RFP 26-06LB Furniture_ Fixtures_ Equipment_ Services.pdf

Comal Independent School District Solicitation No. 26-06LB, Furniture, Fixtures, Equipment, & Services

REQUEST FOR PROPOSAL

FOR

RFP 26-06LB Furniture, Fixtures, Equipment, & Services

REQUEST FOR PROPOSAL

RFP #26-06LB

Issued By:

Proposal Due Date:

Tuesday, September 8, 2026, at 2:00 PM CT

Comal Independent School District (CISD) is accepting proposals to provide furniture, fixtures, equipment (FFE) and full turn-key delivery & installation services for the new Special Education Campus, Life Bridges in accordance with the instructions, specifications, terms, and conditions, contained in this Solicitation. CISD reserves the right to award to multiple vendors or on an all or none basis. Be advised that basis of award may be either Low Bid or Determined Best Value to the District (as determined by CISD Purchasing Department).

Proposers are not required to bid on all categories listed. Awards will be made individually for each type of product and/or service as listed within this solicitation. Comal ISD seeks Respondent(s) who can provide furniture, fixtures, and equipment (FFE) necessary to furnish school(s). Subsequent contract(s) will be for indefinite delivery and indefinite quantities of FFE. Comal ISD anticipates awarding a one-year contract or until the full length of the time needed for the project to be completed. Quantities listed in the price proposal form are anticipated needs based on projected new campuses but are not guaranteed.

Additionally, the District anticipates the need to purchase individual items on an as-needed basis and may increase or decrease quantities. Comal ISD also reserves the right to multi-award the contract to Respondent(s) who may offer a variety of goods and services related to FFE. Comal ISD also seeks Respondent(s) who can warehouse, deliver, install, and manage the overall FFE project upon construction completion of a new school. For reference, the Life Bridges Campus construction project is estimated to be completed in the fall of 2026 and FFE will need to be delivered and installed by January 1, 2027.

Respondent(s) awarded contracts should anticipate beginning work immediately to furnish the campus.

ADDENDA TO RFP. CISD reserves the right to revise and amend the specifications prior to the date set for the receipt of proposals. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission, or other error(s) in the RFP in writing. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFP. It is the responsibility of each Contractor, prior to submitting the Proposal, to contact the Purchasing Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to the Proposal. Register online at https://comalisd.bonfirehub.com/portal/ to receive any addenda and submit questions or comments concerning this solicitation.

For Further Information Contact:

COMAL I.S.D. Purchasing Department Attn: Edward Romero, 1404 IH 35 North, New Braunfels, TX 78130

PH: 830-221-2000

Email: edward.romero@comalisd.org

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS

SECTION 2 – SPECIFICATIONS

SECTION 3 – EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SECTION 4 – GENERAL TERMS AND CONDITIONS

SECTION 1 - INSTRUCTIONS

1. PROPOSAL SUBMISSION: To be considered, the proposal must be prepared in the manner and detail specified in this proposal.

a. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of the RFP. Extensive binding, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance and clarity of content.

b. PRE-PROPOSAL MEETING / PROPOSAL GUARANTEE: Not Applicable

c. SUBMITTAL DEADLINE: Bids/Proposals will be received electronically via our Euna Bonfire bidding platform at https://comalisd.bonfirehub.com/portal/ until September 8, 2026, 2:00 PM, central time.

d. Submissions that are sent via facsimile or e-mail will not be considered.

e. Proposal submissions received late, unsigned, or in locations other than as stated in this solicitation will be returned without consideration.

f. The Comal Independent School District will not be bound to accept the lowest or any Proposal and reserves the right to accept or reject in whole or in part, any and all Proposals, to negotiate portions thereof, and to waive any minor informality.

g. All costs incurred in the preparation and submission of the RFP response shall be borne solely by the

Vendor. Where Vendors may be required to perform a presentation, give demonstrations, provide samples and/or technical literature, or participate in any interview process as related to this solicitation, all costs shall be borne by the Vendor.

h. Any Proposals submitted in response to this Request for Proposal will become irrevocable upon the closing time and remain open for acceptance for one hundred twenty (120) days from the closing date whether or not another RFP has been accepted.

i. CISD is part of a multi-member purchasing alliance. Please see General Terms and Conditions – Central

Texas Purchasing Alliance (CTPA) Adoption Clause for additional information.

j. SUBMISSION OF A PROPOSAL shall be construed to mean that the Vendor agrees to carry out all the conditions set forth in this document. Any proposed variation from the specifications, terms and conditions shall be clearly identified. Please provide details of any non-compliance with stated conditions on the deviation summary section provided on the Exceptions form Attachment D. If no changes are indicated, the District shall expect to receive the service(s) exactly as specified.

k. FORM OF CONTRACT: A Vendor's signature on the response to this RFP and the district's acceptance of that Proposal should constitute an adequate set of terms and conditions for the performance of the required services. However, if a vendor expects the District to sign a separate service agreement, a copy of that document must be provided along with RFP response for evaluation.

l. The Solicitation Forms provided must be used. Failure to follow these instructions may cause a Proposal to be determined as non-responsive and the Proposal rejected. The above information must be clear and concise.

m. The District reserves the right to select any offer it deems the best value, regardless of price.

2. RFP CLARIFICATION: Questions regarding this RFP should be submitted via https://CISD.bonfirehub.com/.

Answers citing the question will be distributed simultaneously to all known prospective offerors through Euna Bonfire. Oral answers provided by CISD, or its agents shall not be binding. No modification or amendment to this Request for Proposal shall be valid unless it is set forth in writing -- via a signed addendum or amendment from the District Purchasing Office.

DEADLINE FOR QUESTIONS: Questions regarding this RFP must be submitted in writing via Euna Bonfire at https://CISD.bonfirehub.com/ on or before September 1, 2026, 2:00 pm, Central Time.

3. PROPOSER RESPONSIBILITY: We expect you to be thoroughly familiar with all specifications and requirements of this RFP. Your failure or omission to examine any relevant form, article, site, or document will not relieve you, as a contractor, from any obligation regarding this RFP. By submitting a Response, you are presumed to concur with all terms, conditions, and specifications of this RFP. Any exception must be clearly defined and referenced in the proper paragraph in this Solicitation. Objections we consider excessive or affecting vital terms may reduce or eliminate your prospects for the award.

4. COMPLETENESS: The proposal shall be completed in all respects as indicated. A Proposal may be rejected if it is conditional or incomplete, or if it contains irregularities of any kind.

5. FALSE/MISLEADING STATEMENTS: A proposal that contains false or misleading statements, or which provides references that do not support an attribute or capability of the proposed system or service may be rejected. If, in the opinion of the District, such information was intended to mislead the District in its evaluation of the Proposal and the attribute, condition, or capability as a requirement of the RFP, the Proposal shall be rejected.

6. PROPOSAL SIGNATURE: The Proposal must be signed by an individual who is authorized to bind the responding firm contractually. The signature should indicate the title or position that the individual holds in the firm. Firms who sign their contracts with the name of the firm must provide the name of the corporate officer for signature validation by the District. An unsigned Proposal shall be rejected.

7. AWARD: CISD will award to the contractor(s) who presents the best value, in our view, to CISD from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the District to be in the best interest of CISD. Thus, the result will not be determined by price alone but by the applicable criteria as listed under EVALUATION CRITERIA.

8. PRECEDENCE: In the event of contradictions or conflicts between the provisions of the documents comprising the Contract, they will be resolved by giving precedence in the following order:

1) the provisions of the Contract (as it may be amended);

2) the provisions of the RFP (as it may be supplemented).

3) the provisions of the Contractors Response (as it may be clarified);

9. CONTRACT PERIOD: The District reserves the right to make multiple awards under this solicitation. The initial term of any resulting contract shall be one (1) year, or for the duration necessary to complete the project.

Completion of the project will be at the discretion of the District, subject to the same terms, conditions, favorable prices, and mutual agreement between the Contractor and the District with no minimum guaranteed amount.

10. SCHEDULE OF EVENTS

Following is a list of projected dates/times with respect to this RFP.

Deadline for Proposers Questions September 1, 2026, at 2:00 pm CT Addendum Response to Questions September 3, 2026, at 4:00 pm CT Proposals Due September 8, 2026, at 2:00 PM CT

SECTION 2 - SPECIFICATIONS AND SCOPE OF SERVICES

Overview: Comal Independent School District (CISD) is accepting proposals to provide furniture, fixtures, equipment (FFE) and full turn-key delivery & installation services for the new Special Education Campus, Life Bridges in accordance with the instructions, specifications, terms, and conditions, contained in this Solicitation.

CISD reserves the right to award to multiple vendors or on an all or none basis. Be advised that basis of award may be either Low Bid or Determined Best Value to the District (as determined by CISD Purchasing Department).

Life Bridges (Special Education Transitional Campus,18+ Program)

Address: 115 Rhine Terrace, New Braunfels, TX 78130

Proposers are not required to bid on all categories listed. Awards will be made individually for each type of product and/or service as listed within this solicitation. Comal ISD seeks Respondent(s) who can provide furniture, fixtures, and equipment (FFE) necessary to furnish school(s). Subsequent contract(s) will be for indefinite delivery and indefinite quantities of FFE. Comal ISD anticipates awarding a one-year contract or until the full length of the time needed for the project to be completed. Quantities listed in the price proposal form are anticipated needs based on projected new campuses but are not guaranteed. Additionally, the District anticipates the need to purchase individual items on an as-needed basis and may increase or decrease quantities. Comal ISD also reserves the right to multi-award the contract to Respondent(s) who may offer a variety of goods and services related to FFE.

Comal ISD also seeks Respondent(s) who can warehouse, deliver, install, and manage the overall FFE project upon construction completion of a new school. For reference, the Life Bridges Campus construction project is estimated to be completed in the fall of 2026 and FFE will need to be delivered and installed by January 1, 2027.

Respondent(s) awarded contracts should anticipate beginning work immediately to furnish the campus.

Any authorized services or purchases related to this project shall be provided through the issuance of a District authorized Purchase Order. There is no guarantee for work or purchases under this contract. Contract is intended for a full turnkey solution to provide furniture, equipment, fixtures (FFE) as well as associated project management, assembly, warehousing/storage, and/or service-related purchases. Services shall be based upon firm fixed rates including delivery and installation charges/fees, if any. Furniture must comply with ADA standards and be rated for heavy commercial use, accommodating various physical and mobility devices (wheelchairs, walkers, specialized seating).

Product Specifications and Alternates:

Vendors/Contractors are encouraged to provide pricing based on the basis of design listed on the quote price form. Equivalent substitute or alternate products will be accepted for consideration, provided they meet or exceed the quality, performance, functionality, and design intent of the specified items. All proposed alternates must:

• Be clearly identified in the quote submission

• Include supporting documentation such as product specifications, brochures, and color/finish options

• Demonstrate comparability to the preferred item(s) in materials, dimensions, durability, warranty, and overall suitability for a Special Education Transitional Campus environment

Background: A Special Education Transitional Campus (often referred to as an 18+ Program, Transition Academy, or Adult Transition Center) is a specialized public education facility. It serves young adults with developmental, intellectual, or physical disabilities who have finished their high school credits (usually between the ages of 18 and 21 or 22) but continue to receive special education services under their Individualized Education Programs (IEPs) before aging out of the public school system. Unlike traditional K-12 schools, these campuses are intentionally designed to mimic an adult, real-world living and work environment rather than a traditional school. The primary goal of the transitional program is to foster independence, vocational readiness, and life skills. Proposers bidding on furniture, fixtures, and equipment (FF&E) delivery and installation for an 18+ transitional campus should expect a diverse mix of commercial, residential, and industrial-style spaces. For example, key functional spaces may include the following:

1. Independent Living / Daily Living Labs ("Mock Apartments")

a. Purpose: Students learn domestic skills such as cooking, laundry, cleaning, and personal care.

2. Vocational & Career Training Labs

a. Purpose: Simulated work environments where students practice job skills like packaging, retail operations, assembly, or office administration.

3. Collaborative Classrooms

a. Purpose: Flexible learning spaces focusing on functional academics (consumer math, digital literacy, self-advocacy).

4. Sensory & De-escalation Rooms

a. Purpose: Controlled spaces designed to help students self-regulate, manage sensory overstimulation, or navigate behavioral needs safely.

5. Community Commons & Café

a. Purpose: Multi-purpose spaces for students to gather, eat lunch, or hold school-wide events, alongside offices for teachers, speech therapists, occupational therapists, and job coordinators.

A. GENERAL INFORMATION (DISTRICT PROFILE):

1. CISD encompasses an area that spans 589 square miles of central Texas, including parts of five central

Texas counties: Comal, Bexar, Hays, Kendall, and Guadalupe. Within the district are the communities of Canyon Lake, Sattler, Startzville, Hancock, Fischer, Spring Branch, Smithson Valley, Bulverde, Garden Ridge, and part of the cities of San Antonio and New Braunfels. The major highways crossing the district include Interstate 35, U.S. Highway 281, and Texas Highway 46.

2. Comal ISD currently has 36 campuses to include seven (7) high schools, eight (8) middle schools, and twenty-one (21) elementary schools. That number will change soon with the construction of several new facilities including one (1) middle school campus in fall of 2027 and one (1) elementary campus in the fall of 2027. Demographic growth reports Comal ISD exceeding 37,500 students in the next five to seven years.

B. GENERAL SERVICE REQUIREMENTS:

The District requires that the selected FF&E turnkey services contractor(s) provide planning, acquisition, and project management of furniture, fixtures, and equipment. Significant coordination will be required. To assist in quality assurance, timely deliverables, and other related functions, coordination and cooperation with the Purchasing Department, Construction Services Team, General Construction Contractors, Program/Project Managers, and other persons or vendors on site will be of utmost importance. The District reserves the right to select more than one “turnkey” service provider if deemed to be in the best interest of the District.

a. The selected contractor(s) awarded will be required to provide a “turnkey” service to the District by managing the complete product planning and delivery to product inventory on site. Services shall be performed in accordance with the specifications, commercial standards, plus local, state, and federal requirements, as applicable.

b. Contractor(s) shall furnish all necessary labor, supervision, travel, equipment, materials, and supplies as required to complete the project as specified herein.

c. Contractor(s) shall be entirely responsible for any loss or damage to its own materials, supplies and equipment, and to the personal property of its employees while they are maintained on the work sites.

d. Scheduling: Scheduling of services shall be coordinated through the Purchasing and/or Construction

Department authorized representative. The District shall not be responsible for payment of unauthorized overtime.

e. Business Hours: Most services shall be performed during Normal Business hours, Monday – Friday between 8:00 am through 4:30 pm. However, depending on the urgency and/or type of services required, the designated District Representative may schedule for an earlier or later timeframe.

f. Contractor’s Personnel: Contractor(s) shall not enter District sites without prior approval of the

District.

1) Contractor(s) shall provide proper identification to all employees while performing any work on CISD property and must check in and out at the main office of each campus.

2) The District requires all contractors wear an ID, before performing any work on any CISD Property or Campus. Contractor personnel shall have appropriate identification and be always easily identifiable.

3) Contractor(s) and his personnel shall confine their activities to the work site and area(s) designated for their use.

4) The use of tobacco, drugs, or alcohol is strictly prohibited on District property to include, but not limited within buildings, vehicles, and on the grounds.

5) Contractor(s) shall insure that no one in their employment shall be in the possession of explosives or firearms while on District Property.

6) All contract workers must be properly dressed while on District property. Clothing with inappropriate words or pictures are strictly prohibited.

g. Work Area: Contractor(s) shall be responsible for providing barriers within each designated work area, as necessary. Work area shall be free of debris, dispose of such items and return the site to the original state of cleanliness. The Contractor shall not use District’s facilities for the disposal of non-working parts, packing materials nor scrap materials.

h. Final Inspection: Final inspection shall be made when the Contractor and District representative have verified that assigned services have been completed.

i. Contractor's Warranty: Contractor warrants all work performed for a minimum period of a one (1) year.

j. Price Adjustments: No price increase will be considered on the awarded fixed rates within the first

12 months of the contract. If during the term of the contract, the Contractor’s costs are increased, the Contractor may submit a written request to the Director of Purchasing for price adjustment consideration prior to contract expiration/renewal date. Any such request shall be made ninety (90) days in advance of implementing said increase. Adjustments, if any, shall be tied to the Consumer Price Index-Urban Areas (CPI-U) or if applicable, the most current published list of Prevailing Wage Rates for Comal County, Texas as approved by the CISD Board of Trustees. No increases shall exceed five percent (5%). Only one price adjustment per year will be considered.

k. Workers’ Compensation

The District and Contractor agree that the Contractor’s employees are not covered under any District insurance policy, including but not limited to the District’s liability, property and casualty, or workers’ compensation insurance policies as this is the responsibility of the Contractor. A current copy of the certificate of insurance will be required before any work can take place.

l. Insurance

Certificate of Liability Insurance. Contractor shall maintain at least the insurance coverages specified below and shall provide to Owner, an insurance certificate listing the coverages before starting any work on District property. The coverages shall not be construed as establishing or limiting Contractor's liability under the indemnity provision.

(A) Workers' Compensation

Coverage A - statutory Coverage B - $100,000 employer's liability

(B) General Liability Bodily Injury $1,000,000 per occurrence Property Damage $2,000,000 per occurrence

(C) Automobile Liability (Including owned or leased vehicles and heavy equipment)

Bodily Injury $100,000 per occurrence Property Damage $100,000 per occurrence

The required limits may be satisfied by a combination of primary, excess, or umbrella liability insurance, provided the primary policy complies with above requirements and the excess umbrella is following form.

The Contractor may maintain reasonable and customary deductibles, subject to approval by the CISD.

• The Comal Independent School District District (CISD) shall be named as an additional insured with respect to general liability.

• A waiver of subrogation in favor of the CISD shall be contained in the Workers’ Compensation, and General Liability coverage.

• All insurance policies shall be endorsed to require the insurer to immediately notify the CISD of any material change in the insurance coverage.

• All insurance policies shall be endorsed to the effect that the CISD will receive at least thirty

(30) days’ notice prior to cancellation, non-renewal, or termination of the insurance.

• All copies of Certificate of Insurance shall reference the Solicitation No. “RFP #26-06LB”.

Vendor/Contractor(s) shall, without limiting its obligations or liabilities and at its own expense, provide and maintain and continuously carry insurances with insurers licensed in the State of Texas and in forms and amounts acceptable to the Comal Independent School District District:

1) No work will be commenced until all requirements of this section have been approved by the District in writing. The District will be furnished an acceptable certificate of insurance, prior to the commencement of any work

2) Insurance shall be underwritten by a company rated not less than A- in the Best's latest published guide.

3) Automobile Liability Insurance coverage is for all owned, non-owned and hired vehicles.

4) No deletions/exclusions from standard coverage form allowed without written consent of the CISD Independent School District.

CISD is listed as an additional insured on all but the Workers’ Compensation Policy. Additional insured coverage is provided for both premises operations and products completed operation.

The Contractor shall provide to the District, a Certificate of Insurance evidencing the required insurances are in force and effect and that all coverages shall provide for 30 days prior written notice to be given to the District in the event of cancellation or material changes. With the prior consent of the District, should any portion of the Services performed be sub-contracted, the Contractor will ensure that each sub-Contractor also maintains while this Agreement insurance coverages which are in like form and with limits as those to be carried by the Contractor.

The Contractor shall agree to waive all rights of subrogation against the District, its officials, employees, and volunteers for losses arising from work performed by Contractor for the District.

END OF SECTION

SECTION 3 - EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

1. EVALUATION: The following will be considered in making the selection:

The Proposals will be evaluated at the sole and absolute discretion of the District and its designees, with a primary emphasis on cost-effectiveness, pricing transparency, and overall value. The District may consider and score the following criteria.

a. Proposed Pricing & Cost Value o Competitiveness of product supply, freight, and installation labor fees.

o Clarity, transparency, and itemization of the pricing fee structure.

b. Experience and Qualifications o Vendor’s demonstrated background in delivering and installing specialized furnishings for educational, healthcare, or adult transition (18+) facilities.

c. Project Timeline & Deadline Adherence o Ability to meet or beat the District’s critical completion deadline of January 1, 2027.

d. Responsiveness o Bid responsiveness and completion of required forms.

The Evaluation may also consider those factors listed in TEC 44.031 (b) listed elsewhere in this solicitation.

Proposals will be evaluated equally and fairly; no preference will be given to any Proposer based solely on previous experience with the District or to an incumbent thereof. The District reserves the right to make additional inquiries and may request the submission of additional information.

2. GENERAL SUBMITTAL REQUIREMENTS:

a. PROPOSAL FORMAT: Each proposal should be prepared simply and economically. Responses shall be in the same order as the requirements listed below and in the following section.

b. PROPOSAL CONTENT: The Proposer must include the following items, or the proposal may be deemed non-responsive and rejected without any further evaluation (unless otherwise indicated herein):

1) All forms contained or listed in this RFP, fully completed:

2) A complete response to each of the items in the next section, which are specific to the evaluation criteria. (See next section for more detail.)

3. SUBMITTAL REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: Submit a complete response to each of the following items. List them in the order below, following your submission to the above:

a. Cover Letter: Vendor/Contractor submission must include a cover letter clearly stating the name of the firm and the name, address, and telephone number of the Firm’s representative;

b. Firm Profile Information:

• Name of Firm

• Address of principal office & primary headquarters

• Phone and fax numbers

• Form of business organization (corporation, partnership, individual, joint venture, other?)

• Year founded

• Primary individual to contact, phone number and email address.

• How many years has your organization been in business in its current capacity?

• Does the Respondent (Firm/Vendor) qualify as a resident bidder under Texas Government

Code Chapter 2252? If not, please list the state of residence of the organization.

• Is the Respondent (Firm/Vendor) able to meet or beat the District’s project completion deadline of January 1, 2027?

c. Required Forms Section (See Attachment in Bonfire/Euna)

d. Quote Price Form (See Attachment in Bonfire/Euna)

• Complete excel form with proposed pricing/price schedule.

Product Specifications and Alternates:

Vendors/Contractors are encouraged to provide pricing based on the basis of design listed on the quote price form. Equivalent substitute or alternate products will be accepted for consideration, provided they meet or exceed the quality, performance, functionality, and design intent of the specified items. All proposed alternates must:

• Be clearly identified in the quote submission

• Include supporting documentation such as product specifications, brochures, and color/finish options if applicable

• Demonstrate comparability to the preferred item(s) in materials, dimensions, durability, warranty, and overall suitability for a Special Education Transitional Campus environment

4. EXCEPTIONS: The proposer shall clearly identify any proposed deviations from the language contained herein.

Each exception must be clearly defined and referenced in the proper paragraph in this Solicitation. The exception shall include, at a minimum, the Proposer's proposed substitute language and opinion as to why the suggested substitution will provide equivalent or better service and performance. If no exceptions are noted in the Proposer's proposal, the District will assume complete conformance with this specification and the successful Proposer will be required to perform accordingly. Proposals not meeting all requirements may be rejected. Proposals taking exception to any language in the General Terms and Conditions may be rejected as nonresponsive.

5. SHORTLISTING: The District may shortlist the Proposers based on responses to the above items. If necessary, the District will conduct interviews/demonstrations. The District will notify each Proposer on the shortlist if such a presentation is required. These presentations will provide an opportunity for the Proposers to respond to questions posed by the evaluators and to clarify their proposals through exhibition and discussion. The District will not reimburse any costs associated with the oral presentation to the Proposer.

SECTION 4 - GENERAL TERMS AND CONDITIONS

1. BILLING AND PAYMENT: District standard terms will be Net 30 days; however, Proposers may offer a prompt payment discount in their original Proposal response such as 2% / 10 days - Net 30. Payment will be made, in arrears, in accordance with Texas Prompt Payment Act, Texas Gov’t Code 2251.

2. EVALUATION OF PROPOSALS: Proposal evaluation will be done based on the information provided by the Offeror. It is very important that the Offeror provide all required information as part of their Proposal. Failure to provide necessary information and documentation could result in the Proposal being rejected.

3. EVALUATION CRITERIA: The following represents examples of evaluation criteria that may, at the sole discretion of Comal ISD and its designees, be considered when evaluating responses to a solicitation. These criteria are provided to inform prospective vendors of the types of factors that could be reviewed when determining the best overall value for the District. However, it is important to note that the specific evaluation criteria and their respective weights for each solicitation will be explicitly outlined within the individual solicitation document.

(1) the purchase price;

(2) the reputation of the vendor and of the vendor's goods or services;

(3) the quality of the vendor's goods or services;

(4) the extent to which the goods or services meet the District's needs;

(5) the total long-term cost to the District to acquire the vendor's goods or services; [and]

(6) for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner:

(a) has its principal place of business in this state; or

(b) employs at least 500 persons in this state; and

(7) any other relevant factor specifically listed in the request for bids or proposals.

4. APPLICABILITY: These conditions are applicable and form a part of the contract documents in each supply and/or service contract and are a part of the terms of each purchase order for items of equipment and/or service included in the specifications and solicitation forms issued herewith. Any resulting contract shall include this solicitation, and Proposal received.

5. PROPOSAL RESPONSE: Unless otherwise specified, Offerors are required to submit an executed original of the Proposal. The proposal response must contain:

a. Signed; Proposal Form

b. Vendor Questionnaire

c. References

d. Vendor Response

e. Proposed Pricing / Price Schedule

f. Exceptions to Solicitation

g. Felony Conviction Notice Form

h. Conflict of Interest Form. Local Government Code Chapter 176 imposes disclosure/reporting obligations on vendors. Please complete and return Conflict of Interest Questionnaire Form CIQ.

i. TDA & EDGAR Certification Requirements

j. Current, Signed W-9

k. Any additional documents required by the Solicitation.

6. THOSE WHO DO NOT PROPOSE are requested to notify the CISD Purchasing Department in writing if they wish to receive future Proposals. Failure to do so may result in their being deleted from our prospective Bidders list.

7. DISCLOSURES: By signing this Proposal, a Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Proposal submitted.

8. INTERLOCAL AGREEMENTS: Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance.

a. Membership. CISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA / txctpa.org), an alliance of over 100 school districts in Texas representing over 1.5 million students, sharing information, services, and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements.

b. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by CISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4), and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district.

c. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement.

9. FUNDING OUT CLAUSE. MULTI-YEAR ACQUISITION: Any contract for the acquisition, including lease, of real or personal property is a commitment of the District’s current revenue only:

a. The District retains the continuing right to terminate the contract at the expiration of each budget period during the term of the contract.

b. It is the Districts intent to execute a contract for the longest period providing the lowest total cost to the district. Any resultant contract is conditioned on a best efforts attempt by the District to obtain any appropriate funds for payment of the contract.

10. CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the

Director of Purchasing or designee after the contract award.

a. Any additional agreements/contracts to be signed by CISD shall be included with the Proposal.

b. Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.

11. ASSIGNMENTS AND SUBCONTRACTING: No part of this agreement may be assigned or subcontracted without the prior written consent of the Comal Independent School District District’s Purchasing Director.

Payment can only be made to the Contractor named in this agreement.

12. PUBLIC RECORD: All Proposals become the property of the District. As a governmental entity the Public

Information Act, formerly known as the Open Records Act, applies to this solicitation. Accepted Proposals and any subsequent award become public records. Proprietary material must be clearly marked as such. Pricing and service elements of the successful proposal will not be considered proprietary information.

13. CHANGES: This Contract shall not be modified, altered, or changed except by mutual consent confirmed in writing by an authorized representative of each party to this Contract. The Director of Purchasing or designee shall administer this contract on behalf of the District. The Vendor agrees to waive all claims for adjustment regarding any services performed without prior receipt of an appropriate written Change Order. The CISD Purchasing department shall review, approve, and process all changes.

14. INDEMNITY: Vendor shall indemnify and hold harmless the CISD and its Board of Trustees, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including but not limited to, all expenses of litigation, court cost, penalties, and attorney's fees the

CISD incur defending any action, suit, or claim form any source whatsoever and any of any kind or nature arising directly or indirectly on the part of the vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement.

15. INDEPENDENT CONTRACTOR: The parties intend that the Contractor, in performing the specified services, will act as an independent contractor and must have control of the work and the manner in which it is performed.

The Contractor will be free to contract for similar services to be performed for other employers while Contractor is under contract with District. The Contractor is not to be considered an agent or employee of the District and is not entitled to participate in any pension plans, bonus, stock, or similar benefits that District provides for its employees. The District and Contractor agree that the Contractor is not covered under any District insurance policy, including but not limited to the District’s liability, property and casualty, or workers’ compensation insurance policies. The District shall not deduct Federal Income Taxes, FICA (Social Security) or any other taxes required to be deducted by an employer, as this is the responsibility of the Contractor.

16. TERMINATION: Any resulting contract may be terminated by the District at any time with or without cause and without penalty to the District. In the event of termination by the District prior to completion of the contract, compensation shall be prorated on the services performed, and the Contractor shall only be entitled to receive compensation for satisfactory work completed up to the date of termination.

17. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

18. NON-PERFORMANCE: Whenever, in the opinion of the District, the work is neglected by the Contractor, the

District may request to have the Contractor bring additional labor, materials, and supplies into the work. If the Contractor fails to correct the unsatisfactory condition(s) within five (5) working days, the Contractor shall be advised of so in writing. The District shall have no obligation to give the Contractor more than two (2) notices of unsatisfactory performance during the contract period; and should the Contractor again fail to perform the services pursuant to the contract, the District may declare the contract in default, terminate the contract, and contract with another.

a. In the event of default by the Contractor, the District shall be liable only for payment of those services performed and accepted prior to the date of termination.

19. CHANGES TO PROPOSAL: The District retains the right to negotiate changes in a Proposal by any offeror, and to reject any or all Proposals if none of the submissions are responsive to its needs.

20. CHANGES IN REQUIREMENTS: Should the District, at any time during the progress of said work, request any alterations, deviations, additions, or omissions from the said agreement, specifications, or plans, it shall be at liberty to do so. And the same shall in no way affect or make void the agreement but will be added to or deducted from the amount of said agreement price, by a fair and reasonable valuation subject to the mutual agreement of both parties.

21. UNRESTRICTED QUANTITIES: The District is not limited to purchasing all or any of its requirements from any contract resulting from this solicitation/award.

22. DELIVERIES required in this solicitation shall be freight prepaid F.O.B. DESTINATION and prices shall include all freight, and delivery charges for a total cost delivered.

23. DISMISSAL OF UNSATISFACTORY EMPLOYEES: If any person employed by the Contractor or any subcontractor fails or refuses to carry out the directions of the District representative, or is, in the opinion of the District representative, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language to any person at the facility; or if otherwise unsatisfactory, he/she shall be removed from the work immediately, and shall not again be employed on the work except upon consent of the District representative.

24. VENUE: This Agreement shall be governed by the law of the State of Texas without regard to the choice-of-law rules of any jurisdiction. The venue shall be in Comal County, Texas. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit.

25. NOTICE: Any notice required by or permitted under this Agreement must be made in writing. Any notice required by this Agreement will be deemed to be delivered (whether received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when received. Any address for notice may be changed by written notice delivered as provided herein.

26. CRIMINAL BACKGROUND CHECK: All Contractors, who have a contract for services, have continuing duties related to the contract, and have direct contact with students must certify to the district that it has received all criminal history information on covered employees pursuant to Texas Education Code Chapter 22, Subchapter C prior to performing the services for the District. This is an all-or-nothing test. If all three criteria are met, then the criminal history review is mandatory. The cost of the review shall be paid by the Contractor. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. The Contractor selected may also be required to provide a list of personnel who will be assigned to do the work. When requested this information must be furnished within twenty-four (24) hours and shall apply to any new personnel due to employee turnover.

a. The District reserves the right to review the personal background and conduct security clearances on the Contractor’s assigned personnel. The Contractor shall certify that all employees assigned to work under the contract have successfully passed a criminal background check, prior to assignment. The Contractor shall cooperate with the District authorities and shall comply with all regulations in effect during the contract period.

b. Upon the request of the District, the successful bidder may be required to provide the names of all persons who may be assigned to do the work on the contract for the purpose of completing a criminal background check. The following information shall be provided with each name to the District: date of birth, Texas driver’s license number, and current address,

c. Any person or persons not acceptable to the District shall be prohibited from working on the contract.

27. DISCLOSURE OF INTERESTED PARTIES: A Successful offeror shall provide a signed Form 1295 before any award of the contract by our Board of Trustees. The Texas Legislature adopted House Bill 1295 in 2015. HB 1295 added Section 2252.908 to the Government Code. Under this law, any business entity that enters a contract with CISD that requires the approval of the Board of Trustees must submit a “Disclosure of Interested Parties” to the District prior to the execution of the contract. This form, the “Disclosure of Interested Parties” form was promulgated by the Texas Ethics Commission and is the “Form 1295”.

For additional information, the Texas Ethics Commission’s website is: www.ethics.state.tx.us. The area of their website pertaining to Form 1295 is: www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

28. TEXAS DATA PRIVACY AGREEMENT: A Successful offeror shall provide a Student Data Privacy Agreement upon notification of award. The Texas Student Privacy Alliance created a Common Student Data Privacy Agreement, which shall be used by all member schools when implementing any online application. By adopting such an agreement all vendors and schools have common expectations when entering a relationship or implementation without having to renegotiate terms in every new instance. All vendors handling student data are expected to complete the agreement. A Sample Form can be found here Student Data Privacy Agreement.

29. DISPUTE RESOLUTION: The laws of the State of Texas shall govern this agreement and performance hereunder. The District and Contractor shall, as a condition precedent to filing any lawsuit arising from the performance of this Agreement, endeavor to resolve all claims, disputes, and other matters in question between them by mediation.

a. Request for mediation shall be in writing and shall request that the mediation commence not less than 30 or more than 90 days following the date of the request, except upon agreement of both parties.

b. In the event the District and the Contractor are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 days following the date of the request for mediation, all conditions precedent in this article shall be deemed to have occurred.

At all times during the course of any dispute resolution process, the Contractor shall continue diligently and without delay to perform the services and obligations of the Agreement

30. INVOICING: Send the original invoices to: Attention: Child Nutrition Department, 1404 IH-35 North New Braunfels, TX 78130

Electronic statements may be sent via email: accountspayable@comalisd.org

a. Each invoice shall contain a minimum of the following information: invoice number and date; remittance address; "bill to" and "ship to" addresses; contract Purchase Order number (PO#); quantities; item descriptions, unit prices, and extensions; fees; and an invoice total.

b. For payment purposes, the contractor shall obtain PO # from the District for each separate order/invoicing.

These are individually numbered for control purposes, and each separate order/invoicing will require a unique PO# to be issued to the Contractor by the District. If the PO# does not appear on the contractor's invoice, payment may be delayed.

31. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES: Chapter 2252, of the Texas Government

Code was amended to update state contract law to prohibit governmental entities from contracting with companies engaged in active business operations with Sudan, Iran, or a foreign terrorist organization. The intent of this change is to ensure that Texas taxpayers' dollars are not spent on companies engaged in business with other nation states or terrorist organizations that are anathema to the policy interests of the United States or the State of Texas.

32. Pursuant to Texas Government Code Chapter 2270, if this contract is valued at $100,000 or more and if the

Contractor has at least ten (10) full time employees, then the Contractor, by its execution of this Agreement represents and warrants to the District that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. This section does not apply to a sole proprietorship.

33. COMPLIANCE: The Offeror shall comply with all federal, state, and local laws, and District policies affecting the services covered by this solicitation. Such laws may include but are not limited to the following: a) Family Educational Rights and Privacy Act (FERPA); b) Protection of Pupil Rights amendment (PPRA); and/or Health Insurance Portability and Accountability Act of 1996 (HIPPA).

34. PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 2274:

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

b. ENERGY COMPANY BOYCOTT: As required by Texas Government Code Ann. Chapter 2274, if

Contractor has ten (10) or more employees, is not a sole…