeast Texas Purchasing Cooperative

Coordinated by

350 Pine Street, Suite 500 Beaumont, Texas 77701

(409) 951-1700 • Fax: (409) 951-1800 www.esc5.net

Educational Professionals Serving Educational Professionals

Request for Proposals (“RFP”) No. 20260803 for PEST CONTROL SUPPLIES AND/OR SERVICES to be available for use and/or used by Members of the Southeast Texas Purchasing Cooperative (“SETXPC” and/or the “Co-Op”) for the prospective contract term from November 1, 2026, to October 31, 2027.

Electronic/Online Submission Deadline:

1:00 PM ON MONDAY, AUGUST 31, 2026

via the Region 5 Education Service Center (“ESC”) Procurement Portal:

https://esc5.bonfirehub.com/portal/?tab=openOpportunities

Issued by:

Stacey Hughes

Region 5 Education Service Center Phone: 409-951-1766

Web address: https://www.esc5.net/276676_2 Email: shughes@esc5.net http://www.esc5.net/ https://www.esc5.net/276676_2 mailto:shughes@esc5.net

SETX Co-Op RFP # 20260803 PEST CONTROL SUPPLIES AND/OR SERVICES

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 2

TABLE OF CONTENTS

The sections below represent the required components of this RFP package. Respondents are asked to review the full RFP package to be sure that their submission includes all necessary and applicable sections. Should a Respondent believe any portion of the RFP package is missing from their submission, they must notify Taressa Pulido, Business Specialist, immediately by email at tpulido@esc5.net.

Sections Page

1.0 Information about SETXPC.…………………………………………………………………………………………

2.0 Notice of Intention

3.0 Instructions to Prospective Vendors

4.0 Scope & Specifications

5.0 Pricing & Delivery Information

6.0 Evaluation & Award of RFP

7.0 General Terms and Conditions

8.0 Vendor Packet

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 3

Section 1.0 – Information about the Southeast Texas Purchasing Cooperative

1.1 Background

The Southeast Texas Purchasing Cooperative (“SETXPC” and/or “Co-Op”) was founded for the purpose of procuring goods and/or services on behalf of its Members. SETXPC Members include over one hundred (100) Texas school districts and charter schools and other public, not-for-profit agencies and organizations.

1.2 Overview of the Co-Op’s Procurement Process

The Region 5 ESC coordinates the Co-Op’s competitive procurement process to solicit and award contracts in compliance with applicable procurement requirements outlined in federal and Texas laws, rules, and regulations, including but not limited to Chapter 44 of the Texas Education Code, Texas Local Government Code Chapter 252, and the U.S. Education Department General Administrative Regulations (“EDGAR”). The Co-op issues Request for Proposals (“RFPs”) for multiple categories of goods and/or services on an annual, or more frequent, basis.

Specific information about Co-op, the categories, and RFP dates may be found on the SETXPC’s website as follows: https://www.esc5.net/o/resc/page/setx-purchasing-co-op.

SETXPC’s request an invitation for proposals and specification documents are posted as required by law and on the Region 5 ESC website using the Euna Procurement Portal accessible at the following link:

https://esc5.bonfirehub.com/portal/?tab=openOpportunities. Vendors must use the Euna Procurement Portal to submit their proposals electronically by the designated deadline. The clock on the Euna Procurement Portal will be used to determine compliance with deadlines. Proposals received after the deadline will not be opened.

Following the deadline, the SETXPC Steering Committee will open, review, tabulate, and analyze the received proposals based on the criteria outlined in the RFP, including the use of a scoring matrix to rank the criteria. The Steering Committee will use this information to identify proposals providing Co-op Members the best value and will make awards and/or reject proposals accordingly.

To ensure that proposals provide the best value to SETXPC Members, each RFP will request Prospective Vendors to guarantee that the price lists included in their proposal provide all Co-Op Members a percentage discount off the Prospective Vendor’s standard catalog or shelf price for the same product for the term of the awarded contract.

1.3 Availability of Awarded Vendor Information

The SETXPC maintains a webpage on the Region 5 ESC website accessible at the link provided above. When RFPs are released and open for submissions all Prospective Vendors can view or download the RFP packet from the Euna Procurement Portal (link provided above). Please note that Prospective Vendors must first set up an account with Euna before accessing and downloading the RFP packet as explained under the Current Bids section of the SETXPC’s webpage. To access a list of all categories of goods and services and when awards will be issued, Prospective Vendors may click on the link SETXPC Bid Categories on the SETXPC’S webpage. An alphabetical list of Vendors who have been awarded contracts is also posted on the SETXPC’s webpage and includes information identifying the RFP under which the Vendor was awarded, see the Current Awarded Vendors section.

https://www.esc5.net/o/resc/page/setx-purchasing-co-op

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 4

1.4 Member Selection and Use of Awarded Vendors

Members select vendors for purchases by accessing the SETXPC’s webpage, identifying the category of the goods/services to procure, and viewing the information for awarded Vendors, including discounts and shipping information. The Member then identifies the Vendor that will provide the Member best value. Members may also view the Steering Committee’s scoring matrix for each awarded Vendor. After selecting the Vendor that provides the best value, Members will contact the Vendor directly to make a purchase pursuant to the terms of the SETXPC’s awarded contract. Members do not have to place orders through Region 5 ESC, or SETXPC, to access the Vendor’s discounted rates listed in the awarded contract.

1.5 SETXPC Members

SETXPC Members existing at the time of a contract award, and/or Members that join during the procurement process or after a contract has been awarded, may access any and all discounts listed in an awarded contract, so long as the Member remains a Current Member as of the date of the purchase made pursuant to an awarded contract.

An accurate and up-to-date listing of Members may be found on the SETXPC’s webpage at the following web address: https://www.canva.com/design/DAGAK5Kri_o/ajyzSqYJ6BsCSb1jBWvz6w/view?embed#3. The SETXPC reserves the right to add and/or remove Members during the procurement process and/or after a contract has been awarded.

https://www.canva.com/design/DAGAK5Kri_o/ajyzSqYJ6BsCSb1jBWvz6w/view?embed%233

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 5

Section 2.0 – Notice of Intention RFP # 20260803

2.1 Notice to Prospective Vendors

The Southeast Texas Purchasing Cooperative (“SETX Co-Op”) is requesting competitive proposals and conducting this procurement on behalf of its Members for the purpose of establishing a contract under which Members may purchase the goods and/or services that are the subject of this RFP.

Prospective Vendors are requested to submit an online proposal response offering their total line of available products and/or services in the requested category that are commonly purchased by SETX Co-Op Members.

The Initial Term of the prospective contract is a period of 12 months. The maximum duration of any contract resulting from this procurement is a total of 12 months, running from the date of execution of the contract by the authorized representative of the SETX Co-Op.

Product(s) considered for award shall equal or exceed the technical, environmental, and performance standards and specifications as defined within this RFP. No Vendor contract shall be executed by Region 5 ESC until it has been reviewed and approved by the SETX Co-Op Steering Committee, consisting of three (3) Region 5 ESC employees and three (3) representatives from different Members of the SETX Co-Op.

The good(s) or service(s) to be purchased under the awarded contract, if any, may be of indefinite delivery and indefinite quantity (“IDIQ”). Purchases will be made by Members on an “as needed” basis from a list of contracts that have been competitively bid and awarded with qualified, high-performance Vendors based on the selection criteria set forth herein.

2.2 Procurement Method

SETXPC maintains and uses documented procurement procedures, consistent with applicable State, local, and tribal laws, rules, and regulations, including 2 C.F.R., Part 200, for the acquisition of goods or services required under a Federal award or subaward as detailed in 2 C.F.R. Section 200.318. SETXPC’s documented procurement procedures conform to the procurement standards identified in Sections 200.317 through 200.327 of 2 C.F.R., subpart D—Post Federal Award Requirements.

SETXPC is utilizing the Request for Proposals (“RFP”) method of procurement in accordance with Texas Education Code Section 44.031. For additional information regarding the RFP process, contact Stacey Hughes, Purchasing Director, immediately by phone at 409-951-1766 or email at shughes@esc5.net.

2.3 Availability of RFP Documents

SETXPC documents are made available via the Euna Procurement Portal for use by any vendor that elects to submit a response. The Region 5 ESC/Bonfire Procurement Portal is located online at the following web address:

https://esc5.bonfirehub.com/portal/?tab=login.

https://esc5.bonfirehub.com/portal/?tab=login

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 6

2.6 Tentative Timetable

The SETXPC anticipates following the timetable listed below for this solicitation:

Item Activity Date & Time

1 Solicitation starts to advertise (1st run) August 4, 2026

2 Solicitation advertised (2nd run) August 11, 2026

Deadline for submission of responses (See Section 4.0 – Instructions to Prospective Vendors – for detailed submission requirements)

August 31, 2026 at 1:00 PM

4 Anticipated SETXPC Steering Committee Approval October 20, 2026

5 Beginning of Initial Contract Period November 1, 2026

The dates and times included in this anticipated timetable are only estimated dates and times for each respective activity. Accordingly, the above-listed estimated dates and times are not binding on the SETXPC and the actual dates and times for each activity may vary. The date for submission will not be amended without reposting notice, to the extent required by law.

2.7 Pre-Proposal Conference

A pre-proposal conference may be requested by a Prospective Vendor. If you wish to request a pre-proposal conference, please contact Stacey Hughes, Purchasing Director, immediately by phone at 409-951-1766 or email at shughes@esc5.net by Wednesday, August 12, 2026, 10:00 AM. Receipt of a request does not guarantee a pre-proposal conference. Rather, SETXPC reserves the right to determine whether to hold a pre-proposal conference.

If agreed to by the SETXPC Steering Committee, a pre-proposal meeting will be scheduled. An addendum to this RFP will be posted and notice of the date and time for the pre-proposal conference will be provided to all known interested parties via the Euna Procurement Portal. The pre-proposal conference will be open to all Prospective Vendors.

2.8 Questions and Clarification

SETXPC will not answer verbal questions or provide verbal clarification related to this pending RFP. Rather, all questions must be submitted in Euna Procurement Portal. All questions posed, as well as responses to questions or requests for clarification submitted in the Euna Procurement Portal, will be posted and available for viewing by all Prospective Vendors. SETXPC will make practical efforts to respond to Prospective Vendor questions and requests for clarification within a reasonable amount of time. However, to ensure a response is received prior to the established deadline for the RFP, Prospective Vendors must submit questions and/or requests for clarification at least 3 business days prior to the established deadline. Questions and requests for clarification submitted after this time may not receive a response prior to the established deadline and SETXPC’s failure to provide a response to questions or clarifications submitted after this time will not postpone the established deadline or otherwise excuse a late submission.

Prospective Vendors seeking assistance with submission of a question in Euna Procurement Portal are to contact Taressa Pulido, Business Specialist, immediately by email at tpulido@esc5.net.

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 7

2.10 Rights Reserved by SETXPC and Restrictions on RFP Process SETXPC reserves the right to cancel this solicitation/RFP in whole or in part, at any time. SETXPC reserves the right to issue a revised or amended Request for Proposals. SETXPC further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple Prospective Vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with the SETXPC. SETXPC may make multiple awards per RFP, which should be taken into consideration by each Prospective Vendor when submitting a proposal.

SETXPC assumes no financial responsibility for any costs incurred by a Prospective Vendor in:

a) Developing and submitting a response or proposal or any amendments or addenda thereto;

b) Participating in bid conferences;

c) Assisting with contract negotiation sessions or discussions; or

d) Facilitating dispute resolution.

SETXPC also assumes no financial responsibility for any other costs incurred by Prospective Vendors prior to award of a contract pursuant to this RFP.

SETXPC reserves the right to reject any and/or all responses, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of the Members of the Co-Op. SETXPC also reserves the right to accept, reject, or negotiate modifications in any terms of a Prospective Vendor’s response or any parts thereof. SETXPC further reserves the right as sole judge of quality and equality to waive any formalities or technicalities if deemed in the best interest of the Members of the Co-Op.

2.11 Piggybacking Notice

This RFP solicitation is intended for the use of Region 5 ESC, SETXPC, and SETXPC Members. Accordingly, as permitted under the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and Chapter 271, Subchapter F of the Texas Local Government Code, governmental entities that enter into an interlocal agreement with the Region 5 ESC and/or the SETXPC are authorized to enter into separate and independent contracts with Vendor that employ the same negotiated terms and conditions contained in an existing contract between SETXPC and Vendor. Any such separate, independent contract developed as a result of this procurement solicitation and/or the agreement is exclusively between such other governmental entity and Vendor and shall have no effect or impact on Region 5 ESC, SETXPC, or an SETXPC Member, or a contract between Region 5 ESC, SETXPC, or a SETXPC Member and the Vendor. It is expressly understood that Region 5 ESC, SETXPC, and/or a SETXPC Member, shall in no way be liable for the obligations of each other or any other governmental entity contracting with Vendor pursuant to this section to piggyback upon and utilize this RFP as their own solicitation for legal procurement. Attendant to the same, the scope requirements of the solicitation may change during the life of the resulting awarded contract and no specific purchase volume is guaranteed by the SETXPC.

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 8

PART 3.0 – INSTRUCTIONS TO PROSPECTIVE VENDORS

This portion of the RFP includes instructions on the format Prospective Vendors must follow in preparing and submitting their online responses.

3.1 Compliance with Specifications

Prospective Vendors are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms and conditions of the RFP. Any exceptions to the terms and conditions in the RFP must be clearly indicated in the appropriate section of the Prospective Vendor’s submitted response. Each Prospective Vendor, by making its response, represents that the Prospective Vendor has read and understands the RFP and its terms and conditions.

3.2 Responsive Submittals

Submissions shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

3.3 Required Proposal Response Format & Submission Location

Prospective Vendors must submit proposal responses electronically by the established deadline via the Euna Procurement Portal: https://esc5.bonfirehub.com/portal/?tab=openOpportunities/. SETXPC does not accept, or open proposals submitted after the deadline identified in the published timetable. The clock on the Euna Procurement Portal will be used to determine compliance with deadlines. Emailed, mailed, hand-delivered, and/or faxed proposals will not be accepted. Deviations from any terms, conditions, and/or specifications shall be conspicuously noted in writing by the Prospective Vendor and shall be included with the proposal.

Proposal responses should be direct, concise, complete, and unambiguous. Prospective Vendors are responsible for ensuring that SETXPC has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda, or other critical information.

3.4 No Return of Responses; Withdrawal of Responses

Once submitted, SETXPC will not return responses to Prospective Vendors. A response that has been submitted to SETXPC may be withdrawn in the Euna Procurement Portal prior to the deadline for submission of responses.

Withdrawal of responses will not be allowed for a period of 180 days following the opening. Copyrighted proposals may be deemed unacceptable and disqualified.

3.5 Required Administrative and Other Service Fees

An administrative fee of $200.00 will be charged to each Prospective Vendor submitting a proposal to this SETXPC RFP. Prospective Vendors submitting proposals in response to more than one of our bid opportunities release on August 4th will only be charged one $200.00 administrative fee. This administrative fee may be paid via PayPal or by check. An additional $10.00 service fee will be assessed for payments made via PayPal.

3.6 General Corporate and Contact Information

Prospective Vendor agrees to provide SETXPC with the following financial information if requested by SETXPC at any point during the procurement process, including before or after contract award: If publicly traded, the Prospective Vendor’s income statement, balance sheet, and cash flow for the past three (3) years; if private, the Prospective Vendor’s audited financial statements for the past two years (if available). A Prospective Vendor’s failure to provide this financial information may impact the SETXPC Steering Committee’s award of the contract.

https://esc5.bonfirehub.com/portal/?tab=openOpportunities/

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 9

3.7 Addendums

Any interpretations, corrections, additions, or changes to this RFP will be communicated to Prospective Vendors by the issuance of an addendum. It is the responsibility of the Prospective Vendor, prior to submitting their response, to determine whether an addendum was issued. All Prospective Vendors shall comply with the requirements specified in any addendum issued by SETXPC.

3.8 Disqualification

A Prospective Vendor may be disqualified before or after the responses are opened, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage.

3.9 Environmental Initiatives

SETXPC is committed to reducing waste and promoting energy conservation. Toward that end, Prospective Vendors responding to this solicitation are encouraged to provide their company’s environmental policy and green initiative.

3.10 Interpretation

This solicitation represents the basis for any award and supersedes all prior solicitations, offers, negotiations, exceptions, and understandings (whether orally or in writing). Submitted responses should be self-explanatory and should not require any clarification or additional information.

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 10

SECTION 4.0 – SCOPE & SPECIFICATIONS

4.1 Request for Proposals Defined

As noted above, the intention of this RFP is to solicit responses for Pest Control Supplies and/or Services. The SETXPC is utilizing the Request for Proposals (“RFP”) method for the procurement of this service in accordance with Texas Education Code Section 44.031 Purchasing of Contracts, Item (3) Request for Proposals. For information regarding the RFP process, contact Stacey Hughes, Purchasing Director, immediately by phone at 409-951-1766 or email at shughes@esc5.net

4.2 General Scope of Services & Specifications

SETXPC desires to obtain responses from Prospective Vendors that can provide Pest Control Supplies and/or Services.

It is the intention of SETXPC to establish one or more contract(s) with highly qualified Vendor(s) for Pest Control Supplies and/or Services as stated below in Paragraph 4.3. Vendor(s) shall, at the request of SETXPC, provide under the terms of this RFP, including but not limited to Pest Control Supplies and/or Services the “General Terms and Conditions” set forth in Section 6 of this document and the “Special Terms and Conditions” identified below in Paragraph 4.5.

4.3 Specific Scope of Services and/or Specifications

Pest Control Supplies and/or Services under this RFP include, but are not limited to, the extermination of pests including rodents, supplies needed to alleviate and/or maintain property to be free of pests, and services needed to implement and distribute said supplies.

4.4 Estimated Annual Expenditures

Please note, however, that there is no guaranteed annual volume. The SETXPC makes no guarantees as to the quantities purchased under an awarded contract.

4.5 Special Terms and Conditions

a) Similar Products. Whenever an article or material is defined by SETXPC in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied (as applicable). The specified article or material shall be understood as indicating type, function, minimum standard of design, efficiency, and quality desired and shall not be construed as excluding other manufactured products or comparable quality, design, and efficiency (as applicable).

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 11

SECTION 5.0 – PRICING & DELIVERY INFORMATION

5.1 Pricing

Pricing information submitted in response to this RFP must detail the minimum percentage discount provided by the Prospective Vendor on prices stated and/or included in the Vendor’s catalog of goods and/or services.

Adding new or replacement goods and/or services to your catalog during the life of an awarded contract is permissible. However, pricing for any goods and/or services added to your catalog will be subject to the minimum catalog discount identified in your proposal.

Prospective Vendors may not include pricing information that lists non-specific prices, evidenced by but not limited to the following phrases: “Price to be Determined,” “Price Dependent upon Market Value,” “Price Available on Request,” etc.

All pricing information provided to Members at the time of purchase must conform and comply with the Vendor’s pricing information submitted with its proposal and be calculable at the time of sale for the duration of the awarded contract. It is understood that services/labor costs may vary but a fixed discounted rate should be stipulated.

5.2 Definition of “Catalog”

“Catalog” means the available list of tangible goods or services to which the minimum discount proposed by the Prospective Vendor may be applied. This includes any catalog, price list, schedule, shelf price list, or other format or form, identifying any available tangible personal property and/or services provided by the Vendor, and existing during the term of the awarded contract, regardless of the date such catalog was created, if it is:

a) Regularly maintained by the manufacturer or distributor of an item and/or

b) Published or otherwise available for inspection by a customer during the purchase process.

5.3 Additional Services and Service Incidental to the Sale of Goods The sale of goods may be accompanied by the installation or set up of said goods. Prospective Vendors may submit pricing for all related and/or incidental services in an attachment. Any and all related services may be proposed but must be priced either as a line item or as a discount off the published Catalog price for said services. Prospective Vendors may provide a catalog of services or a link to the available services or Prospective Vendors may create a SETXPC-specific Catalog list of services with applicable pricing. Please specify or illustrate your chosen method. The Prospective Vendor may furnish all necessary labor, materials, tools, supplies, equipment, transportation, supervision, and management and may perform all operations necessary and required for services. All work shall be performed in accordance with the requirements set forth in the resulting contract and each mutually agreed upon work request or purchase order issued by SETXPC Members. NOTHING IN THIS SOLICITATION IS REQUESTING SERVICES THAT ARE CONSIDERED A PUBLIC WORK/CONSTRUCTION.

5.4 Tax Exemption

SETXPC and its Members are tax-exempt. Response prices must not include taxes.

5.5 Price Changes

During the life of the award, Vendor may request price increases only commensurate, dollar for dollar, with increasing costs of the item no more frequently than one (1) time per quarter (three (3) month period) in a calendar year. A price change request must be made in writing and include the reason for the request, documentation supporting the request (i.e., proof from the manufacturer or distributor reflecting pricing has

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 12 increased and by how much), the current pricing, and the requested revised pricing. SETXPC will review the price change request. If the price change is deemed reasonable, the price change request will be accepted by written acknowledgement from SETXPC’s Steering Committee. If the request is not accepted, the SETXPC may entirely reject the request or may counter with revised pricing. In either case, the SETXPC will provide a written explanation in support of the decision. Available indexes (e.g., CPI or PPI) may be utilized by the SETXPC to determine if the requested price change request is reasonable. Typically, a price change request that exceeds 5% will not be approved absent extenuating circumstances in the industry.

In the event industry costs decline, SETXPC shall have the right to receive, from the Vendor, a reasonable reduction in prices/pricing that reflect such cost changes in the industry. SETXPC will make a written request to the Vendor for a price adjustment in writing with supporting documentation.

5.6 Freight, Delivery, Inspection & Acceptance

Satisfactory and acceptable terms related to freight, delivery, inspection, and acceptance of goods purchased by a Member under an awarded contract shall be determined by the Vendor and the Member at the time of the quote/purchase by the Member.

Generally, pricing presented for goods offered should not include shipping or freight costs from a Vendor to a Member customer. However, if shipping is included in the price of an item, then the Vendor’s proposal shall specify that there will be no additional cost for shipping or delivery to any Member. For example, if Item 1’s price includes delivery, but Item 2’s price does not, then these pricing variations must be clearly specified.

Any and all freight, delivery, or shipping costs, including those factored into an item’s price, should be passed to the Member at no more than the actual cost incurred by the Vendor.

5.7 Shipment Under Reservation Prohibited

The vendor is not authorized to ship goods under reservation and no tender of a bill of lading will operate as a tender of goods.

5.8 Place of Delivery

The place of delivery shall be agreed to by the purchasing Member and the Vendor at the time of purchase and shall be included on a purchase order or other order form. The terms of this agreement are “NO ARRIVAL, NO

SALE.”

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 13

SECTION 6.0 – EVALUATION & AWARD OF RFP

6.1 Evaluation Criteria

SETXPC uses a best-value approach for awarding agreements under this solicitation and applies the mandated evaluation criteria in Section 44.031 of the Texas Education Code. By including each of the criteria in Texas Education Code § 44.031(b), below, SETXPC has fulfilled Section 44.031(b)’s requirement that its Members “shall consider” the criteria listed in 44.031(b); in accordance with Module 5 of the Texas Education Agency (“TEA”) Financial Accountability System Resource Guide (“FASRG”), SETXPC has determined which criteria should be considered most important and has assigned weights/points to each criterion based on how important it is.

Accordingly, SETXPC will base a recommendation for contract award on the following factors:

Criteria Weighted Value

1. Price/Discount to Member Districts Points 25

2. Reputation of Prospective Vendor and of Prospective Vendor’s goods and/or services

Points 15

3. Quality of Prospective Vendor’s goods and/or services Points 25

4. Extent to which the goods and/or services meet SETXPC Members’ needs Points 20

5. Prospective Vendor’s past relationship with SETXPC (consecutive years with

SETXPC)

Points 10

6. Total long-term cost to SETXPC Members to acquire Prospective Vendor’s goods and/or services

Points 5

Total Points 100

6.2 Scoring

SETXPC is the sole arbiter of scoring. SETXPC reserves the right to assign any number of point awards or penalties it considers warranted if an offeror stipulates exceptions, exclusions, or limitations of liabilities.

6.3 Award Threshold

Proposals receiving below 70 total points will be rejected. Without regard to the total points awarded, SETXPC reserves the right to reject a proposal or any part of a proposal for any other reason specified in this RFP.

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 14

SECTION 7.0 – GENERAL TERMS AND CONDITIONS

This Agreement is entered into between the Southeast Texas Purchasing Cooperative (“SETXPC”) and Vendor, having submitted a response to a procurement solicitation issued by SETXPC and whose response has been accepted and awarded by SETXPC for the prospective contract term from November 1, 2026, to October 31, 2027.

The words “bids,” “Request for Proposals,” “quotes,” “RFPs,” “solicitation,” “procurement,” and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, Request for Proposals, quotes, competitive sealed proposals, and other procurement solicitations to which they are attached. The term “Vendor” means each awarded Vendor chosen by SETXPC.

In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SETXPC and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Agreement, agree as follows:

7.1 Agreement Terms; Amendment

The terms of this Agreement shall govern all procurements conducted hereunder. No pre-published terms on the Vendor’s order acknowledgments, invoices, or other forms shall have any force or effect. Further, no amendment of this Agreement shall be permitted unless first approved in writing by SETXPC, and no such amendments shall have any effect unless and until a written amendment to this Agreement is executed by an authorized representative of the SETXPC Steering Committee.

Vendors are responsible for identifying any exceptions to these terms and conditions. ANY EXCEPTIONS MUST BE CLEARLY NOTED IN THE VENDOR’S PROPOSAL RESPONSE. However, responses that are qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by SETXPC and eliminated from further consideration by the Co-Op.

7.2 Assignment of Agreement

Vendor may not assign this Agreement or any of its rights, duties, or obligations hereunder without the prior written approval of SETXPC. Any attempted assignment of this Agreement by Vendor shall be null and void. Any purchase or work order made as a result of this Agreement may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of the SETXPC Member. The vendor is required to notify SETXPC and SETXPC Members when any material change in operations occurs, including but not limited to, changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within three

(3) business days of such change.

7.3 Buy America Act

SETXPC Members have a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States when spending federal funds. Purchases that are made with non-federal funds or grants are excluded from the Buy America Act.

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 15

7.4 Captions

The captions herein are for convenience and identification purposes only, are not an integral part hereof, and are not to be considered in the interpretation of any part hereof.

7.5 Compliance with Laws

Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations, the Davis-Bacon Act (40 U.S.C. § 276a / 29 CFR Part 5), the Copeland “Anti-Kickback” Act (18 U.S.C. § 874 / 29 CFR Part 5), the Equal Opportunity Employment requirements (Executive Orders 11246 and 11375 / 41 CFR Chapter 60), the McNamara-O’Hara Service Contract Act (41 U.S.C. 351), Section 306 of the Clean Air Act (42 U.S.C. § 1857h, Section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15), the Contract Work Hours and Safety Act (40 U.S.C. § 3701-3708; 29 C.F.R. Part 5), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), the Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R.

Parts 75-77 and 81 (“EDGAR”), mandatory standards and policies contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), and all applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of federal funds to Members. Vendor understands that Vendor is ineligible to receive a contract award with SETXPC if Vendor or its principal(s) is listed on the government wide exclusions in the System for Award Management (Debarment and Suspension Orders Executive Orders 12549 and 12689). For the entire duration of this Contract, Vendor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Contract. Vendor must comply with all applicable state and local building code requirements unless otherwise specifically provided in the SETXPC Member’s Purchase Order, and Vendor must pay all fees and charges for connections to outside services and for use of property outside the project site. When required or requested by the SETXPC or a SETXPC Member, Vendor shall furnish the SETXPC or SETXPC Member with satisfactory proof of Vendor’s compliance with this provision.

7.6 Confidentiality

Vendor and SETXPC, including its Members, agree to secure the confidentiality of all information and records in accordance with applicable federal and state laws, rules, and regulations. Vendor, SETXPC, and its Members understand that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor also acknowledges that SETXPC Members are subject to the Texas Public Information Act, and Vendor waives any claim against and releases from liability SETXPC and its Members, including all officers, employees, agents, and attorneys of SETXPC or a SETXPC Member, with respect to disclosure of information provided under or in this Agreement or otherwise created, assembled, maintained, or held by Vendor and determined by a SETXPC Member, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act

7.7 Customer Reference List

Vendor agrees to submit a customer reference list upon request by the Co-Op or a Member.

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 16

7.8 Customer support

Vendor shall provide timely and accurate technical advice and sales support to SETXPC and SETXPC Members.

Vendor shall respond to requests for customer support within one (1) business day after receipt of the request.

Vendor shall provide training to Member’s staff regarding products and/or services supplied by Vendor, at no additional charge, if requested by the Member.

7.9 Entire Agreement

This Agreement, the procurement solicitation (RFP) issued by SETXPC, Vendor’s response submitted in response to SETXPC’s procurement solicitation, and the attached and incorporated addendum or exhibits, if any, contain the entire agreement of the parties relative to the purpose(s) of the Agreement and supersede any other representations, agreements, arrangements, negotiations, or understanding, oral or written, between the parties to this Agreement. In the event of a conflict between this Agreement and Vendor’s response to SETXPC’s procurement solicitation, this Agreement shall control. This Agreement supersedes any conflicting terms and conditions on any purchase or work orders, invoices, checks, order acknowledgements, forms, purchase orders, or similar commercial documents relating hereto and which may be issued by Vendor after the Effective Date of this Agreement.

7.10 Equal Opportunity

It is the policy of SETXPC and its Members not to discriminate on the basis of race, color, religion, sex, national origin, gender, age, disability, or any other basis prohibited by law in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, 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 disability, or other basis prohibited by law. Vendor further agrees that every subcontract entered into for the performance of this Agreement 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 Agreement.

7.11 Force Majeure

Neither SETXPC, Member, or Vendor shall be deemed to have breached any provision of this Agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires, transportation contingencies, interruptions in third-party telecommunications or Internet equipment or service, other catastrophes, or any other occurrences which are reasonably beyond such party’s control.

The parties to this Agreement are required to use due caution and preventive measures to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking relief under this provision. The party seeking relief due to force majeure is required to promptly notify the other party in writing, citing the details of the force majeure event and relief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have been removed, provided the Agreement has not been terminated. Delay or failure of performance, by either party to this Agreement, caused solely by a force majeure event, shall be excused for the period of delay caused solely by the force majeure event. No party shall have any claim for damages against the other resulting from delays caused solely by force majeure. Notwithstanding any other provision of this Agreement, in the event the Vendor’s performance of its obligations under this Agreement is delayed or stopped by a force majeure event, SETXPC and/or Member shall have the option to terminate this Agreement and/or any purchase made pursuant

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 17 to this Agreement. This section shall not be interpreted as to limit or otherwise modify any of SETXPC and/or a Member’s contractual, legal, or equitable rights.

7.12 Governing Law and Venue

The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Agreement. The mandatory, exclusive jurisdiction and venue for any dispute under this Agreement is in the state and federal courts located in Beaumont, Jefferson County, Texas.

7.13 Invoices and Payment by SETXPC Member Who Has Placed an Order Vendors shall submit separate invoices to each purchasing Member, in duplicate, on each purchase order or purchase release after delivery. Invoices shall:

a) be itemized and transportation charges, if any, shall be listed separately;

b) include as an attachment a copy of the bill of lading and the freight waybill when applicable;

c) indicate the purchase order or purchase release number as applicable; and

d) include a reference to this RFP agreement.

Invoices should not include Federal Excise, State or City sales tax. Purchasing Members shall furnish exemption certificates to Vendor upon request.

Payment shall not be due until the above instruments are submitted to the purchasing Member after delivery.

SETXPC Members will pay for the goods and/or services they requested and/or purchased under this awarded contract as promptly as possible, but in any event, no later than forty-five (45) days after the date the Member receives the invoice for the goods and/or services.

Vendor agrees to pay any subcontractors, if any, the appropriate share of the payment received from a Member not later than the tenth (10th) day after the date Vendor receives the payment from the Member. The exceptions to payments made by Member and/or Vendor listed in Texas Government Code § 2251.002 shall apply to this Agreement.

In addition to all other rights and remedies that SETXPC and/or a Member may have, they shall have the right to setoff, against any and all amounts due to Vendor by a Member, whether due under this Agreement or any other agreement between Member (including any department of Member) and Vendor, any sums to which Member is entitled under this Agreement, as determined by Member in its sole discretion, including, without limitation, sums due by Vendor to Member as a result of indemnification obligations and/or warranty claims, as applicable.

7.14 Member’s Property

In the event of loss, damage, or destruction of any property owned by or loaned by Member that is caused by Vendor or Vendor’s representative, agent, employee, or contractor, Vendor shall indemnify Member and pay to Member the full value of or the full cost of repair or replacement of such property, whichever is greater, within thirty (30) days of Vendor’s receipt of written notice of Members’ determination of the amount due. If Vendor fails to make timely payment, Member may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by Member.

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 18

7.15 Indemnification

VENDOR SHALL INDEMNIFY AND HOLD SETXPC AND ITS MEMBERS HARMLESS FROM ALL CLAIMS, LIABILITIES, COSTS, SUITS OF LAW OR IN EQUITY, EXPENSES, ATTORNEYS’ FEES, FINES, PENALTIES OR DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF VENDOR, VENDOR’S EMPLOYEES, AGENTS, OR SUBCONTRACTORS, IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM CLAIMED INFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHT OR OTHER CORRESPONDING RIGHT(S) WHICH IS RELATED TO ANY ITEM VENDOR IS REQUIRED TO DELIVER. Vendor’s obligations under this clause shall survive acceptance and payment by SETXPC and/or a Member.

7.16 Insurance (if applicable)

Vendor, as a part of their proposal, shall provide SETXPC with proof of insurance showing not less than the coverage listed below. The Vendor shall not commence any portion of the work under this Contract until they have obtained the insurance required herein and copies of certificates have been approved by SETXPC. The insurance company insuring Vendor shall be licensed in the State of Texas and shall be acceptable to SETXPC and Member. Vendor shall require all subcontractors performing any work under or relating to this Contract to maintain coverage as specified below. Neither approval of the insurance, nor the requirements shown below, shall relieve or decrease the liability of the Vendor. The insurance certificate(s) shall become a part of the contract documents.

Vendor shall, at all times during the Term of this Contract, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of Vendor.

• Comprehensive General Liability: $500,000 each person

• Bodily Injury Liability: $1,000,000 each occurrence

• Property Damage Liability: $100,000 each occurrence

• Workmen's Compensation:

* If Vendors do not provide Workman’s Compensation, a letter explaining alternate benefits should be included with the proposal.

*AS STATUTORY PROVISIONS REQUIRE, including all states, U.S. Longshoremen, Harbor Workers, and other endorsements

Automobile Liability Insurance:

• Comprehensive Automobile Liability: $500,000 each person

• Bodily Injury Liability: $1,000,000 each occurrence

• Property Damage Liability: $100,000 each occurrence

Umbrella Liability:

• Minimum Limits: $1,000,000 each occurrence

• Bodily Injury Liability: $1,000,000 aggregate

• Excess: $1,000,000

Coverage shall include:

a) Waiver of subrogation endorsement in favor of the Member, its officers, employees, and agents;

b) Thirty (30) day written notice of cancellation or material change endorsement in favor of the Member, its officers, employees, and agents;

c) The Member shall be named as additional insured on all of the Vendor’s policy(ies) as applicable based

Submission Deadline: 1:00 P.M. MONDAY, AUGUST 31, 2026 19 on the requirements of Member’s purchase;

d) Upon request, certified copies of original insurance policies shall be furnished to Member; and

e) SETXPC, on behalf of its Members, reserves the right to require additional insurance should a Member deem additional insurance necessary, in the Member’s sole discretion.

7.17 Interpretation

Vendor agrees that the normal rules of construction that require that any ambiguities in this Agreement are to be construed against the drafter shall not be employed in the interpretation of this Agreement.

7.18 Multiple Contract Awards; Non-Exclusivity

SETXPC reserves the right to award multiple contracts for each commodity category. Commodity categories are established at the sole discretion of SETXPC. Nothing in this Agreement may be construed to imply that Vendor has the exclusive right to provide products and/or services to SETXPC and/or its Members. During the Term of this Agreement, SETXPC and its Members reserve the right to use all available resources to procure other products and/or services as needed and doing so will not violate any rights of Vendor.

7.19 New Products

New products that meet the specifications detailed in the solicitation may be added to this Agreement, with prior written approval from SETXPC. Pricing of any new products shall be equivalent to the percentage discount or proposed prices for other similar products. Vendor may replace or add products to an existing contract if:

the replacing products are equal to or superior to the original products offered; are discounted in a similar or to a greater degree; and the products meet the requirements of the original solicitation. No products may be added to avoid competitive procurement procedures. SETXPC may reject any proposed additions, without cause, in its sole discretion.

7.20 No Substitution

Any order issued pursuant to this Agreement shall conform to the specifications and descriptions identified in this Agreement and in the solicitation. Unless otherwise agreed to in advance by SETXPC, Vendor will not deliver substitutes without prior authorization from SETXPC.

7.20 No Agency or Endorsements

SETXPC, its Members, and Vendor are independent contractors and have no power or authority to assume or create any obligation or responsibility on behalf of the other party. This Agreement shall not be construed or deemed an endorsement of a specific company or product.