IRVING€¦ · Irving ISD Purchasing Department 2621 West Airport Freeway, Suite 1750 Irving, Texas...

~ IRVING Jndcpcndmt School District

PURCHASING DEPARTMENT 2621 West Airport Freeway Irving, Texas 75062-2637

Phone: (972) 600-5440

REQUEST FOR COOPERATIVE QUOTE

FOR: IRVING READS - THE LEMONADE WAR BOOK RFQ #17-29-896

Date of Issue: January 17, 2017

You are invited to submit a Quote/Proposal for Irving Reads - The Lemonade War for students in Kindergarten, Grades One through Five.

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

Irving ISD Purchasing Department 2621 West Airport Freeway, Suite 1750 Irving, Texas 75062

or have it delivered by a courier type service, such as FedEX or UPS, etc., with a recipient's signature and documented time of delivery.

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

Irving ISD Purchasing Department P.O. Box 152637 Irving, Texas 75015-2637

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

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

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

of 33

SUBMIT ONE ORIGINAL AND ONE (1) COPY OF QUOTE/PROPOSAL unless otherwise indicated in the specifications.

PLEASE SUBMIT PROPOSAL NO LATER THAN 2:00 P.M. LOCAL TIME ON FEBRUARY 6, 2017. Mark your sealed envelope in the lower left hand corner with RFQ #17-29-896, Company Name, time, and due date, as noted above. (Should the district close for unforeseen reasons (force majeure) on the date the solicitation is due, the above referenced date should be changed to 2:00 P.M. the first date the district is open to conduct business)

This proposal is to purchase the book, The Lemonade War, for Kindergarten, Grades One through Five.

The RFQ response MUST be signed by an individual authorized to contractually bind the firm submitting the Response. A failure to sign the Response will cause it to be rejected as NON-RESPONSIVE. Responses must give full firm name and address of Proposer. Person signing the Response should show title or authority to bind his/her firm in a contract.

RESPONSES WILL NOT BE OPENED OR READ PUBLICLY

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

Proposal submitted: (Circle One) YES NO BID

Company Name ___________ _

Address _______________ City _____________ _

State ________ Zip __________ _

Signature of Authorized Representative _______________ Date __ _

Printed Name ____________ _

Email _______________ _

Phone Fax ---------------- --------------

REQUIRED SUBMITTAL

of 33

Responses will only be accepted from vendors quoting pricing from the following Approved Cooperatives:

Acronym Name of Sponsoring Organization Link

Texas Association of School Boards-T ASB Buyboard Buyboard htto: //www.vendor.buyboard.com/

TCPN The Cooperative Purchasing Network httn: //www. tcon.om/

Harris County Department of HCDE Education http://v•ww.choicepartners.org/

H-GAC Houston-Galveston Area Cooperative htto: //www.hgacbuy.com/home/

TIPS/TAPS The Interlocal Purchasing System http://www.tips-usa.com/

Texas Department oflnformation Texas DIR Resources htto: //www.dir.state.tx.us/

htto: //porta I. esc2 0 .net/portal/pa ge/portaVesc20public/2013 Purcha 2013 Coop ESC 20 and ESC 13 singCoop

Pace Cooperative ESC20 htto: //www.pacecoop.org/

TXMAS Texas Multiple Award Schedule htto://portal.cpa.state. tx. us/txmas/ ( MRP )Multi Regional Purchasing Texas Education Service Center Cooperative Region IX http: //www.mrpctexas.com/

U.S. Communities U.S. Communities htto://www.uscommunities.org/

Educational Purchasing Cooperative of EPCNT North Texas http: //www.epcnt.com/INDEX.htm Texas Term Contract State of Texas Term Contract http: //www. window.state. tx. us/procurement/cat page/

Texas Educational Technology ESC 11- Fort "Group" Purchasing Consortium Worth, TX (TETPC) through EPCNT http://www.tetpc.net/

State of Texas htto: //www.window.state.tx.us/procure Purchasing page ment/

NJPA National Joint Powers Alliance® htto: //www.njpacoop.org/

Educational and Institutional Cooperative Purchasing through National Association of Educational

E&I Cooperative Procurement (E&I) https://www.eandi. or'E/_

Region 16 ESC Statewide Cooperative ESC 16 Coop Purchasing Program http: //www.texbuy.net/default.aspx?name=homepage

Region 14 Education Service Center and the National Cooperative

NCPA Purchasing Alliance http://www.ncpa.us/

NASPO/WSCA Western States Contracting Alliance http://www.naspo.org/

National Intergovernmental Purchasing NlPA Alliance Company htto: / /www.nationalipa .or'E/_

of 33

1.0 INSTRUCTIONS TO PROPOSERS

1.1 PROCESS OVERVIEW: This section outlines the steps in the procurement process.

Deadline for Questions January 25, 2017 by 12:00pm CST Deadline for Response to January 27, 2017 by 4:00 pm CST Questions/ Addendum( s) Proposal Due Dates February 6, 2017 by 2:00pm CST Anticipated Award Date February 9, 2017

1.2 Irving ISD' s contact for questions or request for clarification relating to this RFQ is Brenda Anderson, Purchasing Department, [email protected]. Questions must be submitted in writing (preferably email) no later than January 25, 2017 by 12:00 pm CST.

Responses to questions, if required, will be posted on the district's website by January 27, 2017 at 4:00 PM. It is the proposer' s responsibility to check this website for addenda postings prior to submitting responses.

1.3 All Proposers must execute the REQUIRED FORMS enclosed (or otherwise requested herein) for the RFQ to be considered responsive. The name of the representative on these forms should be the same. All supplemental information required by the RFQ Form must be included with the RFQ. Failure to provide complete and accurate information may disqualify the Proposer.

1.4 If any exceptions are taken to any portion of this RFQ, the Proposer must clearly indicate the exception taken and include a full explanation on the Deviation/Compliance Fonn (See Required Forms), or as a separate attachment to the RFQ. The failure to identify exceptions or proposed changes will constitute acceptance by the proposer of the RFQ as proposed by the District. The District reserves the right to reject a RFQ containing exceptions, additions, qualifications or conditions.

1.5 Irving ISD is exempt from federal excise taxes, state and local sales taxes and use taxes. Do not include these taxes in your Proposal.

1.6 The District Purchasing Department and proposers may enter into discussions and rev1s1ons of proposal, as necessary. Discussions/negotiations may be conducted with proposers who are deemed to be within the final competitive range; however, IISD reserves the right to award a contract without discussions/ negotiations. If discussions/negotiations are conducted, proposers will be required to submit a best and final proposal. The best and final proposal may be required as early as 24 hours after completion of negotiations/discussions.

1.7 No Proposal may be withdrawn prior to opening of proposals without written request (addressed to the Irving ISD Director of Purchasing) by an authorized agent of the proposing firm and upon written approval by the District. Proposals become the property oflrving ISD upon receipt.

1.8 Irving Independent School District is a public entity subject to the provisions of the Texas Public Information Act (Texas Government Code Chapter 552). Responses to this invitation may be subject to release as public information unless the response or specific parts of the response are accepted from public disclosure under such Act. Proposers should consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other confidential or proprietary information before responding to this invitation. The District assumes no liability or responsibility for release of any information not properly identified and documented in accordance with the enclosed Confidential Information Declaration & Copyright Authorization Form - (See

of 33

Required Forms). The District assumes no liability or responsibility for release of any information that the Texas Attorney General or a court of law determines to be subject to release.

1.9 Proposals asserted to be copyright protected in their entirety may, in the District's sole discretion, be rejected as non-conforming. Proposers who submit copyrighted materials as part of their bid must review and complete the Confidential Information Declaration & Copyright Authorization Form -(See Required Forms).

1.10 Award/Evaluation of Proposals

a. The Irving Independent School District reserves the right to accept or reject all or any part of any proposal, waive minor proposal formalities/technicalities and award the proposal deemed to be most advantageous to the District.

b. The District reserves the right to award to a single proposer, multiple proposers, each line item separately or in any combination it detennines to be in its best interest.

c. Responses and offers must remain open for acceptance for a period of thirty (30) days subsequent to the opening of RFQs, unless otherwise indicated, to allow time for the offer(s) to be evaluated and Board of Trustees action, if required.

1.11 The successful proposer(s) will be notified in writing (manifested by an award letter or properly executed purchase order) after review and acceptance by the District.

1.12 The District reserves the right to request descriptive and illustrative literature covering the items you propose to furnish when bidding "or equal" items. Literature provided must contain adequate information for district personnel to evaluate the quotation product as "or equal". Failure to do so will result in the rejection of your quotation.

1.13 If the bidder professes to be the exclusive source of the item(s) or service(s) requested herein, the proposer must provide with its quote a written statement to the fact that the sole source is due to one or more of the following (as applicable): a patent, copyright, secret process, or monopoly; a film, manuscript, or book; a utility service (electricity, gas, or water); or a captive replacement part or component for equipment. Such statements must be signed by the owner or corporate official of the firm submitting this Bid and must be notarized. This declaration shall not exempt the vendor from signing and submitting a signed Bid.

1.14 By signing this Request For Quote, the undersigned proposer affirms that its company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other bidder and that the contents of this proposal as to prices, terms, or conditions have not been communicated by the undersigned or by any employee or agent to any other person or firm engaged in this type of business prior to the official opening of this proposal.

1.15 The person whose signature appears on the cover page of this Request For Quote hereby certifies (by signing this document) that the individual and/or firm on whose behalf this proposal is submitted is not listed on the Federal Government's "List of Parties Excluded from Federal Procurement and Non-procurement Programs" published by the U. S. General Services Administration (GSA) effective as of the date of opening of this proposal.

of 33

1.16 By signing this Request For Quote, the proposer hereby certifies that it (or its firm hereby represented) is legally authorized to conduct business in Texas and has complied with any and all federal, state, or other laws or regulations applicable to any purchase resulting from this Request For Proposal, including, but not limited to, copyright and/or patent laws and anti-collusion law. Failure of proposer to sign their Proposal will render it null and void.

Tie proposals, which are equal in all respects, shall be resolved and awarded in accordance with Local Government Code (Texas) Para. 271.901. Otherwise proposals, which reflect a tie in price only, may be awarded pursuant to the permissible factors listed in Texas Education Code, Subchapter B, Sec. 44.031(b) and set forth in the factors and points below.

of 33

The proposer and associated solutions shall be evaluated based on the following selection criteria:

EVALUATION CRITERIA POINTS

1 The purchase price 100 pts.

2 The reputation of the vendor and of the vendor's goods or services 0 pts.

3 The quality of the vendor' s goods or services 0 pts.

4 The extent to which the goods or services meet the district's needs 0 pts.

5 The vendor's past relationship with the district 0 pts.

6 The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses

0 pts.

7 The total long-term cost to the district to acquire the vendor's goods or services 0 pts.

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

A. has its principal place of business in this state 0 pts.

B. employs at least 500 persons in this state 0 pts.

~y other relevant factor specifically listed in the Request for Proposal or 9 Proposals. In evaluating Proposals submitted, the following considerations will

be taken into account (but not limited to): price, quality, suitability for intended ~se, and probability of continuous availability, time of service, delivery and

0 pts. Krendor reputation. It is not the policy of Irving ISD to purchase on the basis oj tprice alone. The District reserves the right to conduct any tests, evaluations or comparisons it deems necessary to complete the evaluation process.

Per Texas Education Code, Subchapter B, Sec. 44.03l(b) *ALL CONTENTS PROVIDED IN THIS SOLICITATION, WILL BE CONSIDERED AS AN EVALUATION FACTOR.

of 33

2.0 IRVING ISD TERMS AND CONDITIONS

2.1 TERMS AND CONDITIONS The specifications included herein upon award shall become the legal and binding contract. In submitting a RFQ, Proposer understands and agrees to be bound by the following terms and conditions which shall be incorporated into any future contracts, agreements, or purchase orders relating to this RFP between the firm and the District.

2.2 ASSIGNMENT The successful Proposer may not assign its rights and duties under an award without the written consent of the District. Such consent shall not relieve the assignor of liability in the event of default by its assignee.

2.3 TERMINATION Irving ISD shall have the right to tenninate for default all or part of a resulting contract if the firm breaches any of the terms hereof or if the firm becomes insolvent or files any petition in bankruptcy. Such right of tennination is in addition to and not in lieu of any other remedies which Irving ISD may have in law or equity, specifically including, but not limited to, the right to collect for damages or demand specific performance.

Irving ISD has the right to tenninate a resulting contract for convenience, without penalty, for nonappropriation or non-availability of funds by delivery to the proposer of a ''Notice ofTennination" specifying the extent to which performance hereunder is tenninated and the date upon which such tennination becomes effective.

Irving ISD may tenninate a resulting contract and debar the firm from future ' 'bidding" for violations of the federal requirements including, but not limited to, "Contract Work Hours and Safety Standards Act'', "Equal Employment Opportunity Act'', and "Energy Policy and Conservation Act".

2.4 INDEMNIFICATION The Irving ISD is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction.

2.5 REMEDIES The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice oflaw, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the Irving ISD to an arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived under the terms of the Contract, may, after denial of the Board of Trustees, be subject to mediation at the request of either party. Any issues not resolved hereunder must be referred to nonbinding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing ofany lawsuit over such issue(s). The parties shall share the mediator's fee and any associated filing fee equally. Mediation shall be held in Dallas County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District's Board ofTrustees, signed by the Parties if approved by the Board of Trustees, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

of 33

2.6 CHOICE OF LAW This agreement and any addenda or other additions and all contracts or awards resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict oflaws principles. Any Proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Dallas County, Texas.

2.7 JURISDICTION AND SERVICE OF PROCESS Any Proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Dallas County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court.

2.8 ALTERNATIVE DISPUTE RESOLUTION Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Dallas County, Texas agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

2.9 ACTS OR OMISSIONS The successful vendor will be expected to indemnify and hold harmless the Irving ISD, its officers, employees, agents, representatives, contractors, assignees and designees from and against any and all liability, actions, claims, demands or suits, and all related costs, attorney's fees and expenses arising out of, or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors, or contractors in the execution or performance of any agreements ultimately made by Irving ISD and the vendor.

2.10 CONTRACT GOVERNANCE Any contract made or entered into by the Irving ISD is subject to and is to be governed by Section 271.151 et seq, Tex Loe Gov't Code. Otherwise, Irving ISD does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language.

2.11 PAYMENT TERMS Irving ISD pays net 30 or at point of sale and complies with the State of Texas payment law, Texas Government Code, Chapter 2251. See statute for specifics or consult your legal counsel.

No payments shall be made on invoices not listing an Irving ISD purchase order number. Invoices will be paid upon completion of delivery and acceptance. Invoices must reflect only the amount due for goods or the portion of the services performed, materials and equipment furnished for the period covered by each invoice. Invoices shall be priced per unit price as

of 33

awarded. Please include the following items on your invoices.

a. Payment will be made within 30 days after the later of, receipt of goods/services and a properly submitted invoice. The district considers an invoice properly submitted when the following conditions are met:

b. All invoices will be sent to: Irving !SD/Accounts Payable, PO Box 152637, Irving, TX 75015-2637

c. Invoice is received at the address indicated on the purchase order d. Purchase Order Number e. Pricing on the invoice matches the price on the purchase order f Include a description of the goods or services provided , the purchase order

number, invoice number and any applicable cash discount. g. Quantities on the invoice do not exceed those specified on the Purchase Order h. Unique invoice number used for each billing i. Merchandise has been shipped or service perfonned. J. Description of goods and services on the invoice shall match the description on the

Purchase Order.

Cash/prompt payment discounts offered will not be considered in determining the award but will be taken if earned.

Purchase Orders will serve as the order instrument(s) against this Request for Proposal. Orders will be placed as items are approved for purchase and funds become available.

2.12 NON-APPROPRIATION OF FUNDS Agreement and all Addenda shall be subject to all applicable federal, state and local laws, ordinances, and regulations, and shall be construed in accordance with the laws of the state of Texas. Customer will make reasonable effort to obtain and appropriate funds each fiscal year for payment of its contractual obligations. In the event that Customer does not appropriate funding for the next fiscal year for the services specified in the Addendum, then the affected Addendum shall terminate at the end of the last fiscal year for which funding is appropriated. The rates and charges, terms and conditions of this Agreement are subject to the review and/or approval by the regulatory authorities of the state of Texas.

2.13 CRIMINAL HISTORY CHECKS Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district.

2.14 INSURANCE REQUIREMENTS After award, vendor will be required to furnish business insurance.

2.15 EXCLUSIVITY OF AW ARD

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 the Irving ISD reserves the right to purchase goods or services described herein from other sources, unless the specifications

of 33

herein and resulting contract documents expressly provide to the contrary in which case the contract provision will control for this provision.

2.16 RECORDS Upon request by Irving ISD, any duly authorized representative of Irving ISD shall, until three (3) years after final payment under this Agreement, have access to and right to examine directly pertinent books, papers, documents, accounts, and records of Seller involving transactions related to this Agreement and to examine Seller's place of business as necessary to determine whether the terms of this Agreement are being carried out. This audit will be conducted at a location where those business documents are being held at the time of the audit request. Seller shall be required to maintain such records for three years after final payment.

2.17 The Uniform Commercial Code shall govern the agreement between the seller and The District created by this Proposal. Wherever the tenn "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. Proposers are advised that all District contracts are subject to all legal requirements provided for in the Local, State, and Federal statutes.

2.18 FORCE MAJEURE CLAUSE Proposer shall not be liable for delay in delivery or performance or for failure to give notice of delay when such delay is due to factors beyond its control, including, but not limited to, fires, strikes, explosions, governmental regulations, court orders or decrees, or acts of nature such as flood, wind, earthquake, tornado or hurricane. If the Proposer is unable to perform any of its obligations as a result of force majeure, proposer shall immediately give written notice to the District of the date of inception of the force majeure condition and the extent to which it will affect performance.

2.19 IISD Communications Contact between vendors and IISD personnel or officials during the proposal process or evaluation process is prohibited. Any attempt by vendors during the proposal process to contact IISD personnel or officials may result in disqualification. All communications shall go through the IISD Purchasing Department during this competitive process. Questions received and the 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 timetable above and IISD will not respond to questions after said time and date. Responses to questions will be posted in the form of an addendum to this RFP on the IISD Purchasing website as stated in the timetable. The vendors will be responsible for checking the IISD Purchasing website for any posted addenda.

2.20 CONFLICT OF INTEREST: No employee, officer, or agent may participate in the selection, award, or administration of a Contract if he or she has a real or apparent conflict of interest. See 2 C.F.R. § 200.318( c)(l ). Irving ISD officers, employees, and agents may not solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Irving ISD maintains written standards covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. For more information regarding conflicts of interest, visit the district Conflict of Interest policies located at: http://pol.tasb.org/Policy/Search/367?filter=conflict%20of%20interest.

of33

3.0 PURPOSE

3.0 REQUEST FOR QUOTE #17-29-896 Irving Reads - The Lemonade War Kindergarten, Grades One through Five

Irving ISD is accepting quotes for purchase of the book, The Lemonade War, (book title and ISBN included) for students grades Kindergarten through Five, in English and Spanish. The focus is to provide reading materials that encourage reading for pleasure outside of school and interaction with parents. The goal of this summer reading initiative is to continue to add books to the students' home library and support life-long learning and reading skills.

3.1 ANTICIPATED TERM OF CONTRACT

This is a one-time purchase which requires no contract. Purchase will be executed by purchase order.

3.2 RESPONSIVE PROPOSALS

Proposals that do not affirmatively address (product or vendor must meet the required specifications) all the specification requirements under heading REQUIRED SPECIFICATIONS, shall be deemed nonresponsive and not receive further evaluation, resulting in disqualification.

3.3 PRICING

Please respond with price of purchase for all components, parts, packaging or however the pricing is configured on the supplied pricing sheet. Shipping must be included in your prices. Put all pricing on one page and make pricing the first page of the proposal. Indicate the expiration date of the pricing. Pricing must be valid until May 31, 201 7.

3.4 REQUIRED SPECIFICATIONS

1. BOOK

Provide The Lemonade War paperback book to Kindergarten through Grade 5, in English and Spanish, in quantities denoted below. No substitutions allowed. Books will be delivered to Ratteree Center, 2121 South MacArthur, Irving, Texas 75060 the week of March 13 - 17. The books are to be boxed and labeled per school, ex: 500 English and 200 Spanish to Elliott Elementary, 1900 South Story, Irving, TX 75060. The exact numbers will be given at a later date, approximate numbers are included along with a list of schools and addresses. This facility does have a loading dock.

of 33

Grade Book Type

Kindergarten Paperback

EE Paperback

(Britain only)

1st Grade Paperback

2nd Grade Paperback

3rd Grade Paperback

4th Grade Paperback

5th Grade Paperback

TOTAL

Requested

Quantity English Copies: 13,186 Format: Paperback ISBN-13/EAN: 9780547237657

Quantity Spanish Copies: 3,768 Format: Paperback ISBN-13/EAN: 9780544252035

Qty. English Qty.Spanish

1,250 1,001

11 3

1,372 1,125

1,417 1,296

2,678 0

2,711 0

2,548 0

11 ,987 3,425

13, 186 3,768

Total quantity of The Lemonade War paperback book, English and Spanish 16,954

1. Irving ISD will provide information for delivery and packaging in order for books to be delivered the week of March 13 - 17. Vendor must arrange for delivery of books to Ratteree Center and packaged as requested in sufficient quantities for each campus and matched to the specifications for each campus. The list of campuses(20 elementary campuses) and quantities will be provided after the bid award.

The provided counts are our best estimate as of this date but actual purchase numbers may vary somewhat based on the enrollment on the day we place the purchase order. We retain the right to update our enrollment numbers (including bilingual counts) by campus at the time ofpurchase.

3.5 EVALUATIONS OF QUOTES

IISD will identify the best value by lowest cost of product meeting all requirements and District 's needs.

of 33

ELEMENTARY SCHOOLS

Barton 2931 Conflans - 75061

Brandenburg 2800 Hillcrest - 75062

Britain 631 Edmondson - 75060

Brown 2501 W. Tenth St - 75060

Davis 310 Davis - 75061

Elliott 1900 S. Story- 75060

Farine 615 Metker - 75062

Gilbert 1501 E. Pioneer - 75061

Good 1200 E. Union Bower - 75061

J. Haley 1100 Schulze - 75060

T. Haley 3601 Cheyenne - 75062

Hanes 2730 Cheyenne - 75062

Johnston 2801 Rutgers - 75062

Keyes 1501 N. Britain-75061

Lee 1600 Carlisle - 75062

Lively 1800 Plymouth- 75061

Schulze 1200 S. Irving Heights - 75060

Stipes 3100 Cross Timbers - 75060

Townley 1030 Vilbig - 75060

Townsell 3 700 Pleasant Run - 75038

of 33

Irving Reads - The Lemonade War Kindergarten, Grades One through Five

Pricing Sheet for RFQ #17-29-896

Books must be delivered to Ratteree Center by week of March 13 - 17 Boxed by school with number count of English and Spanish books on outside label

COOPERATIVE AND CONTRACT NUMBER:---------------(Cooperatives list the minimum amount an order can be discounted but additional discounts can be offered).

The Lemonade War paperback Estimated Unit Extended Quanity Price Price

Kindergarten - Grade 5, English 13,186 $ $

Kindergarten - Grade 2, Spanish 3,768 $ $

TOT AL - English & Spanish 16,954 $ $

SHIPPING $ $

TOTAL $ $

Price must include delivery and packaging.

of 33

4.0 Required Forms

a. Deviation/Compliance Signature Form

b. Confidentiality Declaration Form

c. Insurance Requirements

d. Certification for Criminal History Check

e. Non-Collusive Bidding Certificate

f. Legal Compliance

g. Agreement funded by US Federal Grant

h. Conflict of Interest Disclosure

i. Conflict of Interest Questionnaire

j. Family Conflict of Interest Questionnaire

k. Edgar Certifications

I. Affidavit

ALL REQUIRED FORMS MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONSE, OR THE RESPONSE WILL BE DEEMED NONRESPONSIVE.

of 33

DEVIATION/COMPLIANCE SIGNATURE FORM

RFQ #17-29-896

Company Name

Address City State Zip

Phone Number Fax Number

If the undersigned bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this bid invitation, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations 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 bidder assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Bid Invitation.

D No Deviation

D Yes, Deviation If yes is checked, please list below:

of 33

CONFIDENTIALITY DECLARATION FORM

CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUEST FOR IRVING ISD IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552

If you consider any portion of your proposal as confidential information and not subject to disclosure pursuant to Chapter 552 Tex. Gov't Code or other laws, you must make a .£QJ!Y of all claimed confidential materials within your proposal and put this COMPLETED form as a coversheet to said materials and place this completed form and the copied materials in a separate envelope and include the confidential materials envelope with your proposal submission. (The envelope will not be opened unless a Public Information Request is made. You must include the confidential information in the submitted proposal as well. The copy in the envelope is to show //SD which material in your proposal you deem confidential only in the event of a Public Information Request.) You must place the following wording that is between the dotted lines on the outside of the envelope containing the copies of the confidential materials. You may copy, complete and affix the following to the envelope containing the copies of the confidential materials. Irving ISD will follow procedures of controlling statute(s) regarding any claim of confidentiality. Pricing of solicited products or service may be deemed as public information under Chapter 552 Tex. Gov't Code.

This envelope contains material for our proposal that I classify and deem confidential under Tex. Gov't Code§ 552 and I invoke my statutory rights to said confidential treatment of the enclosed materials:

Name of company claiming confidential status of material

Printed Name and Signature of authorized company officer claiming confidential status of material

Address City State Zip Phone

ENCLOSED ARE COPIES OF RESPONSE TO RFQ # 17-29-896

PAGES OF CONFIDENTIAL MATERIAL FROM OUR

Express Waiver: I desire to expressly waive our claim of confidentiality of any information contained within our response to the competitive procurement process by completing the following and submitting this sheet with our response Irving ISD procurement process (e.g. RFP, CSP, Bid, RFP, etc.).

Name of company expressly waiving confidential status of material

Printed Name and Signature of authorized company officer expressly waiving confidential status of material

Address City State Zip Phone

of 33

Insurance Requirements

The awarded vendor will be required to furnish proof of business insurance.

of 33

Texas Education Code Chapter 22 Certification for Criminal History Check

Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district.

Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.

On behalf of _____________________ ("Contractor"), I certify that

[check one]: [] None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [] Some or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that:

(1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history.

(2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days.

(3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees.

(4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District.

Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

Company Name Printed Name of Company Representative

Signature Date

For additional information on how to comply with this statute, please contact the Irving ISO Purchasing Department, 972-600-5440, 2621 West Airport Freeway, Irving, Texas 75062.

of 33

NON-COLLUSIVE BIDDING CERTIFICATE

By submission of this bid or proposal, the Bidder certifies that:

1. This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor;

2. This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:

3. No attempt has been or will be made to induce any other person , partnership or corporation to submit or not to submit a bid or proposal ;

4. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification , and under the penalties being applicable to the Bidder as well as to the person signing in its behalf.

Signature below certifies accuracy of answers to all sections on this page.

Authorized Signature Printed Name

Company Name and Address

Telephone Number Date

of33

LEGAL COMPLIANCE

It is the proposing company's duty and responsibility to have knowledge of and be responsible for the compliance with all applicable laws, rules and regulations as they apply to this procurement process and any subsequent award .

If awarded under this document, does the firm agree to comply, in all relevant respects, with all Federal , State, and Local laws, rules and regulations related to the performance of services or supply of goods to Irving ISO?

YES NO --

Signature below certifies accuracy of answers to all sections on this page.

Authorized Signature Printed Name

Company Name and Address

Telephone Number Date

Authorized representatives shall have access to any books, documents, papers and records of the Vendor that are directly pertinent to Vendor's discharge of its obligations under the Agreement for the purpose of making audits, examinations, excerpts and transcriptions.

1. Applicability to Subcontractors - Vendor agrees that all contracts it awards pursuant to the Agreement shall be bound by the foregoing terms and conditions.

Company Name

Corporate Officer's Signature

Printed Name

Street Address

City, State and Zip Code

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.

Conflicts of interest exist if: 1. the person has employment or other business relationship with the local government officer or a family member

resulting in the officer or family member receiving taxable income; or 2. the person has given the local government officer or family member one or more gifts (excluding food, lodging,

transportation, and entertainment) that have an aggregate value of more than $250 in the twelve month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the District.

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.

Farms must be filed: 1. 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.

2. The Vendor also shall file an updated questionnaire: a. not later than September 1 of each year in which a covered transaction is pending, and b. the seventh business day after the date of an event that would make a statement in the questionnaire

incomplete or inaccurate.

3. 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 year.

Officers of the Irving Independent School District are:

Dr. Steven Jones, Board President, (District 1) Larry Stipes, Vice President (District 3) Randy Rand 1 e , Secretary (District 7) Nell Anne Hunt (District 2) Dinesh Mali, (District 4) A .D. Jenkins, (District5) Randy Necessary (District 6) Jose L. Parra, Ed.D., Superintendent of Schools

If you are required to file, send the completed form to Irving Independent School District, Purchasing Department, 2621 W. Airport Freeway, Irving, Texas 75062.

CONFLICT OF INTEREST QUESTIONNAIRE FORM

For vendor or other person seeking to do business with local governmental entity CIQ (Required Field)

Name of Person Completing Form: (Required Field)

Name of Company Completing Form:

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY

This questionnaire is being fi led in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and Date Received: I I the person meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity 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 176.006, Local Government Code.

A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

JJ Name of person who has a business relationship with local governmental entity.

~ Check this box if you are filling an update to a previously filed questionnaire. LJ (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

.2J Name of local government officer with whom filer has employment or business relationship:

I (List Name of Officer in space provided above) If naming government officer above, completion of A, 8, C & D below is required. If no conflict, check box at line 4 below.

This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has affiliation or business relationship as defined by Section 176.001 (1-a), Local Government Code. 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, other than investment income, from the filer of the questionnaire?

O Yes ONo

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?

O Yes ONO

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more?

D Yes ONO

D. Describe each employment or business relationship with the local government officer named in this section.

~ n Check here if you are NOT reporting a conflict with any government officer of Irving ISO

w

Signature (Required) Date

NOTIFICATION OF NO CONFLICT OF INTEREST RFQ# 17-29-896

Irving ISO 2621 West Airport Freeway

Irving, TX 75062

If applicable, please sign and return this form to the attention of:

Jerome Pilgrim, Director of Purchasing (at the above address)

Irving ISD requires this notification to document the Proposer's acknowledgement ofrequirements of Texas Government Code, Section 176.00 of the Texas Local Government Code for disclosure of Conflicts of Interest. Submission of this form is an affidavit that the Proposer submitting this form is stating that no conflict exists, as detailed in Texas Local Government Code Section 176.006 (a).

This form is in addition to any other reporting requirement required under Texas state law and does not supplant any additional reporting requirements.

Company (Print or Type) Phone Fax

Signature Date

Printed Name & Title of Signature

THIS PAGE MUST BE RETURNED WITH THE RFP (If applicable)

' ING FAMILY CONFLICT OF INTEREST QUESTIONNAIRE RFP #17-29-896

This Questionnaire must be completed by every individual or entity that contracts or seeks to contract with the District for the sale or purchase of property, goods, or services.

The questionnaire(s) required by this policy shall be filed with the Senior Buyer not later than the seventh (7TH) business day after the date that the individual or entity begins contracts discussions or negotiations with the District or submits to the District an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the District. If the individual or entity becomes aware of new facts or change of facts that would make the completed questionnaire(s) inaccurate, the individual or entity shall file an amended questionnaire(s) within seven (7) days of the date the individual or entity first learned of the new facts or changes in facts.

Family or family relationship means a member of an individual ' s immediate family, including spouse, parents, children (whether natural or adopted), aunts, uncles, and siblings.

For individuals who contract or seek to contract with the District for the sale or purchase of any property, goods, or services: Identify each and every family relationship between yourself (and any member of your family) and any full-time District Employee (and any member of such employee' s family) (please include name and sufficient information that will allow proper identification of any named individual):

For entities that contract or seek to contract with the District for the sale or purchase of property, goods, or services: Identify each and every full-time District employee (and any member of the employee' s family) who serves as an officer or director of the entity, or holds an ownership interest of 10 per cent or more in the entity (please include name and sufficient information that will allow proper identification of any named individual):

If more space is required please attach a second page. If the answer to any question is none, or not applicable, please write "None" or "Not Applicable" in the space reserved for that answer. "I certify that the answers contained in this questionnaire are true and correct."

Individual: ___________ _ __ _

Entity: _ _ ___ ___ ________ _

By: __________ _ _ _ _ Date:

Signature: ________________ _

Title: ------------------~

Certified this_day of ________ , 20 __ , by _ _ _____ _ _ ____ _ Notary Public

Notary Seal

EDGAR CERTIFICATIONS Irving Independent School District

TO WHOM IT MAY CONCERN:

IRVING ISO is in the process of ensuring that all policies and procedures involving the expenditure of federal funds are compliant with the new Education Department General Administrative Guidelines ("EDGAR"). Part of this process involves ensuring that all current vendors agree to comply with EDGAR. You must complete this form and return to IRVING ISO along with your proposal.

The following certifications and provisions are required and apply when IRVING ISO expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the District and the District's subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200

(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 IRVING ISO expends federal funds, IRVING ISO 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 ____ lnitials 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 IRVING ISO expends federal funds, IRVING ISO reserves the right to immediately tenninate 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 perfonn in accordance with the contract and/or the procurement solicitation. IRVING ISO also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if IRVING ISO believes, in its sole discretion that it is in the best interest of IRVING ISO to do so. Vendor will be compensated for work performed and accepted and goods accepted by IRVING ISO as of the tennination date if the contract is tenninated for convenience of IRVING ISO. Any award under this procurement process is not exclusive and IRVING ISO reserves the right to purchase goods and services from other vendors when it is in IRVING ISD's best interest.


(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

Pursuant to Federal Rule (C) above, when IRVING ISO expends federal funds on any federally assisted construction contract, the equal opportunity dause is incorporated by reference herein.

Does Vendor agree to abide by the above? YES ____ lnitials of Authorized Representative of Vendor

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions 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 IRVING ISO expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.

Does Vendor agree? YES ___ · _Initials of Authorized Representative of Vendor

E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when IRVING ISO expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by IRVING ISO resulting from this procurement process.


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

Pursuant to Federal Rule (F) above, when federal funds are expended by IRVING ISO, the vendor certifies that during the term of an award for all contracts by IRVING ISO resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.


(G) Clean Air Act (42 U.S.C. 7401·7671q.) and the Federal Water Pollution Control Act (33 U.S.C.1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401·7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by IRVING ISO, the vendor certifies that during the term of an award for all contracts by IRVING ISO member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.


(H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p.189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by IRVING ISO, the vendor certifies that during the term of an award for all contracts by IRVING ISO 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.


(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by IRVING ISO, the vendor certifies that during the term and after the awarded term of an award for all contracts by IRVING ISO resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd AntiLobbying 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 subrecipients shall certify and disclose accordingly.


RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by IRVING ISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Vendor further certifies that Vendor wi ll retain all records as required by 2 CFR § 200.333 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

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When IRVING ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the 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).


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 .


CERTIFICATION OF ACCESS TO RECORDS-2 C.F.R. § 200.336 Vendor 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 that are directly pertinent to Vendor'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 personnel for the purpose of interview and discussion relating to such documents.


CERTIFICATION OF APPLICABILITY TO SUBCONTRACTRS Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.


Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Vendor's Name:

Address, City, State, and Zip Code:

Phone Number: ______________ Fax Number:-------------

Printed Name and Title of Authorized Representative:

Email Address:

Signature of Authorized Representative: _______________ Date: ______ _

AFFIDAVIT

The undersigned swears/affirms that the foregoing information and statements are true and correct and include all material and information necessary to identify and explain the operations of (name of firm) as well as the ownership thereof

Further, the undersigned agrees to permit the Irving Independent School District (IISD) to interview owners, principals, officers and employees; and to audit or examine books, records and files of the above firm.

If at any time the IISD has reason to believe that any person or finn has willfully and knowingly provided incorrect infonnation or made false statement, the IISD may refer the matter to its General Counsel or take other action.

NOTE: Under Title 18 U.S. C. Section 1001 and Title 15 U.S. C. Section 645, any p erson who misrepresents a firm 's status as a small disadvantaged business concern or makes false statements in order to influence the certification process in any way to obtain a government contract, shall be subject to fines of up to $500, 000 and imprisonment of up to 10 years, or both.

The burden of proof of control and management of the business is on the applicant. The IISD reserves the right to request any additional information it deemed necessary to detennine if a finn is certifiable. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the processing of your application for certification.

Name Signature

Title Date

Date _ ______ State of _______ County of ______ _

On this day before me appeared (name) with proper identification, who being duly sworn, did execute the foregoing affidavit and did aver that he or she was properly authorized by (name of firm) _____________ _ to execute this affidavit and did so as his or her free act/deed.

(SEAL)

Notary Public in and for the State of Texas My Commission Expires:

Irving ISO Non-certified MWBE attestation affidavit Fonn 73 7-401

IRVING€¦ · Irving ISD Purchasing Department 2621 West Airport Freeway, Suite 1750 Irving, Texas...

Documents

Transcript of IRVING€¦ · Irving ISD Purchasing Department 2621 West Airport Freeway, Suite 1750 Irving, Texas...