Embed Size (px)
Citation preview
Page 1 of 22
HURST-EULESS-BEDFORD INDEPENDENT SCHOOL DISTRICT 1849A CENTRAL DRIVE
BEDFORD, TEXAS 76022-6096 817/399-2035 FAX 817/864-0601
NOTICE TO BIDDERS
RFP #17-10 HVAC SUPPLIES ADD-ON VENDORS
Firm Name__________________________ Date_____________________
Email Address_______________________ Phone____________________ 1. Additional awards will be made to multiple vendors on an incremental basis during the offering
period. The District may approve additional vendors for the same or similar items/services during the agreement period, if it is determined to be in the best interest of the District. Respondents are encouraged to submit responses as soon as possible. As responses are received, they will be evaluated and either accepted or rejected by the District. Applicants will then be notified of the District’s decision. Sealed proposals must be properly labeled on the OUTSIDE of the envelope as follows:
RFP #17-10 – HVAC Supplies
Randy Reagan, Director of Purchasing
Administration Building Purchasing Department
1849A Central Drive Bedford, TX 76022
2. Physical address for delivery of proposal is Administration Building, Purchasing Department, and
1849A Central Dr., Bedford, TX 76022.
3. Any requests for additional information pertaining to these specifications, should be directed in writing by fax or email to Randy Reagan at fax number – 817.864.0601 or email – [email protected]
4. No proposal will be considered which is not submitted on the attached “Bid Document” form signed
by a proper official of the supplier and submitted in a sealed envelope. No telegraph, telephone, or faxed proposal will be accepted.
5. Number of Submittals. One (1) executed original marked “Original”, three (3) copies marked “Copy”,
one (1) electronic copy on a USB Drive or CD, including all other submittals required by the RFP. The original must be marked clearly on the outside cover with “ORIGINAL”.
Page 2 of 22
SECTION I – SOLICITATION RESPONSE INSTRUCTIONS
1. DESCRIPTION. Hurst-Euless-Bedford Independent School District (“HEB ISD” or the “District”) is accepting bids per the instructions, terms and conditions, and requirements/specifications contained within this Solicitation.
2. GENERAL TERMS, CONDITIONS AND REQUIREMENTS FOR SOLICITATIONS. This Solicitation shall be governed by the following documents unless an exception is otherwise taken within this Solicitation. The documents referenced below are incorporated by reference only, and may be obtained at https://www.hebisd.edu or by contacting the HEB ISD Purchasing Office at 817.399.2035. 2.1. Texas Education Code 44.031. 2.2. Purchasing and Acquisition, HEB ISD Policy CH (Legal). 2.3. Purchasing and Acquisition, HEB ISD Policy CH (Local). 2.4. General Provisions for Solicitations, dated September 1, 2017.
3. SUBMISSION OF BID RESPONSES.
3.1. A Bid response shall represent a true and correct statement and shall contain no cause for claim of omission or error.
3.2. If directed by the Solicitation, the Bidder shall provide any and all certifications, forms, and documents as stated within the Solicitation.
3.3. Bid Response. 3.3.1. A Bid response must meet all requirements set forth in Solicitation. 3.3.2. A Bid response is to be sealed and returned in an envelope marked on the outside with
the Bidder’s name, address and bid number. 3.3.3. A Bid response will not be considered received unless the Bid is physically received within
the Purchase Office at the address listed prior to Bid opening. 3.3.4. Late Bid responses will not be considered under any circumstances. 3.3.5. Proposals must be submitted with an enclosed Disk/USB Drive containing the completed
specification forms. 3.4. Withdrawal of Bids. Any Bidder who is extended the privilege of withdrawing a Bid because of
having proven mechanical error in his or her Bid may not be allowed to submit a Bid on similar items for a period of one year unless this prohibition is waived by the Superintendent.
3.5. W-9 Certificate. The Bidder is encouraged to submit with their bid response a copy of a W-9 Vendor Identification Number Certificate to expedite the payment process if awarded a contract. A copy of the form can be found at http://www.irs.ustreas.gov/pub/irs-pdf/fw9.pdf.
3.6. Additional Information Request. Any additional information which is necessary for the preparation of a bid should be submitted in writing to the HEB ISD Purchasing Office. A written response will be prepared and distributed to all vendors as determined necessary by the District.
4. EVALUATION AND CONTRACT AWARD. HEB ISD will use the Best Value method to determine the
awarded Bidder(s). 4.1. Evaluation. In determining Best Value, the District may consider any or all of the following.
Order does not represent priority: 4.1.1. the purchase price; 4.1.2. the reputation of the vendor and of the vendor’s goods or services; 4.1.3. the quality of the vendor’s goods or services; 4.1.4. the extent to which the goods or services meet the district’s needs; 4.1.5. the vendor’s past relationship with the district; 4.1.6. the impact on the ability of the district to comply with laws and rules relating to
historically underutilized businesses;
Page 3 of 22
4.1.7. the total long-term cost to the district to acquire the vendor’s goods or services; and 4.1.8. any other relevant factor specifically listed in the request for bids and proposals.
4.2. Best Value Assignment. The District will use the best value method to determine the awarded Bidders.
4.3. Contract Award. 4.3.1. The District reserves the right to award the contract based on what is considered in the
best interest of the District related to the factors above. 4.3.2. Award shall be made to the Bidder whose bid is deemed to be in the best interest of the
District related to the factors above. 4.3.3. The contract created by the award of this Solicitation shall be governed by:
4.3.3.1. General Provisions for Solicitations, dated January 1, 2016; and 4.3.3.2. Section II of this Solicitation.
5. CONFLICT OF INTEREST.
5.1. Disclosure of Certain Relationships. The Bidder is to be aware that during the Solicitation process or anticipated contract period, all relationships with District officials or employees must be disclosed as applicable.
5.2. Employee. 5.2.1. Reference HEB ISD Policies CH (Local) Purchasing and Acquisition, and DBD (Local)
Employment Requirements and Restrictions, all Bidders must disclose the name of any HEB ISD employee who owns, directly or indirectly, an interest in the Bidder’s firm or any of its branches.
5.2.2. Failure to provide such information may be grounds for disqualification of the bid or cancellation of a contract resulting from this Solicitation.
5.2.3. Purchase of services or equipment from a business owned in whole or in part by a District employee shall be permitted only when approved by the Superintendent and executed through a documented competitive process.
5.2.4. Services that might be provided by the employee as an extension of the employee's regular job responsibilities is exempted from consideration.
6. BID FORM.
6.1. All costs associated with providing the product to the District (e.g. shipping, etc.) shall be included in the bid.
6.2. All bids must be submitted on the Bid Form. 7. PRE-RESPONSE QUESTIONS. All questions regarding clarification or interpretation of the RFP will be
submitted in writing by the Proposer, and must be received by 4:30 P.M. Tuesday, June 20, 2017. No questions will be addressed unless provided in writing. All correspondence pertaining to this RFP will be addressed to:
Randy Reagan
Hurst-Euless-Bedford Independent School District Purchasing Department
1849A Central Drive Bedford, Texas 76022
Email: [email protected] Fax: 817-864-0601
7.1. Inquiries about the project and RFP document should be addressed to Randy Reagan – Hurst-Euless-
Bedford ISD Purchasing Department in writing, either by facsimile or by e-mail. Verbal requests for clarification or additional information will not be addressed and will not be binding.
Page 4 of 22
7.2. PROPOSERS ARE REMINDED THAT VERBAL RESPONSES OR CONVERSATIONS ARE NOT BINDING - ONLY QUESTIONS ANSWERED BY FORMAL WRITTEN ADDENDA WILL BE BINDING AND WILL BE MADE PART OF THE PROPOSAL DOCUMENTS.
7.3. Any interpretations, corrections, approvals, supplemental instructions or changes to the Proposal Documents will be made by written Addenda. Sole issuing authority of addenda shall be vested in the Hurst-Euless-Bedford Independent School District.
7.4. Oral and other interpretations or clarifications will be without legal effect. 7.5. HEB ISD is not responsible for any other explanation or interpretations, which anyone presumes to
make.
8. DISCLOSURE OF INTERESTED PARTIES 8.1. In accordance with LGC 2252.908, the awarded Vendor is required to submit to the Texas Ethics
Commission a fully executed Form 1295 electronically at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The Texas Ethics Commission WILL NOT accept a paper submittal. Upon submittal of that form to the Texas Ethics Commission, the awarded Vendor MUST forward a copy of the submitted form to the Director of Purchasing. The District must then go to the Texas Ethics Commission and acknowledge that you have submitted Form 1295. We have 30 days from Board award date to have this process completed. NO CONTRACT CAN/WILL BE SIGNED OR EXECUTED UNTIL THIS PROCESS HAS BEEN COMPLETED.
Note: If you are a publicly owned company, you are exempt from this requirement.
8.2. PLEASE SUBMIT YOUR COMPLETED FORM 1295 WITH YOUR PROPOSAL.
Page 5 of 22
SECTION II – CONTRACT REQUIREMENTS For establishing the terms and conditions for the contract, the awarded Bidder shall hereby be known as Contractor.
1. DESCRIPTION. This contract shall be for the purchase of HVAC Supplies in accordance with the
instructions, terms and conditions, and requirements/specifications contained in this agreement.
2. GENERAL TERMS, CONDITIONS AND REQUIREMENTS FOR SOLICITATIONS. This Contract shall be governed by the following documents. A copy of each document may be obtained at https://www.hebisd.edu or by contacting the HEB ISD Purchasing Offices at 817.399.2035. 2.1. Texas Education Code 44.031. 2.2. Purchasing and Acquisition, HEB ISD Policy CH (Legal). 2.3. Purchasing and Acquisition, HEB ISD Policy CH (Local). 2.4. General Provisions for Solicitations, dated January 1, 2016.
3. TERM OF CONTRACT. Pricing from these proposals will be awarded for the period of September 1,
2017 through August 30, 2020. Upon satisfactory performance and mutual agreement, this contract may be extended from the initial contract in additional one (1) year increments for a total of three (3) years.
4. TYPE OF CONTRACT. This bid seeks qualified vendors offering discounts off of catalog prices, published
prices, or fair market value. The successful vendor’s proposal as submitted shall remain throughout the terms of this agreement.
5. Awards will be based on the Respondent's submittal meeting the requirements established herein.
Additional awards will be made to multiple vendors on an incremental basis during the offering period. The District may approve additional vendors for the same or similar items/services during the agreement period, if it is determined to be in the best interest of the District. Respondents are encouraged to submit responses as soon as possible. As responses are received, they will be evaluated and either accepted or rejected by the District. Applicants will then be notified of the District’s decision.
6. Purchase Orders will be issued against this bid document to any of the successful respondents. Orders
will be placed as items are needed, approved for purchase, and funds become available. Awarded vendors will be placed on a list from which District employees will use to make purchases. Actual purchases and selection of vendors will be based on price, availability, location, etc.
7. The District limits its purchases through the use of properly drawn and authorized purchase orders. Consequently, the District is not responsible for services or products that were not authorized via this method. Therefore, the purchase order number shall appear on all itemized invoices for services or products rendered to ensure payment. The approved vendor(s) must never accept verbal orders from HEB ISD personnel or staff. The purchase order is the contract with the vendor to formally order items/services and ensure payment to the vendor. HEB ISD will not be held financially responsible for any unauthorized, verbal orders placed by any personnel or staff of HEB ISD.
8. All prices shall be quoted as a delivery price with freight prepaid by shipper.
Page 6 of 22
SCOPE OF WORK HEB ISD will receive proposals for HVAC Supplies for the District. Timetable: Release RFP: Friday, June 2, 2017 Deadline for Submittal of Proposal: Thursday, June 29. 2017 at 12:00 p.m.
Specific Terms & Conditions: 1. This contract may be awarded to multiple vendors or to one vendor as determined to be the best value
to Hurst-Euless-Bedford Independent School District. Hurst-Euless-Bedford Independent School District reserves the right to negotiate with any or all respondents and accept or reject any and/or all proposals, to waive any formalities and/or irregularities and to award in the best interest of the School District. Other factors may also be considered in accordance with state law and District policy. References will be scored on a pass/fail basis.
2. Term of Contract: Pricing from these proposals will be awarded for the period of September 1, 2017 through August 30, 2020. Upon satisfactory performance and mutual agreement, this contract may be extended from the initial contract in additional one (1) year increments for a total of three (3) years.
3. Awards will be based on the Respondent's submittal meeting the requirements established
herein. Additional awards will be made to multiple vendors on an incremental basis during the offering period. The District may approve additional vendors for the same or similar items/services during the agreement period, if it is determined to be in the best interest of the District. Respondents are encouraged to submit responses as soon as possible. As responses are received, they will be evaluated and either accepted or rejected by the District. Applicants will then be notified of the District’s decision.
4. The District reserves the right to make selections of materials purchased, based on its best
judgment as to which articles substantially comply with the strength and quality required by the specifications.
5. The offeror shall hold the District, its officers and agents, and employees harmless from liability
of any nature of kind on account of use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used under this proposal.
6. The right is reserved to reject any or all offers or to waive any informality in offers and to accept or reject any items thereon.
7. The District will unload palletized freight at the warehouse when the following requirements
are met: a. Truck height meets dock height; b. Between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday excluding School Holidays; c. Pallets are made of wood, 40” x 4”, and are easily accessible to our forklift; d. Pallets shall not be on an even exchange basis; however, vendors may pick up pallets when
available in “as is” condition.
8. The District limits its purchases through the use of properly drawn and authorized purchase orders. Consequently, the District is not responsible for services or products that were not authorized via this method. Therefore, the purchase order number shall appear
Page 7 of 22
on all itemized invoices for services or products rendered to ensure payment. The approved vendor(s) must never accept verbal orders from HEB ISD personnel or staff. The purchase order is the contract with the vendor to formally order items/services and ensure payment to the vendor. HEB ISD will not be held financially responsible for any unauthorized, verbal orders placed by any personnel or staff of HEB ISD.
9. DISCLOSURE OF INTERESTED PARTIES. In accordance with LGC 2252.908, the awarded Vendor is required to submit to the Texas Ethics Commission a fully executed Form 1295 electronically at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The Texas Ethics Commission WILL NOT accept a paper submittal. Upon submittal of that form to the Texas Ethics Commission, the awarded Vendor MUST forward a copy of the submitted form to the Director of Purchasing. The District must then go to the Texas Ethics Commission and acknowledge that you have submitted Form 1295. We have 30 days from Board award date to have this process completed. NO CONTRACT CAN/WILL BE SIGNED OR EXECUTED UNTIL THIS PROCESS HAS BEEN COMPLETED. PLEASE SUBMIT YOUR COMPLETED FORM 1295 WITH YOUR PROPOSAL.
10. Typical commodities in this RFP include but are not limited to those reflected in FORM I.
Page 8 of 22
Proposal Response Form: Page 1 HVAC Supplies, Parts & Equipment RFP #17-10 FIRM NAME: _____________________________________________ REPRESENTATIVE SIGNATURE: _____________________________________
REPRESENTATIVE PRINTED NAME: _____________________________________
TELEPHONE #:_____________________________________
EMAIL ADDRESS: ________________________________________________
DATE: ________________________________________________
1. Please state the percentage discount that your company can allow HEB Independent School District for HVAC Supplies, parts and equipment: ________________% for Supplies & Parts
________________% for Equipment
________________% “on-shelf” products
2. Please state the catalog (if applicable) name and year on which your discount pricing is based: _________________________________________________________________________
3. Will the same percentage discount pricing be valid on new catalogs as they are issued (excluding sales catalogs and flyers): Yes_____________ No_______________ If not, please explain: ________________________________________________________
4. Please state any exclusion to the percentage discount pricing. _______________________________________________________________________
________________________________________________________________________
5. Please state any bid or quote number that must be referenced on all purchase orders for bid prices, terms, and conditions to apply: #__________________
6. Does your percentage discount pricing include drop-ship (factory direct) items: Yes______________ No________________
Page 9 of 22
Proposal Response Form: Page 2 HVAC Supplies, Parts & Equipment RFP #32-14
7. List any additional discounts and/or promotions on frequently ordered items provided by your company, if applicable: _________________________________________________________________________ _________________________________________________________________________
8. Location of nearest “full line” retail store to District Store (must be filled in by offeror):
Name_________________________________________________________________ Street Address__________________________________________________________ City, State___________________________________Telephone___________________
9. Additional Information:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Page 10 of 22
FORM A
AFFIDAVIT OF NON COLLUSION The undersigned certifies that the bid/proposal prices contained in this proposal have been carefully checked and are submitted as correct and final and if bid/proposal is accepted (within 90 days unless otherwise noted by vendor), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on the day personally appeared who, after having first been duly sworn, upon oath did depose and say; That the foregoing proposal submitted by Hereinafter called “Bidder” is the duly authorized agent of said company and that the person signing said proposal has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Name and Address of Bidder: Telephone Number Fax Number Signature Name: Title: SWORN TO AND SUBSCRIBED BEFORE ME THIS day of , 20 Notary Public in and for the State of Company Name
Page 11 of 22
FORM B Felony Conviction Notice
Statutory citation covering notification of criminal history of contractor is found in the Texas Education Code §44.034.
FELONY CONVICTION NOTIFICATION
State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”
THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. PROPOSER'S NAME: _________________________________________________________ AUTHORIZED COMPANY OFFICIAL'S NAME: _________________________________ A. My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official: __________________________________________________ B. My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official: __________________________________________________ C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. Name of Felon(s): ____________________________________________________________
(attach additional sheet if necessary) Details of Conviction(s): ________________________________________________________
(attach additional sheet if necessary) Signature of Company Official: ________________________________________________
Page 12 of 22
FORM C
BIDDER’S CERTIFICATION The 1985 Texas Legislature passed HB 620 relating to bids by nonresident contractors. The pertinent portion of the Act has been extracted and is as follows: Section 1. (a) (2) “Nonresident bidder” means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. (3) “Texas resident bidder” means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section 1. (b) The state or a governmental agency of the state may not award a contract for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to a nonresident bidder unless the nonresident’s bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. I certify that is a (Company Name) Resident Bidder of Texas as defined in HB 620.
Signature
Print Name I certify that is a (Company Name) Nonresident Bidder of Texas as defined in HB 620 and our principal place of business is: (City and State)
Signature
Print Name
Page 13 of 22
FORM D
Page 14 of 22
FORM E
Page 15 of 22
FORM F
INTERLOCAL AGREEMENT CLAUSE Several governmental entities around the Hurst-Euless-Bedford Independent School District have indicated an interest in being included in this contract. Should these governmental entities decide to participate in this contract, would you, (the vendor) agree that all terms, conditions, specifications, and pricing would apply? Yes ____________ No ___________ If you (the Vendor) checked yes, the following will apply: Governmental entities utilizing interlocal agreements with the Hurst-Euless-Bedford Independent School District will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entity other than Hurst-Euless-Bedford Independent School District will be billed directly to that governmental entity and paid by that governmental entity. Hurst-Euless-Bedford Independent School District will not be responsible for another governmental entity’s debts. Each governmental entity will order its own material/service as needed. For information regarding the Educational Purchasing Cooperative of North Texas, please visit their website at the following address: http://www.epcnt.com/INDEX.htm.
Company Name:
(Typed or printed)
Title of Authorized Representative:
(Typed or printed)
Signature of Authorized Company Official:
Date Signed:
Page 16 of 22
FORM G
DEVIATION/COMPLIANCE SIGNATURE FORM
COMPANY NAME ADDRESS CITY STATE PHONE NUMBER FAX NUMBER If the undersigned bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this bid invitation, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its bid award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the bidder assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Bid Invitation. No Deviations Yes Deviations If yes is checked, please list below.
Page 17 of 22
FORM H
Request for Qualification Proposal Certification The undersigned, by signing and executing this proposal, certifies and represents to the Hurst-Euless-Bedford Independent School District that the Proposer has not offered, conferred or agreed to confer any pecuniary benefit, as defined by §1.07(a)(6) of the Texas Penal Code, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this proposal; the Proposer also certifies and represents that Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion concerning this proposal; the Proposer certifies and represents that Proposer has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee’s agent or employee of the Hurst-Euless-Bedford Independent School District concerning this proposal on the basis of any consideration not authorized by law; the Proposer also certifies and represents that Proposer has not received any information not available to other Proposers so as to give the undersigned a preferential advantage with respect to this proposal; the Proposer further certifies and represents that Proposer has not violated any state, federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that Proposer will not in the future, offer, confer, or agree to confer any pecuniary benefit or other thing of value of any officer, trustees agent or employee of the Hurst-Euless-Bedford Independent School District in return for the person having exercised the person's official discretion, power or duty with respect to this proposal. The Proposer certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Hurst-Euless-Bedford Independent School District in connection with information regarding this proposal, the submission of this proposal, the award of this proposal or the performance, delivery or sale pursuant to this proposal.
FAILURE TO SIGN AND SUBMIT THIS DOCUMENT WILL BE GROUNDS FOR DISQUALIFICATION.
Firm Name:______________________________________
Telephone: 1-800 -________________________
Address:________________________________________ Or_____________________________________ City: ___________________________________________ Fax: ___________________________________ State: _______________________ Zip: _______________ eMail: _________________________________ _______________________________________________ Date: __________________________________ (Signature of Person Authorized to Sign Proposal) Printed Name: ___________________________________ Title:___________________________________
(Please print or type)
Page 18 of 22
FORM I DISCLOSURE OF INTERESTED PARTIES. In accordance with LGC 2252.908, the awarded Vendor is required to submit to the Texas Ethics Commission a fully executed Form 1295 electronically at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The Texas Ethics Commission WILL NOT accept a paper submittal. Upon submittal of that form to the Texas Ethics Commission, the awarded Vendor MUST download the completed form, print it, then forward a copy of the submitted form to the Director of Purchasing. The District must then go to the Texas Ethics Commission and acknowledge that you have submitted Form 1295. We have 30 days from Board award date to have this process completed. NO CONTRACT CAN/WILL BE SIGNED OR EXECUTED UNTIL THIS PROCESS HAS BEEN COMPLETED. Please note on the form 1295 item number 2 is the school district (HEB ISD) and item number 3 is the RFP #. Note: If you are a publicly owned company, you are exempt from this requirement. PLEASE DO NOT RETURN THIS PAGE. READ AND FOLLOW THE
INSTRUCTIONS ABOVE.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017
FORM 1295CERTIFICATE OF INTERESTED PARTIES
OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY
6 UNSWORN DECLARATION
My name is _______________________________________________________, and my date of birth is _______________________________.
My address is ________________________________________________, ___________________, _______, __________, ______________.(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.(month) (year)
Signature of authorized agent of contracting business entity(Declarant)
ADD ADDITIONAL PAGES AS NECESSARY
Name of Interested PartyNature of Interest (check applicable)City, State, Country
(place of business) Controlling Intermediary
4
Name of governmental entity or state agency that is a party to the contract forwhich the form is being filed.
2
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services, goods, or other property to be provided under the contract.
Complete Nos. 1 - 4 and 6 if there are interested parties.Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1 Name of business entity filing form, and the city, state and country of the businessentity's place of business.
5Check only if there is NO Interested Party.
Must fi
le on
line a
t www.et
hics.s
tate.t
x.us/F
ile
Frequently Asked Questions For Disclosure of Interested Parties (Form 1295)
1. Changes to Form 1295 since December 2017
Changes to the law requiring certain businesses to file a Form 1295 are in effect for contracts entered into or amended on or after January 1, 2018. The changes exempt businesses from filing a Form 1295 for certain types of contracts and replace the need for a completed Form 1295 to be notarized. Instead, the person filing a 1295 needs to complete an "unsworn declaration."
2. Why do I need to include my date of birth and address when I sign Form 1295? Was this always the case?
In 2017, the legislature amended the law to require Form 1295 to include an "unsworn declaration" which includes, among other things, the date of birth and address of the authorized representative signing the form. The change in the law applies to contracts entered into, renewed, or amended on or after January 1, 2018. The unsworn declaration, including the date of birth and address of the signatory, replaces the notary requirement that applied to contracts entered into before January 1, 2018.
3. Will my date of birth and address appear on the TEC's website when I file the form?
No. The TEC filing application does not capture the date of birth or street address of the signatory and it will not appear on forms that are filed using the TEC filing application.
Although the TEC does not capture the date of birth and street address of the signatory, the contracting state agency or governmental agency will have a physical copy of the form that includes the date of birth and address of the signatory. The TEC cannot answer whether the contracting state agency or governmental agency may release such information. Questions regarding the Texas Public Information Act may be directed to the Office of the Attorney General. See also Paxton v. City of Dall., No. 03-13-00546-CV, 2015 Tex. App. LEXIS 5228, at *10-11 (App.-Austin May 22, 2015) (mem. op.) (pet. denied).
4. Who is considered an "interested party"?
An interested party is: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary.
(1) Controlling Interest: An interested party has a controlling interest in the business entity if the interested party meets one or more of the following conditions:
(a) has an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;
(b) is a member of the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or
(c) serves as an officer of a business entity that has four or fewer officers, or serves as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (c) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.
(2) Intermediary Interest: An interested party has an intermediary interest in a contract if the person actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, advisor, attorney, or representative of or agent for the business entity who meets all of the following conditions:
(a) receives compensation from the business entity for the person’s participation;
(b) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and
(c) is not an employee of the business entity or of an entity with a controlling interest in the business entity.
The definitions are located at https://www.ethics.state.tx.us/legal/ch46.html.
5. Who is required to file Form 1295?
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.
The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. The state agency or governmental entity must use the filing application to acknowledge the receipt of Form 1295.
6. To what contracts does Form 1295 apply?
The law applies only to a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, or whichever is earlier, including an amended, extended, or renewed contract, of a governmental entity or state agency that either:
(1) requires an action or vote by the governing body of the entity or agency before the contract may be signed; or
(2) has a value of at least $1 million.
Gov’t Code § 2252.908; Texas Ethics Commission Rules §§ 46.1(b), 46.3(a). The disclosure requirement applies to a contract entered into on or after January 1, 2016.
A contract does not require an action or vote by the governing body of a governmental entity or state agency if:
(1) the governing body has legal authority to delegate to its staff the authority to execute the contract;
(2) the governing body has delegated to its staff the authority to execute the contract; and
(3) the governing body does not participate in the selection of the business entity with which the contract is entered into.
Texas Ethics Commission Rules § 46.1(c).
7. Are there certain contracts that do not require Form 1295?
Yes. Form 1295 is not required for the following contracts if entered into or amended on or after January 1, 2018:
(1) a sponsored research contract of an institution of higher education;
(2) an interagency contract of a state agency or an institution of higher education;
(3) a contract related to health and human services if:
(a) the value of the contract cannot be determined at the time the contract is executed; and
(b) any qualified vendor is eligible for the contract;
(4) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity;*
(5) a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code;* or
6) a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code.*
8. What if there is a change to an existing contract?
The law also applies to a change made to an existing contract, which includes an amendment, change order, or extension of a contract.
If the business entity has not submitted a disclosure of interested parties form for the existing contract, a new disclosure is required if: (1) the changed contract requires an action or vote by
the governing body of the entity, or (2) agency or the value of the changed contract is at least $1 million.
If the business entity submitted a disclosure of interested parties form for the existing contract, a new disclosure is required if either: (1) there is a change to the disclosure of interested parties; (2) the changed contract requires an action or vote by the governing body of the entity or agency; or (3) the value of the changed contract is at least $1 million greater than the value of the existing contract.
Texas Ethics Commission Rules § 46.4.
9. What if the contract is renewed?
See "What if there is a change to an existing contract?" for information about a renewed contract.
10. Can I file Form 1295 with the Commission on paper?
No. A business entity must file Form 1295 electronically with the Texas Ethics Commission using the online filing application. The business entity must print the copy of the form filed with the Commission and submit the signed copy to the contracting state agency or governmental entity. See "How do I log in to the filing application?" for information about logging in to the online filing application.
11. How do I log in to the filing application?
If this is your first time logging in, you will need to create an account in order to register and receive a password. Once you have registered, you will receive an email containing a password setup link. Click on the link to set your password. After you have established an account, you will use your email address, password, and user type (either "Business Entity" or "Governmental Entity/State Agency") to log in to the Form 1295 filing application. Watch our short videos on "Logging In The First Time" on the Form 1295 File Reports Electronically web page.
12. Is there a mobile version?
Yes. You can submit and acknowledge certificates using mobile devices.
13. Help! I can't log in!
The Email (User ID) is case sensitive. If you cannot remember the correct case of your email, you will need to call the Texas Ethics Commission at 512-463-5800. If you forgot your password, see "Help! I forgot my password!".
14. Help! I forgot my password!
If you forgot your password, you can reset your password by clicking the "Forgot Password?" link on the Form 1295 filing application login screen. Once you enter your email address (case sensitive) and filer type and successfully answer the security questions, you will receive an
email containing a password reset link. If you cannot successfully answer your security questions, you will need to call the Texas Ethics Commission at 512-463-5800.
15. What is my "ID" when I click "Forgot Password" on the login page?
"ID" is the email address that you used to create your account. Your ID is case sensitive. When you enter your email address in the "ID" field, you must enter the exact upper and lower case letters, numbers, and special characters that you used when you created your account. For example, if you created your account as [email protected], you must enter the "M" in "My" and the "E" in "Email" as upper case and all other letters as lower case.
16. Can I have multiple accounts?
You can have a separate account associated with each unique email address. However, once an account is established, there is no way to combine it with another account. You can only view those certificates created under your own unique email address. If you want to view all your certificates together in one account, we highly encourage you to setup a specific email address to register your account and use that email address each time you log in to the filing application.
17. Do I send a copy of the signed Form 1295 to the Texas Ethics Commission?
No. Do not send a paper copy of the signed Form 1295 to the Texas Ethics Commission. If you are with a state agency or other governmental entity, you will log in to the filing application and acknowledge receipt of Form 1295 electronically. See "How do I log in to the filing application?" for more information about logging into the filing application.
18. Why is my Form 1295 certificate status "Pending" in my "Completed Certificates" table?
Any submitted 1295 certificate that has been signed must be sent to the governmental entity/state agency for acknowledgment. The certificate status will remain pending until the governmental entity/state agency acknowledges the certificate online. Once the 1295 certificate is acknowledged by the governmental entity/state agency, the status will change to "Acknowledged".
19. I still am not sure if anyone in my company qualifies as a controlling interest or intermediary. Can you give me some examples?
For example, Joe is filling out a Form 1295 for his company’s contract with a governmental entity. Joe owns 50% of the company and his wife, Jane, owns 50% of the company. They have
no officers or board members. Joe would list both his name and his wife’s name as controlling interests because they each have an ownership interest of greater than 10 percent.
Joe also hired a lawyer to help facilitate his company’s contract with the governmental entity. Joe paid the lawyer a fee, the lawyer contacted the governmental entity, and the lawyer is not Joe’s employee. Joe would list the lawyer as an intermediary because the lawyer is a non-employee paid by the company to make a direct communication with the governmental entity to negotiate or facilitate the contract.
20. I submitted a Form 1295 and realized there is an error. Can I edit it?
No. Once a Form 1295 has been submitted by the business entity, it can no longer be edited. If you found an error, you will need to start a new certificate and re-enter all the required information.
21. How do I correct an error in a 1295 certificate after it has been acknowledged?
It is not possible to correct a submitted and acknowledged 1295 certificate. If you find that the acknowledged 1295 certificate has an error, you need to create a new certificate. This new certificate must include all of the required information from the original certificate plus the changes to correct the error. In Box 3, enter this string at the very beginning of the description field:
"This supercedes certificate 2016-####."
where 2016-#### is the certificate number in the "OFFICE USE ONLY" box on the certificate that contains the error.
When you have completed the data entry for the replacement certificate, submit the certificate. Print the new certificate and sign it -- completing the unsworn declaration -- and provide the signed certificate to your governmental entity or state agency to acknowledge using the 1295 filing application.
Both the original certificate and the replacement certificate will be available on the TEC website.
22. What if the contract associated with the Form 1295 is never fulfilled?
All certificates that are filed with the Texas Ethics Commission and acknowledged by a governmental entity will be posted to the Commission’s website regardless of the eventual outcome of the contract associated with the certificate.
23. I represent a state agency or governmental agency. How much time do I have to acknowledge a Form 1295?
A state agency or other governmental entity must acknowledge the receipt of the filed Form 1295 not later than the 30th day after the date the governing body or state agency receives the Form 1295. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days.
24. What if I accidentally acknowledge the wrong Form 1295?
Before you acknowledge a Form 1295, you should double check that you are acknowledging the correct one. If you acknowledge a Form 1295 in error, you cannot undo the certification. Contact the Texas Ethics Commission at 512-463-5800 and ask to speak with Technical Support.
25. The filing application says this Form 1295 has already been acknowledged. What do I do now?
First, you should double check that you are entering the correct certification number. If you still receive an error, contact the Texas Ethics Commission at 512-463-5800 and ask to speak to technical support.
26. Why am I not receiving email messages from the Texas Ethics Commission?
All password reset links will be sent to the email address you provided when you registered. This should be an email address that is current and that you check often. You can verify and update your email address right after you log in. Also, be sure to "whitelist" or mark as "safe" emails that come from "[email protected]" and be sure to check your Spam or Junk folder for any missing messages.
Page 19 of 22
FORM J
HEB ISD House Bill 89 Verification
I, ______________________________________(Person name), the undersigned representative of_(Company or Business name)___________________________ ___________________________________________________________________________________________ ______________(hereafter referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
______________________ ________________________________________ DATE SIGNATURE OF COMPANY REPRESENTATIVE On this the _____ day of _________________________, 20____, personally appeared ________________________________________, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct. NOTARY SEAL ____________________________________ NOTARY SIGNATURE ____________________________________ Date
Page 20 of 22
FORM K
COMMODITIES INCLUDED (But not limited to) Air Conditioning Units, Portable (For Computer Rooms, Hospital Rooms, Sporting Events, etc.) Air Conditioners: Commercial, and Parts and Accessories not Individually Itemized Air Conditioners: Controlled Environment (For Computer Rooms, etc.), and Parts and Accessories not Individually Itemized) Air Conditioners (Cooling and Cooling/Heating Types): Window and Wall Mounted, and Parts and Accessories Not Individually Itemized Air Conditioning and Heating: Central Units, and Parts and Accessories Not Individually Itemized Air Circulation Equipment (Not Otherwise Classified) Air Curtains Air Flow Meters Air Purifiers, Accessories and Supplies Blowers: Industrial Types Chillers, Heat Exchangers and Receivers Chilled Water System, Portable Chilled Water Meter System Coatings and Sealants, Duct Coils: Chilled or Heated Water, and Direct Expansion Coil and Fan Units, Air Conditioning Compressors, Air Conditioning: Hermetically Sealed, Window Unit Type Compressors, Air Conditioning: Industrial Type, and Parts Condensing Units (For Air Conditioners) Controls, Cooling Tower Water Treatment: pH, Conductivity, Corrosion Sensors Controls: Limit Switches, Relays, Thermostats, Gas Valves, etc. Control Systems: Complete (For Automatic Temperature Control) Cooling Tower Water Treatment: Non-chemical Ozone, Centrifugal Separators, Magnetic Descaling Equip. (See Class 885 for Chemical Types) Cooling Towers: Forced Air, Gravity, etc. Dampers, Motorized Dehumidifiers and Humidifiers Duct Cleaning Equipment, Air Duct, Prefabricated (Flexible or Rigid): Glass Fiber, Plastic, etc. Duct, Fabricated, Metal Dust Collectors, Industrial Type Electronic Air Cleaners, Electrostatic Precipitators, Ozonators, Accessories, and Parts Evaporative Coolers Fans, Industrial Types: Attic, Exhaust, Forced Draft, etc. (Including Fan Blades and Fan Parts) Fans, Room Type, Ceiling and Portable Type (Stationary and Oscillating) Filter Coating, Adhesive, Coil Cleaners, Degreasing Solvents, etc. Filters, Air Conditioning/Furnace (Permanent Type) Filters, Air Conditioning/Furnace (Disposable Types)
Page 21 of 22
Filters and Filter Media, Evaporative Cooler Filter Frames, Metal Freon Furnaces, Central Heating Type (Forced Air, Gas Fired) Grilles, Diffusers, Registers, etc. Hand Tools, Air Conditioning and Heating Service Type (Including Leak Detectors) Heat Pumps Heaters, Electric (Baseboard Type) and Parts Heaters, Electric (Panel or Wall Type) and Parts Heaters, Electric (Portable) and Parts Heaters, Gas-Fired (Space Type, Vented and Unvented) and Parts Heaters, Gas-Fired (Wall Type, Vented and Unvented) and Parts Heaters, Kerosene or Oil Fired (Space Type, Vented and Unvented) and Parts Heaters, Space, Steam Heating Elements, Electric Hydronic Specialties HVAC Equipment, Accessories and Supplies (Not Otherwise Classified) Odor Control Equipment (Indoor) Odor Control Equipment, Duct Air (Including Ozone Type) Pumps, Descaling Acid Pumps, Refrigerant Circulating Pumps, Refrigerant Vacuum Radiators, Heating Recycled HVAC Products, Accessories, and Supplies Roof Ventilators, Power Driven (Including Recycled Types) Roof Ventilators, Wind Driven (Including Recycled Types) Solar Heating Units Stoves, Wood or Coal Testing and Recording Instruments Thermometers and Gauges Unit Heaters, Electric (Duct and Suspended Types) Unit Heaters, Gas-Fired (Duct and Suspended Types) Unit Heaters, Gas-Fired (Radiant and Infrared, Portable and Stationary) Unit Heaters, Steam and Hot Water Types Ventilation Equipment and Systems Vent Pipes, Fittings, and Accessories Vacuum System, Central, Including Filters, Parts and Accessories
Page 22 of 22
HURST-EULESS-BEDFORD ISD PURCHASING DEPARTMENT
1849 CENTRAL DR. BEDFORD, TX 76022
RFP #17-10 – HVAC Supplies
