RFP26-014BUILDINGSUPPLIESandMATERIALS.pdf

RAYMONDVILLE INDEPENDENT SCHOOL DISTRICT

419 FM 3168, Raymondville, Texas 78580 Phone: (956) 689-8175 ● FAX: (956) 689-8180 – Business Office

The Raymondville Independent School District is now accepting submissions for

RFP # 26-014

Building Supplies and Materials District Wide

Proposal Closing/Due Date and Time: September 18, 2026 at 3:00 p.m. CST

Sealed Requests for Proposals (RFP) will be received in accordance with the attached specifications.

Please Note:

For additional information, please contact the person listed below. All questions must be submitted by email. No verbal responses will be provided.

Kayla Redding arcek@raymondvilleisd.org mailto:Lopezja@raymondvilleisd.org

TIMELINE

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Additional Information/Questions Due Answers to Questions Posted on Web

Deadline for Submittal of RFP

Recommendation to Board (Target Date)

Approved Vendor Start Date

Wed. August 12th, 2026 Wed. August 19th, 2026

Fri. Sept. 4th, 2026 Mon. Sept. 14th, 2026 by end of day

Fri. Sept. 18, 2026, by 3:00 p.m.

Tuesday, October 13th, 2026

Board Approval Date

RFP#26-014

INTENT TO BID

Fax or email, this page only, if solicitation was not faxed or e-mailed directly to your company. All other solicitation documents must be enclosed in a sealed envelope and mailed to the Purchasing Department.

This page is required if solicitation was downloaded without receiving an invitation by the District. Please complete and email the purchasing coordinator or FAX: 956-689-8180 immediately in order to be added to the vendor list and receive addendum or updates regarding this solicitation. It is the intent of the Purchasing Department to ensure that all interested vendors receive addendum's or updates, but it will be the vendor’s responsibility to check the Purchasing site periodically. If there are addendum's posted on the site and your company has not been notified by fax or e-mail, it will be the vendor’s responsibility to download from Purchasing site and make sure to include with their packet.

The Raymondville ISD Purchasing Departments solicitations and addendum's are available online at https://raymondvilleisd.org/284166_3

Purchasing Coordinator Kayla Redding arcek@raymondvilleisd.org 956-689-8175

FAX: 956-689-8180 EXT: 4124

RAYMONDVILLE ISD: 2026 - 2027

NAME:_____________________________________________

TITLE:______________________________________________

STREET ADDRESS: __________________________________

STREET ADDRESS 2:_________________________________

CITY:_______________________________________________

STATE:_____________________________________________

ZIP CODE:__________________________________________

WORK PHONE:______________________________________

FAX:_______________________________________________

EMAIL:_____________________________________________

WEBSITE:__________________________________

You are invited to submit a Proposal for the Raymondville Independent School District (RISD). This is an annual bid. All questions can be emailed to arcek@raymondvilleisd.org

The District recommends you either hand deliver the RFP response to the Purchasing Office at the following address:

Raymondville ISD Purchasing Department

419 FM 3168

Raymondville, Texas 78580 or have it delivered by a courier type service, such as FedEx or UPS, etc., with a recipient’s signature and documented time of delivery.

Proposals submitted via the U.S. Postal Service are to be mailed to:

Raymondville ISD Purchasing Department

419 FM 3168

Raymondville, Texas 78580

The U.S. Postal Service mail goes to our warehouse to be processed before delivery to the departments. NOTE: Delivery of Proposal envelope to other Departments within the Raymondville Independent School District is not considered as delivery to the Purchasing Department. You may mail the response in time, but it may not be received in the Purchasing Office in a timely fashion, and therefore will be rejected.

Proposals received at the RISD Purchasing Department after the time and date specified above will not be considered and will be filed unopened. Raymondville ISD shall not be held liable for late proposals.

Oral, e-mail or telegraphic proposals transmitted via the District’s facsimile machine are not acceptable. DO NOT FAX

YOUR SUBMISSION.

SUBMIT ONE ORIGINAL AND THREE (2) COPIES OF PROPOSALS unless otherwise indicated in the specifications.

PLEASE SUBMIT PROPOSAL NO LATER THAN 3:00 PM LOCAL TIME ON Mark your sealed envelope in the lower left hand corner with RFP #26-014, Building Supplies and Materials Company Name, time and due date, as noted above. (Should the district close for unforeseen reasons (force majeure) on the date the solicitation is due, the above referenced date should be changed to 3:00 PM the first date the district is open to conduct business).

mailto:Lopezja@raymondvilleisd.org

You are invited to submit a proposal to provide for the Raymondville Independent School District (RISD).

The RFP response MUST be signed by an individual authorized to contractually bind the firm submitting the Response.

A failure to sign the Response will cause it to be rejected as NON-RESPONSIVE. Responses must give full name and address of Proposer. Person signing the Response should show title or authority to bind his/her firm in a contract.

RESPONSES WILL NOT BE OPENED OR READ PUBLICLY

RAYMONDVILLE INDEPENDENT SCHOOL DISTRICT

By:

David Longoria, CFO

You are representing to Raymondville ISD that you are authorized to submit this proposal by signing below.

Company Name

Address City

State Zip

Signature of Authorized Representative Date

Printed Name Email

Phone Fax

REQUIRED SUBMITTAL

RAYMONDVILLE INDEPENDENT SCHOOL DISTRICT

STANDARD TERMS AND CONDITIONS

Building Supplies and Materials District Wide

RFP # 26-014

DUE: Fri., September 18, 2026 by 3:00 PM

The words bids, request for proposals, RFP, proposal, agreement, quotes, solicitation, procurement, and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, requests for proposals, quotes, competitive sealed quotes, and other procurement solicitations to which they are attached. The term proposer, firm, vendor, offeror, bidder, and respondent may be used interchangeably in these terms and conditions to refer to responders to this bid solicitation.

These Standard Terms and Conditions are part of the final contract in each commodity and/or service contract and are part of the terms and conditions of each purchase order or other bid/proposal forms issued in connection with this solicitation.

This Agreement is entered into between Raymondville Independent School District (Raymondville ISD), and Vendor having submitted a proposal in response to a procurement solicitation issued by Raymondville ISD and whose proposal has been accepted and awarded by Raymondville ISD. 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, Raymondville ISD and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Agreement, agree as follows:

1. PROCUREMENT METHOD: Raymondville ISD is utilizing the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code §44.031(3) Purchasing Contracts, Request for Proposals for services other than construction services, and 2 CFR 200.320(b) Procurement by Competitive Proposals.

2. ESTIMATED QUANTITIES: The good(s) and/or service(s) to be purchased under the awarded contract, if any, may be of indefinite delivery and indefinite quantity (IDIQ). The listed items are commonly acquired items and prices will be used to determine best value. Raymondville ISD makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. Raymondville ISD makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation. Quantities specified are per unit of measure listed in the proposal solicitation.

3. AWARD OF CONTRACT: In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the responsible Vendor(s) whose proposal(s) is/are determined after evaluation by Raymondville ISD, to be the best value. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document. Copyrighted proposals are unacceptable and may be disqualified.

4. RIGHTS RESERVED BY RAYMONDVILLE ISD AND RESTRICTIONS ON RFP PROCESS:

a. Raymondville ISD reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals.

b. Raymondville ISD further reserves the right to accept, reject or negotiate modifications in any terms of a proposed vendor‘s proposal or any parts thereof.

c. Raymondville ISD may conduct oral interviews/discussions or presentations necessary to select the best value Vendor and/or to obtain competitive pricing.

d. Raymondville ISD reserves the right to reject any and/or all proposals, to award contracts for individual products and/or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of Raymondville ISD.

e. Raymondville ISD further reserves the right to waive any formalities or technicalities if deemed in the best interest of Raymondville ISD; request clarification and/or correction of the Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities.

f. Raymondville ISD also reserves the right as sole judge of quality and equality.

g. Raymondville ISD further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors or proposers. The decision to award multiple contracts, award only one contract, or to make no awards, rests solely with Raymondville ISD. Raymondville ISD may make multiple awards, and this fact should be taken into consideration by each proposer.

h. Raymondville ISD shall make all decisions regarding this RFP, including, without limitation, the right to decide whether a proposal substantially complies with the requirements of this RFP.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.44.htm https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/xml/CFR-2014-title2-vol1-part200.xml#seqnum200.320

5. FINANCIAL RESPONSIBILITY: Raymondville ISD assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a proposal or any amendments or addenda, participating in bid conferences, interviews, participating in any negotiation sessions or discussions, or any other costs incurred by proposers prior to award of a Contract/Agreement pursuant to this RFP.

6. AGREEMENT TERMS: The terms of this Agreement shall govern all procurements conducted hereunder. No pre-established 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 from Raymondville ISD, and no such amendments shall have any effect unless and until a written amendment to this Agreement is executed by Raymondville ISD.

7. ADDENDA: Any interpretation, correction or change to this Proposal Invitation will be made by addendum, and updated information contained in an addendum will prevail over the information contained in the original Proposal Invitation or a previous addendum. Raymondville ISD is the sole authority for the issuance of any addendum, and any communication related to this bid solicitation that is not from Raymondville ISD is invalid. All such addenda/additional information issued/posted to https://www.raymondvilleisd.org/284166_3 prior to the time that proposals are received shall be considered part of the RFP solicitation, and the Respondent shall be required to consider and acknowledge receipt of each addendum. It is the Respondents responsibility to view and acknowledge any addenda and incorporate the addendums into the proposal submission for the solicitation.

8. CLARIFICATIONS: Raymondville ISD may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change or modify its proposal in any way except to the extent of correction of the error.

Discussion between Raymondville ISD and Vendor can also take place after the initial receipt of proposals.

Raymondville ISD reserves the right to conduct discussions with all, some or none of the Vendors submitting proposals. Raymondville ISD will not assist the Vendor in the completion, revision or modification of its proposal.

9. ASSIGNMENT DELEGATION: Vendor may not assign this Agreement or any of its rights, duties, or obligations hereunder without the prior written approval of Raymondville ISD. 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 Raymondville ISD. Vendor is required to notify Raymondville ISD 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.

10. PROHIBITION AGAINST CONTACT: Vendors shall restrict all contact with Raymondville ISD and direct all questions regarding this RFP to the Point of Contact specified in this solicitation. Do not contact members of the School Board, the Chief Finance Officer or other employees of the Raymondville Independent School District. Contact with any of these prohibited individuals after issuance of the RFP and before execution of a contract, may result in disqualification of your Proposal.

11. CONFLICT OF INTEREST: No employee, officer, or agent may participate in the planning, advertising, selecting, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. See 2 CFR § 200.318(c) (1). Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm consideration for a contract. Chapter 176 of the Local Government Code requires any Vendor that does business with Raymondville ISD, to complete a Conflict of Interest Questionnaire (Form CIQ) in the following situations:

The vendor has a business relationship with a local governmental entity and:

1. Has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer;

2. Has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with an aggregate value of more than $100 in the 12-month period (excludes food);

3. Has a family relationship with a local government officer of that local governmental entity; or

4. The amount of a contract that is either executed or under consideration between the vendor and that local governmental entity exceeds $1 million.

The completed conflict of interest questionnaire must be filed with the Raymondville ISD Business Office not later than the seventh business day after the later of:

https://www.raymondvilleisd.org/284166_3

1. The date that the vendor:

a. Begins discussions or negotiations to enter into a contract with the local governmental entity; or

b. Submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;

or

2. The date the vendor becomes aware of:

a. An employment or other business relationship with a local government officer, or a family member of the officer;

b. Giving one or more gifts, as defined above; or

c. A family relationship with a local government officer.

The vendor filing the questionnaire must:

1. Describe each employment or business and family relationship the vendor has with each local government officer of the local governmental entity;

2. Identify each employment or business relationship with respect to which the local government officer receives, or is likely to receive, taxable income, other than investment income, from the vendor;

3. Identify each employment or business relationship with respect to which the vendor receives, or is likely to receive, taxable income, other than investment income, that:

a. Is received from, or at the direction of, a local government officer of the local governmental entity;

and

b. Is not received from the local governmental entity; and

4. Describe each employment or business relationship with a corporation or other business entity with respect to which a local government officer of the local governmental entity:

a. Serves as an officer or director; or

b. Holds an ownership interest of one percent or more.

If no conflict of interest exists, you must type “N/A” on Box 1 of the Form CIQ, sign it, and date it.

A vendor shall file an updated completed questionnaire with the Raymondville ISD Business Office not later than the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate.

The Raymondville ISD Business Office shall:

1. Maintain a list of local government officers of the local governmental entity and shall make that list available to the public and any vendor who may be required to file a conflict of interest questionnaire; and

2. Maintain the statements and questionnaires that are required to be filed under this chapter in accordance with the local governmental entity's records retention schedule.

In addition, Chapter 176 of the Local Government Code requires a local government officer to file a Conflict of Interest Disclosure (Form CIS) with respect to a Vendor if:

1. The Vendor enters into a contract with the local government entity or the local governmental entity is considering entering into a contract with the vendor, AND

2. The Vendor has:

a. An employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family receiving taxable income, other than investment income, that exceeds $2,500 during the 12-months preceding the date that the officer becomes aware that:

i. A contract between the local governmental entity and Vendor has been executed; or

ii. The local governmental entity is considering entering into a contract with the Vendor;

b. Has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

i. A contract between the local governmental entity and Vendor has been executed; or

ii. The local governmental entity is considering entering into a contract with the Vendor; or

c. Has a family relationship with the local government officer.

Raymondville ISD current School Board Members include: John L. Solis, Javier Longoria, Christie Ambriz, Veronica Munguia, Daniel Garcia, Jaime Villarreal and Lettie Guzman.

Failure to comply with Chapter 176 of the Local Government Code requirements is an offense:

1. Class C misdemeanor if the contract amount is less than $1 million;

2. Class B misdemeanor if the contract amount is at least $1 million but less than $5 million; or

3. Class A misdemeanor if the contract amount is at least $5 million.

The governing body of a local governmental entity may, at its discretion, declare a contract void if the governing body determines that a violation of Chapter 176 of the Local Government Code has occurred.

12. NON-COLLUSION: By submitting an offer, Vendor affirms that the Contractor, including its officers, employees, or agents, has not prepared its submitted offer in collusion with any other bidder participation in this procurement solicitation and that the contents of their submittal have not been communicated by the offeror nor by any employee, officer or agent of the offeror to any other person engaged in this type business prior to the official submission deadline. The vendor, by submitting this proposal, certifies and represents to Raymondville ISD that the Vendor has not offered, conferred or agreed to confer any pecuniary benefit, as defined by §1.07(a)(6) of the Texas Penal Code, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this procurement solicitation; the Vendor also certifies and represents that Vendor has not offered, conferred or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion concerning this procurement solicitation; the Vendor certifies and represents that the Vendor has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the Raymondville ISD, concerning this bid on the basis of any consideration not authorized by law; the Vendor also certifies and represents that the Vendor has not received any information not available to other Vendors so as to give the undersigned a preferential advantage with respect to this bid; the Vendor further certifies and represents that Vendor has not violated any State, Federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that the Vendor will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value to any officer, trustee, agent or employee of Raymondville ISD, or its cooperative members, in return for the person having exercised the person's official discretion, power or duty with respect to this bid; the Vendor certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Raymondville ISD, in connection with information regarding this procurement solicitation, the submission of this RFP, the award of this RFP or the performance, delivery or sale pursuant to this RFP.

13. DISQUALIFICATION: A Vendor may be disqualified before or after the proposals 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.

14. DEVIATIONS AND EXCEPTIONS: All proposals must include a detailed statement of exceptions taken to any part of the request. Any deviations from this procurement solicitation must be noted on the Deviations and Exceptions Form. Deviations or exceptions stipulated in a Vendor‘s response will be considered during the contract evaluation where Raymondville ISD reserves the right to accept or reject a proposal based on any submitted deviation. A deviation will not be effective unless accepted by Raymondville ISD. Raymondville ISD may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the Vendor‘s proposal being disqualified. In the absence of any deviation(s) identified and described in accordance with above, Vendor must fully comply with the Terms and Conditions, Proposal Specifications, and all other requirements associated with this bid solicitation.

15. SPECIFICATIONS: are developed by the Raymondville ISD, to represent items of regularly manufactured products.

a. Raymondville ISD specifications have been developed to show minimal standards as to the usage, materials, and contents based on their needs.

b. Manufacturer's specifications, when used by the Raymondville Independent School District, are to be considered informative to give the bidder information as to the type and kind requested. Proposals on any reputable manufacturers regularly produced product of such items similar and substantially equivalent will be considered,

c. If any conflict exists, specification will override referenced brand.

Compliance with all specifications and conditions is required. All proposals must include a detailed statement of exceptions taken to any part of the request.

16. EQUIVALENT CLAUSE: Whenever an article or material is defined in this solicitation by describing a proprietary product, or by using the name of a manufacturer, brand name or vendor, 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 to exclude other manufactured products or comparable quality, design and efficiency (as applicable).

17. SAMPLES: Samples may be requested, and are to be delivered by the bidder to the attention of the Purchasing Coordinator, 420 FM 3168, Raymondville, Texas 78580, or other location designated by the Purchasing Coordinator, for examination of such samples.

a. Notification of sample delivery must be sent to the Purchasing Coordinator via email and provide estimated delivery date, delivery tracking information, if applicable, actual delivery date, and who signed to accept delivery.

b. Samples needed for a proposal to be evaluated properly must be delivered within ten (10) working days from the time the vendor is notified.

c. Each sample must be clearly marked to show the bidder‘s name, address, proposal title and proposal item number for which the sample is being proposed.

d. Sample items from the successful bidder may be retained for the purpose of determining that the quality and workmanship of the delivered items comparable to the sample.

18. RESPONSIVE PROPOSAL: Proposals shall be deemed responsive if they comply with all material and administrative aspects of this procurement solicitation. No proposal will be accepted for any reason outside of the stipulations of the specified date and time and/or submission process of this RFP.

19. RESPONSIBLE VENDOR: A Vendor shall be deemed a responsible Vendor if: 1) adequate financial resources (or the ability to obtain such resources) are attested by initialing the Financial Health and Stability Affidavit; 2) able to comply with the delivery requirements; 3) the firm appears to be qualified, established, and regularly engaged in the type of business that provides the products and/or services herein; and 4) an adequate number of trained personnel are available to ensure the quality and performance and completion of contract within the specified time period; 5) Providing evidence of Financial Health and Stability. Vendors having a history of inconsistent service and unreliability will not be considered by Raymondville ISD to be a responsible bidder.

20. PENALTIES: If Vendor is unable to provide the goods or services at the prices quoted in Vendor‘s proposal or if Vendor fails to fulfill or abide by the terms and conditions of the Agreement, Raymondville ISD may take the following action(s):

a. Insist that Vendor honor the quoted price(s) specified in the Vendor‘s proposal;

b. Have Vendor pay the difference between Vendor‘s price and the price of the next acceptable proposal, as determined by Raymondville ISD;

c. Have Vendor pay the difference between Vendor‘s price and the actual purchase price of the good or service on the open market; and/or

d. Recommend that Vendor no longer be given the opportunity to submit a proposal to Raymondville ISD and/or that this Agreement be terminated.

21. RECORDS RETENTION: Vendor shall maintain its records and accounts in a manner that shall assure a full accounting for all goods and/or services provided by Vendor to Raymondville ISD, under this Agreement. These records and accounts shall be retained by Vendor and made available for review and copying by Raymondville ISD, for a period of not less than five (5) years from the date of completion of the services, receipt of goods, or the date of the receipt by Raymondville ISD, of Vendor‘s final invoice or claim for payment in connection with this Agreement, whichever is later. If an audit or compliance review has been announced, Vendor shall retain its records and accounts until such audit or compliance review has been completed. When Federal funds are expended by Raymondville ISD, Vendor further certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333.

22. RIGHT TO AUDIT: Raymondville ISD, Federal and/or State agency that has awarded Federal and/or State funds/grant(s) to Raymondville ISD, shall upon written notice, have the right to audit and examine all of Vendor‘s records and accounts relating to this Agreement and inspect any project performed by Vendor relating to this Agreement. Records subject to audit shall include, but are not limited to, all Purchase Orders resulting from this Agreement and records which may have a bearing on matters in connection with Vendor‘s work for Raymondville ISD and shall be open to inspection and subject to audit/review and/or reproduction by Raymondville ISD, to the extent necessary to adequately permit evaluation and verification of:

a. Vendors compliance with this Agreement and the requirements of the solicitation;

b. Compliance with procurement laws, policies, and procedures, including without limitation, reviewing/comparing pricing on invoices for Raymondville ISD;

c. Compliance with provisions for computing billings to Raymondville ISD, and/or

d. Any other matters related to this Agreement

23. OPEN RECORDS/PUBLIC INFORMATION: Raymondville ISD is a governmental entity subject to the Texas Public Information Act. Raymondville ISD considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act, (Texas Government Code, Chapter 552.001, et seq.,) after a contract/agreement is awarded or the procurement terminated. Proposers are hereby notified that Raymondville ISD strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of information. Any information deemed to be confidential by Proposer must be clearly noted on the page(s) where confidential information is contained, page-by-page and line-by-line the parts of the response which it believes are exempt; however, Raymondville ISD cannot guarantee that it will not be compelled to disclose all or part of any public record under the Texas Public Information Act, since information deemed to be confidential by Proposer may not be considered confidential under Texas law, or pursuant to a Court order. Vague or general claims to confidentiality will not be https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/xml/CFR-2014-title2-vol1-part200.xml#seqnum200.333 accepted. Raymondville ISD assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by proposers. Vendor waives any claim against and releases from liability Raymondville ISD, its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in the Agreement or otherwise created, assembled, maintained, or held by Vendor and determined by Raymondville ISD, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.

24. CONFIDENTIALITY: Vendor and Raymondville ISD agree to secure the confidentiality of all information and records in accordance with the applicable Federal and State laws, rules, and regulations. Vendor and Raymondville ISD 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.

25. INSPECTION AND ACCEPTANCE: Awarded Vendor(s) shall deliver the goods or services procured on this contract/agreement to the Raymondville ISD department, issuing a purchase order. If delivery cannot be made within the proper time period, the awarded vendor must receive authorization from the issuing Raymondville ISD department, for the delayed delivery. Raymondville ISD shall have the right to inspect the goods at delivery before accepting them. If defective, incorrect, or items not meeting specification are delivered, Raymondville ISD, may make the determination, in its sole discretion, to return the good(s) to the vendor at no cost to Raymondville ISD. The vendor shall be responsible for arranging the return of defective or incorrect good(s).

The vendor agrees to pay all shipping and handling costs for any such return shipment. If goods are not picked up within one (1) week after notification, the good(s) will become a donation to the Raymondville ISD, for disposition.

26. TITLE AND RISK OF LOSS: Whenever Raymondville ISD, is purchasing (and not leasing) an item under this Agreement, title and risk of loss shall pass upon the later of Raymondville ISD‘s acceptance of the item or payment of the applicable invoice.

27. FREIGHT: All deliveries under this Agreement shall be freight prepaid, Free on Board (FOB) destination, Full Freight Allowed, Inside Delivery and shall be included in all pricing in Vendors proposal unless otherwise clearly stated in writing in Vendor‘s proposal. The Raymondville ISD assumes no liability for goods delivered in damage or unacceptable condition. The successful bidder will handle all claims with carriers, and in case of damaged goods, will ship replacement goods immediately upon notification by Raymondville ISD of damage. Proposal prices will include all freight and delivery charges. Vendor is responsible for paying all freight, delivery, handling and other charges incurred in transporting and delivering products to Raymondville ISD and for the risk of loss until the product is delivered to and accepted by Raymondville ISD. Freight, delivery, handling and other charges incurred in transporting and delivering products to Raymondville ISD are to be prepaid by Vendor.

28. HOURS OF DELIVERY: Deliveries shall be made between 8:00 AM and 5:00 PM, at the designated Raymondville ISD administration facility, unless prior approval for after-hours delivery has been obtained from Raymondville ISD.

29. SHIPMENTS: Vendor shall ship ordered products within seven (7) working days for available goods and within four (4) to six (6) weeks for special-order items after the receipt of the purchase order unless otherwise previously agreed to, in writing, by Raymondville ISD. If a product cannot be shipped within that timeframe, Vendor shall notify Raymondville ISD of the reasons why the product has not shipped and shall provide an estimated shipping date, if applicable. Raymondville ISD may cancel the order if the estimated shipping time is not acceptable to Raymondville ISD, in its sole discretion. Consistent failure of a Vendor to meet delivery promises without a valid reason is cause for removal.

30. LEAD-TIME: Time of delivery is part of the proposal consideration and must be stated in definite terms and must be adhered to completely. Proposals must show the number of calendar days required to place the materials in possession of Raymondville ISD. Do not quote shipping dates. Failure to specify the lead-time may result in disqualification from consideration. Unrealistic short or long delivery promises may cause the bid to be disregarded.

31. SHORTAGES: Vendor and/or sales agents acting on the Vendor‘s behalf shall give 72-hour prior notice to the ordering entity of any anticipated shortages, back orders, and/or out-of-stock items prior to delivery. The Vendor must keep the ordering entity informed at all times on the status of the order. Default in promised delivery, without acceptable reason, authorizes Raymondville ISD to purchase goods elsewhere, and charge any increase in cost and handling to the defaulting Vendor. No substitutions are accepted with our prior written approval by Raymondville ISD.

a. Vendors must notify Raymondville ISD of any known shortages, back orders, out-of-stock items, etc.

that could affect multiple ordering entities for any extended period.

32. FORMATION OF A CONTRACT (DECLARATION OF COMPLIANCE): A response to this solicitation is an offer to contract/agreement with Raymondville ISD based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/proposal does not become a contract/agreement unless and until it is accepted by Raymondville ISD after approval by the Raymondville ISD School Board. Policy CH (Local) requires that all contracts or agreements shall be signed by the Raymondville ISD School Board, Superintendent, or their designee. No other personnel are authorized to execute or enter into contracts on behalf of the Raymondville ISD.

33. NON-EXCLUSIVE CONTRACT: Raymondville ISD reserves the right to award multiple contracts/agreements for each commodity category. Commodity categories are established at the sole discretion of Raymondville ISD. Nothing in this agreement may be construed to imply that Vendor has the exclusive right to provide products and/or services to Raymondville ISD. Any contract resulting from this solicitation is non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of Raymondville ISD.

Raymondville ISD is free to have multiple contracts for the awarded goods and services, and may initiate other procurement solicitations or purchasing activity with other vendors at any time, at Raymondville ISD‘s sole discretion. During the term of this Agreement, Raymondville ISD reserves 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. Additionally, Raymondville ISD may have a need to purchase additional items not identified in this bid solicitation. In the event that a Vendor has an existing Raymondville ISD Agreement, in the same Agreement title, upon award, the new Agreement will immediately supersede the older contract.

34. PRICING: All prices in Vendor‘s proposal should remain firm for the Term of the Agreement. Any price changes shall be presented to Raymondville ISD, for acceptance or rejection by Raymondville ISD, in its sole discretion, using the same format as was accepted in Vendor‘s original proposal. All price changes for goods and/or services provided under this Agreement must be approved, in writing, by the Raymondville ISD prior to taking effect. Proposer shall consider the following prior to determining pricing submissions:

a. Proposal price must be submitted on units of quantity specified and extended to show total.

b. Unit price must be shown with a minimum of 4 decimal places, when applicable.

c. In the event of discrepancies in extension, the unit price will govern.

d. Vendors are encouraged to provide pricing on specified items, even if no estimated quantity is stated.

e. Cost Plus a Percentage of Cost quotations are unallowable per Federal guidelines.

f. Discount from List Price or Cost Plus a Fee quotations are only acceptable with a stated discount and price list are provided with the proposal submission.

g. Proposer shall not include sales tax with any pricing. Raymondville ISD is exempt from Federal

Excise Tax, State Tax, and Local Tax. Tax exemption certificates will be furnished upon request by each participating entity.

h. Proposer agrees, upon issuance and acceptance of this proposal, to furnish awarded items at the bid price and all other conditions contained in the Terms and Conditions, Specifications, Attachments, forms and bid documents within this proposal solicitation.

i. Price reductions shall be offered immediately to Raymondville ISD upon becoming available at any time after award.

j. Title to all supplies and equipment shall pass to Raymondville ISD upon receipt except where hidden defects or other bid requirements or specifications are not met.

k. Raymondville ISD retains the right to request Special Pricing for the remaining contract period for products not specifically identified in this Proposal.

35. DISCOUNTS: Any discounts available to Raymondville ISD for early payment should be noted in the proposal.

Vendor(s) may propose volume discounts or other adjustments to the price for large orders. Discounts may be considered in determining low proposal.

36. CATALOG PRICING: Prices for the Catalogs are based upon Raymondville ISD receiving an identified discount from an established price list or cost plus a fixed fee as identified in the procurement solicitation for the Specifications Form. While established discount or fixed fee remains constant throughout Contract term, Stock List Price or actual Vendor Cost may vary during Contract term. Prices on this type of contract are based upon an approved price list or other approved method as identified in the procurement solicitation.

This type of contract provides for discounts from a current manufacturer's price list, a percentage add-on to a manufacturer's distributor/producers type price list or a custom price list. Current price list means the latest price list in effect between the "contract term" as shown on the RFP and the RFP opening date. Manufacturer's price list means a price list published in some form by the manufacturer of a product and available to and recognized by the trade. Custom price list means a price list especially prepared for a given bid. Raymondville ISD shall be the sole determinate as to acceptability. Price reductions shall be offered immediately upon becoming available to a vendor at any time after award.

a. The purpose of Specifications Form is to provide Raymondville ISD the opportunity to purchase specified items not identified in the Item specifications.

b. Pricing will be accepted as a percent (%) discount from stocking list price or cost plus a fixed fee.

c. Raymondville ISD may be required to perform their own Cost Analysis for items purchased through

Catalog Pricing for which the Purchasing Cooperative has not performed a Cost Analysis.

d. Raymondville ISD reserves the right to request ―Special Pricing‖ for items identified by

Raymondville ISD.

37. SPECIAL TOOLS AND TEST EQUIPMENT: If the price includes the cost of any special test equipment fabricated or required by the Vendor for the purpose of filling this order, such special tooling and/or test equipment and any related items shall become the property of Raymondville ISD, and shall be identified by the Vendor as such.

38. PRICE CHANGES: All pricing submitted with Proposal shall be considered firm, except as noted for Catalog pricing and Deviations and Exceptions accepted as part of the contract award.

a. Prices will be considered firm through the Contract term; however, adjustments to pricing may be allowed at midterm (effective January 1) and upon renewal of each contract term, unless otherwise quantified in the Proposal. Only those items qualifying for price adjustments due to market factors will be considered.

i. Raymondville ISD may use the Producer Price Index (PPI) as a more accurate index for basing product price escalations and de-escalations. More specifically, the monthly PPI Detailed

Report, Table 9: Producer Price Indexes and percent changes for commodity and service groupings and individual items, not seasonally adjusted will be used as the reference guide when approving price adjustments both up and down. (This table begins roughly on page 29 of the monthly report.)

ii. The base price from which all adjustments will be considered will be the currently awarded price.

Because the Bureau of Labor and Statistics releases the detailed report monthly, the most current published version will be used for analysis purposes. The report will indicate the percent change from the same month the prior year and this will serve as the basis for requested adjustment allowances.

iii. Additionally, the index has categories for the various types of products. The comparison will be made using the category that is of the closest match to the item requested for adjustment.

iv. Any adjustment approved shall not exceed the total annual percentage increase/decrease for said item.

b. All original Proposal pricing will remain firm for the contract term and any renewals that a justifiable price change is not submitted and approved.

c. Price changes, and supporting documentation for each item, must be provided to Raymondville ISD for review a minimum of thirty (30) days before the requested implementation.

d. Raymondville ISD will accept or reject proposed price increases after receipt of a properly submitted request from the Vendor, which includes documentation as to the nature of the change substantiated by the CPI and PPI, but not limited to additional consideration of the following indexes: The Food Institute Report, Urner Barry Market Indexes, Federal Market Order (FMO), and any other relevant commodity price indexes.

e. A description of the measurement device (i.e.- index) and the ―trigger‖ to cause the escalation must be submitted at time of price adjustments.

f. Raymondville ISD will respond to such requests by: 1) granting the request; 2) reassigning the item(s) to another awarded vendor; 3) rebidding the item(s); 4) taking any other action as deemed necessary.

g. If a properly submitted increase is rejected, the vendor may cancel such items from the contract by giving Raymondville ISD written notice. Cancellation will not go into effect for thirty(30) business days after receipt of the written request. Old prices must be honored on orders dated up to the official date of cancellation or contract term, whichever comes first.

h. Vendors are required to immediately implement any industry wide price decreases that become available.

i. Vendor(s) that adjust prices without prior written consent of Raymondville ISD will be required to issue credits to each affected Member District until allowable adjustment period and consent is provided.

39. PRODUCT SUBSTITUTIONS: Any and all substitutions require prior written approval by Raymondville ISD.

Raymondville ISD reserves the right to require the Vendor to offer possible substitutes if any material or equipment becomes unobtainable during the term of the contract.

a. If substitutions are made without prior written approval of the ordering entity, under Uniform Commercial Code, the entity shall retain the Right to Remedy and purchase the product(s) from another supplier, charging the difference of the bid price to the Vendor.

b. Any and all substitutions require prior written approval by Raymondville ISD.

c. Any and all substitutions shall be of equivalent or higher quality to awarded product and provided at the awarded product price unless prior agreement for alternate pricing is approved by Raymondville ISD.

d. The Vendor must contact the qualified ordering entity a minimum of 72-hours prior to shipment of the approved substitution.

e. If applicable, the product substitution request must be accompanied with CN Label or Nutritional

Analysis information, and/or other product information.

f. If substitutions are made without prior written approval of the ordering entity, under Uniform Commercial

Code, the entity shall retain the Right to Remedy and purchase the product(s) from another supplier, charging the difference of the bid price to the Vendor.

g. Approved substitutions shall be considered an extension of the currently awarded item and shall not require additional procurement processes by Raymondville ISD.

h. Vendors must notify Raymondville ISD of any known shortages, back orders, out-of-stock items, etc.

that could affect multiple ordering entities for any extended period.

i. Outstanding orders shall not be automatically amended with a substitution without approval by Raymondville ISD.

j. Approved substitutions due to manufacturer extended production/shipping issues must return to original bid award item when product becomes available in sufficient supply to warrant change, unless otherwise agreed upon by Raymondville ISD.

40. CUSTOMER SUPPORT: Vendor shall provide timely and accurate technical advice and sales support to Raymondville ISD.

41. ADDITION OF GOODS AND/OR SERVICES: Raymondville ISD may request special pricing for new goods and/or services throughout the term of this contract. Only goods and/or services not specified elsewhere in the contract may be considered new. Raymondville ISD reserves the right to request ―Special Pricing‖ through an Addendum. Special pricing allows for the addition of new goods and/or services introduced by existing awarded Vendors that may better serve Raymondville ISD needs. Raymondville ISD retains the right to add/modify goods and/or services throughout the contract term, if all parties are in agreement, for the following reasons are not considered ―new goods and/or services‖ and would not be cause for material change to the contract: 1) the replacement of items that were discontinued, reformulated, etc. during the contract year; 2) the replacement of goods and/or services no longer available due to market conditions, force majeure, etc.