DISCOUNT FOR LIBRARY SUPPLIES. Issue Date: 5/28/2021 Questions Deadline: 6/9/ :00 PM (CT) Response Deadline: 6/14/ :00 PM (CT)

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1 DISCOUNT FOR LIBRARY SUPPLIES Issue Date: 5/28/2021 Questions Deadline: 6/9/ :00 PM (CT) Response Deadline: 6/14/ :00 PM (CT) Contact Information Contact: Melanie Bristow Purchasing Coordinator Address: Purchasing Central Svcs. Business Office 104 Swisher Rd. PO Box 548 Lake Dallas, TX Phone: (940) Page 1 of 23 pages Deadline: 6/14/ :00 PM (CT)

2 Event Information Number: Title: DISCOUNT FOR LIBRARY SUPPLIES Type: Request for Proposal Issue Date: 5/28/2021 Question Deadline: 6/9/ :00 PM (CT) Response Deadline: 6/14/ :00 PM (CT) Notes: Lake Dallas ISD will accept proposals beginning Friday, May 28th through 3:00 pm on Mon., June 14, 2021, for Discount for Library Supplies for the school year. No proposals will be accepted after that time and date. No FAX or proposals will be accepted. Responses for LDISD RFP # should be submitted online via our electronic system at ldisd.ionwave.net. Manual responses, although not preferred, will still be accepted and should include (one) 1 original paper copy and (one) 1 electronic copy on a flash drive. Complete RFP packages can be downloaded from the Purchasing Department page at and can be submitted by mail to the District or hand delivered no later than 3:00 pm, on June 14, 2021, to the following address: Lake Dallas ISD Central Services Attn: Melanie Bristow, Purchasing Dept. 104 Swisher Road, PO Box 548 Lake Dallas, Texas NOTE: Suppliers granted an extension of previous year bids # or # , are not required to complete this School Year Bid for Discount Library Supplies. Billing Information Contact: Melanie Bristow Address: Purchasing Central Svcs. Business Office 104 Swisher Rd. PO Box 548 Lake Dallas, TX Phone: 940 (497) 4039 Fax: 940 (497) mbristow@ldisd.net Bid Activities Release of RFP Date Bid opens for responses from Suppliers/Vendors. 5/28/2021 8:00:00 AM (CT) Page 2 of 23 pages Deadline: 6/14/ :00 PM (CT)

3 Deadline for Questions Last day Supplier/Vendors may submit questions regarding the Bid. Question Responses Posted All submitted bid related questions will be responded to by this date/time. Deadline for Bid Response submittal No responses will be accepted after this date and time. 6/9/2021 1:00:00 PM (CT) 6/10/2021 5:00:00 PM (CT) 6/14/2021 3:00:00 PM (CT) Recommendation to Board of Trustees 6/21/2021 5:30:00 PM (CT) Bid award recommendations will tentatively be submitted to the Board of Trustees for approval. Effective Date of Award Tentative date Bid award will go into effect. Selected Vendors will be notified by . Bid Attachments PROPOSAL RESPONSE FORM.pdf 7/1/2021 8:00:00 AM (CT) View Online Proposal Response Form - Please print, complete and save as "(Company Name) Prop Resp Form" [Example: ABC Company Prop Resp Form] before uploading as a Required Response Attachment for submission. W9_Form.pdf View Online Please print and complete, then save as "(Company Name) W9" [Example: ABC Company W9] before uploading as a Required Response Attachment for submission. FELONY CONVICTION NOTIFICATION.pdf View Online Felony Conviction Notification - Please print, complete and save as "(Company Name) FCN" [Example: ABC Company FCN] before uploading as a Required Response Attachment for submission. CIQ FORM.pdf View Online CIQ Form - Conflict of Interest - Please print and complete, then save as "(Company Name) CIQ" [Example: ABC Company CIQ] before uploading, if applicable, as Response Attachment for submission. CIQ LDISD NOTIFICATION LTR.pdf View Online INFORMATIONAL ONLY - LDISD Staff & Board Information Regarding the Conflict of Interest Disclosure Statement under Texas Local Government Code, Chapter 176 EPCNT Form Optional.pdf View Online (OPTIONAL) Educational Purchasing Cooperative of North Texas - If you desire your response to be shared with the EPCNT, please upload your signed authorization. Please save as "(Company Name) EPCNT" [Example: ABC Company EPCNT] GENERAL TERMS AND CONDITIONS (Legal).pdf View Online LDISD General Terms and Conditions - Legal. Please download and read the LDISD General Terms and Conditions. A response submission to this bid indicates you understand and accept the General Terms and Conditions. LDISD SPECIAL TERMS AND CONDITIONS.pdf View Online LDISD Special Terms and Conditions - LDISD. Please download and read the LDISD Special Terms and Conditions pertaining to this Bid. A response submission to this bid indicates you understand and accept the Special Terms and Conditions. Requested Attachments W-9 Form (REQUIRED) (Attachment required) Please complete and save as "(Company Name) W9" [Example: ABC Company W9] before uploading as a Required Response Attachment for submission. Page 3 of 23 pages Deadline: 6/14/ :00 PM (CT)

4 CIQ - Conflict of Interest Form (If Applicable) Please print and complete, then save as "(Company Name) CIQ" [Example: ABC Company CIQ] before uploading as a Response Attachment for submission, IF APPLICABLE. EPCNT Form (Optional) OPTIONAL - Educational Purchasing Cooperative of North Texas. If you desire your response to be shared with the EPCNT, please upload your signed authorization. Please save as "(Company Name) EPCNT" [Example: ABC Company EPCNT] Felony Conviction Notification (REQUIRED) (Attachment required) Please print, complete and save as "(Company Name) FCN" [Example: ABC Company FCN] before uploading as a Required Response Attachment for submission Form (REQUIRED) (Attachment required) Texas Ethics Commission Disclosure of Interested Parties Form is located at Please complete online, entering "Lake Dallas ISD" as the STATE AGENCY, and the RFP Name and Number as the IDENTIFICATION NUMBER and DESCRIPTION; then print, sign, and save as "(Company Name) 1295" [Example: ABC Company 1295] before uploading as a Required Response Attachment for submission. Proposal Response Form (REQUIRED) (Attachment required) Please print and complete, then save as "(Company Name) Proposal Response" [Example: ABC Company Proposal Response] before uploading as a Required Response Attachment for submission. Bid Attributes 1 LAKE DALLAS ISD DEMOGRAPHICS Lake Dallas ISD (LDISD) is a K-12 public school district in Denton County serving Corinth, Hickory Creek, Lake Dallas and Shady Shores. Student enrollment is just over 4,000. The District currently consists of 1 High School, 1 Middle School, 3 Elementary campuses and 3 Administrative and Support sites. 2 SCOPE OF WORK Vendors interested in providing library supplies to Lake Dallas ISD may submit a proposal in response to this Request for Proposal. This RFP is for general materials and supplies that will be used in the libraries, including books, binding and book processing. Please submit a percentage discount off of 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, vendors will be placed on the District Preferred Provider 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 response available to the 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 district members of the EPCNT will be able to take advantage of the proposed pricing through this RFP. 3 MUST ATTACH Be sure to upload all required documents and forms to the "Response Attachments" tab before submitting your Proposal. Page 4 of 23 pages Deadline: 6/14/ :00 PM (CT)

5 4 INTRODUCTION This package contains many attributes, such as this one, that are associated with this document. Some are notes and require no response, but others have required responses. ***Please continue through each page of attributes, using the navigation page functions on the right-hand side of the bottom bar (at the bottom of each page), in order to view the next page of attributes.*** 5 COMMUNICATION STATEMENT Contact between vendors and LDISD personnel during the proposal process or evaluation process is prohibited. Any attempt by vendors during the proposal process to contact LDISD personnel may result in disqualification All communication shall go through the Purchasing Department during this competitive process, by utilizing the "Questions" tab within the RFP. All questions received and corresponding answers will be distributed to all bidders. No verbal responses will be provided. The deadline for questions about this proposal is stated in the Bid Activities and the District will not respond to questions after this time and date. Response to questions will be posted in the form of an addendum to this proposal, if needed. The vendors will be responsible for checking the website for any posted addenda. 6 SUBMISSION RESPONSE Lake Dallas ISD prefers responses to be submitted online via our electronic system. Responses may be submitted manually. Manual submissions must be delivered to the Central Services office in a sealed envelope by the date and time stated. No fax or responses will be accepted. Only one format is needed. Manual submission shall consist of one (1) original hard copy and one (1) electronic flash drive. Manual submissions should be delivered in person or by U.S. Mail no later than the date and time stated, to: Lake Dallas ISD Attn: Melanie Bristow, Purchasing Coor. 104 Swisher Rd., PO Box 548 Lake Dallas, TX Please write the bid name and number on the outside of the envelope clearly before submitting. 7 PROPOSAL OPENINGS Any proposal received later than the specified time, whether delivered in person or by any other method shall be disqualified. Any questions pertaining to the proposal procedures should be addressed to the Purchasing Department at If the Central Services office is closed due to inclement weather, natural disaster, or for any other natural cause, including if the electronic bid system is unavailable on the due date, the deadline for submission shall be extended until the next District calendar business day. Unless the bidder is otherwise notified by the District, the time of day for submission shall remain the same. There will be no public opening pertaining to this bid. 8 CONTRACT TERM The initial contract period will be July 1, 2021 to June 30, Prior to the end of the initial period the District will review the terms and conditions 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. Page 5 of 23 pages Deadline: 6/14/ :00 PM (CT)

6 9 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 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. It is the Vendor s responsibility to request appropriate tax exemption certificates from the District. 1 0 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. 1 1 PROPOSAL EVALUATION 1. A proposal, in order to be considered, must include all required properly executed forms. 2. Respondents taking exception to the terms and conditions or specifications of this proposal shall state these exceptions plainly in the Exception section 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, 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: The purchase price The reputation of the vendor and of the vendor s services The quality of the vendor s goods and/or services The extent to which the goods or services meet the District s needs The vendor s past relationship with the District The impact on the liability of the District to comply with laws and rules relating to historically underutilized businesses The total long-term cost to the District to acquire the vendor s goods 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 6 of 23 pages Deadline: 6/14/ :00 PM (CT)

7 1 2 DISCLOSURE OF INTERESTED PARTIES (FORM 1295) 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, At Board of Trustee approval of an award, the successful Vendor(s) is required to complete an electronic F o r m o n t h e T e x a s E t h i c s C o m m i s s i o n w e b s i t e ( Completed 1295 Forms must be submitted 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. 1 3 HOUSE BILL 89 VERIFICATION & SENATE BILL 252 REQUIREMENTS The 85 th Texas Legislature 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. If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israelicontrolled territory, but does not include an action made for ordinary business purposes. 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, if warranted. 1 4 LDISD GENERAL TERMS AND CONDITIONS Please download and read the LDISD General Terms and Conditions pertaining to this Bid. A response submission to this bid indicates you understand and accept these General Terms and Conditions. Page 7 of 23 pages Deadline: 6/14/ :00 PM (CT)

8 LDISD SPECIAL TERMS AND CONDITIONS Please download and read the LDISD Special Terms and Conditions pertaining to this Bid. A response submission to this bid indicates you understand and accept the Special Terms and Conditions. COST PROPOSAL 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 walkin 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 in the enclosed Deviation & Exceptions / Compliance section CATALOG DISCOUNT #1 Please list the catalog discount offered. If no catalog discount applies, or discount is already reflected in catalog price, enter 0. (Required) % CATALOG NAME/SEASON - DISCOUNT #1 Please list the Catalog name the first discount applies to AND season/dates, if applicable to this catalogue. Type N/A if no catalog discount applies. (Required: Maximum 1000 characters allowed) CATALOG DISCOUNT #2 Please list the catalog discount offered. If no catalog discount applies, or discount is already reflected in catalog price, enter 0. (Required) % CATALOG NAME/SEASON - DISCOUNT #2 Please list the Catalog name the second discount applies to AND season/dates, if applicable to this catalog. Type N/A if no catalog discount applies. (Required: Maximum 1000 characters allowed) 2 1 ONLINE DISCOUNT Please list any discount that applies to online merchandise. If no discount applies to website pricing or discount is already reflected in website pricing, enter 0. (Required) % Page 8 of 23 pages Deadline: 6/14/ :00 PM (CT)

9 2 2 WEBSITE URL - DISCOUNT Please list the website URL the discount applies to and any other pertinent information pertaining to the website discount. Type N/A if no on-line discount applies. (Required: Enter URL) IN-STORE PRICING DISCOUNT Please enter any discount that applies to in-store shopping and any other pertinent information related to the instore discount (i.e. store location, etc.). If no in-store discount applies, enter 0. (Required) % SHIPPING DISCOUNT - PERCENTAGE If you offer a percentage discount on shipping, please enter the percentage amount. If no shipping percentage discount is offered or shipping is discounted as a flat-rate, or is free, enter 0 here. (Required) % SHIPPING - FLAT RATE If your discount includes a flat rate for shipping, please enter the cost and cost basis (i.e., $10 per order, $5 per box, etc.). If no flat rate shipping discount is offered or shipping is FREE, enter N/A. (Required: Maximum 1000 characters allowed) FREE SHIPPING If your proposal includes FREE shipping, please check below. FREE SHIPPING (Optional: Check if applicable) FREE SHIPPING - CONDITIONAL If you checked FREE Shipping above, but conditions apply to qualify for free shipping (i.e., minimum orders, minimum pricing, etc.), please enter those qualifications here, if applicable. (Optional: Maximum 1000 characters allowed) 2 8 PRICING & SHIPPING EXCEPTIONS If any discounted shipping and/or pricing exclusions or exceptions not accounted for or listed above, require further explanation, please provide that proposal detail here. (Optional: Maximum 2000 characters allowed) Page 9 of 23 pages Deadline: 6/14/ :00 PM (CT)

10 2 9 RENEWAL OPTION - EXTENSION 1 New vendors may have the option of a renewal extension of an awarded agreement for up to two (2) additional years. It is understood all terms, conditions, and prices/discounts submitted on the bid will be held firm for any renewal agreements. Should the District choose to exercise a renewal agreement, notification will be given at the end of the contract. If offered, are you interested in receiving a contract renewal for the period of July 1, 2022 to June 30, 2023? Yes No (Required: Check only one) 3 0 RENEWAL OPTION - EXTENSION 2 Vendors may have the option of a renewal extension of an awarded agreement for up to two (2) additional years. It is understood all terms, conditions, and prices/discounts submitted on the bid will be held firm for any renewal agreements. Should the District choose to exercise a renewal agreement, notification will be given at the end of the contract. If offered, are you interested in receiving a 2nd contract renewal for the period of July 1, 2023 to June 30, 2024? Yes No (Required: Check only one) 3 1 DEVIATIONS AND EXCEPTIONS / SPECIFICATION COMPLIANCE If 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. Please indicate if Deviations or Exceptions are noted. No Deviations (Required: Check only one) Yes Deviations 3 2 DEVIATIONS AND EXCEPTIONS LIST If you answered YES, DEVIATIONS above, please utilize this space to list any deviations or exceptions from the Terms and Conditions or item specifications listed in this proposal. If no Deviations and Exceptions apply, please enter N/A. (Required: Maximum 4000 characters allowed) 3 3 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. Page 10 of 23 pages Deadline: 6/14/ :00 PM (CT)

11 3 4 Reference 1 Organization Name (Required: Maximum 1000 characters allowed) 3 5 Reference 1 Contact Name (Required: Maximum 1000 characters allowed) 3 6 Reference 1 Address Please list the address, city, state, and zip code. (Required: Maximum 4000 characters allowed) Reference 1 Phone Number ( ) - (Required) Reference 1 Address ext: (Required: address) 3 9 Reference 2 Organization Name (Required: Maximum 1000 characters allowed) 4 0 Reference 2 Contact Name (Required: Maximum 1000 characters allowed) Page 11 of 23 pages Deadline: 6/14/ :00 PM (CT)

12 4 1 Reference 2 Address Please enter address, city, state, and zip code. (Required: Maximum 4000 characters allowed) Reference 2 Phone Number ( ) - (Required) Reference 2 Address ext: (Required: address) 4 4 Reference 3 Organization Name (Required: Maximum 1000 characters allowed) 4 5 Reference 3 Contact Name (Required: Maximum 1000 characters allowed) 4 6 Reference 3 Address Please enter address, city, state, and zip code. (Required: Maximum 4000 characters allowed) Reference 3 Phone Number ( ) - (Required) Reference 3 Address ext: (Required: address) Page 12 of 23 pages Deadline: 6/14/ :00 PM (CT)

13 VENDOR DATA - PURCHASE ORDER / PURCHASING INFORMATION Please enter the following Purchase Order / Purchasing Information. Company Name (Required: Maximum 500 characters allowed) 5 1 Street Address Please enter address, city, state, and zip code. (Required: Maximum 1000 characters allowed) 5 2 Contact Person/Title 5 3 (Required: Maximum 500 characters allowed) Office Phone ( ) - (Required) ext: 5 4 Fax ( ) - (Required) ext: 5 5 Website If we may submit orders via your website, please enter the website URL. (Optional: Enter URL) 5 6 address for Ordering Contact Please enter an address for an order contact. (Optional: address) 5 7 PO Address If PO's should be ed to a different address, please list the PO address. (Optional: address) Page 13 of 23 pages Deadline: 6/14/ :00 PM (CT)

14 PAYMENTS - REMITTANCE ADDRESS INFORMATION Please enter your "Remit To" information. Company Name (Required: Maximum 500 characters allowed) 6 0 Remit To Address Please enter street address, city, state and zip. (Required: Maximum 500 characters allowed) 6 1 Remit To Contact Name (Optional: Maximum 500 characters allowed) Remit To Contacts Phone Number ( ) - (Required) Remit to Contacts Address ext: (Optional: address) 6 4 FEDERAL REQUIREMENTS - EDGAR CERTIFICATIONS Page 14 of 23 pages Deadline: 6/14/ :00 PM (CT)

15 6 5 Federal Requirements Federal Requirements Federal contract provisions of Federal Regulations for Contracts for agreements with Lake Dallas ISD (LDISD) pertaining to purchases under the USDA or in conjunction with the National School Lunch Program, School Breakfast Program, and Summer Feeding Program are required. The following provisions are required to be in place and agreed upon if the procurement is funded with Federal funds. LDISD is the subgrantee or Subrecipient by definition. The Federal Rule numbering or identification below is only for reference purpose on this form and does not identify an actual Federal designation or location of the rule. The Rules are located: Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 2 CFR PART 200. 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 all Federal requirements below, as applicable. Vendor has read and agrees. (Required: Check if applicable) 6 6 Contracts for More than the Simplified Acquisition Threshold $250,000 Contracts for More than the Simplified Acquisition Threshold $250,000 Contracts for more than the simplified acquisition threshold currently set at $250,000, 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, LDISD 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. Vendor has read and agrees. (Required: Check if applicable) Page 15 of 23 pages Deadline: 6/14/ :00 PM (CT)

16 6 7 Termination For Cause and For Convenience Termination For Cause And For Convenience by the Grantee or Sub-Grantee (All contracts in excess of $10,000) 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 effected and the basis for settlement. Pursuant to Federal Rule above, when Federal funds are expended by Lake Dallas ISD, LDISD reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. LDISD reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for the convenience of the LDISD. Any award under this procurement process is not exclusive and the District reserves the right to purchase goods and services from other vendors when it is in the best interest of the District. Vendor has read and agrees. (Required: Check if applicable) 6 8 Equal Employment Opportunity Equal Employment Opportunity 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 Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) Page 16 of 23 pages Deadline: 6/14/ :00 PM (CT)

17 6 9 Davis Bacon Act & Copeland Anti-Kickback Act Davis-Bacon Act & Copeland Anti-Kickback Act 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 sub-recipient 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 Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) 7 0 Contract Hours and Safety Standards Act Contract Hours and Safety Standards Act 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 Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) Page 17 of 23 pages Deadline: 6/14/ :00 PM (CT)

18 7 1 Rights to Inventions Made Under a Contract or Agreement Rights to Inventions Made Under a Contract or Agreement 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 sub-recipient 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 sub-recipient 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 Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) 7 2 Clean Air and Water Act Clean Air and Water Act Clean Air Act (42 U.S.C q.) and the Federal Water Pollution Control Act (33 U.S.C ), as amended Contracts and sub-grants 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). Pursuant to Federal Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) 7 3 Debarment and Suspension Certification Debarment and Suspension Certification 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 Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) Page 18 of 23 pages Deadline: 6/14/ :00 PM (CT)

19 7 4 Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment 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 Law, 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, that vendor 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. 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 sub-recipients shall certify and disclose accordingly. Vendor has read and agrees. (Required: Check if applicable) Page 19 of 23 pages Deadline: 6/14/ :00 PM (CT)

20 7 5 Solid Waste Disposal Act - 2 CFR Ch. II ( Edition) Procurement of Recovered Materials Solid Waste Disposal Act - 2 CFR Ch. II ( Edition) Procurement of Recovered Materials Pursuant to Federal Rule (H) above, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to Federal Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) 7 6 Civil Rights/Discrimination Civil Rights / Discrimination The vendor will be in compliance with mandatory standards and policies relating to Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement Nutrition Programs and Activities. Pursuant to Federal Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) 7 7 Energy Policy and Conservation Act Energy Policy and Conversation 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). Vendor has read and agrees. (Required: Check if applicable) Page 20 of 23 pages Deadline: 6/14/ :00 PM (CT)

21 7 8 Health and Safety Certifications, Licensing, or Regulations Health and Safety Certifications, Licensing, or Regulations Pursuant to Federal Rule (J) above, when Federal funds are expended by Lake Dallas ISD, LDISD requires proposer to certify that during the term of an award by the LISD resulting for this procurement process the vendor will be in compliance with mandatory standards and policies relating to observance of applicable Local, State, or Federal Health and Safety Certifications, Licensing, or Regulations. Pursuant to Federal Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) 7 9 Buy American Provision Buy American Provision The District/State agency/territory participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A domestic commodity or product is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR (d). Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law ) added a provision, Section 12(n) to the National School Lunch Act (NSLA) (42 USC 1760(n)), requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodities or products. This Buy American provision supports the mission of the Child Nutrition Programs, which is to serve children nutritious meals and support American agriculture. Pursuant to Federal Law, when Federal funds are expended by Lake Dallas ISD, LDISD requires that the proposer certifies that during the term of an award by LDISD resulting for this procurement process the vendor will be in compliance. Vendor has read and agrees. (Required: Check if applicable) 8 0 Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firm In accordance of 2 CFR , Small and Minority Firms, Women's Business Enterprises, and Labor Surplus Area Firms (also known as "MWBE" and "HUB") are encouraged to indicate this Certification status when responding to this proposal invitation. Vendor has read and agrees. (Required: Check if applicable) Page 21 of 23 pages Deadline: 6/14/ :00 PM (CT)

22 8 1 Record Retention Requirements 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 sub-grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Vendor has read and agrees. (Required: Check if applicable) 8 2 Certification of Access to Records 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. Vendor has read and agrees. (Required: Check if applicable) 8 3 Certification of Applicability to Sub-Contractors Certification of Applicability to Sub-Contractors Vendor agrees that all contracts it awards pursuant to any award of this Contract shall be bound by all the foregoing terms and conditions. Vendor has read and agrees. (Required: Check if applicable) 8 4 Certification of Non-Collusion Statement Certification of Non-Collusion Statement Vendor certifies under penalty of perjury that its response to this procurement 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. Vendor has read and agrees. (Required: Check if applicable) Page 22 of 23 pages Deadline: 6/14/ :00 PM (CT)

23 Supplier Information Company Name: Contact Name: Address: Phone: Fax: Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signature Page 23 of 23 pages Deadline: 6/14/ :00 PM (CT)

24 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. Lake Dallas ISD Proposal Response Form Page 1 of 1

25 FELONY CONVICTION NOTIFICATION 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: Felony Conviction Notification Page 1 of 1

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