15.a. 10 23-025SG West Req Docs R3 26

AID 2032910 · View on Simbli

Agenda Item

c. Approval to Purchase Musical Instruments from TIPS Cooperative Agreement (Adorama, Alamo Music Center, Amro Music Stores, Inc. Brook Mays Music and H and H Music Universal Melody Services, Delgado Guitars, Midwest Musical Imports MSA Music, Inc., Music and Arts Guitar Center Stores, Inc., Penders Music Company Betrold Enterprises, Inc., StageRight Corporation, Steve Weiss Music, Sweetwater Sound LLC, Taylor Music, Inc., Terra Nova Violins LLC, The Tuba Exchange, Washington Music Sales Center, Inc.) and West Music through the Choice Partners Cooperative Agreement (Not to Exceed $1,801,248.64)

Summary: Presented by: Dr. Sean R.  Tartt, Acting Chief Academic Officer, Division of Teaching and Learning
Request: It is requested that the DeKalb County Board of Education authorize the District purchase of musical instruments from the following vendors: Adorama, Alamo Music Center, Amro Music Stores, Inc. Brook Mays Music and H and H Music Universal Melody Services, Delgado Guitars, Midwest Musical Imports MSA Music, Inc., Music and Arts Guitar Center Stores, Inc., StageRight Corporation, Steve Weiss Music, Sweetwater Sound LLC, Taylor Music, Inc., Terra Nova Violins LLC, The Tuba Exchange, Washington Music Sales Center, Inc., in accordance with the TIPS Contract No. 240302 through May 31, 2027, and West Music Company in accordance with the Choice Partners Cooperative Agreement Contract No. 23/025SG-05 through May 31, 2027.

Musical Instruments was an approved project in the SPLOST V vote on March 20, 2017, for an amount not to exceed $10M. This agenda item is to request the use of these cooperative agreement vendors whose purchase order amounts may exceed the $100,000 spending cap which requires board approval with the total amount not to exceed $1,801,248.64.
Why: This request is to purchase musical instruments utilizing the buying power of TIPS and Choice Partners Cooperative Agreements.  The cooperative agreements will enlarge the vendor pool to help handle the large demand for musical instruments. In addition, utilizing the cooperative agreements to purchase musical instruments ensures that we will have quality suppliers and quality products as the vendors have already been vetted.
Details: The use of these agreements with the listed vendors will provide access to musical instruments from a large pool of vendors that can supply the equipment in a timely manner.
Financial impact: The total budget for the musical equipment in the amount of $1,801,248.64 will be allocated from cost codes SP5BUSEQUP.52135.FFE and SP5BUSEQUP.52135.FFE-GRTR5K under the voter-approved ESPLOST V program.
Contact: Dr. Sean R. Tartt, Acting Chief Academic Officer, Division of Teaching and Learning, 678-676-0323 
Dr. Penny Mosley, Assistant Superintendent (K-12), Division of Teaching and Learning, 678-676-0161 
Dr. Rose Prejean-Harris, Assistant Superintendent (6-12), Division of  Teaching &Learning, 678-676-0137 
Dr. Laura Neely,  Interim Director, Division of Teaching & Learning, 678-676-2862 
Ms. Monica Fogg, K-12 Music Coordinator, Division of Teaching & Learning, 678-676-0209
Effective: Upon Board of Education approval to May 31, 2027
Status: Approved by the Office of Legal Affairs
                        HARRIS COUNTY DEPARTMENT OF EDUCATION

                               CHOICE PARTNERS COOPERATIVE


                                               10

                                               Issued by:
                                            Choice Partners
                                          6005 Westview Drive
                                           Houston, TX 77055
                                Phone: 877-696-       Fax: 713-696-0732
                                        www.choicepartners.org




      Name of Company Submitting Proposal:

     Please provide the name and email of the individual completing this document:

     ___________________________________________________________________
    This will help expedite the processing of your documents for review and evaluation in case any corrections
    are needed.

      This form includes electronically fillable fields. Requested signatures may be digital or "wet signatures" as
     indicated in Section 3.1.2 of the RFP/CSP Document. Please review the document package in its entirety and
          complete all required fields. Missing sections or documents may result in delay of proposal and any
                                                     subsequent award.




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    HARRIS COUNTY DEPARTMENT OF EDUCATION VENDOR QUESTIONNAIRE
                                  (Please check ALL appropriate boxes below)

                                    CERTIFICATION OF RESIDENCY
    The following provision does not apply to a contract involving federal funds.
    The State of Texas has a law concerning non-resident vendors. This law can be found in Texas
    Government Code under Chapter 2252, Subchapter A. This law makes it necessary for HCDE/CP to
    determine the residency of its Vendors. In part, this law reads as follows:
    Section: 2252.001: "Non-resident bidder” refers to a person who is not a resident. “Resident bidder”
    refers to a person whose principal place of business is in this state, including a vendor whose ultimate
    parent company or majority owner has its principal place of business in this state.
    Section: 2252.002: "A governmental entity may not award a governmental contract to a nonresident
    bidder unless the nonresident underbids the lowest bid submitted by a resident bidder by an amount that
    is not less than the amount by which a resident bidder would be required to underbid the nonresident
    bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business
    is located.”
    Company submitting bid is a resident bidder:                                                 Yes      No
    City and state of vendor's principal place of business:

MINORITY/WOMEN BUSINESS ENTERPRISE, HISTORICALLY UNDERUTILIZED BUSINESSES,
  VETERAN-OWNED, DISADVANTAGED BUSINESS ENTERPRISES, AND LABOR SURPLUS
  Bidding companies that have been certified by the State of Texas (or other states’ agencies) as Historically
  Underutilized Business (HUB), Minority/Women Business Enterprise (MWBE), Veteran-Owned,
  Disadvantaged Business Enterprise (DBE), and/or Labor Surplus entities are encouraged to indicate their
  HUB, MWBE, Veteran-Owned, DBE, and/or Labor Surplus status when responding to this Bid Invitation.
  The following may be required by some CP members.
             Vendor certifies that this firm is a MWBE                                          Yes         No
             Vendor certifies that this firm is a HUB                                           Yes         No
              Vendor certifies that this firm is Veteran-Owned                                    Yes            No
              Vendor certifies that this firm is a DBE                                            Yes            No
              Vendor certifies that this firm is categorized as Labor Surplus                     Yes            No
  Please scan a copy of MWBE, HUB, DBE, Veteran-Owned, and/or Labor Surplus certification letter(s) and
  the percentage of your business with these suppliers, if applicable, in your proposal response in the Response
  Attachments section of the HCDE eBid System.

  I, the authorized representative for the company named below, certify that the information
  concerning residency certification, and MWBE, HUB, Veteran-Owned, DBE, and/or Labor Surplus
  certifications have been reviewed by me and the information furnished is true to the best of my
  knowledge.

  Contractor’s Name/Company Name:
  Printed Name                                 ___________________________________________


   mail Address:
  Signature of Authorized Representative:__________________________________




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All certifications must be initialed. Missing initials will result in incomplete submission and delay processing.
              HARRIS COUNTY DEPARTMENT OF EDUCATIONPROPOSER/VENDOR
                                          CERTIFICATION FORMS

            (1) CERTIFICATION REGARDING NO DIVERSITY, EQUITY, AND INCLUSION DUTIES

For purposes of this certification, “diversity, equity, and inclusion duties” means (1) influencing hiring or
employment practices with respect to race, sex, color, or ethnicity except as necessary to comply with state or
federal antidiscrimination laws; (2) promoting differential treatment of or providing special benefits to
individuals on the basis of race, color, or ethnicity; (3) developing or implementing policies, procedures,
trainings, activities, or programs that reference race, color, ethnicity, gender identity, or sexual orientation
except: (A) for the purpose of student recruitment efforts by colleges and universities designated as historically
black colleges and universities in collaboration with school districts; or (B) as necessary to comply with state
or federal law; and (4) compelling, requiring, inducing, or soliciting any person to provide a diversity, equity,
and inclusion statement or giving preferential consideration to any person based on the provision of a diversity,
equity, and inclusion statement.” TEX. EDUC. CODE § 11.005(a). In accordance with Texas Education Code §
11.005, Vendor hereby certifies that it does not and will not engage in diversity, equity, and inclusion duties at,
for, or on behalf of HCDE or any CP member that is a Texas school district. Vendor acknowledges that if
Vendor engages in DEI duties, the Vendor’s Agreement with HCDE and/or the Vendor’s Supplemental
Contract with a CP member that is a Texas school district is subject to termination; any appeal of any
termination of Vendor’s Agreement with HCDE shall be governed by HCDE Policy GF (Local), and any appeal
of any termination of Vendor’s Supplemental Contract with a CP member shall be governed by the CP
member’s applicable policy.
                                                        ______ Initials of Authorized Representative of Vendor

            (2) CERTIFICATION REGARDING VENDOR’S CONFLICT OF INTEREST

For purposes of this certification, “Vendor” means “a company, individual, contractor, subcontractor, or
professional services provider with whom a school district enters into an agreement, contract, memorandum of
understanding, interlocal agreement, fee schedule, retainer, or similar instrument for goods or services.” TEX.
EDUC. CODE § 11.067(a). Vendor acknowledges that it commits a criminal offense if Vendor bids on or receives
a contract from HCDE if any individual serving on HCDE’s Board of Trustees (1) has a substantial interest in
the Vendor or a subcontractor hired by the Vendor (meaning the trustee owns more than 10% of the voting
interest in the Vendor or has a direct or indirect participating interest by shares, stock, or otherwise, regardless
of whether voting rights are included, in more than 10% of the profits, proceeds, or capital gains of the Vendor);
(2) is related in the second degree by consanguinity or affinity to an individual who has a substantial interest in
the Vendor; or (3) has received or has been promised a gift or in-kind services with a value of more than $250.
                                                         ______ Initials of Authorized Representative of Vendor
                   (3) CERTIFICATION REGARDING TERRORIST ORGANIZATIONS

Vendor hereby certifies that it is not a company identified on the Texas Comptroller’s list of companies known
to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign
Terrorist Organization by the U.S. Secretary of State.
                                                          ______ Initials of Authorized Representative of Vendor




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                     (4) CERTIFICATION REGARDING BOYCOTTING OF ISRAEL

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 2271 of the Texas Government Code, 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 Israeli-controlled territory, but does not include an action made for ordinary business
purposes.
                                                        ______ Initials of Authorized Representative of Vendor

                   (5) CERTIFICATION REGARDING CONTRACTING INFORMATION

If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in
public funds for the purchase of goods or services by HCDE or a CP member; or (b) this Agreement results in
the expenditure of at least $1 million in public funds for the purchase of goods or services by HCDE or a CP
member in a fiscal year of HCDE or the purchasing CP member, the following certification shall apply;
otherwise, this certification is not required. As required by Tex. Gov’t Code § 552.374(b), the following
statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or
underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are
used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552,
Government Code, may apply to this RFP and Agreement and the contractor or vendor agrees that the contract
can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of
that subchapter.” Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies
and agrees to (1) preserve all contracting information related to this Agreement as provided by the records
retention requirements applicable to HCDE or the purchasing CP member for the duration of the Agreement;
(2) promptly provide to HCDE or the purchasing CP member any contracting information related to the
Agreement that is in the custody or possession of the Vendor on request of HCDE or the purchasing CP
member; and (3) on completion of the Agreement, either (a) provide at no cost to HCDE or the purchasing CP
member all contracting information related to the Agreement that is in the custody or possession of Vendor,
or (b) preserve the contracting information related to the Agreement as provided by the records retention
requirements applicable to HCDE or the purchasing CP member.

                                                   Initials of Authorized Representative of Vendor, if applicable




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         (6) CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES

  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 that is to be paid wholly or partly from public funds, the following
  certification shall apply; otherwise, this certification is not required. Pursuant to TEX. GOV’T CODE Ch. 2274
  of SB 13 (87th session), Vendor hereby certifies and verifies that Vendor, or any wholly owned subsidiary,
  majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does
  not boycott energy companies and will not boycott energy companies during the term of the Agreement. For
  purposes of this Agreement, the term “company” shall mean an organization, association, corporation,
  partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that
  exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose,
  refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize,
  inflict economic harm on, or limit commercial relations with a company because the company (a) engages in
  the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and
  does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b)
  does business with a company described by paragraph (a).” See TEX. GOV’T CODE § 809.001(1).

                                      ________ Initials of Authorized Representative of Vendor, if applicable

                     (7) CERTIFICATION PROHIBITING DISCRIMINATION AGAINST
                             FIREARM AND AMMUNITION INDUSTRIES

  If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; (c) this
  Agreement has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement
  is not excepted under TEX. GOV’T CODE § 2274.003 of SB 19 (87th leg.); and (e) HCDE or a CP member has
  determined that Vendor is not a sole-source provider or HCDE or a CP member has not received any bids from
  a company that is able to provide this written verification, the following certification shall apply; otherwise,
  this certification is not required. Pursuant to TEX. GOV’T CODE Ch. 2274 of SB 19 (87th session), Vendor
  hereby certifies and verifies that Vendor, or association, corporation, partnership, joint venture, limited
  partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary,
  majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a
  profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
  firearm trade association and will not discriminate during the term of this contract against a firearm entity or
  firearm trade association. For purposes of this Agreement, “discriminate against a firearm entity or firearm
  trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of
  any goods or services with the entity or association based solely on its status as a firearm entity or firearm
  trade association; (2) refrain from continuing an existing business relationship with the entity or association
  based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business
  relationship with the entity or association based solely on its status as a firearm entity or firearm trade
  association. See TEX. GOV’T CODE § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm
  trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that
  restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s
  refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business
  relationship, or decision to terminate an existing business relationship to comply with federal, state, or local
  law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is
  specific to the customer or potential customer and not based solely on an entity’s or association’s status as a
  firearm entity or firearm trade association.” See TEX. GOV’T CODE § 2274.001(3) of SB 19.

                                      ________ Initials of Authorized Representative of Vendor, if applicable

(8) CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION
                        WITH CRITICAL INFRASTRUCTURE

  HCDE and many CP members are prohibited from entering into a contract or other agreement relating to
  critical infrastructure that would grant to Vendor direct or remote access to or control of critical infrastructure
  in this state, excluding access specifically allowed by HCDE or a CP member for product warranty and support
   Updated 11.2025                                  Renewal Packet                                      Page 6 of 16
 purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent
 company, is (1) owned by or the majority of stock or other ownership interest of the company is held or
 controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a
 company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly
 controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3)
 headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this Agreement,
 “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid,
 hazardous waste treatment system, or water treatment facility.” See TEX. GOV’T CODE § 2275.0101(2) of SB
 2116 (87th leg.). Vendor verifies and certifies that Vendor will not grant direct or remote access to or control
 of critical infrastructure, except for product warranty and support purposes, to prohibited individuals,
 companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran,
 North Korea, Russia, or a designated country, as determined by the Governor.

                                       ________ Initials of Authorized Representative of Vendor, if applicable

            (9) CERTIFICATION REGARDING EMPLOYMENT ASSISTANCE PROHIBITED

   Vendor certifies and agrees that it shall not assist an employee, contractor, or agent of HCDE or of any other
   school district in obtaining a new job if the Vendor knows, or has probable cause to believe, that the individual
   engaged in sexual misconduct regarding a minor or student in violation of the law. Routine transmission of
   an administrative or personnel file does not violate this prohibition. See HCDE Policy CJ (Legal) and (Local).

                                                            ______ Initials of Authorized Representative of Vendor




(10) REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
          UNDER FEDERAL AWARDS – APPENDIX II TO 2 C.F.R. PART 200

  The following provisions are required and apply when federal funds are expended by HCDE or any CP
  member for any contract resulting from this procurement process. In the event of a conflict or
  inconsistency between the following terms and conditions and any provision of any contract, agreement,
  or Purchase Order, the following terms and conditions shall control. Accordingly, the parties agree that
  the following terms and conditions apply to the Contract/PO between HCDE or any CP member and
  Vendor in all situations where Vendor has been paid or will be paid with federal funds:

  (A) Contracts for more than the simplified acquisition threshold (2 CFR §200.320),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 HCDE or any CP member,
          HCDE/CP member reserves all rights and privileges under the applicable laws and regulations with
          respectto this procurement in the event of breach of contract by either party.

          Does vendor agree? YES_________ Initials of Authorized Representative of vendor




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(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by
whichit will be effected and the basis for settlement. (All contracts in excess of $10,000)

        Pursuant to Federal Rule (B) above, when federal funds are expended by HCDE or any CP member,
        HCDE/CP member reserves the right to immediately terminate any agreement in excess of $10,000
        resulting from this procurement process in the event of a breach or default of the agreement by Vendor,
        in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time
        specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments
        owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation;
        (4) ) to the greatest extent authorized by law, if an award no longer effectuates the program goals or
        priorities of the Federal awarding agency or HCDE/CP . HCDE/CP member also reserve the right to
        terminate the contract immediately, for convenience, if HCDE/CP member believes, in its sole
        discretion that itis in the best interest of HCDE/CP member to do so. The vendor will be compensated
        for work performed and accepted and goods accepted by HCDE/CP member as of the termination date
        if the contract is terminated for convenience of HCDE/CP member. If HCDE/CP member terminates
        the contract for any reason, written notice of termination will be provided to Vendor. Any award
        under this procurement process is not exclusive and HCDE/CP member reserves the right to purchase
        goods and services from other vendors when it is in the best interest of HCDE/CP member.

        Does vendor agree? YES_________Initials of Authorized Representative of vendor

 (C) Equal Employment Opportunity. In accordance with Executive Order 14173, Vendor’s compliance
 with all applicable federal anti-discrimination laws is material to receiving payment from HCDE/CP
 member. See 31 U.S.C § 3729(b)(4) of Title 31. Vendor must not operate any programs or enforce any
 policies promoting Diversity, Equity, or Inclusion that violate any applicable Federal anti-
 discrimination laws or that are discriminatory on the basis of giving preferential treatment to certain
 protected classes, including sex, race, or national origin. Vendor agrees to conduct merit-based
 employment practices. Vendor certifies that it complies with all administration Executive Orders and
 does not include any activities that promote DEI activities.

        Pursuant to Federal Rule (C) above, when federal funds are expended by HCDE or CP member, the
        equal opportunity clause is incorporated by reference herein.

         Does vendor agree to abide by the above? YES _______Initials of Authorized Representative of vendor
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation,
allprime construction contracts in excess of $2,000 awarded by recipients or subrecipients 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 mustbe 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 recipients or subrecipients
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 recipients or subrecipients must report all suspected or
reported violations to the Federal 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 employedin 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 recipients or subrecipients must report all suspected or reported violations
to theFederal agency.
          Pursuant to Federal Rule (D) above, when federal funds are expended by HCDE or any CP member,
          during the term of an award for all contracts and subgrants for construction or repair, the vendor will
 Updated 11.2025                                 Renewal Packet                                    Page 8 of 16
         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
contractsawarded by the recipients or subrecipients 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 inexcess of the standard work week is permissible provided that
the worker is compensated at a rate of not lessthan 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 federal funds are expended by HCDE or any CP member,
         the vendor certifies that during the term of an award for all contracts by HCDE/CP member resulting
         from this procurement process, the vendor will be in compliance with all applicable provisions of the
         ContractWork Hours and Safety Standards Act.

         Does vendor agree? YES _______ Initials of Authorized Representative of vendor

(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, and
any implementing regulations issued by the awarding agency.

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

         Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(G) Clean Air Act (42 U.S.C. 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 thatrequires 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 HCDE or any CP member,
         thevendor certifies that during the term of an award for all contracts by HCDE/CP member resulting
         from this procurement process, the vendor agrees to comply with all applicable requirements as
         referenced in Federal Rule (G) above.

         Does vendor agree? YES _______ Initials of Authorized Representative of vendor


(H) Debarment and Suspension (Executive Orders 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
 Updated12549
        11.2025(3 CFR part 1986 Comp., p. 189) and 12689
                                             Renewal Packet(3 CFR part 1989 Comp., p. 235), Page 9
                                                                                           “Debarment
                                                                                                   of 16
and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded byagencies, as well as parties declared ineligible under statutory or regulatory authority other
than ExecutiveOrder 12549.

          Pursuant to Federal Rule (H) above, when federal funds are expended by HCDE or any CP member,
          thevendor certifies that during the term of an award for all contracts by HCDE/CP member 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 anyfederal department or agency or by the State of Texas. Vendor shall immediately
          provide written notice to HCDE/CP if at any time the vendor learns that this certification was
          erroneous when submitted or has become erroneous by reason of changed circumstances. HCDE/CP
          may rely upon a certification of a vendor that the vendor is not debarred, suspended, ineligible, or
          voluntarily excluded from the covered contract, unless HCDE/CP knows the certification is
          erroneous.

          Does vendor agree? YES ________ Initials of Authorized Representative of vendor

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

Pursuant to Federal Rule (I) above, when federal funds are expended by HCDE or any CP member, the vendor
certifies that during the term and after the awarded term of an award for all contracts by HCDE/CP member
resulting from this procurement process, the vendor certifies that it is in compliance with all applicable
provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
           (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned,
               toany 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 contract, grant, loan, 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 subawards at all tiers (including subcontracts, subgrants, and contracts
              undergrants, loans, and cooperative agreements) and that all subrecipients shall certify and
              disclose accordingly.
         This certification is a material representation of fact upon which reliance was placed when this
         transaction was made or entered into. Submission of this certificate is a prerequisite for making or
         entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to
         filethe required certification shall be subject to a civil penalty of not less than $10,000 and not more
         than $100,000 for each such failure.

         Does vendor agree? YES __________Initials of Authorized Representative of vendor


 Updated 11.2025                                 Renewal Packet                                    Page 10 of 16
(J) Procurement of Recovered Materials – When federal funds are expended by HCDE or any CP
    member, HCDE/CP members and their 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:
    (1) 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
    maintaininga satisfactory level of competition, where the purchase price of the item exceeds $10,000
    or the value of thequantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring
    solid waste management services in a manner that maximizes energy and resource recovery; and (3)
    establishing an affirmative procurement program for procurement of recovered materials identified
    in the EPA guidelines.

   Pursuant to Federal Rule (J) above, when federal funds are expended HCDE or any CP member, as requiredby
   the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the vendor certifies,
   by signing this document, that (1) the percentage of recovered materials content for EPA-designateditems to
   be delivered or used in the performance of the contract will be at least the amount required by theapplicable
   contract specifications or other contractual requirements; and (2) vendor will ensure compliance with all of
   the aforementioned requirements in Federal Rule (J) above..

          Does vendor agree? YES _________Initials of Authorized Representative of vendor

   (K)    Consideration of Small, Minority, Women’s Business Enterprises, Veteran-Owned Businesses,
         and Labor Surplus Area Firms for Contracts Paid for with Federal Funds – 2 CFR § 200.321 –
         When federal funds are expended by HCDE or any CP member, Vendor must ensure that small
         businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor
         surplus area firms (See U.S. Department of Labor’s list) are considered for any subcontracting
         opportunities on the project by: 1) including these business types on solicitation lists; 2) soliciting these
         business types whenever they are deemed eligible as potential sources; 3) dividing procurement
         transactions into separate procurements to permit maximum participation by these business types; 4)
         establishing delivery schedules (for example, the percentage of an order to be delivered by a given date
         of each month) that encourage participation by these business types; and 5) utilizing organizations such
         as the Small Business Administration and the Minority Business Development Agency of the
         Department of Commerce.

          Does vendor agree? YES _________Initials of Authorized Representative of vendor




   Updated 11.2025                                  Renewal Packet                                      Page 11 of 16
(11) CERTIFICATION OF COMPLIANCE WITH NEVER CONTRACT WITH THE ENEMY – 2 C.F.R. §
                                     200.215

   When federal funds are expended by HCDE or any CP member for grant and cooperative agreements,or any
   contract resulting from this procurement process, that are expected to exceed $50,000 during theperiod of
   performance, and are performed outside of the United States, including U.S. territories, to a person or entity
   that is actively opposing United States or coalition forces involved in a contingency operation in which
   members of the Armed Forces are actively engaged in hostilities, HCDE or CP member will terminate any
   grant or cooperative agreement or contract resulting from this procurementprocess as a violation of Never
   Contract with the Enemy detailed in 2 CFR Part 183. The vendor certifies that it is neither an excluded
   entity under the System for Award Management (SAM) nor Federal Awardee Performance and Integrity
   Information System (FAPIIS) for any grant or cooperativeagreement terminated due to Never Contract with
   the Enemy as a Termination for Material Failure to Comply. HCDE or CP member has a responsibility to
   ensure no Federal award funds are provided directly or indirectly to the enemy, to terminate subawards in
   violation of Never Contract with the Enemy, and to allow the Federal Government access to records to ensure
   that no Federal award funds are provided to the enemy.

         Does vendor agree? YES ________Initials of Authorized Representative of vendor


     (12) CERTIFICATION OF COMPLIANCE WITH PROHIBITION ON CERTAIN
  TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT OR SERVICES – 2
                               C.F.R. § 200.216


  HCDE or CP member, as a recipient, is prohibited from obligating or expending Federal financial assistance,
  to include loan or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain,
  or (3) enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications
  equipment or services. Covered telecommunications equipment or services means any of the following: (1)
  Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
  subsidiary or affiliate of such entities); (2) for the purpose of public safety, security of government facilities,
  physical security surveillance of critical infrastructure, and other national security purposes, video
  surveillance and telecommunications equipment produced by Hytera Communications Corporation,
  Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
  affiliate of such entities); (3) telecommunications or video surveillance services provided by such entities or
  using such equipment; (4) telecommunications or video surveillance equipment or services produced or
  provided by an entity that the Secretary of Defense, in consultation with the Director of the National
  Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned
  or controlled by, or otherwise connected to, the government of a covered foreign country. For the purposes
  of Section 200.216, covered telecommunications equipment or services also include systems that use covered
  telecommunications equipment or services as a substantial or essential component of any system, or as critical
  technology as part of any system. The vendor certifies that vendor will not procure or obtain, as set forth
  above, covered telecommunications equipment or services, as defined herein.
         Does vendor agree? YES _________Initials of Authorized Representative of vendor




  Updated 11.2025                                  Renewal Packet                                     Page 12 of 16
 (13)   CERTIFICATION OF COMPLIANCE WITH WHISTLEBLOWER PROTECTIONS – 2 C.F.R. §
                                                        200.217
  If vendor is a subrecipient of HCDE or a CP member, vendor must not discharge, demote, or otherwise
  discriminate against an employee as a reprisal for disclosing to a person or body described in paragraph (a)(2)
  of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement
  of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal
  contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or
  regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.
  Vendor must inform its employees in writing of employee whistleblower rights and protections under 41
  U.S.C. 4712. See statutory requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712,
  41 U.S.C. 4304, and 10 U.S.C. 4310.
         Does vendor agree? YES _________Initials of Authorized Representative of vendor


 (14) RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH
                    FEDERAL FUNDS – 2 C.F.R. § 200.334

 When federal funds are expended by HCDE or any CP member for any contract resulting from this
 procurement process, the vendor certifies that it will comply with the record retention requirements detailed in
 2 CFR § 200.334.The vendor further certifies that vendor will retain all records as required by 2 CFR § 200.334,
 including, without limitation, financial records, supporting documentation, and statistical records, for a period
 of threeyears after grantees or subgrantees submit final expenditure reports or quarterly or annual financial
 reports, as applicable, and all other pending matters are closed.

         Does vendor agree? YES _________Initials of Authorized Representative of vendor


  (15) CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS
  APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS,
       AND CONTRACTS IN EXCESS OF $100,000 OF FEDERAL FUNDS


 When federal funds are expended by the purchasing CP Member for any contract resulting from this
 procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all
 applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as
 amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive
 Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

         Does vendor agree? YES _________Initials of Authorized Representative of vendor


(16) CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT


 When federal funds are expended by the purchasing CP Member 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 (Pub. L. 94-163, 89 Stat. 871).

         Does vendor agree? YES _________Initials of Authorized Representative of vendor




  Updated 11.2025                                 Renewal Packet                                    Page 13 of 16
       (17) CERTIFICATION OF EQUAL EMPLOYMENT STATEMENT


   It is the policy of HCDE/CP and most purchasing CP Members not to discriminate on the basis of race, color,
   national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees
   not to discriminate against any employee or applicant for employment to be employed in the performance of
   this Contract, with respectto hire, tenure, terms, conditions and privileges of employment, or a matter directly
   or indirectly related to employment, because of age (except where based on a bona fide occupational
   qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion,
   national origin, or ancestry. Vendor further agreesthat every subcontract entered into for the performance of
   this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding
   upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract.

           Does vendor agree? YES_________Initials of Authorized Representative of vendor

(18) CERTIFICATION OF COMPLIANCE AS A RESPONSIBLE CONTRACTOR – 2 C.F.R. § 200.318

  When federal funds are expended by HCDE or a CP member for any contract resulting from this procurement
  process, the vendor certifies that the vendor will be in compliance with mandatory regulations, legal
  requirements, standards, and policies relating to: contractor integrity, public policy compliance, proper
  classification of employees (see the Fair Labor Standards Act, 29 U.S.C. 201, chapter 8), past performance
  record, and financial and technical resources when conducting a procurement transaction.
           Does vendor agree? YES_________Initials of Authorized Representative of vendor


             ( 19) CERTIFICATION OF DOMESTIC PREFERENCES FOR PROCUREMENTS AND
            COMPLIANCE WITH BUY AMERICA PROVISIONS – 2 C.F.R. § 200.322(a) and (b)

  To the greatest extent practicable and consistent with law, HCDE or CP member has a preference for the
  purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not
  limited to iron, aluminum, steel, cement, and other manufactured products) when spending federal funds.
  Vendor agrees that the requirements of this section will be included in all subawards, contracts, and purchase
  orders under this federal award. Purchases that are made with non-federal funds or grants are excluded from
  the Buy America Act. 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. “Produced in the United States” means, for iron and
  steel products, that all manufacturing processes, from the initial melting stage through the application of
  coatings, occurred in the United States. “Manufactured products” means items and construction materials
  composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products
  such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

           Does vendor agree? YES_________Initials of Authorized Representative of vendor




    Updated 11.2025                                Renewal Packet                                    Page 14 of 16
        (20) CERTIFICATION OF DOMESTIC PREFERENCES FOR PROCUREMENTS AND
             COMPLIANCE WITH BUY AMERICA PROVISIONS – 2 C.F.R. § 200.322(c)

2 CFR § 200.322(c) requires federal agencies providing Federal financial assistance for infrastructure projects
to implement the Buy America preferences set forth in 2 CFR part 184. Consequently, to the extent applicable
and pursuant to the Build America, Buy America Act (“BABA”), when HCDE or a CP member is the recipient
of an award of Federal financial assistance from a program for infrastructure, none of the funds provided under
the award may be used for an infrastructure project unless all iron and steel, manufactured products, and
construction materials incorporated into the project are produced in the United States. “Infrastructure” means
public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and
equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime
facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems,
including drinking water and wastewater systems; electrical transmission facilities and systems; utilities;
broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that
generate, transport, and distribute energy including electric vehicle (EV) charging. Vendor hereby certifies
and agrees that it is in compliance with all applicable provisions and requirements of the Buy America
Preference, including, but not limited to, all BABA requirements and/or guidance that are specific to the
Federal agency awarding the Federal financial assistance, including, but expressly not limited to: the U.S.
Department of Education, the U.S. Department of Health and Human Services, and the U.S. Department of
Agriculture (collectively, the “Buy America Preference Requirements”).

The Buy America Preference Requirements shall flow down to and be included in all subawards of the Federal
award to all subrecipients at all tiers, including all contracts and purchase orders for work performed or
products supplied under the Federal award. Vendor shall be responsible to obtain certifications of compliance
with the Buy America Preference Requirements from such subrecipients, to retain such certifications in
accordance with the record retention requirements applicable to the Federal award, and to provide copies of
such certifications, upon request, to HCDE, the CP member, and/or the awarding Federal agency.

        Does vendor agree? YES _________Initials of Authorized Representative of vendor



                   (21) CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.337

Vendor agrees that HCDE, CP member(s), Inspector General, Department of Homeland Security, FEMA, the
Comptroller General of the United States, or any of their duly authorized representatives shall have access to
any records of Vendor, and its successors, transferees, assignees, and subcontractors thatare directly pertinent
to the Contract for the purpose of performing audits, executing site visits, or any other official use . This right also
includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion
relating to such documents, this contract, or the federal award in general. Vendor agrees to permit any of the
foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably
needed. Vendor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the Contract.

        Does vendor agree? YES _________Initials of Authorized Representative of vendor



 (22) CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing
terms andconditions.
        Does vendor agree? YES _________Initials of Authorized Representative of vendor

 Updated 11.2025                                    Renewal Packet                                       Page 15 of 16
       (23) 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.
        Does vendor agree? YES _________Initials of Authorized Representative of vendor

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/Company Name:
 Address, City, State and Zip Code: _________________________________________________________
 Phone Number _________________________________________________________________________
 Printed Name of Authorized Representative: __________________________________________________
 Title of Authorized Representative: _________________________________________________________
 Email Address:                                                      ________________________________
 Signature of Authorized Representative:_____________________________________________________
 Date: ________________________________________________________________________________




 Updated 11.2025                                Renewal Packet                                    Page 16 of 16
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Feb 13, 2026 03:18:40 PM GMT                                                                                 1