24-47, Student Physicals

Agency:	Edinburg Consolidated Independent School District
State:	Texas
Type of Government:	State & Local
Posted Date:	Feb 20, 2024
Due Date:	Mar 26, 2024
Solicitation No:	24-47,
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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EDINBURG CISD

PURCHASING DEPARTMENT

411 N. 8th Ave., Edinburg, TX 78541

(956) 289-2311 FX: (956) 383-7687

Request for

QUALIFICATIONS

This Proposal includes the following forms:

• Intent to Bid

• Vendor Check List

• Standard Terms & Conditions

• Felony Conviction Notification

• Conflict of Interest Questionnaire

• Certification of Interested Parties Example

• Deviation Form

• Authorization for W-9/Direct Deposit

• Special Terms & Conditions

• ATTACHMENT: Proposal Forms

CARMEN GONZÁLEZ, President

XAVIER SALINAS, Vice-President

LUIS ALAMIA, Secretary

MIGUEL “MIKE” FARIAS, Member

LETTY FLORES, Member

LETICIA “LETTY” GARCIA, Member

DOMINGA “MINGA” VELA, Member

Dr. Mario H. Salinas, Superintendent

NO: 24-47

TITLE: STUDENT PHYSICALS

CLOSING TIME/DATE:

Closing Time: 3:00 P.M.

Closing Date: March 26, 2024

BUYER:

ClauDina Longoria, Senior Buyer

Phone: 956-289-2311, Ext.2135

Fax: 956-383-7687

Email: d.longoria@ecisd.us

DELIVER BIDS TO:

Edinburg CISD

Office of the Purchasing Director

411 North 8th Ave, 2nd Floor

Edinburg, TX 78541

________________________________2_/_2_1_/2_4_

Purchasing Director

Date

DATE WEBBED: February 21, 2024

*Do not deliver Bids/CSPs/RFPs/RFQs to other ECISD locations. All Bids/CSPs/RFPs/RFQs must be delivered to the delivery address above on or

before the Bids/CSPs/RFP/RFQs closing time/date. Purchasing will not be responsible for late submittals as per Board Policy CH (LOCAL).

Vendor Certification

The undersigned, by his/her signature, represents that he/she is authorized to bind the bidder to fully comply with the terms

and conditions on this bid, including all forms and attachments included herein, for the amount(s) shown on the

accompanying bid form(s), if accepted within sixty (60) calendar days after bid opening. Note: Bidder is strongly

encouraged to read the entire Solicitation prior to submitting. Failure to provide the above information in its entirety

may be grounds for disqualification of response.

Firm Name:______________________________

Telephone 1-800-______________________

Address:________________________________

Or:__________________________________

City:____________________________________

Fax:_________________________________

State:__________________ Zip:_____________

Web Address:_________________________

________________________________________

(Signature of Person Authorized to Sign Bid)

Email:_______________________________

Date:________________________________

Printed Name:___________________________

(Please print or type name above)

Title:________________________________

I can deliver in ______ days. Early Payment Discount_____% if Paid in ___ Days, Net 30

RFQ 24-47, STUDENT PHYSICALS

INTENT TO BID

Fax, this page only, if solicitation was not faxed or e-mailed directly to your company. All other solicitation

documents must be enclosed in a sealed envelope and mailed to the Purchasing Department.

This page is required if solicitation was downloaded without receiving an invitation by the District. Please complete

and fax to 956-383-7687 immediately in order to be added to the vendor list and receive addendums or updates

regarding this solicitation. It is the intent of the Purchasing Department to ensure that all interested vendors receive

addendums or updates, but it will be the vendor’s responsibility to check the Purchasing site periodically. If there

are addendums posted on the site and your company has not been notified by fax or e-mail, it will be the vendor’s

responsibility to download from Purchasing site and make sure to include with their packet.

The Edinburg CISD Purchasing solicitations and addendums are available on line at www.ecisd.us.

NAME: ___________________________________________________________

TITLE: ___________________________________________________________

ORGANIZATION: ___________________________________________________________

STREET ADDRESS: ___________________________________________________________

STREET ADDRESS 2:___________________________________________________________

CITY: ___________________________________________________________

STATE: ___________________________________________________________

ZIP CODE: ___________________________________________________________

WORK PHONE: ___________________________________________________________

FAX: ___________________________________________________________

E-MAIL:___________________________________________________________

WEB SITE: ___________________________________________________________

EDINBURG CISD - 2024

RFQ 24-47, STUDENT PHYSICALS

VENDOR CHECK LIST

1. Signed Standard Terms & Conditions

2. Signed Felony Conviction Notification

3. Signed Conflict of Interest Questionnaire

4. Signed Deviation Form

5. Read and understood Special Terms & Conditions

6. Filled out Bid Form

7. Completed & submitted W9/Authorization for Direct Deposit Form

8. Signed Certification of Interested Parties (Form 1295)

9. Completed & signed Vendor Check List

Yes

I have read all the specifications and general bid requirements and do hereby certify that all items submitted

meet all specifications, conditions, and instructions of said solicitation, and will follow District policy DBD (Local).

The signature below confirms that our company will enter into a binding contract with Edinburg CISD for item(s)

awarded to our company.

__________________________________________

Company Name

__________________________________________

Print/Type Signature Name

__________________________________________

Authorized Signature

Date

__________________________________________

Official Title

EDINBURG CISD - 2024

RFQ 24-47, STUDENT PHYSICALS

STANDARD TERMS & CONDITIONS

(REVISED SEPTEMBER 2022)

PLEASE READ THE FOLLOWING CAREFULLY, AND RETURN THE SIGNATURE PAGE WITH YOUR BID OR PROPOSAL.

The following terms and conditions are requirements that are binding upon the vendor awarded the proposal and they communicate the Edinburg

School District's expectations in regard to the bidder's performance in connection with the district's purchase.

Seller of Package Goods: Seller will package goods in accordance with good commercial practice. Each shipping container shall be

clearly and permanently packed as follows:

a. Seller's name and address:

b. Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable;

c. Container number and total number of containers, e.g. box 1 of 4 boxes; and the number of the container bearing the packing slip.

d. Seller shall bear cost of packaging unless otherwise provided.

e. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any

applicable specifications.

f. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists.

Shipment under Reservation Prohibited: Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will

operate as a tender of goods.

Title and Risk of Loss: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession

of the goods at the point or points of delivery.

Delivery Terms and Transportation Charges: F.O.B. Destination Freight Prepaid unless terms are specified otherwise in proposal:

No Placement of Defective Tender: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of

delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the

right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer

of his intention to cure and may then make a conforming tender within the contract time but not afterward.

Place of Delivery: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be effected by modification

as provided for in Clause 20, "Modifications," hereof. The terms of this agreement are "no arrival, no sale."

Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the

purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the

freight weight bill when applicable, should be attached to the invoice. Mail to:

Edinburg Consolidated Independent School District

Attn.: Accounts Payable Department

Drawer 990

Edinburg, Texas 78540-0990

Payments: The payment shall not be due until the above instruments are submitted after delivery. Suppliers should keep the Accounts

Payable Department advised of any changes in your remittance addresses.

Taxes: Do not include Federal Excise, State or City Sales Tax. School District shall furnish tax exemption certificate, if required.

10.

Gratuities: The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that

gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent, or representative of the Seller,

to any officer or employee of the School District with a view toward securing a contract or securing favorable treatment with respect to the

awarding or amending or the making or any determinations with respect to the performing of such a contract. In the event this contract is

canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the

amount of the cost incurred by Seller in providing such gratuities.

11.

Special Tools and Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special test equipment

fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto

shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such.

12.

Warranty Price: The price to be paid by the Buyer shall be that contained in Seller's proposal which Seller warrants to be no higher than

Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under

similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to

the Seller's current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability to Seller for breach or

Seller's actual expense. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this

contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of

bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation

of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct

from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

EDINBURG CISD - 2024

RFQ 24-47, STUDENT PHYSICALS

13.

Warranty Products: Seller warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the

proposal invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings and

descriptions, the specifications shall govern. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render

this contract voidable at the option of the Buyer.

14.

Safety Warranty: Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of

Labor under the Occupational Safety and Health Act (OSHA) of 1970. In the event the product does not conform to OSHA standards,

Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate

correction within 15 working days, correction made by Buyer will be at Seller's expense.

15.

No Warranty by Buyer against Infringements: As part of this contract for sale, Seller agrees to ascertain whether goods manufactured

in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement

or the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no

event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is

of the opinion that an infringement or the like will result, the Seller will notify Buyer to this effect in writing within two weeks after the signing

of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will hold Buyer

harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or

the like, this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements.

16.

Right of Inspection: Buyer shall have the right to inspect the goods at delivery before accepting them.

17.

Cancellation: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any

of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation

is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity.

18.

Termination: The performance of work under this order may be terminated in whole or in part by the Buyer in accordance with this

provision. Termination of work there under shall be effected by the delivery to the Seller of a "Notice of Termination” specifying the extent

to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of

termination is in addition to and not in lieu of rights of Buyer set forth in Clause 15, herein.

19.

Force Majeure: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations

under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable

time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such

Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer

period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as

employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of

government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; land

sinkage; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil

disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the

party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of

the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall

not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is

unfavorable in the judgment of the party having the difficulty.

20.

Assignment Delegation: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the

written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes

unless made in conformity with this paragraph.

21.

Waiver: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the

claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.

22.

Modifications: This contract can be modified or rescinded only by a writing signed by both parties to the contract or their duly authorized

agents.

23.

Interpretation Parole Evidence: This writing is intended by the parties as a final expression of their agreement and is intended also as a

complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the

trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance

rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing

party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used

in this agreement, the definition contained in the Code is to control.

24.

Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code"

is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas effective and in force on the date

of this agreement.

25.

Advertising: Seller shall not advertise or publish, without Buyer's prior consent, the fact that Buyer has entered into this contract, except

to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local

government.

26.

Right to Assurance: Whenever one party to this contract in good faith has reason to question the other party's intent to perform he/she

may demand that the other party give written assurance of his/hers business intent to perform. In the event that a demand is made and no

assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

EDINBURG CISD - 2024

24-47, Student Physicals

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