Lake Dallas Independent School District

Transcription

1 Lake Dallas Independent School District REQUEST FOR PROPOSAL DISCOUNT FOR JANITORIAL SUPPLIES Response DUE: 3:00 P.M. May 30, 2018 ENVELOPE MUST BE ADDRESSED TO: Lake Dallas ISD Attn.: Melanie Bristow 104 Swisher Road P.O. Box 548 Lake Dallas, TX INSTRUCTIONAL AND OFFICE SUPPLIES FOR SCHOOL YEAR LAKE DALLAS INDEPENDENT SCHOOL DISTRICT PO BOX E. HUNDLEY and DRIVE LAKE DALLAS, TEXAS PLAINLY MARKED: PROPOSAL ENCLOSED: LDISD RFP # Page 1 of 32

2 DISCOUNT FOR GENERAL JANITORIAL SUPPLIES RFP # NOTICE TO PROPOSERS: Lake Dallas ISD will accept sealed proposals at the LDISD Central Services building until 3:00 PM on Wednesday, May 30, 2018, for Discounted Janitorial Supplies. No proposals will be accepted after that time and date. No FAX or proposals will be accepted. Please include three (3) complete paper copies of your proposal and one (1) electronic copy on a flash drive. Mark plainly on the outside of the sealed envelope: PROPOSAL ENCLOSED: LDISD RFP # Proposals may be hand delivered to LDISD Central Services at 104 Swisher Road, in Lake Dallas, Texas, or may be mailed to: Lake Dallas ISD Attn: Melanie Bristow, Purchasing Dept. P.O. Box 548 Lake Dallas, Texas BACKGROUND: Lake Dallas ISD (LDISD) is a K-12 public school district in Denton County serving a student enrollment of over 4,000. The District currently consists of 5 campuses and 3 administrative and support sites. The intention of this Request for Proposal (RFP) is to solicit proposals for discounted general Janitorial Supplies for LDISD. For information regarding the proposal process or questions, please contact Melanie Bristow at or mbristow@ldisd.net. SCOPE OF PROPOSAL: Vendors interested in providing janitorial supplies to Lake Dallas ISD may submit a proposal in response to this Request for Proposal. This RFP is for janitorial supplies including, but not limited to, cleaning supplies, chemicals, paper products, can liners, floor finish/supplies, and any other miscellaneous custodial/janitorial supplies or equipment as may be needed. Please submit a percentage discount off related items. If there is a zero discount, please mark 0% in the response sheet to better evaluate your company. After the evaluation and approval process, approved vendors will be placed on the District Approved Vendor List for the school year. Respondents to this RFP are advised that an interlocal agreement exists between LDISD and the Educational Purchasing Cooperative of North Texas (EPCNT). The vendor has the opportunity to make this RFP available to EPCNT if they choose to do so. If the RFP is accepted by LDISD and the vendor has completed the EPCNT form within this document, other school members of EPCNT will be able to take advantage of the proposed pricing through this RFP. Page 2 of 32

3 0. Special Terms and Conditions 1. To allow for competition as the District utilizes funding to make day-to-day purchases, it is the intent of the District to award to multiple vendors as determined to be the best value to Lake Dallas Independent School District. 2. Vendors with a proper complete, and on time response will be considered for award. 3. Any awards or contracts resulting from this document and the process described herein are not an exclusive award or a guaranteed quantity or volume, and Lake Dallas ISD reserves the right to purchase goods or services described herein from other sources. 4. The District reserves the right to issue supplemental awards and approve additional Vendors for the same or similar items/services during the agreement period if it is determined to be in the best interest of the District. Vendors who have been successfully awarded and are within a current, unexpired contract term are not required to respond to similar or supplements bids/proposals to maintain their award through this proposal. 5. LDISD reserves the right to reissue an RFP; reject or cancel any or all proposals; waive as an informality, minor deviations from the specifications or procedure if it is determined that the best value for the District and the overall function is not impaired, the District being the sole and independent judge. 6. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract. 7. Proposals shall represent a true and correct statement and shall contain no cause for claim of omission or error. Late Solicitation Responses will not be considered under any circumstances. 8. All interpretations or clarifications considered necessary by and approved by the District, in response to Proposer s requests, will be issued in the form of an Addendum. 9. Schools and Departments will be issuing individual purchase orders for items purchased. LDISD will not be responsible for any goods delivered or services performed without a properly executed purchase order. The vendor will be responsible for obtaining a current authorized purchase order signer list from the District. 10. District retains the right to terminate this contract or any portion thereof at its convenience at no further cost or obligation to the District upon written notice to the vendor. The District will provide notice to vendor at least thirty (30) days in advance of the effective date of such termination. 11. Contract Transfer or assignment of by the Vendor is prohibited. 12. Vendor accepts full responsibility for adhering to Senate Bill 9 requirements. 13. Vendor agrees to subject this proposal to the Texas Public Information Act. 14. The vendor shall thoroughly investigate the background of each employee assigned to LDISD property and shall not assign any employee on a full or part-time basis who has been convicted of a felony or crime involving moral turpitude or any relationship with a child. When personnel are on the campus, there should be no contact or interaction with students. 15. All items and service must conform to all appropriate local, state, and federal laws, ordinances and regulations. 16. The District reserves the right to utilize other District contracts, State of Texas contracts, contracts awarded by other governmental agencies, other school boards, or cooperative agreements in lieu of any offer received or award made as a result of this proposal, if it is in its best interest to do so. 17. The District reserves the right to make an award decision without discussion with any Proposer, after proposal responses are received. Proposers responses should therefore be submitted completely with the most favorable terms. Page 3 of 32

4 I. Contract Term 1. The initial contract period will be July 1, 2018 to June 30, Prior to the end of the initial period the District will review the terms and condition in consideration of extending the contract for a second year beginning in July A third year option will be considered to begin in July The above extensions are contingent upon the mutual agreement of both parties. The Vendor s agreement response shall be stated within this document, and the District s agreement will be given by written notice should it chose to exercise an extension. II. Pricing 1. It is the intent of this solicitation to establish a discount from a published price list. 2. The published price list may be the list, catalog, web, in-store, or specific price list given, so long as the price list is made available to the District. 3. The Vendor must indicate a primary discount applicable to all items given in the published price list, even if the discount is 0% or list price. 4. The vendor may offer multiple discounts so long as the vendor explicitly states how each discount is applied to the published price list and/or category. 5. The discount(s) offered in response to this RFP shall remain firm for the contract term duration, including contract extensions. The Vendor may request to make one annual revision to the discount(s) on the published price list. This request must be submitted in writing to the Lake Dallas ISD Business Office 30 days prior to the requested price change proposed date. The District maintains sole discretion to accept any request of price increase. No price changes may occur without the District s written approval. 6. Vendor agrees to exclude Federal and State sales and ad valorem taxes. III. Shipping 1. Unless otherwise indicated, all items will be unused and in first class condition, and shall be packaged in containers suitable for damage-free shipment. 2. All prices shall be F.O.B. Destination and shall include all delivery and packaging costs. The District assumes no liability for goods delivered in damaged or unacceptable condition. The successful vendor shall handle all claims with carriers, and in the case of damaged goods, shall ship replacement item(s) as soon as possible upon notification by the District of damage, and shall make any and all arrangements and adjustments necessary at no expense to the District. Page 4 of 32

5 IV. Proposal Evaluation Lake Dallas ISD will award contracts based upon the best value for the District. It is not the practice of the District to purchase on the basis of low price alone. Contracts may be awarded on a lump sum basis or on a unit price basis, provided that in the event a contract specifies a unit price basis, the compensation paid by LDISD shall be based upon the actual quantities supplied. In determining the best value offer, LDISD may consider, in addition to price, other factors such as compliance with the RFP documents, delivery requirements, suitability of product, costs of maintenance and operations, training requirements, warranties, availability of repairs or other services, past performance of the vendor, other factors contributing to the overall costs, both direct and indirect, related to an item, and compliance with LDISD s policies and goals. 1. A proposal, in order to be considered, must include the properly executed Proposal Response Form and all required forms listed on the Required Forms Checklist found at the end of this RFP document. 2. Respondents taking exception to the terms and conditions or specifications of this proposal shall state these exceptions plainly on the Exception Page of the proposal document. The exceptions or deviations shall clearly identify the item that the exception or deviation applies to and explain in detail why the respondent cannot respond with items or service as specified in the Request for Proposal. If no exceptions are indicated on the submitted form, it will be assumed that the respondent s proposal complies with our document. 3. The District shall consider the following in determining award to vendors: a. The purchase price b. The reputation of the vendor and of the vendor s services c. The quality of the vendor s goods and/or services d. The extent to which the goods or services meet the District s needs e. The vendor s past relationship with the District f. The impact on the liability of the District to comply with laws and rules relating to historically underutilized businesses g. The total long-term cost to the District to acquire the vendor s goods h. Any other relevant factor specifically listed in this proposal request 4. The District anticipates awarding this contract to multiple vendors. Failure to submit a proposal in response to this document may prohibit future purchases from the District. 5. The District shall be the sole judge of acceptable proposal responses. 6. If awarded, the successful vendor(s) will receive notification of award. Page 5 of 32

6 V. Award Requirement: Disclosure of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The disclosure requirement applies to a contract entered into on or after January 1, After Board of Trustee authorization, the successful Vendor(s) will be required to complete an electronic Form 1295 on the Texas Ethics Commission website ( prior to entering into a contract with the District in accordance with this statute. Additional information is available on the Texas Ethics Commission website at Submission of a response to this RFQ indicates respondent s acceptance and intended compliance with this requirement. House Bill 89 Verification & Senate Bill 252 Requirements: The 85 th Texas Legislature recently approved legislation under House Bill 89 that forbids state agencies, including Texas Public School Districts, from conducting business with companies that boycott the state of Israel. In compliance with this legislation, LDISD is required to obtain documentation that any companies, agencies or individuals we contract with will provide this affirmation in writing with each new contract or agreement signed. The 85 th Texas Legislature also broadened existing legislation forbidding contracts and investments with companies doing business with the Sudanese and Iranian governments, or any foreign terrorist organization. As a result, LDISD will comply with requirements including certification of viewing the most current Comptroller s office published website lists, then completing Form SB 252 with each new contract or agreement signed. Information on HB 89 or SB 252 can be found at: Submission of a response to this RFQ indicates respondent s acceptance and intended compliance with each of these award requirements. Page 6 of 32

7 VI. Proposal Response LAKE DALLAS INDEPENDENT SCHOOL DISTRICT PROPOSAL RESPONSE CHECKLIST RFP response must include: Three (3) paper copies & one (1) electronic copy on a flash drive Proposal Response Form Proposal Offer Deviation and Exceptions Form Vendor Data Form Vendor References EPCNT Form Felony Conviction Notification Form CIQ Questionnaire W9 Form Vendor Certification Forms Other Documentation Page 7 of 32

8 PROPOSAL RESPONSE FORM The undersigned authorized representative of the responding company indicated below hereby acknowledges: That he/she is authorized to enter into contractual relationship on behalf of the responding company indicated below; That he/she has carefully examined this document in its entirety; The he/she proposes to supply any products/services submitted under this solicitation at the prices quoted and in strict compliance with all terms, conditions, policies and procedures, unless otherwise explicitly noted in accordance with this document procedures for deviations/exceptions; That any and all exceptions have been noted in writing in the response and that no other exception will be claimed; The accuracy of all certifications required (including but not limited to, the Felony Conviction Notice) which accompany this offer; The stated organization is an equal opportunity employer; That the prices in this offer have been determined independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter related to such prices, with any other vendor or with any competitor; That the organization has not been a party to any collusion among offer/vendors in restraint of freedom of competition by agreement to offer at a fixed price or to refrain from offering; or with any District employee, Board Trustee, or consultant as to quantity, quality, or price in the prospective contract, or in any terms of the prospective contract except in any authorized discussion(s) with LDISD s Purchasing personnel; or in any discussions or actions between offer/vendors and any LDISD employee, Board Trustee, or consultant concerning exchange of money or other things of value for special consideration in the award of this contract; and That neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Name of Company: Date: Signature of Authorized Rep: Printed Name: Phone: Position or Title: Fax: FAILURE TO SIGN THIS FORM MAY RESULT IN DISQUALIFICATION. Page 8 of 32

9 PROPOSAL OFFER Multiple catalogs, with the same discount percentage, may be submitted under one company name. Indicate the percent discount you will offer Lake Dallas Independent School District from your list, catalog, web or walk-in price or price list. If no discount is offered, please enter 0 for your proposal to be considered complete. If discounts vary from product to product, give the range of discount (e.g., 10%-55%). Use additional sheets if necessary. List any exclusions or additional information to your proposal on the enclosed Deviation/Compliance Form. 1. Cost Proposal Section % Discount: Discount basis (Check and complete associated information): Catalog, Name of Catalog: Online, Website Address: In-Store Pricing Shipping Information (Check and complete associated information): % of Order: % $ Flat Rate Charge: $ Free Shipping Other, Explain: If this format does not fit your response, please utilize the space below to provide the District with any necessary information regarding discount pricing or shipping: 2. Renewal Option The vendor has the option to offer a renewal agreement. It is understood all terms, conditions, and prices/discounts submitted on the bid will be held firm for renewal agreements. If the District chooses to exercise a renewal agreement, written consent will be given by the District with no further action required by the vendor. Renewal agreement offer for July 1, 2019 June 30, 2020? Yes No Renewal agreement offer for July 1, 2020 June 30, 2021? Yes No Page 9 of 32

10 DEVIATION AND EXCEPTIONS FORM/COMPLIANCE SIGNATURE FORM COMPANY NAME ADDRESS CITY STATE ZIP PHONE NUMBER FAX NUMBER If the undersigned proposer intends to deviate from the General Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations/exceptions must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations/exceptions in its bid award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the proposer assures the District of their full compliance with the General Terms and Conditions, Item Specifications, and all other information contained in the Proposal Invitation. If yes is checked, please list below: No Deviation Yes Deviation Page 10 of 32

11 VENDOR DATA FOR PURCHASE ORDER: ORDERING ADDRESS INFORMATION Company Name: Address: City, State, Zip: Contact Person / Title Phone: Fax: Website: May we submit orders via Website? (Yes/No): address: May we submit orders via ? (Yes/No): PO address, if different: Company Name: Address: City, State, Zip: Contact Person / Title Phone: address: Company Name: Address: City, State, Zip: Contact Person / Title: Phone: Fax: address: FOR PAYMENTS: REMITTANCE ADDRESS INFORMATION FOR BID NOTIFICATION: BID NOTICE ADDRESS INFORMATION Has your firm been awarded a contract by any of the following cooperatives? Please circle: BuyBoard / ChoicePartners / DIR / PACE / TCPN / TIPS/TAPS / US Communities/ GSA / EPCNT If applicable, please provide contract number(s). Page 11 of 32

12 VENDOR REFERENCES The Proposer is to submit three (3) references that have previously contracted with their company to provide like products and/or services. It is recommended that the Vendor show school districts or other local government organizations equal to LDISD in size and structure, if possible. 1. Organization Name: Contact Name: Address: Phone Number: Fax Number: Address: 2. Organization Name: Contact Name: Address: Phone Number: Fax Number: Address: 3. Organization Name: Contact Name: Address: Phone Number: Fax Number: Address: Page 12 of 32

13 EDUCATIONAL PURCHASING COOPERATIVE OF NORTH TEXAS (EPCNT) FORM The Texas Education Code (a)(5) allows for government entities, i.e. state agencies, local governments and school districts, to enter into cooperative agreements to allow the procurement process to be performed by a single entity on behalf of all those electing to participate. Approximately 71 school districts in the area have formed, through an inter-local agreement, the Educational Purchasing Cooperative of North Texas (EPCNT). Below is a list of all schools that are included in the ESC 10 and 11. Not all are EPCNT members but could be in the future. See a list of current member districts at or for more information on the cooperative visit: Allen ISD Alvarado ISD America (Texans) Can! Argyle ISD Aubrey ISD Azle ISD Birdville ISD Bonham ISD Bridgeport ISD Burleson ISD Carroll ISD Carrollton-Farmers Branch ISD Cedar Hill ISD Cleburne ISD Commerce ISD Community ISD Coppell ISD Crowley ISD Dallas ISD Decatur ISD Denton ISD DeSoto ISD Duncanville ISD Eagle Advantage Schools Eagle Mountain-Saginaw ISD Educational Service Center X Educational Service Center XI Ennis ISD Everman ISD Faith Family Academy of Oak Cliff & Waxahachie Forney ISD Fort Worth ISD Frisco ISD Gainesville ISD Garland ISD Granbury ISD Grand Prairie ISD Grapevine-Colleyville ISD Greenville ISD H-E-B ISD Irving ISD Joshua ISD Keller ISD Kennedale ISD Lake Dallas ISD Lake Worth ISD Lancaster ISD Lewisville ISD Little Elm ISD Lovejoy ISD Mansfield ISD McKinney ISD Mesquite ISD Midlothian ISD Northwest ISD Plano ISD Ponder ISD Prosper ISD Quinlan ISD Red Oak ISD ResponsiveED Richardson ISD Rockwall ISD Rylie Family Faith Academy, Inc. Sherman ISD Terrell ISD Venus ISD Waxahachie ISD Weatherford ISD White Settlement ISD Wylie ISD Lake Dallas ISD encourages vendors to check yes to the EPCNT clause allowing member districts to buy under an awarded procurement with the same terms. This streamlines the public purchasing process and cuts costs to the public. It also keeps vendors from having to answer multiple bids for many school districts for the same product(s) or services, thereby saving the vendors resources. Vendor may offer lower pricing due to volume of purchase, but may not charge more than the unit costs or listed discounts in the response. Do not, however, check yes if doing so would be detrimental to Lake Dallas ISD pricing, terms, or conditions in your response. If vendor checks yes, the following will apply: Members and participants of the EPCNT will be eligible, but not obligated, to purchase materials or services under the contract awarded as a result of this solicitation. All purchases by members and participants, other than Lake Dallas ISD, will be billed directly to the purchasing entity and paid by said entity. Lake Dallas ISD will not be responsible for another entity's debts. Each governmental entity will order its own materials/services as necessary and according their policies. Do you wish to participate in the EPCNT cooperative as listed above? Yes No Authorized Signature: Date: Printed Name: Company: Page 13 of 32

14 FELONY CONVICTION NOTICE State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History, Subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. This Notice Is Not Required of a Publicly Held Corporation (I) (We), the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. COMPANY NAME: Check the appropriate box and sign the form. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official: My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official: My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. Name of Felon(s): Details of Conviction(s): Signature of Company Official: Page 14 of 32

15 NOTICE TO VENDORS Conflict of Interest Disclosure Statements Texas Local Government Code, Chapter 176 Vendors are required to file a Conflict of Interest Questionnaire with the District if a relationship exists between the vendor s company and an officer of the District. Vendors are encouraged to review and become familiar with all disclosure requirements of Texas Local Government Code, Chapter 176. Disclosure is required from vendors regarding each affiliation or business relationship between the vendor and: 1. an officer of the District; 2. an officer of the District that results in the officer or family member receiving taxable income; 3. an officer of the District that results in the vendor receiving taxable income that does not come from the District; 4. a corporation or other business entity in which an officer of the District serves as an officer or director, or holds an ownership interest of 10% or more; 5. an employee or contractor of the District who makes recommendations to an officer of the District regarding the expenditure of money; 6. an officer of the District who appoints or employs an officer of the District that is the subject of the questionnaire; and 7. any person or entity that might cause a conflict of interest with the District. Forms must be filed no later than the seventh business day after the date that the person begins contract discussions or negotiations with the government entity, or submits to the entity an application, response to a request for proposal or bid, correspondence, or other writing related to a potential agreement with the entity. The vendor also shall file an updated questionnaire: 1. no later than September 1 of each year in which a covered transaction is pending; and, 2. the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate. A vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but before September 1 of the current year. Board of Directors of Lake Dallas ISD: Lance Stacy, President Chad Thiessen, Vice President Glen Gowans, Secretary Steve Payne, Member Scott Baird, Member Tim Hicks, Member Courtney Tankersley, Member Officers of Lake Dallas ISD: Dr. Gayle Stinson, Superintendent Wes Eversole, Deputy Superintendent/CFO Other Employees of Lake Dallas ISD: Anne Haehn, Director of Accounting Melanie Bristow, Purchasing/AP Coordinator Page 15 of 32

16 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. FORM CIQ OFFICE USE ONLY Date Received 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section (a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Page 16 of 32

17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ Page 2 For vendor or other person doing business with local governmental entity 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date Page 17 of 32

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19 VENDOR CERTIFICATION FORMS (EDGAR COMPLIANCE) REQUIRED PROVISIONS FOR NON FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200. The following provisions are required when federal funds are expended by Lake Dallas ISD. The Lake Dallas ISD is the subgrantee or subrecipient by definition. 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. Pursuant to Federal Rule (A) above, when federal funds are expended by Lake Dallas ISD, Lake Dallas ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does vendor agree? YES Initials of Authorized Representative of Vendor (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when federal funds are expended by Lake Dallas ISD, Lake Dallas ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Lake Dallas ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Lake Dallas ISD believes, in its sole discretion that it is in the best interest of Lake Dallas ISD to do so. The vendor will be compensated for work performed and accepted and goods accepted by Lake Dallas ISD as of the termination date if the contract is terminated for convenience of Lake Dallas ISD. Any award under this procurement process is not exclusive and Lake Dallas ISD reserves the right to purchase goods and services from other vendors when it is in the best interest of Lake Dallas ISD. Does vendor agree? YES Initials of Authorized Representative of Vendor Page 19 of 32

20 (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 must include the equal opportunity clause provided under 41 CFR (b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 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. Pursuant to Federal Rule (C) above, when federal funds are expended by Lake Dallas ISD on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Not Applicable / No initials required. (D) Davis Bacon Act, as amended (40 U.S.C ). 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 , and ) as supplemented by Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction ). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland Anti Kickback Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ). The Act provides that each contractor or 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. Pursuant to Federal Rule (D) above, when federal funds are expended by Lake Dallas ISD, during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis Bacon Act provisions. Not Applicable / No initials required. Page 20 of 32

21 (E) Contract Work Hours and Safety Standards Act (40 U.S.C ). 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 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C 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 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. Pursuant to Federal Rule (E) above, when federal funds are expended by Lake Dallas ISD, the vendor certifies that during the term of an award for all contracts by Lake Dallas ISD resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act. Not Applicable / No initials required. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of funding agreement under 37 CFR (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. Pursuant to Federal Rule (F) above, when federal funds are expended by Lake Dallas ISD, the vendor certifies that during the term of an award for all contracts by Lake Dallas ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does vendor agree? YES Initials of Authorized Representative of Vendor (G) Clean Air Act (42 U.S.C q.) and the Federal Water Pollution Control Act (33 U.S.C ), 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 q) and the Federal Water Pollution Control Act as amended (33 U.S.C ). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Page 21 of 32

22 Pursuant to Federal Rule (G) above, when federal funds are expended by Lake Dallas ISD, the vendor certifies that during the term of an award for all contracts by Lake Dallas ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does vendor agree? YES Initials of Authorized Representative of Vendor (H) Debarment and Suspension (Executive Orders and 12689) A contract award (see 2 CFR ) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders (3 CFR part 1986 Comp., p. 189) and (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 Pursuant to Federal Rule (H) above, when federal funds are expended by Lake Dallas ISD, the vendor certifies that during the term of an award for all contracts by Lake Dallas ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. Does vendor agree? YES Initials of Authorized Representative of Vendor (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 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. Pursuant to Federal Rule (I) above, when federal funds are expended by Lake Dallas ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by Lake Dallas ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: 1. No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. Page 22 of 32

23 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all covered sub awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does vendor agree? YES Initials of Authorized Representative of Vendor (J) RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS 2 CFR When federal funds are expended by Lake Dallas ISD for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR The vendor further certifies that vendor will retain all records as required by 2 CFR for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does vendor agree? YES Initials of Authorized Representative of Vendor (K) CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When federal funds are expended by Lake Dallas ISD for any contract resulting from this procurement process, the vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321, et seq.; 49 C.F.R. Part 18; Pub. L , 89 Stat. 871). Does vendor agree? YES Initials of Authorized Representative of Vendor (L) CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does vendor agree? YES Initials of Authorized Representative of Vendor Page 23 of 32

24 (M) CERTIFICATION OF NON COLLUSION STATEMENT VENDOR/CONTRACTOR certifies under penalty of perjury they are duly authorized to execute this contract, and that it s response to this procurement solicitation as to the prices, terms or condition of said solicitation is, in all respects, bona fide, fair and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity. Does VENDOR/CONTRACTOR agree? YES (Initials of Authorized Representative) (N) CERTIFICATION OF ACCESS TO RECORDS 2 C.F.R VENDOR/CONTRACTOR agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of VENDOR/CONTRACTOR that are directly pertinent to VENDOR S/CONTRACTOR S discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to VENDOR S/CONTRACTOR S personnel for the purpose of interview and discussion relating to such documents. Does VENDOR/CONTRACTOR agree? YES (Initials of Authorized Representative) (O) CERTIFICATION OF APPLICABILITY TO SUB-CONTRACTORS VENDOR/CONTRACTOR agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does VENDOR/CONTRACTOR agree? YES (Initials of Authorized Representative) VENDOR/CONTRACTOR agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that VENDOR/CONTRACTOR certifies compliance with all provisions, laws, acts, regulations, etc., as specifically noted above. VENDOR/CONTRACTOR Name/Company Name: Address, City, State, and Zip Code: Phone Number: Fax Number: Printed Name of Authorized Representative: Address: Signature of Authorized Representative: Date: Page 24 of 32

25 VII. General Terms and Conditions 1. OBTAINING PROPOSALS 1.1. Proposals may be obtained from the Lake Dallas Independent School District (LDISD) Business office located at 104 Swisher Road, Lake Dallas, TX PROPOSAL SUBMISSION 2.1. Proposals must be submitted utilizing this document only and must reach the Lake Dallas Independent School District Business Office on or before the specified date and time. Late submittals will be returned unopened. Faxed or ed proposals will not be accepted Each proposal must be submitted in a SEALED envelope, package or container. The outside of the proposal package, must indicate the following information in clear and legible form: 2.3. Full name and address of the proposing entity 2.4. The proposal number in the lower left-hand corner 2.5. Within the sealed envelope, provide 1 complete original, 2 copies of the original, and 1 electronic copy on a USB drive unless specifically stated otherwise within this document. There will be no public opening unless specifically stated otherwise within this document. 3. DEVIATIONS 3.1. Any change made to any terms, conditions, specifications or other items in any of the proposal documents must be made in ink by marking through the original entry and clearly entering the new information alongside the change. In addition, all changes must be noted on the deviations and exceptions page found within this proposal document. Changes must not be made with correction fluid. All changes must be initialed by the person making the change. (The name of the person who initialed the change must be noted in a footnote on the same page containing the correction.) Proposals cannot be altered or amended after submission deadline. 4. WITHDRAWAL OF PROPOSAL 4.1. Any proposal may be withdrawn by the responding entity prior to the proposal due date and time. Any request by an entity to withdraw a proposal must be in person or in writing and submitted to the Business Office attention to Purchasing prior to the proposal due date and time. Any proposal that is received after the time specified shall not be considered and may be returned unopened to the submitting entity. 5. ENTITIES WHO DO NOT SUBMIT A PROPOSAL 5.1. Entities who do not submit a proposal are requested to notify the Lake Dallas I.S.D. Purchasing Department in writing if they wish to receive future proposals, otherwise they may be removed from the requesting database and therefore not receive future proposals. Page 25 of 32

26 6. GENERAL 6.1. Throughout this document, the terms Lake Dallas Independent School District, or LDISD are interchangeable to mean the related activities of the management and staff of the Lake Dallas Independent School District and any one or all of its participating members and their management and staff The section titles contained in this General Terms and Conditions document are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this document LDISD reserves the right to waive any or all proposal irregularities, formalities, or other technicalities; to be the sole and independent judge of quality and suitability of any products offered; and may accept or reject any proposal in its entirety, or may accept or reject any part of any proposal without affecting the remainder of that proposal, and may award the individual items on this proposal in any combination or in any way to best serve the interests of LDISD as it perceived those interests to be in its sole discretion. All information requested must be provided by the Proposer for the Proposal to be responsive. Failure to provide this information may result in rejection of proposal. 7. INCLUSION / ACCEPTABILITY 7.1. These General Terms and Conditions are applicable to all Proposal Invitations issued by LDISD, and by this inclusion, become an integral part of any contract which is awarded, or purchase order issued in association with the specifications with this Proposal Invitation The apparent silence of these specifications as to any detail or to the apparent omission from any specification of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specifications shall be made on the basis of this statement LDISD will enter into contractual relationships only with those entities who have, through word and action, affirmed that they comply with all applicable existing laws or executive orders to insure equal employment opportunities, without regard to race, creed, color, sex, or national origin. Minority owned or HUB companies are encouraged to compete in providing goods and services to the District. 8. CONTRACT / ACCEPTANCE 8.1. A response to this Proposal Invitation is an offer to contract with LDISD based upon the Pricing, Item Specifications, the General Terms and Conditions, Contract Term, and all other items contained in the Proposal Invitation. Proposals become contracts when they are both accepted by LDISD Board of Trustees, and put into effect by the issuance of a Purchase Order(s) signed by an authorized representative of LDISD. The contract shall be interpreted by and governed under the laws of the State of Texas. Page 26 of 32