Loading...
HomeMy WebLinkAboutContract 63729fORTWORTH .. CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT CSCNo. 63729 This Cooperative Purchase Agreement (" Agreement") is entered into by and between the City of Fort Worth ("City"), a Texas home rule municipality, and Testforce USA, Inc ("Vendor") City and Vendor are each individually referred to herein as a "party" and collectively referred to as the "parties." The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1.This Cooperative Purchase Agreement;2.Exhibit A -Buyboard Cooperative Contract No. 760-25;3.Exhibit B -Conflict of Interest Questionnaire.The Exhibits referenced above, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached documents, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Agreement shall control City shall pay Vendor in accordance with the pricing index in Exhibit A and the provisions of this Agreement. Total payment made annually under this Agreement by City shall not exceed One Hundred Thousand and 00/100 dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such items, services, and/or expenses. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on January 31, 2026. City shall be able to renew this agreement for two (2) one-year options by written agreement of the parties. Provided, however, the term of this Agreement shall not extend beyond the term of Buyboard 760-25 attached hereto as Exhibit A, unless it is extended, renewed, or followed up by a substantially similar cooperative agreement ("Successor Contract") from Vendor and Buyboard and the parties agree in writing to incorporate such extension, renewal, or use of Successor Contract into this Agreement. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that Cooperative Purchase Agreement Page 1 of7 City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: City Manager's Office 100 Fort Worth Trail Fort Worth, TX 76102 To VENDOR: Test Farce USA, Inc Attn: Legal Department 4552 Sunbelt Drive Addison, TX 75001-5131 With copy to Fort Worth City Attorney's Office at same address IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under the Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Cooperative Purchase Agreement Page 2 of 7 Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate the Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. Data Breach. Vendor further agrees that it will monitor and test its data safeguards from time to time, and to adjust its data safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If Vendor suspects or becomes aware of any unauthorized access to any financial or personal identifiable information ("Personal Data") by any unauthorized person or third party, or becomes aware of any other security breach relating to Personal Data held or stored by Vendor under the Agreement or in connection with the performance of any services performed under the Agreement or any Statement(s) of Work ("Data Breach"), Vendor shall immediately notify City in writing and shall fully cooperate with City at Vendor's expense to prevent or stop such Data Breach. In the event of such Data Breach, Vendor shall fully and immediately comply with applicable laws and shall take the appropriate steps to remedy such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, suits, causes of action, liability, loss, costs and damages, including reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Vendor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of City. All Personal Data to which Vendor has access under the Agreement, as between Vendor and City, will remain the property of City. City hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for Vendor to carry out its duties and responsibilities under the Agreement, any applicable Statement(s) of Work, or as required by law. Vendor will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under the Agreement, unless authorized in writing by City. Vendor's obligation to defend, hold harmless and indemnify City shall remain in full effect if the Data Breach is the result of the actions of a third party. All Personal Data delivered to Vendor shall be stored in the United States or other jurisdictions approved by City in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of City. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Cooperative Purchase Agreement Page 3 of 7 Prohibition on Boycotting Ener�y Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276.001 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274.001 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the Ciry thatVendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Applicable Laws. The laws of the State of Texas shall govern this Agreement. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas. [Signature Page Follows] Cooperative Purchase Agreement Page 4 of 7 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: By: D�no (Jul 25, 2025 14 :35:41 CDT) Name: Dianna Giordano Title: Assistant City Manager Date: 07/25/2025 APPROVAL RECOMMENDED: By: Name: Kevin Gunn Title: Director, IT Solutions ATTEST: By: r1� Name: Jannette S. Goodall Title: City Secretary VENDOR: Testforce USA, Inc By: Name: Title: Date: General Manager 11JUL25 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Lawrence Crockett (Jul 17, 202515:55 CDT) Name: Lawrence Crockett Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Hye Won Kim Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: NIA Approval Date: NIA Form 1295: NIA EXHIBIT A Buyboard Cooperative Contract No. 760-25 (ATTACHED) Cooperative Purchase Agreement — Exhibit A Page 6 of 7 `�: � r � Menu Vendor TestForce USA Inc Contact Rob Barden Phone 972-980-9959 Phone Extension 7824 Email orders@us.testforce.com Vendor Website www.testforce.com TIN 32-0529718 Address Line 1 4552 Sunbelt Dr Vendor City Addison Vendor Zip 75001 Vendor State TX Vendor Country USA Delivery Days 10 Freight Terms FOB Destination Payment Terms Net 30 Shipping Terms Freight prepaid by vendor and added to invoice Ship Via Common Carrier Designated Dealer No EDGAR Received Yes Service-disabled Veteran Owned No Minority Owned No Women Owned No National No No Foreign Terrorist Orgs Yes No Israel Boycott Yes MWBE No ESCs All Texas Regions States All States Contract Name Technology: Hardware Equipment and Products Contract No. 760-25 Effective 02/01/2025 Expiration 01/31/2028 Accepts RFQs Yes u 5/22/2025 4:11 PM Paae 1 of 1 �u � � �y � 1 1 1 • • Electronic Delivery Rob Barden Testforce USA, Inc. 4552 Sunbelt Dr Addison, TX 75001-5131 Welcome to BuyBoard! P.O. Box 400, Austin, Texas 78767 800.695.2919 • info@buyboard.com • buyboard.com Re: Notice of The Loca/ Government Purchasing Cooperative ContractAward; Proposal Invitation No. 760- 25, Technology: Hardware Equipment and Products Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoardO contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of February 1, 2025, through ]anuary 31, 2026, and may be subject to two possible one- year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 760-25 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. Once the contract is active, the BuyBoard vendor relations stafF will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, feel free contact me at bids@buyboard.com. Sincerely, ����� Ava Benford, Cooperative Procurement Manager Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative �.oz.oi.zozi �T�r � Endorsed by: 1 ML �o TAss_ TASA� •�� vi Fm�iA� i • � Board� National7urchasinr� Cooperative Electronic Delivery Rob Barden TestForce USA, Inc. 4552 Sunbelt Dr Addison, TX 75001-5131 Welcome to BuyBoard! Re: Notice ofNationa/ Purchasing Cooperative Award; Proposal Invitation No. 760-25, Technology: Hardware Equipment and Products Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoardO contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of February 1, 2025, through January 31, 2026, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 760-25 at www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you have reason to believe has not been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com A list of National Cooperative members is available on the buyboard.com website. Once the contract is active, the BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, feel free to contact me at bidsCcc�buyboard.com. Sincerely, / ��%� J '� Ava Benford, Cooperative Procurement Manager Texas Association of School Boards, Inc., Procurement Administrator for the National Purchasing Cooperative �.o2.oi.2o2i � � �� -- P.O. Box 400, Austin, Texas 78767-0400 800.695.29i9 • buyboard.com � ��i � • ! � •_� P.O. Box ROD, Austln, Taxas 78T67 600.695.2919 • bidsLd�huyboard.com � buyboard.com PFi�PASEFt'S ACCEPTANCE i4ND AGREEMENT Proposal In�itation Name Proposaf Due Date/Openir�g Date and Time Technology: Nardware �quipment and Products August 15, 2024, at 4:00 PM Location of Proposai Opening Propasal I��ritation Number Texas Association af School Boards, Inc. 760-25 BuyBoard Department 12007 Research Bivd. Austin, TX 78759 Contract Term Anticipated Cooperati�e Board Meefing Date �ebruary 1, 2025, through ]anuary 31, 202b, October 2024 with two possible one-year renewals. 8y signature be/ow, the underslgned acknowledges and agrees fhat you are authorized to su6mlt thls Proposal, Inc/uding making a11 acknow/edgements, cansents, and tertlficat/ons herein, on 6eha/f of Prapaser and, t'o the 6est vf ynur know/edge, the Information pravlded !s true, accurate, and complete. Testforce USA, Inc. Name of Proposing Campany 4552 Sunbelt Dr Street Address 7-31-2024 Date �~ ' Signature of AutF�arized Company Official Addison, TX 75401-5131 City, State, Zip 972-980-995�9 Telephane Number of Authorized Company OfFicial Bill Snipes Printed Name of Authorized Company Official VP of Operations Position or TitEe of Authorized Company Official 320529718 �ax Number of Authorized Campany Offcial Federal ID Number Page 10 of 67 PaoFosa� Fo�Ms COMM/SVCS v.04.23.2024 � �0���� P•O. 8ox AOO, Austin, Tex.as 78767 � BQ0.695.29�9 • blds�a;buyboard.com • buyboartf.cant PR4PQSAL F�RMS PART 1: COMPLIANCE FORMS IN�TRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1: ■ Proposal Acknowledgements • Felony Conviction Disclosure ■ Resident/Nonresident Ce�tificaiian ■ Debarment Certifcation � Vendor Employment Certification • No Boycatt Verificatian � iVo Excluded Natian or Foreign Terrorist Organization Certification ■ Historically Underutilized Business Certification ■ Acknowledgement of BuyBoard Technical Requirements ■ Constructian-Related Goods and Ser�ic2s Affirmation ■ De�iation and Compliance ■ Vendor Consent for Name Brand Use ■ Confdential/Proprietary Information ■ EDGAR Vendor Certification ■ Compliance Forms Signa�ure Page An authorized represen�atir►e of Propaser mustlnitial in the 6ottom rlght cornervfeach page where incficated and compfete and sign tf�e Comp[iance Forms Signature Page. Proposer`s failure ta fully complete� initial, and sign farms as required may result in your Proposal being rejected as non-responsi�e. PFtOP��AL ,�4CfCMOWLEDGEMENTS The proposing company ("you" or "your"} hereby acknowledges and agrees as follow5; 1. You have carefully examined and understand all information and documentation associated wit� this Proposal Invitation, inci�ding the Instructions to Praposers, General Information, General Terms and Conditions, attachments/forms, appendices, item speciflcations, and line items {collectively "Requirements"�; 2. By your response ("Proposa�"� to this Proposal Invitation, you propose to supply the products or ser�ices submitted at the pric9ng quoted in yaur Proposal and in stritt compliance with the Requirements, unless specific deviations or exceptions are noted �n the Propo�al; 3. By your Praposal, you acknowledge and certify all items set farth in the General Terms and Conditions, 5ection B.12 (Cerkifications), including all non-collusion certifications and certifications regarding legal, ethical, and other matters set forth therein, 4. Any and all de�iations and exceptions to the Requirements ha�e been noted in your Proposal on tf�e required forrr� a�d no others will be claimed; Initial: � � Page 11 of fi7 PUOpaSa� FORmS COP7M�SVCS V.04,23.2024 ��i / 1 ! � • • P.O. 6ox 400, Aus[In, Texas 78767 800_695,2919 • Gids(uihuyF�oard.com - buyhoard.com 5. If the Cooperative accepts any par� of your Proposal and awards you a Contract, yflu will furnish all awarded products ar services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are r�oted on the required form and accepted by the Caflperative}, including without limitation the Requirements related to: a. conducting business with Cooperative members, in�luding ofFering pricing to members that is the best yo� offer compared to similarly situated customers in similar circumstances; b. payment of a service fee in the amount sp�cified and as provided for in this Proposaf Invitation; c. the possible award of a piggy-back contract by the National Purchasing Cooperative ar nonpro�t entity, in which e�ent you will offer the awarded praducts and services in accordance with the Requirements; and d. submitting price sheets or catalogs in �he pro�er format as required by the Cooperative as a prerequisife to activation of your Contract; 6, You have clearly identified on the included form any information in yaur Praposal that yau believe to be confidential or praprietary or that yau do not consider to be public information subject to public cfisclosure under the Texas Public Information Act or similar public information faw; 7. 7he indiviclual submitting this Praposal is duly authorized to enter into the contractual rela�ionship represented by this Proposaf Invitation an yaur behalf and bind yau ko the Requirements, and such individual (and any individual signing a form or Proposal document) is autharized and has the requisite knowledge to provide the infarmation and make the representations and certifications required in the Requirements; 8. Yau have carefully reviewed your Proposal, and certifiy t�at all informatior� provided is true, complete, and accurate to the best of your knowledge, and you a�tthorize the Cc�opera�ive to take such actian as it deems appropriate to �erify such information; and 9. Any misstatement, falsification, or omission in your Proposal, whene�er or however discovered, will be grounds for disqualifying you from consideration for a co�tract award under this Proposal Invitation, termination af a contract award, or any other remedy or action provided for in the General Terms and Condit€ons or by law. FEL(3NY C��1VI�;TI�fV DI�CLOSURE Subsection (a) of Section 44.p34 of the Texas Edu�atian Code (Notification of Criminal History oF Contractor} states: i'A p�rson or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been con�icted of a felony. The notice must incl�de a general description of t�e conduct resulting in the ronviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the distr€ct cietermines that the person or business entity failed to gi�e notice as required by Subsection {a) ar misrepresented the conduct resuiting in the conviction. The district must compensate the person or business entity for serv'sces perform�d before the termination of the contract." Please check (,/j one of the following: ❑ My company is a publicly-held cor�oration. tadv�nce not�ce �equ�rement does not a�p�y to pubiicly-held corPoration.7 ❑■ My company is not owned or operated by anyone wha has been convicted of a felony. ❑ N!y company is owned/opera�ed by the following individua!(s) who has/have been convicted of a Fefony: Name of Felon(s): Details of Conviction(s); Znitial: � � Page 12 of 67 Pao�asr.� FoeM5 COMM/�CS v.d4.23.2024 � i � ! � � • P.O. 6nx 460, Austln, Texas 78767 800.695_2919 • ulds�u)huyboard_com • buyhoard.coi�� RESIDENT/NONRESYDEIVT CERT�FICATION Chapter ��5z, Subchapter A, of the Texas Government Code establishes certain r�quirements applicable to proposers who are not Texas residents, Under the statute, a"resident" propaser is a person whose principal place of b�siness is i� 7exas, ir�cluding a contractor whose ultimate parent company or majoriry owner has its principal piace of �usiness in 7exas. A "nonresEdent" proposer is a person who is not a Texas resident. Please indicate the status oF your company as a'�resident" proposer or a"nonresident" proposer under these definitians. Please check (�/j ane of the following: ■�] I certify that my company is a Resident Proposer. ❑ I certifiy that my company is a Nonresident Proposer, If yaur company is a�Vonresident �roposer, you must provide the foElowing inFormation for your residen� state (the state in which yaur company's principal place of business is located): Company Name City Address Siate Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yaurs by a prescribed amount or percentage ta recei�e a comparable contract? ❑ Yes � No B. What is the prescribed amaunt or percentage? $ or DEE3i4R1�lEIVT �ERTIFICATI�N o�fl By signature on the Complian�� Forms 5ignature Page, I certify that neither my company nor an owner or princi�al of my company has been debarred, suspended or otherwi5e made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspensfon," as described in the Federal Register and Rules and Regulations. Neit�er my company nor an owner or principal of my company is currently listed on the governrr�ent-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agen�ies ar declared ineligible under any statutary or regulatory authority. My company agrees to ir�mediately not€fy ti�e Caoperative and all Cooperativ� members with pending p�rchases or seeking to purchase From my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded �y agencies or declared ineligib[e under any sta�utory or regulakary authority. VEIVDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the T�xas Educatian Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Amang the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majoriry owner (i) has its pri�cipal place of business in Texas; or (ii} emp�oys at least 500 people in Texas. If neither yaur company nor the ultimate parent company or rr�ajority owner �as its principal place of business in Texas, does your cflmpany, ultimate parent campany, or majorfty owner cmploy at least 5D0 peopfe in Texas? _ Please check (✓j one of the follor�ving.� ❑ Yes [1� No Initiaf: � � Page 13 of 67 PaoNnsal FORr�s COMMfSVCS v.04.23,2024 ��i f / / � ��5� P.O. Box ROO, Ausiln, Texas 78767 an0_695.29t9 • bidsra�buyboard.cor►t + buyhoard.com N� �OYCOTT VERIFiCATTON A Texas governmental entity may not enter into a cor�tract with a value of $100,0�0 or mflre that is to be paid whalfy or �artly from public funds with a company (excluding a sole proprietorship) that has 10 or more Full-time employees for gaods or services unless the con�ract contains a writ�en ��rification from the company that it: (1} does not boycott Tsrael and will nat boycoCt Israel during the term of the contract (TEx. Gov'T Co�E Ch. 2271), (2) does not boycott energy companies and wiil not boycott energy companies during the term of the contract (TEx. Gov�Ca�E Ch. 2276), and (3) does not have a pract€ce, policy, guidance, or ciirective that discriminates against a firearm entiEy or firearrr� trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade associatian {T�x. GovT CooE Ch. 2274). Accordingly, this cer�ification form is included to the extent required by iaw, �'Boycott Israel" means refusing to deal with, terminating business activit€es with, ar otherwise taking any action that is intended to penafize, inffict economic harm on, or limit cammercial relatio�s specifically with Israel, or with a person or entity doing business in Israel or in an IsraQli-con�rolled territory, but does not incfude an action made for ordinary business purposes. TEx. Gov'T Coo� §808,001{1). "Boycott en�rgy company" means, without an ordinary business �urpose, refusing ta deal with, terminating business acti�iti�s with, or atherwis� taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utiiization, transportatian, sale, or r�-�anufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and s�ate law; or {B) does business with a company described by Paragraph {A}. TEx. Gov'T CODE §809.001(1). "Discrimir�ate against a firearm entity or Firearm trade association" means, (A) with respect to the entity or association, ta: (i) refuse to engage in the trade oF any goods or ser�ices with th� entiry ar association based solely an its status as a firearm entity or firearm trade association; (ii} refrain from continuing an existing business relationship with the entity or associatian based soleiy on its status as a firearm entity or firearm trade association; ar (iii} terminate an existing business relatianship with the entit�/ or association based solely on its status as a Frearm entiry ar firearm trade association; and (B} does not include: (i} the established palicies of a merchar�t, retail seller, or pfatForm that restrict or prohibit the listing or setling of ammunition, firearms, or firearm accessories; and {ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from contir�uing an existing business relationship, or decision to �erminate an existing business relationship; (aa) to comply with federaf, state, or local law, policy, or regulations or a directive by a regulatary agency; or (bb) for any traditional business reason that is specific to the customer ar potential custarrzer and not based salely on an entity's or association's status as a frearm en�ity or firearm trade assaciation. T�x. Gov'T CODE §2Z74.001(3�. By signature on the Compiiance Forms Signature Page, to the extent applicable, I certify and verify that Vendar does not boycott Israel, boycott energy corr�panies, or discriminate against a firearm enti�y or firearm trade association and w�ll not da so during the term of any cor�traet awa€-ded under �his Proposal Invitatian, that this certifcation is true, complete and accurate, and that I arrt authorized by my campany to make this cerhification. Initiai: � � Page 14 of 67 PaaPosn� FoaMs COMM/SVCS v.04.23.2024 �' ���� P.C7. �p% 400, AuRtCI�, TexFAs T87�7 '� �oa.�95.297�1 • lald�Cu�b�y�saard.aanti • �uyF�oar�i.co�» , • ��1 � � :���� . r � � � �� . � �� . .� . _ � . � ;�: � �, ; . � . � � . y � Chapl�r 2252 of the Texas Gqver�man� Cade �rovides that a Texas governmental entity may not enter into a cpntract with a corr�pany engaged in active bus9ness operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identi�fed on a list prepared and maintained by the Texas Comptroller under Texas Govarnment Code §§806,051, 8�7.051, or 2252.153. (A company �hat the U.S. Government affirmatively declares to be excluded from i�s federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relaiing to a fareign terrorist organizatlon is nor subjecr to the contract prohibition.} By signature on the Compfiance Forms Signature �age, I certify and verify that Vendor is not on �he Texas Comptroller's lis� lden�ifed-�bo�e; that-this-cer�ifica�lon Is-true! complete-and-accurate; and that-I--am-authariz�d-by-my-company-to-make this certiflcation, , - ��� }:; �; 1; �, .. ■ ' , � 'w: !. �� . . . � . , ,, ,'� A Proposer that has been certi�ed as a Flistorically Underutilize� Business (alsa �Cnown as a Minority/Women Business Enterprise or "MWB�" and all referred to in this form as a"HL1B'� is encouraged to ir�dicate fts HUB carti�lcation staius when responding to this Proposal I�vitation. The BuyBoard website will indicate HUB certiflcations for awarded Vendors that properly indicate and document their E1UB certification on this form. (Please c�ieck (�l) aU that apply) � �1 I oertiFy that my company has been certified as a HUB €n the following categories: ❑ Min�rity Owned �iusiness ❑ Women O�nrned Busine�s ❑ Ser�►ice-Disa6led Veieran Owned �usin�ss (rreteran defined by 38 U.S.C. §�.0�.(2}, who ha� a serv�ce-connected disability as de�ned b�► 3� 11.S.C. § 101(16), and w�o has a disability ra�ing of 20% or rr�ore �s determin�d i�y the U. S. Departrnen� af Veterans AfFairs or D�p�r�ment oF Oefense) Certification Numh�r: Name of ��rtifying Agency: My company has NOT been certified as a HUB. � f� � `;�� � � �".� �,�' � � _ . .i � .; ; S �' �l�� R. Vendar shall revfew the BuyBoard Technical R�quirements included in this Proposai Invitation. By signature on the Compliance �orms 5ignature Page, the undersigned affirms that ProAoser has obtained a copy of the BuyBoard iechnical Requirements, has read and unders�ands the requlrements, and certifies that Vendor is able to meet and will comply with fihose req�alrements exc�p�.as follows: �.C,ist and explain Buy�oard. Technical Requirerrments, r�any, fo r�hich your. company cannot or v�rill nat comply,J �lote: In acoordance with the General Terms and Condltio�s oF the Contract, to the extent Vendar is awarded a Con�ract under this Proposal Tnvitation but is unable or unwilling to mee� the applicabl� BuyBoard Technlcal Requlrements, the information available an the BuyBoard for Vendor's awarded products ar services may be Ilmited, potentlally placing Vendar �t�disad�antage and-impacting-the-ability�of Ca�perati��m�mb�rs�a�arc�, frrrd; r�oiew! and-par���/�rFd�r`� award�cf products and ser�ices on the BuyBoard website. Further, ta the ex�en� Vendor has acknawledged ability io meet and comply with ti�e BuyBoard Technical Requirements, any subsequent fallure or refusal by Vendor to promptly provide inForrr�atlon upon request to the Cooperative administrator in accordanc�e with those technical requirements may foe deemed an �e of default under khe Contract. �nitial: �� Page 15 of b7 PaoFosw. FORMs CoMM/svCS v.64,23.2az4 ��i I I � � � • �.4. 6ox 4D0, Aust[��, Texas 78767 SOD.695.2919 • bidsra�buyhoard_com • btlyhoard.com CONSTRUCTIQN-RELATED G44DS AND SERViCES AFFIRMATI�N The Cooperative issued the 6uyBoard Procurement and Canstruction-Related Gaods anci Servfces Advisory far Texas Members ("Advisory'�, which provides information specifi�ally relevant to the procurement of cor�struction-related goods and services by Texas Cooperati�e members. The Advisory, available at buyboard.comlVendorlResources,aspx, provides an over-view of certain legal requirements that are potentially relevant to a Caop�rative member's procurement of construction or consCructian-related goods and 5ervices, including those for projects that may invol�e or require architecture, engineering or independent testing services. A copy of the Advisory can alsa be provided upon request. Because rrtany BuyBoard contracts include goods or installation se�vices that might be considered construction-related, Proposer must make this Construction Related-Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. A contract awarcled under this Propasal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Ad�isory ("Advisory'�, 7'exas law prohibiks the procuremen# of architecture or engineering services through a purchasing cooperative. This Proposal In�itation and any Contract awarded thereunder does not includ� such services. Architecture or engineering services musE be procured by a Cooperative member separately, in accordance with the Prafessianal Serrrices Procurement Act (Chapter 2254 of the Texas Go�ernment Code} and other applicable law and lacal palicy. By signature on the Compliance Forms Signature Page, Pro�oser affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and �s author€zed by Proposer io make this afFirmation. If Proposer sells construction-related gaods or ser�ices to a Coaperative member und�r a Contract awarded under �his Proposal Invitation, Proposer will cornply with the Advisory and applicable legal requirements, make a goad faith effort to make its Cooperative member customers or po�entia! Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before accepting the member's Purchase Order or other agreement for construction- related goods or services. Initial: � � Pag� 15 of 57 PRo�sa� PORMs COMM�SVCS v,pq.23.2024 ��i f 1 1 � • ! RO. Bbx 400, Austfll, Texas 76757 800.895.29�9 • hidsrcil6uypoard.com • buybaard.cam DEVZATION AND COMPLIANCE If yaur company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal In�itation, you MUST list all such de�iatians on this farm, and provide carnplete and de�ailed fnformation regarding the deviations on this form or an attachment to this form. Prior to compte#ing this form, Vendor shall re�iew the General Terins and Conditions section B.4 (De�iations from Item Specifications and General Terms and Conditions). Please no#e that, as pra�ided in section 6.4, cer#ain pra�isians of the General Terms and Conditions are NQT suhje�t to de�iation, and �ertain de�iatians will be deemed rejected without further action by the Caop�ra#i�ve. Any attempt�d de�iation, whether dir�ctly or indirectiy, ta provisions itlentified in this Praposal In�itatior� as not subjett to deviation shall be deemed rejected by #he Cooperati�e and, unless otherwise withdrawn by Vendar, may result in Vendor's Proposal being rejected in its entirety. The Cooperative will cansider any deviations in its contracC award decision and reserves the right to accept or reject a proposal based upon any submitted deviatian. In the absence �f any deviation identi�ied and described ir� accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal 5pecifications and all other requirements associated with this Proposal Invitatian if awarded a Contract under this Proposal Invitation. A deviation will not be efFective unless accepted by the Cooperativ�. 7he Coaperative, by and through the Cooperative administrator, may, in its sole discretion, seek clarification f�om and/or communicate with Proposer(s} regarding any submitted deviation, cansistent with general procurement principles of fair competition. The Cooperative reserves the right to accepi or reject a Proposal based upon any submitted deviation, Please check (�/J ane of the falloyving: 0■ NO; De�ia#ions ❑ YeS; oe�iations List and fully explain any deviations you are submittir�g: Initial• U � Page 17 of 67 PkO�SA� FORMS COMh1JS/CS V.04.23.2029 ' B�rardC' P��• gox 400� Austln, 7e1[as 78767 � 800.695.2919 - bids�a�huyboard.cani • 6uyboard.com I/END4R CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases using a Contract awarded un�er this Proposal Invitatian may �iew information regarding awarded Vendars, including but not limited to prod�act catalogs, pricelists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience oF BuyBoard members seeking to procure gaods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product imag2s, and similar brand and trademark information provided by Ver�dor for purposes of the Cantract ("Vendor Infarmation'� may be pasted on the BuyBoard website. You acknowledge that, by submiEting your Proposal, un[ess you specifically opt out below, you consent to use of your �ompany's Vendor Information on the BuyBoard website if awarded a Contract. You further acknowl�dge that whether, where, and when to incl�de the Vendor Informatian on the BuyBaard website shall be at the sale discretion of the BuyBoard Administrator. Ve�cfor retains, however, the right af genera! quality contral over the BuyBoard Administrator's authorized display of proprietary Vendor Informatian. Neith�r �he BuyBoard nor its administrator will be responsible for the �se or distribution of Vendor Information by BuyBoard members ar any ather third parry using the BuyBoard website, This Vendor Consent shall be effecti�e for the full term af the Contract, including renewals, unless Vendor provides a signed, written natice re�oking consent to contractadminCa�buyboard,com. BuyBoard shall have up to thirry days from the date of receipt of a terminatian or revocation of a Vendar Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subjeck to the Terms and Conclitions of the Contract, inc{uding, but not limifed to, those terms pertaining to Disclaimer of Warranty and Limitation of Liability, Indemnification, and Inte[lectual Property In�ringerrzent, Vendor logo files must be submitted in ane of �he forrr�ats set forth in the BuyBoard Teci�n�cal Requirements. Proposers are requested to submit this inFormation with Vendor`s Propos�l. (This consent shall not authorize use of your campany's Vendor Information by BuyBaard if your campany is not awartled a Contract.) OPT OU�"9 If your company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the apt out box below. DO NOTse/ect this box unless your company /s opt/ng out of thls Vendor Consent for Name Brand Use. ❑ By checking this box, Vendor hereby declines to provide consent For use of Vendor Inforrr�ation (as defined herein) or� the BuyBaard website. By opting out, Vendar acknowledges and agrees thaf, if Vendor is awarded a Contract under this Proposal In�itation, information available an the BuyBoard for Vendor's awarcted products or serrrices may be limited, potentially pfacing Vendor at a disad�antage and im�acting the abi�it}I of Cooperati�e members to search, find, re�iew, and purchase Vendor's awarded products and services on the BuyBoard website. Initial: � � Page 18 of 67 PROPasp� PoaMs COMM/5�lGS v.04�23.2024 �ui 1 / 1 � � w P.P. Box 400, Austin, Texas 7s767 sop_695.2819 • E�Idstu�huy6oard.com • buyboard.com CONFIDENTIAL/RROPRIETARY �NFORMATIQN A. Public Disclosure Laws All Praposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperati�e in response to this Proposal Invita�ion, may i�e subject to the disclosure requirements of the Texas Pu�lic Infarmation Act (Texas Government Code chapter 552,001, et. seq.} or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentatinn, or other materials submitted with tF�e Proposal) that Proposer considers proprietary or confidential, If Proposer fails ta properly identify the infarmation, the Cooperative shaif have no obligation to nokify Vendor or seek protecCion of such infarmation from public disclosure should a member of th�e p�blic or other third party request access to the information under the Texas Public Information Act or similar disdosure law. When required by the Texas Public Information Act or other disclos�re law, Proposer may be noti€�ed af any third-party request for information in a Proposal that Proposer has identified in this forrn as proprietary or confidential. Does your Proposal (inciuding farms, docurnen�ation, cataiogs, pricelists, or other materials submitted with the Praposal) contain information which Vendor considers proprietary or confidentiaf? P/ease check (�/J one of the following: � N0� I certiTy tf�at none of the informativn included with this Proposal is considered confidential ar proprietary. � YE$, I certify that this Proposal contains information considered confidentiaE or praprietary and all such informatson is specifically identified or� this form, If you responded "YE5", you must clearly identify below the specific information you consider canfrdential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperati�e and Cooperative administrator shall not be respor�sible for a Proposer's failure to clearly identify information considered confidentiai or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperati�� and Cooperative administrator will disciose information when required by law, e�en if such information has been identified herein as information Vendor considers confidential or proprietary. Confidential � Proprietary Information: (Attach addrtronal sheets rfneeded.J Initi�l: � � Page 19 of 67 Paorosa� FORws COMM�S/CS v.44.23.2024 ��i / i ! � � • B. Copyright Informatian P.O. Box 400, Austin, Texas 78767 80D.695.2919 • �idsra��uy6pa��d.com • huyhoarcl.com boes yaur Proposal (including farms, dacumentation, priceiists, catalogs, or other materials submitted with the Proposal) contain copyright inFormation? Please check (�/J one of the fo/fowing; � � �i0� Proposal (incEuding forms, documenEation, pricelists, catalogs, ar other materials submitted with the Proposal) does not contain copyright information. YESi Proposal (including forms, documen�ation, pricelists, catalogs, or other materials subm�tted with the Proppsal) does contain copyright information. If you responded "YES", clearly identify below the specific documents or pages containing copyrfght inFormation. Copyright information: (Attach additional sheets rf needed. J C. Co�sent to Re�ease Confdential/Proprietary/Capyright Informatian to BuyBoard Merr�bers BuyBoard members (Cooperative and nanprafit members} sesking to make purchases through the BuyBaard may wish to view inFormation incl�ded in the Proposals oF awarded Vendors. If you identified inFormation on this Form as confidential, proprietary, ar subject to copyright, and you are awarded a BuyBoard cantract, your acceptance of the BuyBoard contract award constitutes your consent ta the disclos�re of such info�mation to BuyBoard members, including posting of such infarmation on the sectare BuyBoard website for members. Note: Neither the Cooperative nor Coopera�ive administrator will be responsible for the use or distributian of informa�ion by BuyBoard members or any other party. D. Consent to Release Proposal Tabulatian Notwithstanding anything in this Confidential/proprietary Information form to ti�e tontrary, by submitting a Proposal, Vendor consents and agree5 that, upon Cor�tract award, the Cooperative may publicly reiease, including posting on the public BuyBoard website, a copy of the proposal tabulation and award information for the Contract incfudi�g Vendor name; proposed catalog/pricefist name(s); proposed percentage discount(s), hourly labor rate(s}, or other specified pricing; and Vendor award or non-award information. Initial: a � Page 20 of 67 P�oPos.a� FpRrrts COMh1�S/C5 v.94.23.2�24 � i # 1 / i • P.O. Hax 400, Austln, Texas 7876? 800.695_2919 • GlcEsra�huy6oard.com • buyboard_com EDGAR VENDOR CERTIFICATION (2 �FR Part 200 and Appendix II) When a Cooperati�e member seeks to procure goods and services using funds under a federal grant or contract, specific federaf laws, regulations, and requirements may apply in addition to those under state law, This includes, �ut is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirem�nts for Federal Awards, 2 CFR 200 (sametimes referred to as the "l)niform Guidance" pr new "EDGAR'�. All Vendors 5ubmitting a Propasal must complete this EDGAR Certification Farm regarding Vendor's willingness and ability to comply with certain requirements which may be applicabie to specific Cooperative member purchases using Federal grank funds. Completed forms will be made available to Cooperative members for �heir use while considering �heir purchasing op�ions when using federal grant funds, Cooperative mernbers may aiso require Vendors to enter into ancillary agreements, in addition to the terms and conditions of the BuyBoard contract, to address the member's specific contractual needs, including contract requirements for a procurement using �ederal grants ar contracts, For each af the items 6e/ow, Vendor shou/d certify Vendor's agreement and ablllty to comply, rvhere appllca.h/e, 6y having Vendor's autharfzed representat/ve check the applicable 6oxes, Initia/ each page, and sfgn the Compllance Farms Slgnature Page. If you fall ta camplete any item in thls form, the CooperaElve will conslder and may list the �/endor's respanse an the BuyBoard as "NO,"the �endar is una6/e or un willing to comp/y, A"NO" respanse to any of the items may, if applicable, impact the abiiity of a Cooperative member ta purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold, which is the inffation adjusted arnaunt determi�ed by the Ci�ilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 4i L15C 1908, must address administrative, contractua�, or legal rernedies in instances where contractors violate or breach cantract terms, and provide far such sanctions and penalties as appropriate. Pro�isions regarding Vendar default are included in the BuyBoard General Terms and Conditions, including Section E.1S, Remedies for Default and Termir�atian of Contract. Any Contract awarcf will be subject to such BuyBoard Generai Terms and Conditians, as well as any addi�ional terms and conditions in any Purchase Order or Cooperative member ancillary cor�tract agreed upon by Vendor and the Caoperative member which must be consistent with and protect the Cooperative memb�r at least to the same extent as the BuyBoard Terms and Conditions. The resnedies under the Contract are in addition to any atl�er remedies that may be available under law or in equity, By submitting a Proposaf, you agree to these Vendor violat�ar� and breach of cantract terms. L� YES, I agree. ❑ NO, I do not agree. 2. Termination for Cause or Con�enience; For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: ihe Cooperative member may terminate or cancel any Purchase Order under this Contract at any time, wifh or withaut cause, by providing seven (7J business days aduance written notice ta the �endor. If this Agreement is terminated in accordance with thrs Paragraph, the Caoperative member shall only be reguired to pay I/endor for goods or services delivered �o the Coop�rative mem6er prior to the termrnation and not oChertNise refurned rn accordance wrth I/endar's return polrcy. If the Cooperative mem6er has paid [/endor for goads or s�r�ices not yet provided as of the date of termination, �endor shall immediately refund such payment(s). If an alternate pra�ision for tecmination of a Caoperative member purchase for cause and canvenience, including ti�e manner by which Pt will be efFected and the basis for settlement, is included in the Cooperative mem6er's Purchase Drder or ancillary agreement agreed to by the Vendar, the Coopera�i�e member's provision shall contral. � YES, T agree. ❑ NO, I do not agree. InitiaE: � � Page 21 of 67 PRorosp� FORMS COMM/SVCS v.04.�3.2024 ��i � � / � � � 3. Equal Employment Oppartunity: P.O. 6ox 440, Austlrt, Texas 78767 604.695.29Y9 • E71d5Eg�buyhoard.com • buyhoard.com Except as otherwise provided under 41 CFR Part 60, all Cooperati�e member purchases or contracts that meet the definition of "federafly assisted construction cantract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opport�nity clause pravicled under 41 CFR 60-1.4(f�), in accordance wi�h �xecutive Order 11246, "Equal Employment O�partunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 1124b Relating to Equal Employment Oppartunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equai Emplaymen� Opportunity, Department of Labor." The equal oppo�tunity d�use pravided under 41 CFR b0-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperati�e member purchase or contract that meets the definition af "federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. � YES, I agree. 4. Da�is-Bacon Act: ❑ NO, I do not agr�e. When required by Federal program legislation, Vendor agrees that, for all Cooperati�e member pr9me construction contracts/purchases in excess of $2,0�0, Vendor shall comply with the Da�is-Baeon Act (40 U5C 3141-3144, and 3146- 3148) as supplemented by Depar�ment of La�or r�gula�ions (29 CFR Part 5, "Labor Standards Pro�isions Applicable to Contracts Covering Federa�fy Financed and Assisted Construction'�. In accordance with the stat�te, Vendor is required ta pay wages to labarers and mechanics at a rate not fess than the pre�ailing wages specified in a wage det�rminate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevaifing wage deferminations issued by the Department of Labar are a�ailable at be�a.sam.gov. Vendor agrees that, for any purchase �o wh�ci� this requirement applies, the award of the purchase to the Vencfor is canditioned upon Ver�dar's acceptance of th� wage deterrnination. Vendor further agrees that it sf�all a[so comply with the Copeland "Anti-Kic�Cback" Act (40 USC 3145), as supplerr�en�ed by Department of Labor regulations (Z9 CFR Part 3, "Contractors and Subcontractars on Public Building or Public Work F'snanced in Whale or in Part by Loans or Grants fram the United States'�. The Acr pro�ides that each contractor or subrecipient must be prohibited fram inducing, by any rr�eans, any persfln employed in the construttion, completio�, or repair of public wor�C, to give up any part of the compensation to which he or she is otherwise ent9tled. � YES, I agree. ❑ NO, I do not agree. S. Contract Work Hours and Safety Standards Aet: Where applicab�e, far all Cooperati�e member contracts or p�rchases in excess of $100,000 that involve the employment of m�chanics or laborers, Vendor agrees to compiy with 40 U5C 3702 and 3704, as supplerr�ented by Department of Labor regulations (29 CFR Part 5), LJnder 4D USC 37Dz of the Act, Vendor is required to campute the wages af e�ery mechanic and laborer on the basis of a standard work week of 40 hour5. Wark in excess af the standard wark week is permissible provided that the worker is compensated at a rate af not less than ane and a half times the basic rate of pay for all ho�rs worked in �xtess of 40 hours in the work weeic. The requirements of 40 USC 3744 are applicable to construction work and pro�ide that no laborer or mec�anic rrtust be required to work in surroundings or under warking conditions which are unsanitary, hazardous ar dangerous, These requireme�ts do not app�y to the purchases of su�pfies or mat�rials o� articles ordinariiy available on the open market, or contracts far transportation or transmission of intelligence. � YES, I agree. ❑ NO, I do not agree. U� � Initial: Page Z2 of 67 P�OPosn� PoaMS COMM/SVCS v.04.23.2a24 ;� � �. r: 1 i ,;�' d�! � 6. Right to In�er�tions Made Under a Contract or Agreement: P.C►. �Dx RQQ� Alustln, Tu3cae 7878i 6�Qq.�69�.�99f3 • bids{�16uyhn�rd.cam • buY�o�rcl.cont If the Coop�rative member's Federal award meets �he de�nitio� of "fur�ding agreement" und�r 37 CFR 4Q1,2(a) and the reclpient or subrecipient wishes �o enter into a contract with a small business Firm or nonprofit organization regarding the substituiion oF parties, assignm�nt or pertormance or experirrtental� de�elopmental, or research work under that °funding agreement," the reclpient or subrecipient must comply with �he requiremen�s of 37 CFR Part 401, "REghts to Tnventions Made by Nan�rofit Organizatlons and Smail Bus�ness Firms Under Government Grants, Contrac�s and Cooperative Agreements," and any impiementing regulations issued by the award�ng agency. Vendor agrees to camply with the above requirements when a�plfcable, � YES, I agree. ❑ NO, T do nat agree. 7. Clean Air Act and �aderal Water Pollution Control Act: Cfean Air Act (42 iJSC 7401-7671q.) and �he Federal Water Polluifon Control Act (33 USC 1251-1387), as amendad -- Contracts and subgran�s of amounts in excess oF $150�000 must contain a provision that requires the non-Federal award to agr�e to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and the �ederal Water Pollution Control Act, as amended (33 IJSC 1251-1387). Violatior�s must be reported to the Federal awarding agency and the Regional Office of the �nvironmental Protection Agency (EPA). When required, Vendar agrees �o comply with all applicable standards, orders, or regulatians issued pursuant to the Clear� Air Ac� and the Federal Water Poffutian Control Act. L� YES, I agree. ❑ NQ, I do not agree. 8. Debarment and Suspensian: Debarment and Suspension (Executive Orders �.2549 and �2689) - A contract award (see 2 CFR 180,220) must not �e made ta parties lis�ed an the go�err�ment-wide exclusions in the System for Award Management (SAM), in accordance wi�h the OMB guidelines at 2 CFR 180 t�at implement Ex�cu�ive Orders 12549 (3 C�R Part 1966 Comp. p. 189) and 12689 (3 CFR Par� 1989 Camp, p. 235), "Debarment and Suspension." SAM �xc�usions contains the narr►es of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared inelig�ble ur�der statufory or regula�ory authnrity other than �xecuEive Order 12549. Vendar certifes that Ve�dor is no� currently listed on the government-wide exclusions in S�IM, is not debarred, suspended, ar otherwise excluded by agencies or declared inefigible under statutory ar regulatory authority other than �xecutive Order 12549. Vendnr fur�her agrees to �mmedEately notify the Cnoperati�e and all Cooperative members with pendfng purchases or seeking to purchase from Vendor �f Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory ar regulatory authority other than Executive Order 12549. L� YES, T agree. ❑ NO, T do not agree, _ _ _ 9. �yrd Anti�Labbying Amendment: Byrd An�i-Lobbying Amendment (31 USC 1352) - Vendors that apply or bid for an award exceeding $f00,000 must fiie the required certification: �ach ti�r �ertifies to �he-tier abov� CYraC i� uvill noC and-has not used-Fetleral appropriated funds to pay any person or organizatian for influencing or attempting �o inf�uence an offiaer or employee of a�y agency, a member of Congress, o�fic�r or employee oF Congress, or an empinyee of a member of Congress in connection wi�h obtaining any Federal contract, grant or any other award cnvered by 31 USC 1352, Each tier must also disclose any lo6bying with non- Federal funds that takes place in connectlon with obtaining any Federal award. Such disclosures are forwarded from tier to �ier-u�ta-t�i�non-Feder�l-awar�� As-applicabie,—Vendor�gree�to-�E��If-eertifie��fons-ar��-diselo�ure�required-by; and otherwise camply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). � YES, I agree. ❑ NO, I do nof agree. initiat; � � Page 23 oF 67 PRaposni. FpRMs COM M/5VCS v.04.23.2024 �� i � f �� � • i 10. Procurement of Reco�ered Materials: P.O. 8ox aop, Austln, Texas 76767 800.655.2919 • blds�n56uyBoard.conz • buydoard.com For Cooperative member purchases utilizing Federal €unds, Ver�dor agrees to comply with 5ection 6002 of the Sofid Waste Disposal Act, as amended by rhe Resource Conservation and Recovery Act wh�re applicable and provide such information and certifcations as a Cooperative member rr�ay require to confirm estimates and otherwise comply. 7he requirements of Section bQ02 indude procuring only i�ems designated in guidelines of the En�ironmental Protection Agency {EPA) at 40 CFR Part 247 that con�ain tf-�e h�ghest percentage of recovered rr►aterials practicable, consistent with maintaining a safisfactory Ievel of competi�ion, where the purchase pri�� of the item exceeds $I0,000 or the value of the quantiry acquired during the preceding fiscal year exceeded $10,fl00; procuring solid waste management services in a manner that maximizes energy and resource reco�ery, ancE establishing an afFirmati�e procurernent pragram for procurement of reco�ered materials identified in khe EPA guidefines. � YES, I agree. ❑ NQ, I do not agree. 11. Domestic Preferences for Procurements: Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Caoperative members using federal funds. When required by a Cooperati�e member, Vendor agrees to provide such informat€on or certi�ication as may reasonably be reques�ed by the Coopera�ive member regarding V�ndor`s products, including whether goods, products, or materials are produced in the United States. � YES, I agree. ❑ NO, I do not agree. �2. Prahibition on Certain Telecammunicatians and Video Surveillance Services or Equipment z CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain c�rtain telecommunications and video surveillance services or equipment. To the e�ent applicabie and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications or video surveillance ser�ices ar equipment provided by Ven�or is covered equipment or covered serviCes under 2 CFR §200.216. � Y�S, F agree. ❑ NO, I do not agree. 13. Profit as a Separate Element of Price: For purchases usir�g federal funds in excess of the Simplified Acquisition Tf�reshold, a Cooperative member may be required ta negotiate proflt as a separate element of the price. See, 2 CFR 200.324(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate wifh the Cooperative member regarding profit as a separate element of �he prir� for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendar to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor`s Cooperative Contract, � YES, I agree. ❑ NO, I do not agree. 14. General Connplian�e and Cooperation with Cooperati�e Members: In addition to the foregoing speci�c requirements, Vendor agrees, in accepting any Purchase Order from a Cooperati�e rr�ember, it sf�a�l make a goad faith efFort to work with Cooperati�e members to provide s�ch infarmation and to satisfy such requiremer�ts as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. � YES, I agree. ❑ NO, I dp not agree. Initial: � � Page 24 of 67 PaoFosa� Foa�s COMM�SvCS v.64.23.2024 �V i � / i � • � P.O- Box 400, Austln, 7exa5 78757 800.695.291g • bEds�ri�buy6oard.com • buyhoarcf.com C�MPLIANCE FORM� SIGNATURE PAGE By initialing pages and by signature below, I certify that I have re�i�wed the followi�g forms; that �he information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certi�catior�s, consents, acknowledgements, and agreements cantained herein: ■ Praposal Acknowledgements ■ Felony Conviction Disdosure ■ Debarment Certification ■ Resident/Nonresident Certificatio� ■ Vendor Employment Certification ■ No Boycott Verificatian ■ No Excluded iVation or For�ign Terrorist Organization Certification ■ Historically Underutilized Business Ce�tification ■ Construction-Related Goods and Services AfFirmation ■ Acknowledgement of BuyBoard Technical Requirements ■ Deviation and Compliance ■ Vendor Consent for Name Brand Use ■ Confidential/Proprietary Information ■ EDGAR Vendor Certification Testforce USA, Inc. Co ny m � Signature of uthorized Company 0€ficial Bill Snipes T VP of Operations Printed Nam� a�d Title 7-31-2024 Date Page 2S of 67 PaaPosn� Foams COMMfNCS v.fl4.23.2p24 �u i � ! ! 1�� � • P.O. 8ox 400, Austln, Texas 78767 800.695_2979 • t�lds�wbuyhaard.com • buydoard.com PFtQPOSAL F�RMS PART 2: VENDOR INFORMIATION FORMS INSTRUCTiOI�iS: Proposer must corr�pletely and accurately provide all in�ormation req�ested in the fo�jowing Vendor Information Farms or your Propasal may be rejected as nan-responsive: ■ Vendor Business EVame ■ Vendor Contact Information • Federal and State/P�rchasing Cooperative Exp�rience ■ Governmental References ■ Corr�pany Profile ■ Texas Regional 5ervice Designation ■ State Service Designation ■ National Purchasing Cooperative Vendor Award Agl'�ERle11k (I/endars serving autside Texas only} ■ Local�Authorized Seller Listings ■ Nianufacturer Dealer Designation ■ Proposal Invitation Questionnaire To the extent any information requested is not applicable to your company, you must so indicate on the form. VEND�R �USI(VESS IVAME By submitting a Proposal, Vendor is seeking to enter into a fegal conkract with the Coo�erative. As such, Vendor must be an indi�idual or legal business entity capable of entering into a binding contract. Na�ne of Proposing Company: Testforce USA, Inc. (List the leyal name aPthe company seekmg to contract wrth the Cooperatrve. Do NOT /rst an assumed name, d6a, aka, etc. here. 5uch rnformation may 6e provided 6e/oiv. If you are submrttrng a joint proposal mvith another entrry to provrde the same proposed goods or services, each submittmg entrty should complete a separate vendor rnformation form. Separately operatrng lega/ business entitres, even if a�lrated �ntities, which propose to provide qoods or services separately must su6mif their own Proposals J Please check (1/J one of the followrng.• Type of Business: ❑ Ind�vidual/Sole Praprietor � Corporation ❑ Limited Liability Co�npany ❑ Partnership ❑ Other (Specify: State of Incarporation (if applicable): �e�aWare Federal Employer ldentification Number: 32�5297 � 8 (�endor must include a campleted IRS W-9 farm with their Proposal� Name by whieh Vendor, if awarcled, wishes to �e identified on the BuyBoard: (Note.• Ifdifferent than the Name ofProposrng Company lrsted above, onty ualid trade names (d6a, aka, etc.) of the Proposing Company may be used and a ropy of yourAssumed Name Certrficate(sJ, if applica6le, mustbe attached.} Page 26 of 67 Paoaosa� FORMS COMM/SVCS v.04.23.2024 •� �tequest for Taxpa��r Give form to the Fo�m 9 (Rev. March 2�24} Identifica#ion Number and Certification requester. Do not �epartment of theTreasury Go to www.irs.gov/FormW9 fqr instructians and the latest information. Send to the IRS. Internal R�venue Service Before you begin. For guidance related to the purpase af Form W-9, see Purpose of Form, below. � Name of entity/indi�idual. An entry is required. {Fnr a sole proprietor ar disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.} Testforce USA, Inc. 2 Business name/disregarded entity name, if different from aEaove m m ro a e 0 N m C ao � � `o � c�' � a� � U 4 � � m N 3a Check the appropriate box for federal [ax classifkcation of {he eniity/individual whose name is entered on line 1. Cher.k only one of the follawing seven boxes. ❑ Individuallsole proprietor ❑� C corpnration ❑ S corporation ❑ Partnership ❑ TrusUestate ❑ LLG. Enter the tax classification (C = C corporation, S= 5 corporation, P= Partnershipj . . . . Note: Check the "LLC' hox above and, in the entry space, enter the appropriate cocie (C, 5, or Pj for the tax classification of the LLG, unless it is a disregarded antity. A disregarded entity should instead check the appropriafe box for the tax ciassificat9on of its owner. ❑ Other (see instructions) 3b if on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC' and entered "P" as its tax c�assification, and you are providing this form to a partnersh�p, irusi, or estate in which you have an ownership interest, check this box if you have any foreign partners, awners, or beneficiaries. See instructions . . ❑ 5 Address (numher, street, and apt. or suite no.}. See Instructions. 4 ExemptEons {codes apply only tn certain entities, not individuals: see instructions on page 3}: Exempl payee code (if any� Exemption irom Forelgn Account Tax Compliance Act {FATCAj reporting code (if any} (Applies to accounts maintained outside fhe Unifed SYates.) Requester's name and address (optionalj 4552 Sunhelt Dri�e 6 City, state, and ZIP cod? addison, TX 75001-513'! 7 List account number(sj here (optional� rer ldentification Number I Enter your TIN in the appropriate box. The TiN prpvided must match the name given on line i ta avaid backup withholding. For individuals, this is generally your sociai security number (SSN). Howevar, for a resident alien, sole proprietor, or disregarded entify, see the instructions for Parf I, later. For ather entities, it is your empfoyer ide�tificat9on number (EIN). If you do noi ha�e a number, see How to get a i1N, later. Na#e: If the account is in more than ane name, see the '�nstructions for line 1, See also VVhat Name and Numbe� To Give the Requester far guidelines on whose n�mber ta enter, Social security number or Employer identification number ��00������ � Certifiication 4Jnder penalties of perjury, I certify that: 1. ihe number shown on this form is my correct taxpayar identification number (or I am waiting for a number to be issued to mej; and 2. I am not sut�ject to backup withholdinc� because (aj I am exempt from backup withholding, or (bJ I have not been r�otified by the Internal Revenue Service (IRS) that I am subject to backup withhoiding as a result of a fail�are to report all interest or dividends, or {cJ the IRS has notified ine that I am no longer subject to backup witF�holding; and 3. I am a U.S. citizen ar other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (if any} indica#'ing that I am exempt from FATCA reporting is correct. Ce��Yification instructions. You musi crpss out ftem 2 above if you have been nptified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on ynur tax return. For real estate transactions, item 2 does not apply. Far mortgage interest paid, acquisition or abandonment of secured properEy, cancellation af debt, cont��i6utians to an individual retirement arrangement (!RA), ar�d, generally, payments other khan interest and dividencls, you are noi required to sign the certification, but you must provide your correct 71�V. See the instructions for Part Il, later. Sign Signature of Here U.S. persan oate Lr �� ( �G Gen�ral Instructions Sectlan references are to the Internal Revenue Gode unless otherwise noted. F�ture de�elopments. Far the �atest information about develaprrzents related to Form W-9 and its instructions, such as legislatior� enacted after ihay were puhlished, go to www.rrs.gov/FormVl�9. What's New Line 3a has been modified to clarify how a disregarded entity campletes this line. An ! LC that is a disrecarded entity should check the appropriate box for the tax classification of its owner. ptherwise, it should check the "LLC" box and enter its appropriate cax classification. New line 3b has been added to this form. A flow-through erttity is required ta complete this line to indicace that it has direct or indirect foreign part�ers, owners, or beneficiari�s when it provides the Form W-9 to another flow-through entity in whic[� it has an ownership interest. This change is intended to provide a flow-thro�gh entity with information regarding the status of 'fts indirect foreig� partners, owners, or beneficiaries, so that it can satisfy any app€icable reporting requirements. For example, a partnership that has any i�direct foreign partners ir�ay be required io complete Schedules K-2 and K-3. See the Partnership Instructions for 5chedules K-2 and K-3 (Farm 3065). Purpose of Form An individual or entity (Form W-9 requester) who is requit'ed to file an information return with the IRS is giving you this form because ihey Cat. iJo. 10231X Form W-� (Rev. 3-202aj �u : . � � � • • P.O. Box A04, Austln, Texas 78767 800.695.2etg - pldsicUbuy6oard.com • buyboard.com VENDOR CONTACT INFORMATIQN Vendor shall pro vide the requ�sted E�endor Contact Informatlon in the electronic praposal su6mission system indud/ng contract, purchase arder, RFQ, and invoice contacts (or, Ifsubmltting a hard copy Proposal, timely requestand comp/ete th� !/endar Cnntactlnfarmatian form In accordance wlih the Instructians to PrapasersJ. FEDER,AL AND STATE/�URCHASING C�OPERATTIIE E�PERIENCE The Cooperative strives to p�ovide Cooperati�e members with the best ser�ices and products at the best prices avaiiable from Vendors with the technical resources and ability to serve Cooperati�e members. Please respond to tl�e following questions. 1. Provide the dollar value of sales to or through p�rchasing cooperatives at ar based on an es�ablished catalog or market price during the previous 12-month periad or the last fiscal year: $ 3oo,Qoo .(The period of the 12-month period is Jan 1 / p�� 3� ), In the event tF�at a dollar value is not an appropriate measure o� the saies, provide and describe your own meas�re of the sales of the item(s}. 2, By submitting a proposal, you agree that, based on your written discour�tir�g policies, the discounts you ofFer the Cooperati�e are equal to or bet�er than the best price you offer ather �urchasing cooperatives for the same items under equivalent circumstances. 3. Pro�ide the information reques�ed below for other purchasing cooperatives for which Propaser curren�ly serves, or in the past has served, as an awarded vendor, Rows should be addec€ to accommodate as many purchasing coaperatives as required. ClJRRENT BiJYBOARD VENDORS If you are a current BuyBaard vendor in the same contract category as proposed in this proposal In�itatior�, indicate t�e discount for your current BuyBaard contract and t�e proposed discour�t in this Proposal. Expfain any difference between your current and proposed discounts. Current Discount (q/o): Explanation: Proposed Discount (%): Page 27 of fi7 PRavosp� FoaMs COMM�SVCS v.p4.23.2024 �■ MY COMPANY DOE5 MOT CURRENTLY HAVE ANY OF THE ABOVE OR STMILAR TYPE CONTRACTS. ��i i ! 1 � • • P.O. Box 0.0p, Austfn, Toxas 78767 800.695.2919 + 61ds;r;�6uyboard.com • buyboa�d_com GOVERNMENTAL REFERENCES For your Propasal to be considere�, yo� must supply a minimum of Fve (5) indi�idual go�ernmer�tal en�ity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the informa#ion requested below, including the exisfing pricing/discounts you offer each customer. The Cooperative may determine whether pricing/discounts are fair and reasonable by comparing pricir�g/discounts stated in your Proposal with the pricing/discounts you offer other governmental customers, At�ach additional page� if necessary. Entity Name 1 Douglas County 2. Broward Sheriffs Contact Phone# Brent Finster 775-782-9977 Aaron Badri 954-321-4395 �mail Address bfinster@douglasnv.us aaron_badri@sheriff.org Discount 2.0% 2.0% Quantity/ Volume $88,522.60 $62,533.80 $40,594.86 $38,335.00 $23,849.00 Stanly County Matt Losh 704-986-3708 mlosh@stanlycountync.gov 1.5% 3. City of ChulaVista Michael Lafferty 619-397-6183 mlafferty@chulavistaca.gov 0.0% 4. � Miami-Dade Cnty Alberto Falcon 305-596-8314 alberto.falcon@miamidade.gov 1.0% Do yau ever modify your written policies or standard governrr�ental sales practices as identified in the above chart to give better discounts (lower pricing) than indicated? YES ❑ NO �■ If YES, please explain: COMPANI( PROFILE Information on awarded Coopera'tive Contracts is available to Cooperative Members on the BuyBoard website. if your company is awarded a Contract under this Proposal Invita�ion, please provide a brief compa�y description that you would like to have included with your company profi�e on the BuyBaard website. Submit your company profile in a se�arate file, in Word farmat, with your Praposal. (Note: Vendar is solely r�sponsible for any conten� provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or withaut prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant ta the Contract, inaccurate, or misleading.) Page 28 of b7 PflOroSa� FOuwS COMM�SVCS v.a9,23.2024 Testforce Company Profile At Testforce, our singular focus is to be your expert in test. Armed with years of experience and knowledge in the key technoLogies driving markets such as energy, academics, electrification, aerospace & defense, wireless connectivity, and more, we have buiLt a longstanding reputation for helping customers address the mounting challenges of test and measurement. � �����m P.6• 6ox 400, AustEn, Texas 787f7 � 800_695.?919 • bldsru��uytroard.com • 6uyboarcl.com TEXAS REGTONAL SERVICE DESIGNATION Thls form musf 6e comp/eted 1n the electrvnlc proposal su6misslon sysfem (or, if su6mltting a hard capy Praposal, t/mely request and cnmplete the farm In accardance wlth �he 1'nstructrons to Prac�asers). The Cooperative {referred to as "Texas Cooperative" in this form anc! in the 5tate Service �esignation �orm} offers vendors the opportunity to service its members throughout the entire State of iexas. In the electronic proposal submission system, you must indicate if yau will service Texas Cooperati�e members statewide or, if yau do not plan ta service all Texas Cooperative members statewide, you must indicate th� specific regio�s you will service. If you propose to serve different regions for different products or services included in your Proposal, you must complete and submit a separate Texas Regional Service besignation form For each group of products and clearly indicate the producks or services ta which the designation applies. (Additional forms can be obtained by corttaeting bids@buyboard.corr� at leasf five (5) 6usiness days prior fo the Proposal oue Date. ) By deslgnating a reglon or reglons, you are certlfying that yau are authorized and wllling to pravlde the proposed products and serv/ces in thase regions. Designating regions in whlch you are e/ther unab/e ar unwllling to provlde the specifled prnducts and services sha116e graunds for either rejection of your Proposa/ or, Ifawarded, terminat/vn afyourContract. Additio�ally, if you do not pfan to service Texas Cooperati�e members (i,e., if you will service only states other than Texas}, you must so indicate on the form in the electronic proposal su6mission system. . � . ��� _ ..� � : Regian and Headquarters 1 Edinburg 2 Corpus Christi 3 Vittoria 4 Houston 5 Beaumont 6 Hunks�ifle 7 Kiigore 8 Niount Pleasant 9 Wichita Falls 10 Richardson 11 Fort Worth 12 Waco 13 Austin 14 Abilene 15 San Angelo 1� Arnarilla 17 �ubbock 18 Midland 19 Ei Paso 20 San An�onio Page 29 of 67 Pa6apSAL FORrfS COMM/SVCS V.04.23.2p24 i��gional �du�afic�r� �ervi�� Cent�rs ' Board� p•�� gp� 400, AusYln, Texas'787e7 s 600.695.2919 • t�Ids�Fi:buyhoartl.com - 6�.[yboa�'d.com STATE SERVICE DESIGNATION Thls form m ust 6e comp/eted in the electranlc proposal su6missian system (ar, If submitting a hard cupy Propasa/, timely request and complete the in accordance wfth the Instruct'ians to Pronasers). As set forth in the Proposal Invitation, it is the Cooperative's intent that other governmental entities in the LJnited States have the apportunity to purchase goods or ser�ices award�d under the Co�tract, subject to app�icable state law, thraugh a piggy- back award or similar agreerr�ent through the National Purchasing Cooperativ� BuyBaard. If you plan to service the entire United States or onfy speciFic states, you must complete the State Service Desrgnation information in the electronic prapasal submission system. (Note: If you plan tQ ser�ice Texas Cooperative mem6ers, 6e sure that you complete the Texas Regional Ser�ice Designation form.) In addition % th/s form, to 6e cansldered for a p/ggy-6ack award 6y the Nativnal PurchasMg Cooperative, you must have an authorized representative s/gn the Nat/ona/ Purchasing Caoperative VendorArvardAgreement that follaws th/s page. If you serve difFerent states for different products or services incfuded in your Proposal, you must complete and su�mit a separate State Service Qes�gnation form for each group of products and clearly indicate the products or services ta which the designation applies. (Additional forms can be obtained by cantacting bidsCalbuyboard.com af /east five (SJ 6usiness days pr/or ta th� Proposa/ Due Date.) By des/gnatMg a stafe or state5, yau are certifying that you are authorized and wllling to provlde rhe praposed products and servlces In thase states. Deslgnating stat'es in whlch you are elther unahle ar unr�villing t'o pravlde the spec/f/ed products and services shall 6e grounds for either rej�ctlan ofyour Proposal ar, if �rvarded, terminatian of your Contract, c.;�) I will service a�l states in the United StateS. ■ I will not service ali states in the United States. Alabama Alaska Arizona Arkansas California (Public Contract Code 2a118 & 20652) Colorada Connecticut Delaware �istrict of Columbia �lorida Georgia Hawaii Idaho Illinois Indiana �owa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minneso�a Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York Nor�h Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Tsland South Caro�ina South Dakota Tennessee Texas llta h Vermant Virginia Washington West Virginia Wis�onsin Wyoming Page 30 of 67 PROPosa� Foams COMMf5UC5 v.04.23.2024 F � P.O. Box 400, Austirt, TexiS 767$7 • aar 800.695.2919 • hids;wbuyboard.com - buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions assaciated with this Proposal Invitation, a contract awarded under this Propasal In�itation may be "piggy-backed" 6y another governmental entity. The iVational Purchasing Coopera�i�e is an intergovernmental purchasing cooperati�e �ormed by certain school districts outside of Texas to serve its members throughout the United Staies. If you agree to be cansidered for a piggy-back award by the Nationa! Purchasing Cooperative, you agree �o the following terms and agree ko ser�e National Purchasing Cooperative members in the states you have indicated on the State Ser�ice Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows: 1. Vendor acknow�edges tt�at if The Local Go�ernment Purchasing Cooperative ("iexas Cooperative'� awards Vendor a contract under this Proposal Invitation ("l�nderlying Award"}, the Nationa! Purchasing Cooperati�e �'National Cooperative'� may - but is not required to -"piggy-back" on or re-award ali or a portion of that Underlying Award {"Piggy-Back Award'�. By signing this National Cooperati�e Vendor Award Agreement ("Agreement"}, Vendor accepts and agrees to be baund by any such Piggy-Back Award as provided for herein, 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National CooperatEve Administrator ('�BuyBoard Administrator'� will notify Vendar in writing of such Piggy-Back Award, which award shall commence o� the e�Fective date stated in the Notice and end on the expiration date of the Underlying Award, subjec# to annual renewals as authorized in writing by th� BuyBoard Administratar. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upan Vendor. Vendor further agrees that no interlineations ar changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in �vriting, 3. Vendor agrees that it shall offer its goods and ser�ices to National Cooperati�e members at the same pricing anci same general terms and conditions, subject to ap�licable state laws in the state of purcf�ase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offeri�g National Cooperative rnembers better (i.e., lower) competitive pri�ing and more favarable terms and condi�ions than those in tF�e Underlying Award. 4. Vendor f�ereby agrees and confirms that i� will s�rve tf�ose states it has designated on the State Service Designation Forrn of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be appraved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperat€�e the service fee provided for in the Underlying Award based on the amount of p�rchases generated from National Cooperati�e members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often hhan monthiy). Further, upon request, Vendor shall pro�ide f�ational Cooperative with copies of all �urchase orders generated from National Caoperati�e members, vendor invaices, and/ar such other dacum�ntation rega�ding ihose purchase orders as the Cooperative's administrators may reguire in their reasonabfe discretion for purposes of reviewing and verifying purchas� activiry. Vendor further agrees that National Cooperative shall have the rigf�t, upon reasonable written notice, ta re�iew V�ndor's recards pe€taining ta purchases made by National CooperatEve members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, incfuding its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably app€y to the post-proposal/contract award phase. The rights and responsibilities that woufd ordinarily inure to the Texas Cooperative pursuant Eo the Underlying Award shall inure to National Cooperative; and, con�ersely, the rights and responsibilities that would ordinarily inure to Ver�dor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes anc� agrees that Vendor and National Coopera�ive are the only parties to this Agreemen�, and that nothing in this Agreement #�as application to ather third parties, including the Texas Coaperative. In the event of corsflict between this Agreement and the terms of the Underlying Award, the terms of this Agreerr�ent shaEl control, anc! then only to the extent necessary to reconcile the conflict. Page 3I of 67 PROaoSAL FORMS COMMI�CS V.04.23.2p24 �u i � t 1 � 1 • P.O. 6ox 400, Austin, Texas 78767 800.695.2979 • blds��i�huyboard.com • buyboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Texas and venue for any dispute shall lie in the federal district court of Travis County, Texas. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Testforce USA, Inc. Name of Vendor �� Signature of Authorized Company Official 760-25 Proposal Invitation Number Bill Snipes Printed Name of Authorized Company Official 7-31-2024 Date Page 32 of 67 PROvoSnL FORMS COMM/S1�C5 v.04.23.2024 EXHIBIT B Conflict of Interest Questionnaire (ATTACHED) Cooperative Purchase Agreement — Exhibit B Page 7 of 7 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who oate Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? � Yes � No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? � Yes X� No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A 6 �Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 � � � 7/16/25 Signature of vendor d' g business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021