S2025-1021 PROVIDE PACKAGE AND DELIVER SCHOOL SUPPLIES - SY25-26 - Posted.pdf

RFQ S2025-1021 COLORADO SPRINGS SCHOOL DISTRICT 11

Colorado Springs School District 11 Request for Quote (RFQ)

#S2025-1021

Provide, Package and Deliver School Supplies for Grades K-8 School Year 2025-2026

Date Issued: May 14, 2025

Quotes Due: May 28, 2025 2 p.m. Mountain Time

The District will post ALL RFP documents on D11’s website and Bidnet’s Strategic Sourcing Platform.

All Proposals must be submitted through Bidnet at:

https://www.bidnetdirect.com/colorado/colorado-springs-school-district-no-11

Register at Bidnet, in order to propose:

https://www.bidnetdirect.com/public/user-registration

Need Help? Please contact Bidnet directly at support@bidnet.com or 1.800.435-4603 Option 2 for technical questions or issues related to your submission. Please note, if you have previously registered in Bidnet, it is not necessary to register again.

POINT OF CONTACT:

Shantelle Bridges, Contracting Officer

Procurement and Contracting Department 5240 Geiger Blvd., Room 215 Colorado Springs, CO 80915

719- 477- 6074 Shantelle.bridges@d11.org https://www.bidnetdirect.com/colorado/colorado-springs-school-district-no-11 https://www.bidnetdirect.com/public/user-registration

OVERVIEW:

Colorado Springs School District 11 (hereinafter the “District” or “D11”) Procurement and Contracting Department is soliciting quotes to Provide, Package and Deliver School Supplies for Grades K-8.

1. SOLICITATION SCHEDULE

Solicitation Issued May 14, 2025 In Bidnet

Questions Due May 19, 2025 2 PM MT, in Bidnet Only

Amendment if Necessary May 23, 2025 In Bidnet

Quotes Due May 28, 2025 2 PM MT, in Bidnet

Estimated Award June 2, 2025

Questions about the RFQ will be due by 2 pm on May 19, 2025. Contractors are to submit questions, in writing to Contracting Officer, via Bidnet.

If necessary, the District will issue an addendum to the solicitation with clarifications.

SUBMISSION OF QUOTE: Quotes are due by May 28, 2025, 2 p.m., Mountain Time, via

Bidnet at https://d11.bidnetdirect.com Bidnet will not allow late submissions so we recommend you submit prior to the deadline in the event there are any problems.

2. PRICING

Vendor must submit all pricing on the Offer Sheet included in this RFQ as Attachment 3.

Contractors must ensure that they sign their quote, as required.

3. BASIS FOR AWARD

Award will be made on the basis of price and price-related factors (schedule, delivery, etc.)

notwithstanding value added judgments made by the District (related to company capacity, past performance on similar efforts). The District will review proposals and make recommendations to the Contracting Officer. The District reserves the right to reject any and all proposals should it be deemed in the best interest of the District. Each item in Paragraph 6 will be evaluated and should be addressed in your proposal. One Company will receive the entire award.

https://d11.bidnetdirect.com/

4. SCOPE OF WORK

D11 requires 14,444 kits of specific school supplies for grades K-8 to be pre-packaged, marked with the school and grade for which they are intended, packed onto pallets for each school, and delivered to the D11 Warehouse July 1 – July 28, 2025. There is no flexibility in the delivery dates. The D11 warehouse is located at 5260 Geiger Blvd, Colorado Springs, CO 80915. The awarded vendor will coordinate deliveries with Dustin Hayes, Warehouse Manager.

5. APPROVED EQUALS

Attachment 1 does not list products by brands, only by description. We request the best quality items at the best price available. You are encouraged to offer and price alternative brand names. Describe the alternates in the body of your proposal and use a separate sheet for pricing alternates.

6. PROJECT DESCRIPTION AND REQUIREMENTS

Attachment 1 provides the list of supplies by grade. Attachment 2 provides a list of the number of kits that are required, by grade and by school. We are also purchasing extra kits as described. Together these lists provide the entire supply requirement.

A simple proposal is all that is required and should be no longer than four pages, not including the Offer Sheet(s). Be sure to address each of the following items in your proposal in this order with headings that match the topics:

➢ Overall Approach: Describe how you will fulfill such a large order to ensure the delivery times and accuracy of kit contents. What is your company’s capacity to fulfill?

➢ Packaging: Suggest the most efficient and cost-effective method of packaging each individual kit to reduce costs and ensure safe arrival for distribution and utilization by the students. Each individual kit must be labeled with the grade level and school for which it is intended.

➢ Each Shipping pallet will contain only the kits for one school; do not mix schools on a pallet.

➢ Photo: Submit a photo of one sample kit to illustrate how each kit will look. Include labeling in the photo. A physical sample is NOT required.

➢ Describe your process and policy for replacing damaged kits.

➢ List two projects of similar size and requirements that you have done in the past three years. Include point of contact name, email and phone number, delivery location, dollar amount of project.

➢ List the brands you are proposing for products where there are more than one (e.g.

pencils, crayons, etc). The District requests the highest quality brands and the products available and will assess the costs for various brands proposed.

7. ATTACHMENTS

Attachment 1 – List of supplies by grade level

Attachment 2 – Number of kits required by school and by grade level

Attachment 3 – Offer Sheet (Pricing)

COLORADO SPRINGS SCHOOL DISTRICT 11 TERMS AND CONDITIONS (Revised July 2020)

Acceptance Agreement Seller’s commencement of work on the goods or services subject to this purchase order or shipment of such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this purchase order. Any acceptance of this purchase order is limited to acceptance of the express terms contained herein. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller’s acceptance is hereby objected to and rejected, but such proposals shall not operate as a rejection of this offer unless such variances are in terms of the description, quantity, price or delivery schedule of the goods, but shall be deemed a material alteration thereof, and this offer shall be deemed accepted by Seller without said additional or different terms.

Purchase Order Execution This purchase order shall not be deemed valid unless it is executed by an authorized contracting officer of the District. The District shall have no responsibility or liability for products or services delivered or performed prior to proper execution hereof in the form of a valid signature.

Delivery Unless otherwise specified, in the solicitation or in this order, delivery shall be F.O.B. destination. In its acceptance of any quotation, the District is relying on the promised delivery date, installation, or service performance as material and basic to its acceptance. Time is of the essence of this purchase, and if delivery of items or rendering of services is not completed by the time promised, the District reserves the right without liability in addition to its other rights and remedies to terminate this contract by notice effective when received by Seller as to items not yet shipped or services not yet rendered, and to purchase substitute items or services elsewhere and charge Seller with any loss incurred.

Termination for Convenience The District reserves the right to terminate this order or any part hereof for its sole convenience. In the event of such termination, Seller shall immediately stop all work hereunder, and shall immediately cause any of its suppliers or subcontractors to cease such work. Seller shall be paid a reasonable termination charge consisting of a percentage of the order price reflecting the percentage of the work performed prior to the notice of termination, plus actual direct costs resulting from termination. Seller shall not be paid for any work done after receipt of the notice of termination, or for any costs incurred by Seller’s suppliers or subcontractors which Seller could reasonably have avoided.

Termination for Cause The District may terminate this order or any part hereof for cause in the event of any default by the vendor, or if the vendor fails to comply with any of the terms and conditions of this offer. Failure to deliver products or services on time, deliveries of products or services which are defective or which do not conform to this order, and failure to provide District, upon request, reasonable assurances of future performance shall all be causes allowing District to terminate this order for cause. In the event of termination for cause, District shall not be liable to Seller, for any amount, and Seller shall be liable to District for any and all damages, sustained by reason of the default which gave rise to the termination.

Warranty Seller expressly warrants that all goods or services furnished under this agreement shall conform to all specifications and appropriate standards, will be new, and will be free from defects in material or workmanship. Seller warrants that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained, packaged, marked and labeled. Seller warrants that all goods or services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose for which goods or services of that kind are normally used. If Seller knows or has reason to know the particular purpose for which the District intends to use the goods or services, Seller warrants that such goods or services will be fit for such particular purpose. Seller warrants that goods or services furnished will conform in all respects to samples, inspection, test, acceptance or use of the goods or services furnished hereunder shall not affect the Seller’s obligation under this warranty and such warranties shall survive inspection, test, acceptance and use. Seller’s warranty shall run to District, its successors, assigns and customers, and users of products sold by District. Seller agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty promptly without expense to District, when notified of such nonconformity by District, provided District elects to provide Seller with the opportunity to do so. In the event of failure of Seller to correct defects in or replace nonconforming goods or services promptly, District, after reasonable notice to Seller, may make such corrections or replace such goods and services and charge Seller for the cost incurred by District in doing so.

Force Majeure District may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such goods at the direction of the District and shall deliver them when the cause affecting the delay has been removed. The District shall be responsible only for Seller’s direct additional costs in holding the goods or delaying performance of this agreement at District’s request. Causes beyond District’s control shall include government action or failure of the government to act where such action is required, strike or labor disputes, fire or unusually severe weather.

Indemnification In the event any article sold or delivered under this purchase order is covered by any patent, copyright, trademark, or application therefore, the seller will indemnify and hold harmless the District from any and all loss, liability, cost expenses and legal fees incurred on account of any claims, legal actions, or judgments arising out of manufacture, sale or use of such article in violation, infringement or the like of rights under such patent, copyright, trademark or application. If this purchase order is for services, to the extent authorized by law, the seller shall indemnify, save, and hold harmless the District, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result on any act or omission by the seller, or its employees, agents, subcontractors or assignees arising our of or in connection with performance of services ordered by the purchase order.

Insurance Seller shall maintain all necessary insurance coverage, including public liability and Workers’ Compensation Insurance. Seller shall indemnify and save harmless and defend District from any and all claims or liabilities arising out of the work.

Independent Contractor In the event that Seller’s performance hereunder requires or contemplates performance of services by Seller’s employees, or persons under contract to Seller, to be done on District property, the Seller agrees that all such work shall be done as an independent contractor and that the persons doing such work shall not be considered employees of the District.

Changes The District shall have the right at any time to make changes in drawings, designs, specifications, materials, packaging, time and place of delivery and method of transportation. If any such changes cause an increase or decrease in the cost, or the time required for the performance, an equitable adjustment shall be made. All such changes will result in a written modification to the purchase order.

Inspection/Testing Payment for the goods delivered hereunder shall not constitute acceptance thereof. The District shall have the right to inspect such goods and to reject any or all of said goods which are in District’s judgment defective or nonconforming. Goods rejected and goods supplied in excess of quantities called for herein may be returned to Seller at its expense, in addition to District’s other rights. The District may charge Seller all expenses of unpacking, examining, repacking and reshipping such goods. In the event District receives goods whose defects or nonconformity is not apparent on examination, the District reserves the right to require replacement, as well as payment of damages. Nothing contained in this purchase order shall relieve, in any way, the Seller from the obligation of testing, inspection, and quality control.

Assignments and Subcontracting No part of this order may be assigned or subcontracted without prior written District approval.

Anti-kickback Act The Anti-kickback Act of 1986 applies to this order.

Disputes This purchase order is subject to Contract Disputes under Colorado Revised Statutes (CRS) Title 24 Article 109, and the District Contract Regulation (DAR) Part 7. Except as provided in the CRS, all disputes arising under or relating to this purchase order shall be resolved under this clause. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of purchase order terms, or other relief arising under or relating to this purchase order. However, a written demand or written assertion by the Seller seeking the payment of money exceeding $50,000 is not a claim until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted, is not a claim. The submission may be converted to a claim, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. A claim by the Seller shall be made in writing and, unless otherwise stated in this contract, submitted within six months after accrual of the claim to the Contracting Officer for a written decision. A claim by the District against the Seller shall be subject to a written decision by the Contracting Officer. The Seller shall provide the certification of this clause when submitting any claim exceeding $50,000. The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. The Contracting Officer's decision shall be final unless the Seller appeals to the Head of the Purchasing Agency or the Executive Director, or files a suit as provided in the CRS. As defined in CRS 24-101-301: The Head of Purchasing Agency is the Deputy Superintendent/Chief Financial Officer; The Executive Director is the Superintendent. If the claim by the Seller is submitted to the Contracting Officer or a claim by the District is presented to the Seller, the parties agree, first to attempt to resolve the dispute through Alternative Dispute Resolution (ADR). The parties agree not to discuss any dispute with the press/media during the resolution process. Interest will be computed in accordance with CRS 24-109-

301. The Seller shall proceed diligently with performance of this purchase order, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

Governing Law As a governmental entity of the State of Colorado, Colorado Springs School District 11 must comply with the laws of the State of Colorado. The parties acknowledge that the Governing Laws for this agreement must be a venue that acknowledges and preserves the status of the School District under Colorado Governmental Immunity Act, specifically at Section 24-10-101, et. seq., C.R.S.

Service of Protest Protests, in accordance Colorado Revised Statutes 24-109-102, may be served by an actual or prospective Seller, who is aggrieved in connection with a request for quotations or any purchase order resulting there from to the Contracting Officer or the Head of the Purchasing Agency. In the case of CSSD11, the Head of the Purchasing Agency is the Deputy Superintendent/Chief Financial Officer. Any protest shall be submitted in writing within seven working days after such aggrieved person knows or should have known of the facts giving rise thereto.

Illegal Aliens If Provider has any employees or subcontractors, Provider shall comply with § 8-17.5, C.R.S. regarding Illegal Aliens – Public Contracts for Services, and this section of this Agreement. 8-17.5-102 includes, in part, that:

1. Provider shall not:

a. Knowingly employ or contract with an illegal alien to perform work under this Agreement; or

b. Enter into a contract with a subcontractor that fails to certify to Provider that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.

2. Provider has verified or attempted to verify that Provider does not employ any illegal aliens and, will participate in the E-Verify Program or State Department program in order to confirm eligibility of all employees who are newly hired to perform work under public contract for services.

3. Provider will not use E-Verify Program or State Department program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed.

4. If Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Provider shall:

a. Notify the subcontractor and the District within three days that Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and

b. Terminate the subcontract with the subcontractor if within three days of receiving the notice under 4.a., the subcontractor does not stop employing or contracting with the illegal alien.

However, the Provider shall not terminate the contract with the subcontractor if during this three day period

i. The subcontractor provides information which establishes that the subcontractor has not knowingly employed or contracted with an illegal alien; and

ii. The Provider will not employ the illegal aliens in the performance of any District contract.

5. Provider shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in §8-17.5-102(5), C.R.S.

6. If Provider violates this provision, the District may terminate the Agreement for a breach of contract. If the Agreement is terminated, the Provider shall be liable for actual and consequential damages.

Payment

Payment by Electronic Funds Transfer

(a) Method of payment.

(1) All payments by the District under this contract shall be made by direct deposit using electronic funds transfer (EFT) except as provided in paragraph (a)(2). The term “EFT” refers to the funds transfer and may also include the payment information transfer. The term “Contractor” is understood to mean “Vendor” as indicated on the District 11 Direct Deposit Form (see j)

(2) In the event the District is unable to release one or more payments by EFT, the Contractor agrees to either:

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the District to extend payment due dates until such time as the District makes payment by EFT.

(b) Submission of Contractor's EFT information.

(1) The Contractor is required to provide the District with the information required to make payment by EFT (see paragraph (j)). The Contractor shall provide this information directly to the designated payment office (see paragraph (k)). In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office.

(2) EFT information supplied to the District shall be applicable only to contracts that identify the District as the payment office.

(c) Mechanisms for EFT payment. The District may make payments directly through electronic means to the indicated financial account provided by the vendor.

(d) Suspension of payment.

(1) The District is not required to make any payment under this contract until after receipt, by the designated District payment office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.

(2) If the EFT information changes after submission of correct EFT information, the District shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor’s request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the District used the Contractor’s EFT information incorrectly, the District remains responsible for:

(i) Making a correct payment; and

(ii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or was revised within 30 days of District release of the EFT payment transaction instruction to the Federal Reserve System, and:

(i) If the funds are no longer under the control of the payment office, the District is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds;

or

(ii) If the funds remain under the control of the payment office, the District shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment requirements if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) to the designated office, and shall be paid by EFT in accordance with the terms provided herein. In all respects, the requirements shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the District, is incorrect EFT information within the meaning of paragraph (d).

(h) Liability for change of EFT information by financial agent. The District is not liable for errors resulting from changes to EFT information provided by the Contractor’s financial agent.

(i) Payment information. Payment information will be provided via e-mail to the designated e-mail address provided by the Contractor.

(j) EFT information. The Contractor shall complete the required information regarding the financial institution and account and obtain the signature of an authorized agent on a District 11 Direct Deposit Form which can be obtained from the Contracting Officer of the Designated Payment Office. The completed form may be returned by mail or facsimile to the Designated Payment Office.

(k) The Designated Payment Office for this contract is:

Colorado Springs School District 11 Accounts Payable Department

1115 N El Paso Street

Colorado Springs, CO 80903

Invoicing

Email invoices to the Contracting Officer (see “buyer” on the first page of the PO):

Facilities Contracting Department

5240 Geiger Blvd

Colorado Springs, CO 80915

Email: shantelle.bridges@d11.org

Special Provisions Purchase Order Terms and Conditions – Amended July 28, 2020 for Federally funded purchases. The following apply only if the purchase order specifies “This purchase is funded with federal

“(name of grant)” funds.

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

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

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

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive

Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,

p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal

Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal

Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions mailto:shantelle.bridges@d11.org

Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of

Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public

Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.

3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government

Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-

1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water

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

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR

180.220) must not be made to parties listed on the governmentwide exclusions in the System for

Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement

Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.

235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any

Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See §200.322 Procurement of recovered materials.

ATTACHMENT 1

LIST OF SUPPLIES BY GRADE

ATTACHMENT 2

NUMBER OF KITS REQUIRED BY SCHOOL AND GRADE

ATTACHMENT 3

OFFER SHEET