INVITATION FOR PROPOSAL

Transcription

1 INVITATION FOR PROPOSAL 505 N. RIDGEWAY, STE. 100 CLEBURNE, TX Phone (817) Fax (817) Cleburne Independent School District (Cleburne ISD) is accepting sealed proposals for Athletic and Athletic Training Supplies and Equipment for the school year (7/1/17-6/30/18). The purpose of this request is to allow Cleburne ISD to purchase these goods/services from your company while remaining in compliance with state and federal proposal laws and requirements Electronic proposal submissions through Public Purchase are strongly encouraged; however paper responses will also be accepted. Paper responses shall be submitted in an envelope marked on the outside with the proposer s name, address and proposal number (RFP Athletic & Athletic Training Supplies and Equipment). Proposals can be delivered until 2:00p.m., Thursday, June 8, 2017 to: Cleburne Independent School District Attn: Purchasing Dept. 505 N. Ridgeway, Suite 100 Cleburne, TX Proposals will be opened in the Cleburne ISD Board Room, Thursday, June 8, 2017 at 2:00 p.m. At that time, only the names of the vendors who submitted a proposal will be disclosed. Proposals received after the published time and date cannot be considered. Faxed and ed proposals will not be accepted. Cleburne ISD accepts no financial responsibility for any costs incurred by the vendor in the course of responding to this invitation. Cleburne ISD reserves the right to accept or reject all or parts of the proposal, to waive all formalities, and to accept the proposal that best meets the needs of the district. Proposers that submit a paper response must submit one (1) original copy of their response. It is not necessary to submit every page contained in this proposal packet. Please submit only the forms indicated on the Proposal Checklist form found on page 2, along with any additional catalogs or pricelists you wish to submit. All questions regarding this proposal must be submitted in writing not later than Thursday, May 31, 2017 at 12:00 to Heidi Todd via e- mail htodd@c-isd.com. Contact between solicited vendors and user departments during the request for sealed proposal process or evaluation process is prohibited. Cleburne Independent School District requires that any vendor not planning to respond to this proposal must fill out the No Proposal Notification page in order to remain on our vendor list for future proposal opportunities. Cleburne ISD reserves the right to reject any or all proposals, accept proposal deemed most advantageous to the school district and to waive any technicalities in proposing. Each proposer agrees to hold their offer open for acceptance by Cleburne ISD for no less than ninety (90) days from the deadline date and time for proposal submission. It is the policy of the Cleburne Independent School District not to discriminate on the basis of race, color, religion, national origin, sexual orientation, or age in its programs and activities, its educational programs, nor in its employment practices. 1

2 SCOPE OF INTENT Cleburne ISD is seeking sealed proposals for the purchase of athletic and athletics training supplies and equipment to include, but not limited to: athletic apparel, sporting equipment, athletic training supplies and equipment. Exact quantities are unable to be determined at this time. Quantities to be purchased are proportional to the approximate contract value and Cleburne ISD usages of the previous contract period. Cleburne ISD reserves the right to purchase more or less. The contract shall be for a period of one (1) year, July 1, 2017 through June 30, 2018, with an option to renew for three (3) additional years, providing any subsequent renewal is agreed to in writing, by both parties. Respondents to the RFP are advised than an interlocal agreement exists between Cleburne ISD and the Educational Purchasing Cooperative of North Texas (EPCNT). Any of the members that are part of this interlocal agreement may utilize the goods provided by the successful vendor pursuant to this RFP. Please complete the Interlocal Clause Form if your company agrees. In order to ensure the integrity of the selection process, Proposer s employees, officers, agents,or other representatives shall not lobby or attempt to influence a vote or recommendation related to the Proposer s response, directly or indirectly, through any contact with school board members or other district officials from the date this RFP is released until the award GENERAL TERMS AND CONDITIONS APPLICABILITY These conditions are applicable and form a part of all contract documents and a part of the terms of all purchase orders for items included in the specifications and proposal forms issued herewith. In the event of any conflict between the terms and conditions stated under these specifications and that of any other agreement, then the District's contract and the resultant purchase order terms and conditions shall prevail CONTRACTS Contracts for purchases will be put into effect by means of a purchase order after proposals have been awarded. No contract exists without a properly drawn purchase order and the District assumes no responsibility unless such a purchase order exists. Terms contrary or in additional to the terms and conditions hereof, shall not operate to alter, or amend any such terms and conditions as stated herein EXECUTION OF CONTRACT Execute work as per contract document. Make no change therefrom without having first received written permission from the Chief Financial Officer. Where detailed information is lacking, refer matter to the Chief Financial Officer for clarification before proceeding with work. Changes made without the knowledge or approval of the Chief Financial Officer will be at vendor s risk, resulting in non-payment of the additional cost and may result in immediate cancellation of the contract TERMINATION OF CONTRACT It is understood that the District retains the option to terminate this Agreement for any reason at the end of each contract period without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The termination will become effective and this Agreement shall terminate thirty (30) days following written notification of intent NON-APPROPRIATION OF FUNDING No term contract or agreement may exceed a period of one (1) year from the approved contract date without specific authorization of the Cleburne I.S.D. Board of Education. Should funding for the continuance of this contract be withdrawn by the Board, the District retains the right to terminate the agreement in accordance with the termination provision stated herein and without pecuniary risk or penalty UNIFORM COMMERCIAL CODE 2

3 All contracts and agreements between merchants and the Cleburne Independent School District shall strictly adhere to the statues as set forth in the Uniform Commercial Code as last amended TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Cleburne ISD until Cleburne ISD actually receives and takes possession of the goods at the point or points of delivery. Cleburne ISD will not accept responsibility for processing freight damage claims occurring prior to receipt, including concealed damage of goods GUARANTEE/WARRANTY The proposer shall warrant work performed and materials installed for a minimum period of one (1) year from the date of final acceptance by the owner. Warranty conditions for all supplies and/or equipment shall be considered manufacturer s minimum standard warranty unless otherwise agreed to in writing. Proposer shall guarantee all equipment and materials to meet the specifications of this proposal. Any deviation from specifications must be so noted on the proposal form. The proposer shall provide warranty information and/or company guarantees concerning the products proposal. All merchandise that is received and found to be defective shall be replaced by the proposer at the proposer s expense or fully repaired to the complete satisfaction of the District before payment is made PRICING CRITERIA 1) State Sales Tax Exemption The Cleburne Independent School District is exempt from taxation on materials under the Texas Limited Sales, Excise and Use Tax on any purchase, lease, or rental of tangible personal property, and will issue certificates of exemption from the Texas State Sales Tax on materials furnished by contractors on school construction projects. Therefore, all proposers are instructed not to include the Texas State Sales Tax in their proposals. 2) Pricing Term/Delivery All prices shall remain firm for the term of the contract unless otherwise specified and are to be quoted F.O.B. (shipping charges to be included in proposal price) Cleburne I.S.D., inside delivery. 3) Procedure Payment policies and ALL pricing must be detailed in this proposal document. Any policy, price, handling charge, delivery charge, or any other fee not detailed in this proposal document will in no case be the responsibility of the Cleburne Independent School District PRODUCT CONDITIONS 1) Product Design Guide All equipment and parts required in this contract shall be new and of the latest model and design unless otherwise specified herein. All products and materials furnished must comply with all applicable federal, state and local laws, codes and regulations. 2) Brand Names Any catalog, brand name or manufacturer s reference used in the proposal is to be considered descriptive and not restrictive and is intended to indicate type and quality desired; any proposal on a brand of like nature and quality will be considered. If proposing on other than referenced specifications, proposals must show manufacturer, brand, model, etc., of the item being offered. Proposers shall furnish with their proposal complete catalog illustrations, specifications, and performance data on each item. Samples must be sent with the proposal where requested. 3) Samples When specified or requested, samples shall be submitted free of expense to the District. Samples should be tagged with proposalder s name and address. If samples are not used or destroyed in testing, they shall be claimed within thirty (30) days of the proposal opening or they will become the property of the Cleburne Independent School District. 4) Determination of Quality The Cleburne Independent School District reserves the right to use whatever means deemed adequate to determine quality and craftsmanship and to weigh the value of such determination in comparison with other factors. The District reserves the right to make the final decision as to product equivalency. 5) Product Manuals Any equipment purchased by the Cleburne Independent School District must include parts 3

4 and service manuals, along with any schematics which would assist District repair personnel in repairing these items. 6) Copyright/Trademark/Patent In the event any article to be sold or delivered hereunder is covered by any patent, copyright, trademark, or application therefore, the proposer /seller shall indemnify and hold harmless the District from any and all loss, cost expenses and legal fees on account of any claims, legal actions, or judgments on account PROPOSAL RESPONSE 1) Proposal Forms Electronic proposal submissions through Public Purchase are strongly encouraged; however, paper responses will also be accepted. Electronic proposals will eliminate errors, eliminate unnecessary work, and is friendlier to the environment. Please contact Heidi Todd at if you need assistance with an electronic submittal. Paper responses will also be accepted and may be submitted by U.S. Mail, common carrier, or other courier or delivery service, or by hand delivery. Proposals delivered by hand will be accepted at the Cleburne ISD Administration Building located at 505 N. Ridgeway, Cleburne, TX Cleburne ISD is not responsible for proposals or related correspondence that are misspent, misdelivered or misplaced. The date /time record of Cleburne ISD staff will be the official time of receipt.proposals will be received until the deadline indicated on the Notice of Invitation for Proposal. All proposals shall be submitted on the proposal form provided herein. Each proposal shall be placed in a sealed envelope bearing the identification of the proposer s company name, address, proposal title, Cleburne ISD proposal number, date and time stated for the proposal opening. Each proposal shall be signed by a company representative duly authorized to bind the business for obligations stated herein. The omission of such signature will be just cause for proposal rejection. 2) Proposal Alterations No proposal can be altered or amended after opening time. Any alterations made before opening time must be signed or initialed by the proposer or his agent. 3) Proposal Withdrawal Any proposal submitted under this document cannot be withdrawn without the written consent of the Cleburne Independent School District. Any proposer who fails to honor their proposal shall fall subject to the terms and conditions of the Uniform Commercial Code, Section , and will be removed from the District s vendor file for not less than one (1) year AWARD CRITERIA The Cleburne Independent School District does not purchase solely on the basis of low proposal and shall accept the proposal deemed to be in the best interest of the District. In making that determination, the following criteria will be considered. 1) Purchase price 2) Reputation of the vendor and of the vendor s goods or services 3) Quality of the vendor s goods or services 4) Extent to which the goods or services meet the district s needs 5) Vendor s past relationship with the District 6) The impact on the ability of the district to comply with laws and rules relating to HUB s 7) Total long-term cost to the District to acquire the vendor s goods or services 8) Any other relevant factor specifically listed in the proposal request 9) Vendor delivery time All of the criteria will be considered. Some will be assigned a weight and others may be given a weight of zero (0) for this proposal. Cleburne ISD anticipates awarding this contract to multiple vendors in order to best serve the needs of the District. All vendors properly responding on time to this proposal will be considered for award. No award notice will be mailed to vendors. Please check the Public Purchase website, the Cleburne ISD website, or contact Heidi Todd at htodd@c-isd.com for the list of awarded vendors DELIVERY CONDITIONS 4

5 1) Schedule Each proposal is to show the number of calendar days required to deliver the article(s) to the specified location under normal conditions after receipt of purchase order. 2) Installation Any time that requirements include delivery, set in place, and installation for any piece of equipment, the proposer must also remove the shipping cartons containing the goods from the Cleburne Independent School District premises. These cartons cannot be placed in CISD dumpsters. 3) Packing All orders delivered to the Cleburne Independent School District shall be packaged individually in commercial containers constructed as to insure acceptance and safe delivery at the lowest rate to the point of delivery called for in the contract or purchase order. Two (2) or more purchase orders shall not be combined in one (1) package. 4) Marking Shipping containers shall be plainly marked with the proper Cleburne Independent School District purchase order number. Any item received without a purchase order number may be returned to the proposer. The cost of such return will be the responsibility of the proposer. 5) Back orders Back orders shall be delivered within sixty (60) days from receipt of the original order. In the event of an unexpected delay, Cleburne Independent School District shall be notified in writing by facsimile or United Stated Postal Service, thereby giving Cleburne I.S.D. the option to cancel, order the merchandise from another source, or wait for delivery. 6) Delivery Address Deliveries shall be made to the address indicated on the purchase order during normal school hours. 7) Time of Delivery Time of delivery is a part of the award consideration; therefore, it must be stated in definite terms and shall be adhered to completely PAYMENT Application for payment may be submitted with two copies of the invoice following acceptance by owner. All invoices will reflect the discount pricing for Cleburne I.S.D. All invoices shall be itemized as to quantity, part number and description. In addition, all invoices must show the Cleburne Independent School District name, address to which the material was delivered and the correct purchase order number. All invoices shall be matched with delivery tickets (tickets with an accurate description of the commodity delivered) as a matter of verification and placed in the payment process. Cleburne ISD is not responsible for any indebtedness connected with the work, payrolls, or materials. Mail all invoices to: Cleburne Independent School District Attn: Accounts Payable 505 N. Ridgeway, Suite 100 Cleburne, TX No payments shall be made on invoices not listing a Cleburne ISD purchase order number TEXAS HAZARD COMMUNICATION ACT Successful proposers must furnish current Material Safety Data Sheets for any items containing any element, chemical compound or mixture of elements or compounds that is a physical hazard as defined by federal regulation VENDOR NON-PERFORMANCE If at any time, the proposer fails to fulfill or abide by the terms, conditions, or specifications of the contract, Cleburne ISD reserves the following rights, including but not limited to: 1. Purchase on the open market and charge the proposer the difference between contract price and actual purchase price 2. deduct such charges from existing invoice totals currently due 5

6 3. cancel within thirty (30) days written notification of intent and remove the vendor from the active proposal file for a period of time not less than one (1) year 4. recover incidental expenses and consequential damages as a result of failure to perform 5. Re-bid the service/product 6. Award to next lower proposer, if accepted by same ASSIGNMENTS AND SUBCONTRACTING No part of this order may be assigned or subcontracted without the prior written approval of CISD. Payment can only be made to the supplier/vendor named in and awarded this proposal unless agreed to in writing by Cleburne ISD PROPRIETARY OR TRADE SECRETS (Government Code, Article ) If any of the information is considered to be proprietary or a trade secret belonging to the proposer and if released, would give advantage to a competitor or proposer, that information should be boldly stamped or marked CONFIDENTIAL Do not duplicate without permission DISCREPANCIES Any problems or discrepancies, which are not covered by the above requirements, should be directed to the Chief Financial Officer for a determination or clarification prior to any action taken on said problem or discrepancy. If the vendor/contractor fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner VENUE This agreement shall be governed by and construed in accordance with the laws of the State of Texas, and venue shall lie in Johnson County, Texas DISCLOSURES Proposer shall note any and all relationships that might be a conflict of interest and include such information with the proposal ADDENDA Cleburne ISD reserves the right to revise and amend the specifications prior to the date set for the opening. Respondents are requested to clarify any ambiguity, conflict discrepancy, omission or other error(s) in the RFP in writing and request modification or clarification desired. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished complete copy of the RFP. Any addenda or clarification that may be issued for this proposal will be posted to both Public Purchase and the Cleburne ISD website FORCE MAJEURE Neither Vendor nor the District shall be responsible or deemed to be in default of its obligations to the other to the extent any failure to perform or delay in performing its obligations under this proposal is caused by events or conditions beyond the reasonable control of that party, and are not due to the negligence or willful misconduct of such party (hereinafter, Force Majeure events ). For purposes of the RFP, Force Majeure events shall include, but not limited to, acts of God or public enemy, ware, riot or civil commotion, strikes, epidemic, fire, earthquake, tornado, hurricane, flood, explosion, or other catastrophes, or events or conditions due to governmental law, regulations, ordinances, order of the court or competent jurisdiction, executive decree or order. However, in the event of such delay(s) or nonperformance, the party so delayed shall furnish prompt written notice to the other party (including date of inception of the Force Majeure event and the extent to which it will affect performance) and shall undertake all efforts reasonably possible to cure the delay or nonperformance and mitigate its effects or to otherwise perform. The District shall not be responsible for payment for any product or service delayed or 6

7 foreclosed by any Force Majeure event unless and until such delayed or foreclosed product or service is provided. The provisions of this section shall not preclude the District from canceling or terminating any resulting award (or any order for any goods or services included herein), or from revising the school of the work, as otherwise permitted under this proposal GRATUITIES The District may, by written notice to the Vendor, cancel this RFP without liability to Vendor if it is determined by the District that gratuities, in the form of entertainment, compensation, gifts, or otherwise, were offered or given by a Vendor, or any agent or representative of the Vendor, to any Board Member, officer, or employee of the Cleburne Independent School District with a view toward securing a RFP or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such an agreement NOTICE OF DELAYS Whenever the Vendor encounters any difficulty which is delaying or threatens to delay timely performance (including actual or potential labor disputes), the Vendor shall immediately give notice in writing to the District, including all relevant information. Such notice shall not in any way constitute a basis for an extension of the delivery or performance schedule or be construed as a waiver by the District of any right or remedies to which it is entitled bylaw or pursuant to provisions herein. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery or performance schedule because of such delay SPECIAL TERMS AND CONDITIONS Award of this proposal is not limited to one vendor All prices quoted shall be effective from the period of July 1, 2017 through June 30, All items identified on the proposal form are to be shipped F.O. B. (shipping charges included in cost) Cleburne ISD inside delivery. If shipping charges will be added to invoice as a separate charge, you must make note of that in the space provided for deviations. Cleburne ISD does not have any loading docks or a central receiving location Athletic supplies are purchased based on budgeted dollars and donations from booster clubs and athletic activity funds If samples are requested by the athletic director or his designee, they are to be provided within seventy two (72) hours to the Athletic Director, 505 N. Ridgeway, Cleburne, TX 76033, at no charge to CISD. Each sample is to be labeled and numbered the same as the item it would be substituted for on the proposal. (Example: Substitute for Item #15 warm-up ). All samples are to be tagged with the proposer s name, address and telephone number Any vendor name, or manufacturer s logo that appears on any of the clothing items cannot be larger than 1-1/2 x 1-1/ All purchases will be made by means of a purchase order. All orders shall be delivered to the ship to location on the purchase order. Any goods shipped without a Cleburne ISD purchase order will be at the vendor s risk. 7

8 3.0.0 Proposal Response Catalog Proposal Athletic Supplies Proposal shall pertain only to those items normally consumed during the school year. A list is requested which specifies those catalog items that shall be included or excluded on your proposal for comparative purposes and to aid staff in making our requisitions. Please complete the proposal questionnaire below. Consideration shall be given to discount and non-discount, catalog prices, terms, conditions, services offered, sales representation and prior experience. 1. What discount percentage from current catalog prices do you propose % 2. Will discount apply through the school year? 3. Will discount apply to quantity price bracket normally available for the quantity purchased? 4. Will there ever be additional charges for freight, postage, crating or packaging? If so, estimate additional charges for freight and postage 5. Will your catalogs be made available for use by our staff upon the awarding of this proposal? 6. Please indicate if you are a member of the following: BuyBoard TXMAS TCPN TIPS USA Other Signature Date Printed Name Company THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 8

9 EVAULATION CRITERIA The district will use the best value method to determine the awarded vendors. Cost will be assigned 100% of the value. If the district has experienced delivery problems or problems of another nature with a vendor that has come in as low proposer, CISD reserves with right to award to the next lowest proposer or accept a proposal that is in the best interest of the district. All other criteria identified under TEC was considered and will receive a score of zero (0) for this proposal. Comments or deviations from specifications: Conflict of Interest Disclosure: As a requirement of LGC , vendors are required to disclose any conflict of interest. If you have a business relationship with any of the following individuals that may be a conflict of interest, you must complete a Conflict of Interest Questionnaire (CIQ) form located at This web site will also give you detailed information on the types of disclosures that must be made. Cleburne ISD Board of Trustees: June Bates Elizabeth Childress Mike Witte Teddy Martyniuk John Finnell DeAnne King Wendell Dempsey Cleburne ISD Superintendent: Dr. Kyle Heath THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 9

10 THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 10

11 4.0.0 VENDOR REFERENCES References: School District or business references which your company has provided same/similar goods or services as those being proposal. These are not your trade or supplier references. References must be provided even if you are currently providing services to the district or have provided services in the past. Company Name: Contact Name: Phone Number: Company Name: Contact Name: Phone Number: Company Name: Contact Name: Phone Number: THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 11

12 5.0.0 EXECUTION OF OFFER By signature hereon, the proposer hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code. By executing this offer, proposer affirms that he/she has not given, offered to give, nor intends to give at anytime hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resulting contracts, and the proposer shall be removed from all vendor lists. By signature hereon affixed, the proposer hereby certifies that neither the proposer nor the firm, corporation, partnership or institution represented by the proposer or anyone acting for such firm, corporation or institution has violated the antitrust laws of this state, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal Antitrust Laws. Furthermore, the undersigned affirms that they are truly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other proposer, and that the contents of this proposal as to prices, terms, conditions or said proposal have not been communicated by the undersigned nor by an employee or agent to any other person engaged in this type of business. Cleburne ISD does not discriminate because of race, religion, color, sex, national origin or handicaps. Having carefully examined the proposal request, terms, conditions, specifications and the proposal form, the undersigned hereby proposes and agrees to furnish goods and services in strict compliance with the specifications and conditions stated herein. Company Submitting Proposal: Company Address: Signature of Authorized Representative: Printed Name of Authorized Representative: Company phone number: Taxpayer Identification Number: THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 12

13 CLEBURNE INDEPENDENT SCHOOL DISTRICT 505 N. RIDGEWAY, STE 100 CLEBURNE, TX CERTIFICATE OF RESIDENCY The state of Texas has passed a law concerning non-resident proposers. This law can be found in Texas Education Code under Chapter 2252, Subchapter A. This law makes it necessary for the Cleburne Independent School District to determine the residency of its proposers. In part, this law reads as follows: Section: (3) Non-resident proposer refers to a person who is not a resident. (4) Resident proposer s refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section: A governmental entity may not award a governmental contract to a nonresident proposer unless the nonresident proposer under proposals the lowest proposal submitted by a responsible resident proposer by an amount that is not less than the amount by which a resident proposer would be required to under proposal the nonresident proposalder to obtain a comparable contract in the state in which the nonresident s principal place of business is located. I certify that (Name of Company Proposing) is, under Section: (3) and (4), a Resident Proposer Non-resident Proposer My or our principal place of business under Section: (3) and (4), is in the city of in the state of (a) Does your resident state require proposers whose principal place of business is in Texas to underbid proposers whose residence state is the same as yours by a prescribed amount or percentage to receive a comparable contract? Yes No (b) If yes, what is that amount or percentage? Signature of Authorized Company Representative Printed Name of Authorized Company Representative Title/Position with company Date THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 13

14 CLEBURNE INDEPENDENT SCHOOL DISTRICT 505 N. RIDGEWAY, STE 100 CLEBURNE, TEXAS FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No. 1, Section , 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 a person or an owner or operator of the business entity has been convicted of a felony. This notice must include a general description of the conduct resulting in the conviction of a felony. NOTE: 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. VENDOR S NAME: Authorized Company Official s Name (printed): 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): Details of Conviction: Signature of Company Official: THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 14

15 CLEBURNE INDEPENDENT SCHOOL DISTRICT 505 N. RIDGEWAY, STE 100 CLEBURNE, TEXAS NO PROPOSAL NOTIFICATION The Cleburne Independent School District is interested in receiving competitive pricing on all items it proposals. We place significant value on quality vendors and we also desire to keep your firm as a proposer and a supplier of materials, equipment and/or services. Therefore, it is important for us to determine why you are not proposing on this contract item. We will analyze your response and attempt to determine if future changes are necessary in our specification development and procedures. I/We DID NOT SUBMIT A PROPOSAL FOR THE FOLLOWING REASONS: (Please place an X by one or more of the reasons listed below.) 1. Do not supply the requested product/service. 2. Quantities offered or scope of job is TOO SMALL to be supplied by my company. 3. Quantities offered or scope of job is TOO LARGE to be supplied by my company. 4. Specifications are too tight or appear to be written around a proprietary product. (Please elaborate on this item.) 5. Cannot proposal against MANUFACTURER on this item. 6. Cannot proposal against JOBBER on this item. 7. Time frame for proposing was too short. (Please elaborate on your primary reason for this judgment.) 8. Other If you wish to remain on the Cleburne I. S.D. vendor list for future proposal opportunities for this item(s), please indicate: I do wish to remain on the vendor list. I do not wish to remain on the vendor list. Vendor Signature Date Company Name Proposal Title Address (city, state, zip) Phone 15

16 16

17 INTERLOCAL AGREEMENT CLAUSE Cleburne ISD is a participating member of the Educational Purchasing Cooperative of North Texas (EPCNT). As such Cleburne ISD has executed an Interlocal Agreement, as permitted under Chapter 791 of the Government Code with certain other governmental entities in EPCNT authorizing participation in a cooperative purchasing program. Several governmental entities in proximity to the Joshua 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 apply? Yes No If you (the Vendor) checked yes, the following will apply. Governmental entities utilizing Internal Governmental contracts with the Cleburne 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 made by a governmental entity other than Cleburne Independent School District will be billed directly to that governmental its own material/service as needed. For information regarding the Educational Purchasing Cooperative of North Texas, please visit their website at the following address: Vendor Name Signature Printed Name Title Date THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 17

18 CLEBURNE INDEPENDENT SCHOOL DISTRICT 505 N. RIDGEWAY, STE 100 CLEBURNE, TEXAS CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned certifies on behalf of the company and its key employees that neither the company nor its key employees have been proposed for debarment, debarred or suspended by any Federal Agency. The undersigned agrees to notify the District in the event that the company or any of its key employees are proposed for debarment, debarred or suspended by any Federal Agency or by any State of Texas agency. Notification shall take place within five (5) business days after the company or employee is notified of either debarment or suspension or possible debarment or suspension. Notification shall be sent to Mr. David Johnson; Chief Financial Officer; Cleburne Independent School District; 505 N. Ridgeway, Suite 100, Cleburne, Texas I attest that I have answered the questions regarding debarment and suspension truthfully and To the best of my knowledge. Corporate Officer s Signature Printed name Title THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 18

19 CLEBURNE INDEPENDENT SCHOOL DISTRICT 505 N. RIDGEWAY, STE 100 CLEBURNE, TEXAS AFFIDAVIT OF NON-COLLUSION By submission of this bid or proposal, the undersigned certifies that: a. This bid or proposal has been independently arrived at without collusion with any other bidder or with any other competitor; b. This bid or proposal has not been knowingly disclosed, and will not be knowingly disclosed, to any other bidder, competitor prior to the opening of bids or proposals for this project; c. No attempt has been or will be made to induce any other person, partnership, or corporation to submit or not submit a bid or proposal; d. The undersigned certifies that he is fully informed regarding the accuracy of the statements contained in this certification, and that the penalties herein are applicable to the bidder as well as to any person signing on his behalf. Address: Company Name: Address: City, State, Zip: Phone Number: Fax Number: Printed Name: Authorized Signature: Title: Date: THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 19

20 In 2015, the Texas Legislature adopted House Bill 1295, which added section of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity (vendor) 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 Form 1295 must be filed electronically by the business entity/vendors with the Texas Ethics Commission before the contract may be entered into. Please go to the following website to learn how to submit your form. The website is: There are 2 short videos that are very helpful in completing and filing the Form 1295 the first video is "Logging In the First Time - Business User" and also "Form 1295 How to Create a Certificate Business Entity" these videos will show you step by step directions on setting up an account with the Texas Ethics Commission and how to submit the 1295 form. First, you will click on the LOG IN button from the above mentioned website, this will take you to choose your filing authority, you will click on FORM 1295 FILINGS. You will then click on CLICK HERE IF YOU DON'T HAVE A USER ID to create your account. When the required information is entered, you will choose Business Entity from the SELECT USER TYPE drop down box and then CREATE ACCOUNT. Once your account is set up you will get an from the Texas Ethics Commission. Follow the link on the to enter your new password, set up security questions and complete mailing address. When registration is complete you will then be able to complete Form Once you have completed Form 1295 on-line with the Texas Ethics Commission, you will print Form 1295 and have it notarized and send to the Government Entity (Cleburne Independent School District). Upon Cleburne Independent School District receiving the notarized From 1295, Cleburne Independent School District will then go to the Texas Ethics Commission website and accept the form electronically. 20

21 21

22 PROPOSAL CHECKLIST To help ensure that you include all the materials necessary to complete a thorough evaluation of your bid proposal, we suggest that you use this checklist as a reminder to yourself, by placing a check in each box in the Verified column indicating that the item is included in your proposal packet. Verified Description of Item Proposal Response Comments or Deviation Page CIQ Vendor References Execution of Offer Certificate of Residency Felony Conviction Notice Non Proposal Notification (if applicable) W9 Interlocal Agreement Clause (if applicable) Certification Regarding Debarment and Suspension Affidavit of Non-Collusion Form