N O T I C E T O B I D D E R S

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1 N O T I C E T O B I D D E R S The Grand Prairie Independent School District will receive bids on a continual basis: Until 4:30 p.m. (CST) Thursday, August 31, 2018 FOR: Fundraiser Services RFP #17-03 Prospective bidders may secure further information and specifications at The school district reserves the right to reject any and/or all bids and to waive all formalities and irregularities in bidding. BID ENVELOPE MUST BE ADDRESSED TO (If Mailing): Grand Prairie ISD Purchasing Department 2602 South Belt Line Road Grand Prairie, TX AND PLAINLY MARKED: RFP NO All bids (submitted via envelope) must be stamped in at the Purchasing Department (no other GPISD department or staff are acceptable). Bids may also be submitted electronically (preferred method) to the Purchasing Department s address: rfp@gpisd.org (please contact the Purchasing department directly to make sure your response was received) Faxed ( ) and/or hand carried responses (without envelope) are also acceptable. It is the duty of the responding vendor to make sure their response has been received and accepted by a member of the GPISD Purchasing Staff. 1

2 GRAND PRAIRIE INDEPENDENT SCHOOL DISTRICT PROCEDURES FOR SEALED BIDS GENERAL CONDITIONS APPLICABILITY - These conditions are applicable and form a part of the contract documents in each equipment and/or service contract and a part of the terms of each purchase order for items of equipment and/or service included in the specifications and bid forms issued herewith WITHDRAWAL OF BIDS - Any bid may be withdrawn by the bidder prior to the scheduled time for opening. Any request by a bidder to withdraw a bid must be in person or in writing and submitted to the Director of Purchasing prior to the scheduled time for opening bids. Any bid that is received after the time specified shall not be considered and may be returned unopened to the bidder BIDS SHALL BE SUBMITTED ON THESE FORMS - Deviations to the General Conditions and/or Specifications shall be conspicuously noted in writing by the bidder and shall be included in the bid BIDDERS WHO DO NOT BID are requested to notify the Grand Prairie Independent School District (GPISD) Purchasing Department in writing if they wish to receive future bids. Failure to do so will result in their being deleted from our bidder list GPISD reserves the right to waive any or all bid irregularities, formalities, or other technicalities; to be the sole and independent judge of quality and suitability of any products offered; and may accept or reject any bid in its entirety, or may reject any part of any bid without affecting the remainder of that bid, and may award the individual items on this bid in any combination or in any way to best serve the interests of GPISD as it perceived those interests to be in its sole discretion GPISD will enter into contractual relationships only with those bidders who have, through word and action, affirmed that they comply with all applicable existing laws or executive orders to insure equal employment opportunities, without regard to race, creed, color, sex, or national origin. Minority owned or HUB companies are encouraged to compete in providing goods and services to the district. GPISD does not operate under a setaside program SPECIFICATIONS do not apply to this bid EVALUATION OF BIDS, in accordance with Article 2368a.3, Section 5, takes into account the following considerations: Purchase Price; Reputation of the vendor, vendor s goods and services; 2

3 3.0.3 Quality of vendor s goods or services; Extent to which the goods or services meets district s needs; Vendor s past relationship with the district; Impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; Total long-term cost to the district to acquire the vendor s goods or services; Any other relevant factor specifically listed in the request for bids and proposals, such as vendor response time and compatibility of goods/products purchased CONTRACTS CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the Purchasing Department after bids have been awarded ALL CONTRACTS AND AGREEMENTS between bidders and the GPISD shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 1977 by the American Law Institute in the National Conference of Commissioners on uniform state laws Buyer's obligation is payable only and solely from the funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to the Seller by the Buyer If vendor performance becomes an issue during the contract term, GPISD has the right to terminate the contract with said vendor prior to the original expiration term noted in original contract CONDUCT WHILE ON DISTRICT PREMISES Successful bidder or contractor, and all employees, will be required to comply with the same standards applicable to the employees of the GPISD with regard to Employee Conduct and Welfare of the Auxiliary Employee Handbook at: SECTION (SECURITY; BID SECURITY; PAYMENT BONDS; AND INSURANCE) do not apply to this bid INTERLOCAL AGREEMENT The Grand Prairie ISD participates in the Educational Purchasing Cooperative of North Texas (EPCNT) There are several governmental entities which utilize this organization for potential purchases. A complete list may be viewed at Governmental entities utilizing Internal Governmental contracts with the EPCNT 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 Grand Prairie ISD will be billed directly to that governmental entity and paid by that 3

4 governmental entity. Grand Prairie ISD will not be responsible for another governmental entity s debts. Each governmental entity will order material/service as needed and issue the appropriate purchasing documents/contracts FUNDRAISER SELECTION PROCESS Individual clubs, groups or organizations within a campus will determine which Fundraiser Company they wish to used based on the following, but not limited to: commission, suitability of fundraiser to the campus need, and whether the fundraiser will be beneficial to the campus and its community Campus Sponsors will be allowed to select a Fundraiser Company from the approved roster The District reserves the right for individual clubs, groups or organizations to negotiate with a Fundraiser Company, the terms, conditions, pricing, and other aspects of the Fundraiser Company s services or products during the term of the contract DISTRICT ACCESS Fundraiser Companies are not authorized to make unsolicited contacts with individual campuses. If/when a campus has an interest in a particular fundraiser product/service, the campus will make the initial contact with the Fundraiser Company Once services are requested by the campus, Fundraiser Companies are asked to limit their contact with District representatives to only those times necessary to conduct appropriate fundraiser activities Fundraiser Companies are encouraged to contact a campus or department prior to their visit to arrange for an appropriate time to meet with District personnel. It is the option of District personnel to determine if the Fundraiser Company will be granted an appointment PAYMENT TERMS: Shall be negotiated with the individual campus/department for each fundraiser. However, no payments shall be made prior to the delivery of the product SALES TAX According to the Texas Comptroller s office, fundraising firms taking orders through brochures and sales forms are considered the actual sellers of the fundraising items and therefore, responsible for the sales taxes on the full sales price The District, in conducting a fundraiser, acts as a representative for the fundraising firms in taking the orders and earning a commission and is not responsible for the sales taxes on these sales Approved Fundraiser Companies will be expected to remit the proper sales tax to the Texas Comptroller s office and the District will not be held liable for any sales tax issues. 4

5 SIGNED CONTRACTS OR AGREEMENTS: Contracts may only be signed by the Board, Superintendent or CFO. Any contracts or agreements signed by any District employee other than the above shall be considered null and void CANCELLATION OF AWARD: Failure to abide by these guidelines or complaints received from schools/departments during the contract period will result in the cancellation of the permit, removal of the awarded company from the approved list, and prohibition from contacting school personnel concerning fundraisers CONTACT If you have any questions regarding this bid, please contact Sherry Ellis, Purchasing Director at or at 5

6 BIDDER S CERTIFICATE FORM RFP #17-03 This bid is a qualifying agreement and all vendors responding will be approved. Your company MUST respond to this bid in order to become an approved vendor with GPISD. All information must be completed for the bid to be considered. 1. Provide the basic description of company and the types of products or services offered (attach copies of product descriptions, promotional literature, sales instructions, etc.): 2. The range of unit costs and suggested retail prices of the product or service: 3. Anticipated profit percentage for the product or service: 4. How is the product or service marketed by the seller (hand-to-hand, internet, brochures, etc.)? 5. Product or service guarantee: 6. Support services provided by the fundraising sales representative: 6

7 7. Excluding pre-sales, can unsold merchandise be returned to the company and credit issued? Yes No 8. If yes, will it be for full credit? Yes No 9. If no, what percentage will be credited? % 10. List the appropriate school level(s) for the product or service. All Grade Levels High School (9 th -12 th ) Middle School (6 th -8 th ) Elementary School (PreK-5 th ) ****Please provide catalogs, brochures, order forms, etc. with application**** It is understood that this bid will be effective until August 31, EPCNT INTERLOCAL AGREEMENT CLAUSE Should the governmental, referenced above, elect to participate in this contract, would you, (the contractor) agree that all terms, conditions, specifications, and pricing would apply? YES NO 7

8 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 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 contract. This Notice Is Not Required of a Publicly Held Corporation (I) (We), 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. Check the appropriate box and sign the form. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. AUTHORIZED SIGNATURE: My firm is not owned nor operated by anyone who has been convicted of a felony. AUTHORIZED SIGNATURE: My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. Name of Felony: Details of Conviction(s): AUTHORIZED SIGNATURE: DATE: 9

9 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section (1-a) with a local governmental entity and the vendor meets requirements under Section (a). FORM CIQ OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section (a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section , Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 3 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section (a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section (a)(2)(B), excluding gifts described in Section (a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission Revised 11/30/2015

10 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code (1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code (a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code (a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section (a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section (a)(2)(B), excluding any gift described by Section (a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission Revised 11/30/2015

11 VENDOR PROFILE Company Name: Company Address: Website Address: Address: To send bid documents: Telephone Numbers: To check on orders: Fax Number: Contact for this proposal: Name: Address: City, State, Zip: Phone: Fax: Authorized Signature: Remit to Address (if different than above): Company Name: Address: City, State, Zip: 12

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13 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION Bidding companies that have been certified by the Texas Building and Procurement Commission (TBPC) as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to this Bid Invitation. The electronic catalogs will indicate HUB certification for vendors that properly indicate and document their HUB certification on this form. I certify that my company has been certified by the Texas Building and Procurement Commission as a Historically Underutilized Business (HUB), and I have attached a copy of our HUB Certification to this form. (Required documentation for recognition as a HUB). My company has NOT been certified by the Texas Building and Procurement Commission as a Historically Underutilized Business (HUB). SIGNATURE OF AUTHORIZED REPRESENTATIVE NAME ( PLEASE PRINT ) TITLE DATE

14 DISTRICT PURCHASE ORDER REQUIREMENTS Vendor: innovate, educate, graduate 2602 S. Belt Line Rd. Grand Prairie, Texas Items and/or services are to be delivered Grand Prairie Independent School District ONLY when a district approved purchase order has been faxed, ed or called into your company. Under no circumstances, should items and/or services be provided to the district without a properly drawn district purchase order. If your company provides any item and/or service without a properly drawn district purchase order, you are NOT GUARANTEED PAYMENT and the item and/or service you provided could be constituted as a donation to the district. Please inform any staff member that handles the Grand Prairie Independent School District account of these procedures. You MUST sign this document as acknowledgement that you understand this policy in order for your vendor to be placed on our approved vendor listing or to remain an approved vendor. Company Name Signature Printed Name Date

15 Please return this completed form to the Grand Prairie ISD Finance Department, attention Accounts Payable or to for expeditious processing of payments to your firm. If your company has their own ACH form, please attach it to this signed GPISD signature form for submission. ACH Instructions: innovate, educate, graduate 2602 S. Belt Line Rd. Grand Prairie, Texas Bank Name: Name on account: Routing Number (ABA#): Account Number: Type of Account: Account Type: Remittance (check one) PERSONAL BUSINESS (check one) CHECKING SAVINGS Additional Identifying Information: ******************************************************************************************************************** Company Information for ACH: Name of Company Representative: Title: Signature: Telephone Number: Fax Number: Contact: ATTACH A COPY OF A VOIDED CHECK OR BANK VERIFICATION HERE. (NOT A DEPOSIT SLIP)