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PART III: Attachments...☐ FORM M: Certification Regarding Federal Lobbying (TDA Form H2049) - NOT...

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PART III: Attachments Please include all original completed forms with the original version of your RFP and one electronic copy on the required USB Drive. ***Please submit documents in order per RFP Part II Section 1 "Proposal Response Requirements*** Forms/Attachments: FORM A: Supplier Information FORM B: Attachment B - M/WBE Instructions and Participation Report FORM C: Certificate of Insurance (Acord Form) FORM D: Reference Survey Instructions FORM E: Reference Survey FORM F: General Certifications FORM G: EDGAR Certifications FORM H: Exceptions FORM I: Conflict of Interest Instructions and Questionnaire (Certification, Instructions, & CIQ) FORM J: Instructions for Completion of Disclosure of Interested Persons Certification (HB 1295) FORM K: IRS Form W‐9 (Must submit new form, revised October 2018) FORM L: Criminal History Background Check Certification FORM M: Certification Regarding Federal Lobbying (TDA Form H2049) - NOT APPLICABLE FOR THIS PROJECT FORM N: Compliance with Buy American Provision - NOT APPLICABLE FOR THIS PROJECT FORM O: Acknowledgement Form FORM P: Nutrition Packet (Part V of Download) - NOT APPLICABLE FOR THIS PROJECT Page 1 of 24 RFP #19-02-04 Chemical Dispensers & Related Items Page 1 of 24
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  • PART III: Attachments

    Please include all original completed forms with the original version of your RFP and one electronic copy on the required USB Drive.

    ***Please submit documents in order per RFP Part II Section 1 "Proposal Response Requirements***

    Forms/Attachments:

    ☐ FORM A: Supplier Information

    ☐ FORM B: Attachment B - M/WBE Instructions and Participation Report

    ☐ FORM C: Certificate of Insurance (Acord Form)

    ☐ FORM D: Reference Survey Instructions

    ☐ FORM E: Reference Survey

    ☐ FORM F: General Certifications

    ☐ FORM G: EDGAR Certifications

    ☐ FORM H: Exceptions

    ☐ FORM I: Conflict of Interest Instructions and Questionnaire (Certification, Instructions, & CIQ)

    ☐ FORM J: Instructions for Completion of Disclosure of Interested Persons Certification (HB 1295)

    ☐ FORM K: IRS Form W‐9 (Must submit new form, revised October 2018)

    ☐ FORM L: Criminal History Background Check Certification

    ☐ FORM M: Certification Regarding Federal Lobbying (TDA Form H2049) - NOT APPLICABLE FOR THIS PROJECT

    ☐ FORM N: Compliance with Buy American Provision - NOT APPLICABLE FOR THIS PROJECT

    ☐ FORM O: Acknowledgement Form

    ☐ FORM P: Nutrition Packet (Part V of Download) - NOT APPLICABLE FOR THIS PROJECT

    Page 1 of 24

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 1 of 24

  • FORM A: SUPPLIER INFORMATION

    This Form A is required. See HISD Policy CHE (Local).

    LEGAL NAME OF SUPPLIER:

    DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER:

    TYPE OF BUSINESS/DESCRIPTION OF PRODUCTS AND/OR SERVICES PROVIDED:

    SUPPLIER MAILING ADDRESS:

    CITY: STATE: ZIP CODE:

    SUPPLIER STREET ADDRESS:

    CITY: STATE: ZIP CODE:

    TELEPHONE: FAX:

    CONTACT PERSON’S NAME:

    CONTACT PERSON’S TELEPHONE NUMBER: FAX:

    CONTACT PERSON’S E-MAIL ADDRESS:

    1. TYPE OF BUSINESS ENTITY: ☐ PUBLICLY TRADED CORPORATION ☐ PRIVATE CORPORATION

    ☐ LIMITED PARTNERSHIP ☐ PARTNERSHIP

    ☐ SOLE PROPRIETORSHIP ☐ NOT FOR PROFIT ENTITY

    2. NUMBER OF FULL TIME EMPLOYEES: NUMBER OF PART TIME EMPLOYEES:

    3. IS SUPPLIER IS A RESIDENT BIDDER? ☐ YES ☐ NO

    A RESIDENT BIDDER REFERS TO A PERSON WHOSE PRINCIPAL PLACE OF BUSINESS IN THE STATE OF TEXAS,

    INCLUDING A SUPPLIER WHOSE ULTIMATE PARENT COMPANY OR MAJORITY OWNER HAS ITS PRINCIPAL PLACE OF

    BUSINESS IN THIS STATE.

    4. CITY AND STATE OF SUPPLIER'S PRINCIPAL PLACE OF BUSINESS:

    IF NOT TEXAS, DOES THE STATE HAVE PREFERENTIAL TREATMENT ON BIDS? ☐ YES ☐ NO

    IF YES, WHAT PERCENTAGE: ____________%

    5. NUMBER OF YEARS SUPPLIER HAS BEEN IN CONTINUOUS OPERATION:

    6. NUMBER OF YEARS SUPPLIER HAS BEEN IN BUSINESS UNDER ITS PRESENT BUSINESS NAME:

    7. HAS SUPPLIER CONDUCTED BUSINESS WITH THE DISTRICT UNDER ANOTHER NAME? ☐ YES ☐ NO

    IF YES, PROVIDE OTHER NAME(S):

    8. NUMBER OF YEARS DOING BUSINESS WITH HISD: ____________________________________________________

    9. DOES SUPPLIER HAVE A PARENT COMPANY OR SUBSIDIARY THAT CURRENTLY CONDUCTS OR THAT HAS

    PREVIOUSLY CONDUCTED BUSINESS WITH THE DISTRICT? ☐ YES ☐ NO

    IF YES, NAME PARENT COMPANY AND/OR SUBSIDIARY:

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 2 of 24

  • 10. DO YOU HAVE EXPERIENCE WITH OTHER SCHOOL DISTRICTS? ☐ YES ☐ NO

    IF YES, NAMES OF SCHOOL DISTRICTS:

    11. DOES SUPPLIER HAVE ANY OWNERS, PRINCIPAL SHAREHOLDERS OR STOCKHOLDERS, OFFICERS, AGENTS,

    SALESPEOPLE OR KEY EMPLOYEES WHO HAVE BEEN MEMBERS OF THE HISD BOARD OF EDUCATION DURING THE

    LAST 5 YEARS? ☐ YES ☐ NO

    IF YES, NAME(S) AND TITLE(S):

    12. DOES ANY OFFICER, PARTNER, OWNER, SALES REPRESENTATIVE AND/OR SPOUSE WORK FOR HISD? ☐ YES ☐ NO

    IF YES, NAME(S) AND TITLE(S):

    13. DOES SUPPLIER HAVE ANY OWNERS, PRINCIPAL SHAREHOLDERS OR STOCKHOLDERS, OFFICERS, AGENTS,

    SALESPEOPLE OR KEY EMPLOYEES WHO ARE DISTRICT EMPLOYEES OR WHO ARE MEMBERS OF A DISTRICT

    EMPLOYEE’S IMMEDIATE FAMILY WHO EITHER WORK OR WHO MAY POTENTIALLY WORK ON THIS CONTRACT WITH

    THE DISTRICT? ☐ YES ☐ NO

    IF YES, NAME(S) AND TITLE(S):

    14. NAMES OF AUTHORIZED AGENTS, INCLUDING ANY PERSON OR ENTITY AUTHORIZED TO ‘ACT WITH’ OR ‘ACT ON

    YOUR BEHALF,’ SUCH AS CONSULTANTS, SUB-CONTRACTORS, RE-SELLERS, LOBBYISTS, CONFIDANTS, ETC.,

    WHETHER COMPENSATED OR NOT COMPENSATED:

    15. DOES SUPPLIER HAVE RELATIONSHIP(S) WITH ANY POLITICAL ACTION COMMITTEES? ☐ YES ☐ NO

    IF YES, NAME(S) AND PAC(S):

    16. HAS SUPPLIER (INCLUDING ANY OWNER, PRINCIPAL SHAREHOLDER OR STOCKHOLDER, OFFICER, AGENT,

    SALESPERSON, OR EMPLOYEE) BEEN INVOLVED IN PAST, PENDING, OR PRESENT LITIGATION INVOLVING THE

    DISTRICT? ☐ YES ☐ NO

    IF YES, PLEASE PROVIDE THE STYLE AND STATUS OF THE CASE AS WELL AS THE TYPE OF LITIGATION:

    17. FINANCIAL AND BUSINESS REFERENCES, INCLUDING BANK WITH WHICH SUPPLIER CONDUCTS BUSINESS:

    Name of bank with which supplier conducts business: ______________________________________________ ____

    Bank officer: Officer’s phone number:

    Name of other banking/financial institution(s):

    18. NAME OF INSURANCE COMPANIES:

    INSURANCE COMPANIES INSURANCE COMPANIES

    19. HISD ENCOURAGES THE PARTICIPATION OF MINORITY AND WOMEN OWNED BUSINESS. IS SUPPLIER A MINORITY

    AND/OR WOMAN OWNED COMPANY? ☐ YES ☐ NO

    IF YES, WHAT PERCENTAGE OF OWNERSHIP IS MINORITY OR WOMAN OWNED _____________%

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 3 of 24

  • 20. CHECK ONE OF THE FOLLOWING:

    ☐ SUPPLIER WILL PROVIDE GOODS AND SERVICES WITH OWN WORK FORCE

    ☐ SUPPLIER WILL PURCHASE GOODS DIRECTLY FROM THE MANUFACTURER OR OTHER SUPPLIER

    21. HISD CAN ONLY DO BUSINESS WITH EQUAL OPPORTUNITY EMPLOYERS.

    DO YOU ADVERTISE AS AN EQUAL OPPORTUNITY EMPLOYER? ☐ YES ☐ NO

    DO YOU HAVE A WRITTEN NON-DISCRIMINATORY POLICY OF EMPLOYMENT? ☐ YES ☐ NO

    HAS THIS POLICY BEEN CIRCULATED THROUGHOUT YOUR ORGANIZATION? ☐ YES ☐ NO

    PERSON TO CONTACT REGARDING EQUAL OPPORTUNITY INFORMATION ISSUES: NAME: TITLE:

    I ATTEST THAT I HAVE ANSWERED THE QUESTIONS REGARDING SUPPLIER INFORMATION TRUTHFULLY AND TO THE

    BEST OF MY KNOWLEDGE.

    Vendor’s Name

    Printed Name and Title of Authorized Representative

    Email Address

    Signature of Authorized Representative Date

    FORM B: M/WBE INSTRUCTIONS (Part II of Download)

    Please refer to Attachment B – M/WBE Participation Report that is located on the Houston I.S.D.

    Purchasing Department web site.

    FORM C: CERTIFICATE OF INSURANCE (ACORD FORM)

    Please include the Certificate of Insurance (Acord Form) or a Letter from its insurance provider stating that

    proposer can provide the levels of insurance required in this RFP.

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 4 of 24

  • FORM D: REFERENCE SURVEY INSTRUCTIONS

    Proposer must complete and return Form D as part of this RFP.

    The Evaluation Committee considers Proposer’s reputation and quality of Proposer’s goods or services in the

    evaluation of this Proposal. To aid in this process, the District requests that Proposer send the attached Form

    D, Performance Evaluation Survey (Survey) to three (3) valid references.

    Proposer must fill out the top portion of Form D, “Supplier Name” on each Survey. No other portion of the

    Survey may be completed by Proposer. It is Proposer’s sole responsibility to ensure that Surveys are sent to

    Proposer’s desired references. Recipients must return the completed survey to HISD by one of the methods

    outlined on the Survey. The District will not accept a Survey returned by Proposer or a Survey returned

    after the assigned deadline.

    While Proposer may choose its recipients, more weight is given to the following references:

    • Clients who are governmental entities, and school districts; and

    • Clients provided with similar goods and/or services as called for by this RFP;

    Please provide the name and contact information of all references to whom Proposer intends to send the

    Survey.

    (1) ________________________________________ ________________________________________

    Name of Entity or Business Contact Name

    ________________________________________ ________________________________________

    Email Address Mailing Address

    ________________________________________ ________________________________________

    Phone Number Goods and/or services provided

    (2) ________________________________________ ________________________________________

    Name of Entity or Business Contact Name

    ________________________________________ ________________________________________

    Email Address Mailing Address

    ________________________________________ ________________________________________

    Phone Number Goods and/or services provided

    (3) ________________________________________ ________________________________________

    Name of Entity or Business Contact Name

    ________________________________________ ________________________________________

    Email Address Mailing Address

    ________________________________________ ________________________________________

    Phone Number Goods and/or services provided

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 5 of 24

  • FORM E: REFERENCE SURVEY

    (To be completed by third party and emailed directly to Houston ISD Purchasing Services)

    To Whom It May Concern:

    The Houston Independent School District (HISD) has implemented a process to collect Supplier performance

    evaluations. HISD may use the information provided in its assessment of the above Supplier to determine a

    responsive and responsible procurement. The Supplier listed above has chosen to participate in this process

    and listed you as a past or present client for whom it has provided goods and/or services. HISD would greatly

    appreciate your completion of the survey below.

    (I) Please evaluate the performance of the Supplier on a scale of one (1) through ten (10), with 10 being the

    highest. If you do not have sufficient knowledge of Supplier’s past and/or current performance in a

    particular area, please leave it blank.

    TOTAL POINTS (out of 90): ____________

    (II) How long have you done business with the Supplier?

    (III) Please provide a brief description of the goods and/or services provided to you by the Supplier and

    include any additional information you believe might assist HISD in its evaluation (attach additional

    sheets if necessary):

    NO. CRITERIA UNIT SCORE

    1 Ability to Manage Cost (1-10)

    2 Quality of Product(s) and/or Services (1-10)

    3 Quality of Customer Service (1-10)

    4 Quick Response Time (1-10)

    5 Ability to Maintain Confidentiality (1-10)

    6 Close Out Process (invoicing, no unexpected fees) (1-10)

    7 Communication (1-10)

    8 Ability to Follow Rules, Regulations, and Requirements (1-10)

    9 Overall Customer Satisfaction Based on Performance (comfort level

    using company again)

    (1-10)

    Vendor Name (10 pts):

    Thank you for your time and effort, it is greatly appreciated!

    This survey must be received before: 10 a.m. on Monday, March 4, 2019

    Please sign below and return this completed survey directly to Houston I.S.D. via email to:

    Houston I.S.D. Purchasing Services: Allyson Stansberry at [email protected].

    Completed by:

    District / Company Name Printed Name of Evaluator

    Signature of Evaluator Date

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 6 of 24

  • FORM F: GENERAL CERTIFICATION FORMS

    CERTIFICATION OF CODE OF SILENCE

    The Board of Education (Board) has adopted a “Code of Silence” policy (Board Policy CAA (Local)) attached

    by URL link hereto and incorporated by reference.

    The “Code of Silence" prohibits any communication regarding any RFP, bid, or other competitive solicitation

    between:

    • Any person who seeks an award from the District or its affiliated entities (including, but not limited to,

    the HISD Foundation and the HISD Public Facility Corporation), including a potential vendor or

    vendor's representative, and

    • Board members, the Superintendent of Schools, senior staff members, principals, department heads,

    directors, managers, or other District representatives who have influence in the evaluation or selection

    process.

    The “Code of Silence” period shall begin when the RFP is issued and ends upon the execution of the Contract.

    During the “Code of Silence,” campaign contributions, gifts, donations, loans, and any other items of value

    are prohibited between these parties, including candidates who have filed for election to the Board.

    I hereby certify that I have reviewed Board Policy CAA (Local) pertaining to the “Code of Silence,” I and

    agree and understand that non-compliance with the “Code of Silence” policy may result in

    disqualification.

    ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION

    As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all

    bidders must complete and submit with the bid the following: I, the undersigned Vendor, do hereby

    acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or

    more of another business entity is 30 days or more delinquent in paying child support under a court order

    or a written repayment agreement. I understand that under this provision, a sole proprietorship,

    partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a

    corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child

    support under a court order or a written repayment agreement is NOT eligible to bid or receive a state

    contract.

    ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF AUTHORIZATION, PERMITS, AND BUSINESS CERTIFICATES

    REQUIREMENT

    For the duration of the Contract, Vendor must have and maintain current licenses, permits, fees, business

    certificates and similar authorizations required by the City of Houston, Harris Country, and the State of Texas

    to conduct business and provide awarded goods and/or services to the District. Upon the request of the

    District, Vendor shall provide copies of all licenses, business certificates permit and fees as being paid and

    current that are required to do business by the city, county and State for the type of business Vendor provides,

    or seeks to provide, to the District.

    Vendor understands and agrees to abide by the Authorization, Permits, and Business Certificates

    Requirement above. Vendor certifies that it has all current licenses, certificates, similar authorizations

    required by the City of Houston, Harris County, and the State of Texas to conduct business and/or provide

    awarded goods and/or services to the District.

    ________ Initials of Authorized Representative of Vendor

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 7 of 24

    http://www.houstonisd.org/HISDConnectEnglish/Images/PDF/CAA(LOCAL)%20-%20marked%20version.pdf

  • CERTIFICATION OF ANTITRUST CERTIFICATION STATEMENT

    Texas Government Code Section 2155.005

    My initials below affirm under penalty of perjury of the laws of the State of Texas that:

    1. I am duly authorized to execute this Proposal/Contract on my own behalf or on behalf of the company,

    corporation, firm, partnership or individual (Vendor) listed below;

    2. In connection with this proposal, neither I nor any representative of Vendor have violated any

    provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus & Comm. Code Chapter 15;

    3. In connection with this bid, neither I nor any representative of the Vendor have violated any federal

    antitrust law; and

    4. Neither I nor any representative of Vendor have directly or indirectly communicated any of the

    contents of this proposal to a competitor of Vendor or any other company, corporation, firm,

    partnership or individual engaged in the same line of business as Vendor.

    ________ Initials of Authorized Representative of Vendor

    CERTIFICATION REGARDING HAZARD ANALYSIS AND CRITICAL CONTROL POINTS (HACCP)

    All products purchased by HISD must be manufactured in compliance with HACCP regulations.

    Vendor certifies that: all products on this proposal are processed and packaged in a HACCP compliant

    plant. Vendor agrees Vendor further understands that HISD requires processors to maintain records and

    monitoring logs pertaining to HACCP compliance, at a minimum, in the following Key Areas of HACCP

    compliance:

    • Hazard Analysis

    • Critical Control Points established and limits set

    • Planned procedures in place to correct processes

    when deviation may occur

    • Detailed and accurate record keeping

    • Verification procedures

    • Equipment installation and maintenance

    • Master cleaning and sanitation schedule

    • Orientation for all employees

    • Ongoing training on food safety and HACCP

    procedures

    • Separation of food and chemical products

    • Refrigerated dock receiving and loading

    • Master cleaning and sanitation schedule

    • Time/Temperature monitoring

    • Pest Control

    Vendor further understands and agrees that documentation and monitoring logs must be verified by an

    acceptable third-party auditing firm or government agency and provided to HISD upon request. Vendor also

    understands and agrees that if a processor loses inspection/processing rights or has a recall involving product

    sold to HISD, Vendor must notify HISD within 24-48 hours.

    ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF VENDOR (AND IF APPLICABLE, SUBCONTRACTOR)

    NATIONWIDE CRIMINAL BACKGROUND CHECKS

    Pursuant to sections 22.085 and 22.0834 of the Texas Education Code Sections 22.085 and 22.0834 and HISD

    Policy CJA (Legal), Vendor hereby certifies that all of Vendor’s employees, subcontractors and volunteers

    (including those hired before January 1, 2008) who have, or will have, continuing duties related to the

    contracted services, and who have, or will have, direct contact with students, have passed a national criminal

    history background record information review as required by those sections and by HISD Policy CJA (Legal).

    Vendor understands that if an employee subcontractor, or volunteer has a Disqualifying Criminal History,

    the District may elect not to enter into this Contract or may elect to cancel the Contract.

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 8 of 24

  • “Disqualifying Criminal History” means: (1) a conviction or other criminal history information

    designated by HISD; (2) a felony or misdemeanor offense that would prevent a person from being

    employed under Texas Education Code § 22.085(a), that is: if at the time of the offense, the victim was

    under 18 or was enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an

    offense on conviction for which a defendant is required to register as a sex offender under Chapter 62,

    Texas Code of Criminal Procedure; or (c) an offense under federal law or the laws of another state that

    is equivalent to (a) or (b).

    Vendor further certifies that:

    (1) Vendor will immediately remove an employee, subcontractor, or volunteer from contract duties and notify

    HISD in writing within 3 business days if:

    a. Vendor receives information that an employee, subcontractor, or volunteer has a reported criminal

    history, or

    b. HISD objects to the assignment of an employee, subcontractor, or volunteer based on the

    individual(s) criminal history review information (CHRI).

    (2) Upon request, Vendor will provide HISD with the name and any other requested information of an

    employee, subcontractor, or volunteer so that HISD may obtain the CHRI on the individual(s).

    ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF FELONY CONVICTION NOTIFICATION

    Pursuant to section 44.034 of the Texas Education Code, a person or business entity entering into a contract

    and/or agreement with HISD must give advance notice to HISD if the person or an owner or operator of the

    business entity has been convicted of a felony. The disclosure should include a general description of the

    conduction resulting in the conviction of a felony. HISD may terminate a contract with a person of business

    entity if HISD determines that the person or the business entity failed to give notice as required by section

    44.034 or misrepresented the conduct resulting in the conviction. In such a case, HISD will 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 ---

    Please check the following as applicable:

    ☐ Vendor is a publicly held corporation; therefore, the above reporting requirement does not apply.

    ☐ Vendor is not owned nor operated by anyone who has been convicted of a felony.

    ☐ Vendor is operated or owned by the following individual(s) who has/have been convicted of a felony:

    Name of Individual(s): _________________________________________________________________

    Detail of conviction(s), attach additional pages if necessary: _____________________________________________

    ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF INSURANCE REQUIREMENT

    I, the undersigned Vendor, do hereby certify that I shall maintain all insurance policies required by and in

    accordance with Section 5.27 of this RFP. I further understand and agree that I must make the certificates of

    insurance and insurance policies available to HISD upon request.

    ________ Initials of Authorized Representative of Vendor

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 9 of 24

  • CERTIFICATION OF NON-COLLUSION STATEMENT

    I, the undersigned Vendor, do hereby certify that:

    a) All statements of fact in such proposal are true.

    b) Such Proposal was not made in the interest of or on behalf of any undisclosed person, partnership,

    company, association, organization or corporation.

    c) Such Proposal is genuine and not collusive or sham.

    d) Vendor has not, directly or indirectly by agreement, communication or conference with anyone, attempted

    to induce action prejudicial to the interest of the District or of any other bidder or anyone else interested

    in the proposed procurement.

    e) Vendor did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder

    or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding

    or withdraw his bid or proposal.

    f) Vendor did not, in any manner, directly or indirectly seek by agreement, communication or conference

    with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any

    overhead, profit or cost element of his bid or proposal price, or that of anyone else.

    g) Vendor did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the

    contents thereof, or divulge information on data relative thereto, to any corporation, partnership,

    company, association, organization, bid depository, or to any member or agent thereof, or to any

    individual or group of individuals, except to the District, or to any person or persons who have a

    partnership or other financial interest with said Proposer in his business.

    h) Vendor did not provide, directly or indirectly to any officer or employee of the District any gratuity,

    entertainment, meals, or anything of value, whatsoever, which could be construed as intending to invoke

    any form of reciprocation or favorable treatment.

    i) No officer or principal of the undersigned Vendor is related to any officer or employee of the District by

    blood or marriage within the third degree or is employed, either full or part time, by the District either

    currently or within the last two (2) years.

    j) No officer or principal of the undersigned Vendor nor any subcontractor to be engaged by the principal

    has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion,

    conspiracy or any other act in violation of any state or federal anti-trust law in connection with the bidding,

    award of, or performance of any public work contract and/or agreement with any public entity.

    k) I have answered the questions regarding non-collusion truthfully and to the best of my knowledge.

    ________ Initials of Authorized Representative of Vendor

    RE: FORM G: EDGAR CERTIFICATIONS

    Vendor’s Name

    Printed Name and Title of Authorized Representative

    Email Address

    Signature of Authorized Representative Date

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 10 of 24

  • BUY AMERICAN CERTIFICATION

    As required by the Buy American provision, all products must be of domestic origin as required by 7 CFR Part

    210.21(d). The District participates in the National School Lunch Program and School Breakfast Program and

    is required to use the nonprofit food service funds, to the maximum extent practical, to buy domestic

    commodities or products for Program meals. A “domestic commodity or product” is defined as one that is

    either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are

    produced in the U.S. as provided in 7 CFR Part 210.21(d). “Substantially” means that over 51 percent of the

    final processed product consists of agricultural commodities that were grown domestically.

    Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception

    may be approved upon request. To be considered for the alternative or exception, the request must be

    submitted in writing to a designated HISD official, a minimum of 5 day(s) in advance of delivery. The request

    must include the:

    a) Alternative substitute(s) that are domestic and meet the required specifications:

    i. Price of the domestic food alternative substitute(s); and

    ii. Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

    b) Reason for exception: limited/lack of availability or price (include price):

    i. Price of the domestic food product; and

    ii. Price of the non-domestic product that meets the required specification of the domestic product.

    If requested by HISD, Vendor agrees to provide certification of the domestic content in the parts, components,

    and other elements contained in the product, including specific information about the percentage of U.S.

    content from the supplier (i.e., manufacturer or distributor). In the event Vendor or Vendor’s supplier(s) are

    unable or unwilling to make such certification, HISD may decide not to purchase from Vendor. HISD may also

    require country of origin on all products and invoices submitted for payment by Vendor, and Vendor agrees

    to comply with any such requirement.

    Vendor certifies that:

    a) in compliance with the Buy American provision, its products are domestic commodities or products as

    defined by 7 CFR Part 210.21(d); and

    b) it shall submit any request for an exception from the Buy American Provision in good faith and with the

    reasonable belief that: (a) the product is not produced or manufactured in the U.S. in sufficient and

    reasonable available quantities of a satisfactory quality; and/or (b) the costs of a U.S. product are

    significantly higher than the non-domestic product.

    ________ Initials of Authorized Representative of Vendor VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES,

    REGULATIONS, AND ORDINANCES. IT IS FURTHER ACKNOWLEDGED THAT VENDOR CERTIFIES

    COMPLIANCE WITH ALL PROVISIONS, LAWS, ACTS, REGULATIONS, ETC. AS SPECIFICALLY NOTED ABOVE.

    Vendor’s Name

    Printed Name and Title of Authorized Representative

    Email Address

    Signature of Authorized Representative Date

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 11 of 24

  • FORM G: EDGAR CERTIFICATIONS

    The following certifications and provisions are required and apply when HISD expends federal funds for any

    contract resulting from this procurement process. Accordingly, the parties agree that the following terms

    and conditions apply to the Contract between the District and _______________________________

    (“Vendor”) in all situations where Vendor has been paid or will be paid with federal funds:

    REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL

    AWARDS - APPENDIX II TO 2 CFR PART 200

    (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the

    inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense

    Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,

    contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide

    for such sanctions and penalties as appropriate.

    Pursuant to Federal Rule (A) above, when HISD expends federal funds, HISD reserves all rights and

    privileges under the applicable laws and regulations with respect to this procurement in the event of

    breach of contract by either party.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    (B) Termination for cause and for convenience by the grantee or sub-grantee including how it will be

    affected and the basis for settlement. (All contracts in excess of $10,000)

    Pursuant to Federal Rule (B) above, when HISD expends federal funds, HISD reserves the right to

    immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the

    event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules,

    deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or

    a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract

    and/or the procurement solicitation. HISD also reserves the right to terminate the contract immediately,

    with written notice to vendor, for convenience, if HISD believes, in its sole discretion that it is in the best

    interest of HISD to do so. Vendor will be compensated for work performed and accepted and goods

    accepted by HISD as of the termination date if the contract is terminated for convenience of HISD. Any

    award under this procurement process is not exclusive and HISD reserves the right to purchase goods

    and services from other vendors when it is in HISD’s best interest.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that

    meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal

    opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal

    Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by

    Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,”

    and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal

    Employment Opportunity, Department of Labor.”

    Pursuant to Federal Rule (C) above, when HISD expends federal funds on any federally assisted

    construction contract, the equal opportunity clause is incorporated by reference herein.

    Does Vendor agree to abide by the above? YES ________ Initials of Authorized Representative of Vendor

    (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all

    prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision

    for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by

    Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts

    RFP #19-02-04 Chemical Dispensers & Related Items

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  • Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must

    be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in

    a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay

    wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage

    determination issued by the Department of Labor in each solicitation. The decision to award a contract or

    subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity

    must report all suspected or reported violations to the Federal awarding agency. The contracts must also

    include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as

    supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on

    Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

    The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means,

    any person employed in the construction, completion, or repair of public work, to give up any part of the

    compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or

    reported violations to the Federal awarding agency.

    Pursuant to Federal Rule (D) above, when HISD expends federal funds during the term of an award for

    all contracts and sub-grants for construction or repair, Vendor will be in compliance with all applicable

    Davis-Bacon Act provisions.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts

    awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or

    laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by

    Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be

    required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours.

    Work in excess of the standard work week is permissible provided that the worker is compensated at a rate

    of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the

    work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no

    laborer or mechanic must be required to work in surroundings or under working conditions which are

    unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or

    materials or articles ordinarily available on the open market, or contracts for transportation or transmission

    of intelligence.

    Pursuant to Federal Rule (E) above, when HISD expends federal funds, Vendor certifies that Vendor will

    be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act

    during the term of an award for all contracts by HISD resulting from this procurement process.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of

    “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a

    contract with a small business firm or nonprofit organization regarding the substitution of parties,

    assignment or performance of experimental, developmental, or research work under that “funding

    agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights

    to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,

    Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

    Pursuant to Federal Rule (F) above, when federal funds are expended by HISD, Vendor certifies that

    during the term of an award for all contracts by HISD resulting from this procurement process, Vendor

    agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

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  • (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),

    as amended—Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that

    requires the non-Federal award to agree to comply with all applicable standards, orders or regulations

    issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as

    amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the

    Regional Office of the Environmental Protection Agency (EPA).

    Pursuant to Federal Rule (G) above, when federal funds are expended by HISD, Vendor certifies that

    during the term of an award for all contracts by HISD resulting from this procurement process, Vendor

    agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220)

    must not be made to parties listed on the government wide exclusions in the System for Award Management

    (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR

    part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM

    Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well

    as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

    Pursuant to Federal Rule (H) above, when federal funds are expended by HISD, Vendor certifies that

    during the term of an award for all contracts by HISD resulting from this procurement process, Vendor

    certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment,

    declared ineligible, or voluntarily excluded from participation by any federal department or agency.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding

    $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not

    used Federal appropriated funds to pay any person or organization for influencing or attempting to

    influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or

    an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other

    award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that

    takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier

    up to the non-Federal award.

    Pursuant to Federal Rule (I) above, when federal funds are expended by HISD, Vendor certifies that

    during the term and after the awarded term of an award for all contracts by HISD resulting from this

    procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd

    Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

    (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any

    person for influencing or attempting to influence an officer or employee of any agency, a Member of

    Congress, an officer or employee of congress, or an employee of a Member of Congress in connection

    with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan,

    the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or

    modification of a Federal contract, grant, loan, or cooperative agreement.

    (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for

    influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an

    officer or employee of congress, or an employee of a Member of Congress in connection with this

    Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-

    LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

    (3) The undersigned shall require that the language of this certification be included in the award

    documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and

    that all sub-recipients shall certify and disclose accordingly.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

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  • RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS

    When federal funds are expended by HISD for any contract resulting from this procurement process, Vendor

    certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. Vendor further

    certifies that it will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or

    sub-grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all

    other pending matters are closed.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT

    When HISD expends federal funds for any contract resulting from this procurement process, Vendor certifies

    that it will comply with the mandatory standards and policies relating to energy efficiency which are contained

    in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42

    U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF EQUAL EMPLOYMENT STATEMENT

    It is the policy of HISD not to discriminate on the basis of race, color, national origin, gender, limited English

    proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any

    employee or applicant for employment to be employed in the performance of this Contract, with respect to

    hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to

    employment, because of age (except where based on a bona fide occupational qualification), sex (except where

    based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor

    further agrees that every subcontract entered into for the performance of this Contract shall contain a provision

    requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this

    covenant may be regarded as a material breach of the Contract.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336

    Vendor agrees that the District’s Inspector General or any of their duly authorized representatives shall have

    access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge

    of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and

    transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of

    interview and discussion relating to such documents.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    CERTIFICATION OF APPLICABILITY TO SUBCONTRACTRS

    Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and

    conditions.

    Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

    RFP #19-02-04 Chemical Dispensers & Related Items

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  • VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS,

    RULES, REGULATIONS, AND ORDINANCES. IT IS FURTHER ACKNOWLEDGED THAT VENDOR

    CERTIFIES COMPLIANCE WITH ALL PROVISIONS, LAWS, ACTS, REGULATIONS, ETC. AS

    SPECIFICALLY NOTED ABOVE.

    RE: FORM G: EDGAR CERTIFICATIONS

    Vendor’s Name

    Printed Name and Title of Authorized Representative

    Email Address

    Signature of Authorized Representative Date

    RFP #19-02-04 Chemical Dispensers & Related Items

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  • FORM H: EXCEPTION FORM

    All deviations and exceptions to the RFP must be expressly stated in this Exception Form (additional pages

    to this form may be added if necessary). In the absence of any entry on this Exception Form, Supplier assures

    HISD of its full agreement and compliance with all specifications, terms and conditions, requirements and

    obligations of the RFP. All exceptions must detail the section number, paragraph number, page number, and

    the specific language excepted.

    YOU MUST SIGN AND SUBMIT THIS FORM WITH YOUR PROPOSAL REGARDLESS OF WHETHER

    THERE ARE EXCEPTIONS LISTED OR NOT.

    Vendor’s Name

    Printed Name and Title of Authorized Representative

    Email Address

    Signature of Authorized Representative Date

    RFP #19-02-04 Chemical Dispensers & Related Items

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  • FORM I: CONFLICT OF INTEREST CERTIFICATION, INSTRUCTIONS, AND QUESTIONNAIRE (CIQ)

    I. CONFLICT OF INTEREST CERTIFICATION

    The Board of Education (Board) has adopted a “Conflict of Interest Disclosures” policy (Board Policy BBFA (Local)) attached

    by URL link hereto and incorporated by reference.

    HISD is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local

    Government Officers as well as the conflict of interest standards set forth in EDGAR, 2 C.F.R. § 200.318 when HISD expends

    federal funds. No employee, officer, or agent may participate in the selection, award, or administration of a contract if he or

    she has a real or apparent conflict of interest. HISD local government officers must disclose conflicts of interest by completing

    Form CIS, Local Government Officer Conflicts Disclosure Statement.

    I hereby certify that I have read Board Policy BBFA (Local) pertaining to “Conflict of Interest Disclosures,” and I agree and

    understand that the failure of a Board member to disclose a conflict of interest may result in the debarment of a Supplier

    for 24 months.

    ________ Initials of Authorized Representative of Supplier

    II. CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) INSTRUCTIONS

    HISD is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local

    Government Officers. H.B. 23 significantly changed the laws relating to Conflict of Interest Disclosures as well as the

    corresponding forms and required disclosures. As of September 1, 2015, Supplier must sign and complete the new Conflict of

    Interest Questionnaire (CIQ) and submit the CIQ with its proposal.

    In accordance with Chapter 176 of the Texas Local Government Code, any Supplier who does business with HISD or who

    seeks to do business with HISD must fill out the new Conflict of Interest Questionnaire (CIQ) whether or not a conflict of

    interest exists. A conflict of interest exists in the following situations:

    1) If the Supplier has an employment or other business relationship with a local government officer of HISD or a family

    member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or

    2) If the Supplier given a local government officer of HISD, or a family member of the officer, one or more gifts with the

    aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (a) a

    political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a guest; or

    3) If the Supplier a family relationship with a local government officer of HISD. “Supplier” means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a

    Supplier. The term includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a

    contract. The term does not include a state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7).

    “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. Texas Local Government Code 176.001(3).

    “Local government officer” means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent,

    administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local

    governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a Supplier. Texas Local

    Government Code 176.001(4).

    “Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second

    degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).

    SUPPLIER MUST SIGN AND SUBMIT FORM CIQ EVEN IF NO CONFLICT EXISTS.

    If no conflict exists, Supplier must fill out Box 1 and write N/A in Box 3.

    I hereby certify that I have read Form I, Conflict of Interest Questionnaire (CIQ) Instructions, and I agree and understand

    that the failure to disclose a conflict of interest and/or the failure to sign and submit Form CIQ, even if no conflict exists,

    with this proposal may result in disqualification.

    Name of Authorized Representative

    Signature of Authorized Representative Date

    RFP #19-02-04 Chemical Dispensers & Related Items

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    http://www.houstonisd.org/HISDConnectEnglish/Images/PDF/BBFA_Local.pdf

  • Signature of vendor doing business with the governmental entity Date

    CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

    For vendor doing business with local governmental entity

    Name of Officer

    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 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

    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 vendor who has a business relationship with local governmental entity.

    Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

    A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,

    other than investment income, from the vendor?

    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.

    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?

    Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

    Yes

    Yes No

    No

    OFFICE USE ONLY

    Date Received

    6

    1

    4

    3

    2

    5

    7

    Name of local government officer about whom the information is being disclosed.

    RFP #19-02-04 Chemical Dispensers & Related Items

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  • Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015

    FORM J: HISD CERTIFICATE OF INTERESTED PARTIES – FORM 1295

    Certificate of Interested Parties (Form 1295 – must be filled out electronically with the Texas Ethics Commission’s online

    filing application, printed, sign (unsworn declaration), and attached to Supplier’s response to this solicitation.

    Houston ISD (“HISD”) is required to comply with House Bill 1295, which amended the Texas Government Code by adding

    Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits HISD from entering into a contract resulting from

    this RFP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to HISD at the

    time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business

    entity to file Form 1295 electronically with the Texas Ethics Commission.

    “Interested Party” means a person:

    a) who has a controlling interest in a business entity with whom HISD contracts; or

    b) who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker,

    intermediary, adviser, or attorney for the business entity.

    “Business Entity” means an entity recognized by law through which business is conducted, including a sole proprietorship,

    partnership, or corporation.

    As a “business entity,” all Supplier s must electronically complete, print, sign, and submit Form 1295 with their proposals

    even if no “interested parties” exist.

    Proposers must file Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can

    be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Proposers must use the filing application on the

    Texas Ethics Commission’s website to enter the required information on Form 1295. Proposers must print a copy of the

    completed form, which will include a certification of filing containing a unique certification number. The Form 1295 must be

    signed by an authorized agent of the business entity, and the form must be notarized.

    The completed Form 1295 with the certification of filing must be filed with HISD by attaching the completed form to the

    Supplier’s solicitation response.

    HISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed

    Form 1295 no later than the 30th day after the date the contract binds all parties to the contract. After HISD acknowledges the

    Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website with seven business days after

    receiving notice from HISD. The acknowledgement of your 1295 form does not guarantee that you will be selected as an

    approved Supplier. An evaluation committee will select the Supplier (s) for the project and the Board of Education will

    approve it during the next available board meeting. An award or regret letter will be sent once the selection and approval

    process is complete. In the event that your proposal is not selected, we will request you to withdraw your 1295 form from the

    Texas Ethics Commission website.

    FORM K: IRS FORM W-9 (Rev Oct. 2018)

    Please include an IRS Form W-9, only the newest form (Revised October 2018) will be accepted. For more instructions or to download the form please visit: HTTPS://WWW.IRS.GOV/PUB/IRS-PDF/FW9.PDF

    RFP #19-02-04 Chemical Dispensers & Related Items

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    http://www.ethics.state.tx.us/https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htmhttps://www.irs.gov/pub/irs-pdf/fw9.pdf

  • FORM L: CRIMINAL HISTORY BACKGROUND CHECK CERTIFICATION

    TO: Office of Ethics and Compliance

    Houston Independent School District

    Vendors - Check ONE of the two options below:

    NO direct contact with students - sign belowAs required by the Houston Independent School District contract, I hereby certify that NO employee and/or

    subcontractor will have direct contact with any student at HISD as defined under 19 Texas Administrative Code

    153.1101. SKIP ‘Section II’ and complete ‘Section III’ below.

    WITH direct contact with students - enter emplyee names, then sign belowAs required by the Houston Independent School District contract, I hereby certify that the list of employees and/or

    subcontractors below MAY/WILL have direct contact with students at HISD as defined under 19 Texas

    Administrative Code 153.1101. COMPLETE ‘Section II’ and ‘Section III’ below.

    Texas Administrative Code 153.1101. (7) Direct contact with students--The contact that results from activities that

    provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified

    educator or other professional district employee. Contact with students that results from services that do not provide

    substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly,

    officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However,

    direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact

    with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students.

    Name* Date of Birth

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    *Attach additional pages as necessary

    Vendor Name Name & Title of Authorized Representative

    Signature of Authorized Representative Date Taxpayer Identification Number

    FOR INTERNAL USE ONLY

    NO STUDENT CONTACT DIRECT STUDENT CONTACT

    Name of person receiving document Date Received by OEC

    Signature of person receiving document

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  • FORM M: CERTIFICATION REGARDING FEDERAL LOBBYING

    Texas Department of Form H2049

    Agriculture July 2017

    CERTIFICATION REGARDING FEDERAL LOBBYING

    (Certification for Contracts, Grants, Loans, and Cooperative Agreements)

    Federal legislation generally prohibits entities from using federally appropriated funds to lobby the executive or

    legislative branches of the Federal government. Lobbying with respect to certain grants, contracts, cooperative

    agreements, and loans is governed by relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as

    well as common rule, “New Restrictions on Lobbying” published at 55 Federal Register (FR) 6736 (February 26, 1990),

    including definitions, and the Office of Management and Budget “Government wide Guidance on New Restrictions

    on Lobbying” and notices published at 54 FR 52306 (December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772

    (January 15, 1992), and 61 FR 1412 (January 19, 1996).

    Contracting entities or sponsored sites that contract for goods or services using Federal funds must obtain this

    certification for any award exceeding $100,000 and if necessary must obtain the Standard Form-LLL, “Disclosure Form

    to Report Lobbying.”

    CERTIFICATION:

    The undersigned certifies, to the best of his or her knowledge and belief, that:

    1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any

    person for influencing or attempting to influence an officer or employee of an agency, a Member of

    Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with

    the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the

    entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or

    modification of any Federal contract, grant, loan, or cooperative agreement.

    2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for

    influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an

    officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal

    contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-

    LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

    3) The undersigned shall require that the language of this certification be included in the award documents for

    all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and

    cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

    This certification is a material representation of fact upon which reliance was placed when this transaction was

    made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction

    imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to

    a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

    Name of Organization submitting certification

    Name of Organization Representative Title

    Signature of Organization Representative Date

    RFP #19-11-25 Law Enforcement Services - Part III

    Page 22 of 24

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 22 of 24

  • FORM N: COMPLIANCE WITH BUY AMERICAN PROVISION

    COMPLIANCE WITH BUY AMERICAN PROVISION

    The Houston Independent School District (“HISD” or the “District”) participates in the National School Lunch

    Program and School Breakfast Program and is required under the Buy American provision (7 C.F.R. § 210.21(d)) to

    use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products. 7

    C.F.R. § 210.21(d)) defines a “domestic commodity or product” as one that is either produced in the U.S. or is processed

    in the U.S. substantially using agricultural commodities that are produced in the U.S. “Substantially” means that over

    51 percent of the final processed product consists of agricultural commodities that were grown domestically.

    Vendor certifies that, in compliance with the Buy American provision, all products listed as 51% or more U.S.

    Domestic submitted for award with this contract are domestic commodities or products as defined by 7 C.F.R.

    § 210.21(d).

    YES ________ Initials of Authorized Representative of Vendor

    If “NO”, complete the bottom portion of this document for EACH item not in compliance.

    REQUEST FOR EXCEPTION FROM THE BUY AMERICAN PROVISION

    Exceptions to the Buy American provision are utilized by HISD as a last resort; however, an exception may be

    approved upon request. If Vendor did not certify compliance with the Buy American provision above, it may request

    an exception by checking one or both of the following grounds for an exception:

    The product is not produced or manufactured in the U.S. in sufficient and reasonable available

    quantities of a satisfactory quality. Product country of origin: _________________________________

    The costs of a U.S. product are significantly higher than the non-domestic product.

    Vendor certifies that it submits this request for an exception from the Buy American provision in good faith and

    with the reasonable belief that: (a) the product is not produced or manufactured in the U.S. in sufficient and

    reasonable available quantities of a satisfactory quality; and/or (b) the costs of a U.S. product are significantly

    higher than the non-domestic product.

    YES ________ Initials of Authorized Representative of Vendor

    Vendor further agrees that, if HISD determines that it does not qualify for one of the exceptions to the Buy

    American provision listed above, Vendor is ineligible for this Contract.

    YES ________ Initials of Authorized Representative of Vendor

    For Houston ISD Use Only

    Purchasing Manager: Date: Approve

    Signature: Reject

    Bidder Name:

    Line Item #:

    Mfg. Item #

    Pack Size:

    Mfg. Item Name/Description:

    Authorized Vendor Representative Name: Authorized Vendor Representative Signature:

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 23 of 24

  • FORM O: ACKNOWLEDGEMENT FORM

    RFP Due Date / Bid Opening: 10 a.m. on Monday, March 4, 2019

    THIS ACKNOWLEDGEMENT FORM MUST BE SIGNED AND RETURNED WITH YOUR PROPOSAL

    RESPONSE TO ACKNOWLEDGE AND AFFIRM AGREEMENT TO ALL OF THE STATEMENTS AND TERMS

    & CONDITIONS CONTAINED IN THIS REQUEST FOR PROPOSAL/QUALIFICATION. THE AUTHORIZED

    SUPPLIER REPRESENTATIVE MANUALLY SIGNING THIS ACKNOWLEDGEMENT FORM WARRANTS

    THAT THEY ARE IN RECEIPT OF THE FULL REQUEST FOR PROPOSAL AND ARE DULY AUTHORIZED TO

    COMMIT ON BEHALF OF THEIR COMPANY TO CONTRACTUAL OBLIGATIONS AND PRICING.

    I hereby acknowledge that I have received and read the following parts of the proposal in its entirety:

    Documents Initials

    Part I: Request for Proposals

    Part II: M/WBE Instructions & Participation Report

    Part III: Attachments

    Part IV: Bid Tabulation (Excel Format Only)

    Part V: Nutrition Packet - NOT APPLICABLE

    VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES,

    REGULATIONS, AND ORDINANCES. IT IS FURTHER ACKNOWLEDGED THAT VENDOR CERTIFIES

    COMPLIANCE WITH ALL PROVISIONS, LAWS, ACTS, REGULATIONS, ETC. AS SPECIFICALLY NOTED

    ABOVE.

    Vendor’s Name:

    Address, City, State, and Zip Code:

    Phone Number: Fax Number:

    Printed Name and Title of Authorized Representative:

    Email Address:

    Signature of Authorized Representative: Date:

    RFP #19-02-04 Chemical Dispensers & Related Items

    Page 24 of 24

    FORM A Supplier Information: OffFORM B MWBE Instructions and Participation Report Part II of Download: OffFORM C Certificate of Insurance Acord Form: OffFORM D Reference Survey Instructions: OffFORM E Reference Survey: OffFORM F General Certifications: OffFORM G EDGAR Certifications: OffFORM H Exceptions: OffFORM I Conflict of Interest Instructions and Questionnaire Certification Instructions CIQ: OffFORM J Instructions for Completion of Disclosure of Interested Persons Certification HB 1295: OffFORM K IRS Form W9 Must submit new form revised November 2017: OffFORM L Criminal History Background Check Certification: OffFORM M Certification Regarding Federal Lobbying TDA Form H2049: OffFORM N Compliance with Buy American Provision: OffFORM O Acknowledgement Form: OffFORM P Master Service Agreement OR Nutrition Packet Part V of Download: OffTYPE OF BUSINESSDESCRIPTION OF PRODUCTS ANDOR SERVICES PROVIDED: PUBLICLY TRADED CORPORATION: OffLIMITED PARTNERSHIP: OffSOLE PROPRIETORSHIP: OffPRIVATE CORPORATION: OffPARTNERSHIP: OffNOT FOR PROFIT ENTITY: OffNUMBER OF PART TIME EMPLOYEES: undefined: IS SUPPLIER IS A RESIDENT BIDDER: OffIF NOT TEXAS DOES THE STATE HAVE PREFERENTIAL TREATMENT ON BIDS: undefined_2: OffHAS SUPPLIER CONDUCTED BUSINESS WITH THE DISTRICT UNDER ANOTHER NAME: OffPREVIOUSLY CONDUCTED BUSINESS WITH THE DISTRICT: Off10 DO YOU HAVE EXPERIENCE WITH OTHER SCHOOL DISTRICTS: OffLAST 5 YEARS: Off12 DOES ANY OFFICER PARTNER OWNER SALES REPRESENTATIVE ANDOR SPOUSE WORK FOR HISD: OffTHE DISTRICT: OffWHETHER COMPENSATED OR NOT COMPENSATED 1: WHETHER COMPENSATED OR NOT COMPENSATED 2: WHETHER COMPENSATED OR NOT COMPENSATED 3: undefined_3: OffDISTRICT: OffIF YES PLEASE PROVIDE THE STYLE AND STATUS OF THE CASE AS WELL AS THE TYPE OF LITIGATION: INSURANCE COMPANIESRow1: INSURANCE COMPANIESRow1_2: INSURANCE COMPANIESRow2: INSURANCE COMPANIESRow2_2: INSURANCE COMPANIESRow3: INSURANCE COMPANIESRow3_2: INSURANCE COMPANIESRow4: INSURANCE COMPANIESRow4_2: ANDOR WOMAN OWNED COMPANY: Offundefined_4: SUPPLIER WILL PROVIDE GOODS AND SERVICES WITH OWN WORK FORCE: OffSUPPLIER WILL PURCHASE GOODS DIRECTLY FROM THE MANUFACTURER OR OTHER SUPPLIER: OffDO YOU HAVE A WRITTEN NONDISCRIMINATORY POLICY OF EMPLOYMENT: Offundefined_5: Offfill_1: Printed Name and Title of Authorized Representative: Email Address: Date: Name of Entity or Business: Email Address_2: Phone Number: Name of Entity or Business_2: Email Address_3: Phone Number_2: Name of Entity or Business_3: Email Address_4: Phone Number_3: Contact Name: Mailing Address: Goods andor services provided: Contact Name_2: Mailing Address_2: Goods andor services provided_2: Contact Name_3: Mailing Address_3: Goods andor services provided_3: SCORE110: SCORE110_2: SCORE110_3: SCORE110_4: SCORE110_5: SCORE110_6: SCORE110_7: SCORE110_8: SCORE110_9: TOTAL POINTS out of 90: District Company Name: Printed Name of Evaluator: Date_2: Initials of Authorized Representative of Vendor: Initials of Authorized Representative of Vendor_2: Initials of Authorized Representative of Vendor_3: Initials of Authorized Representative of Vendor_4: Initials of Authorized Representative of Vendor_5: employee subcontractor or volunteer so that HISD may obtain the CHRI on the individuals: Vendor is a publicly held corporation therefore the above reporting requirement does not apply: OffVendor is not owned nor operated by anyone who has been convicted of a felony: OffVendor is operated or owned by the following individuals who hashave been convicted of a felony: OffName of Individuals: undefined_6: Detail of convictions attach additional pages if necessary: insurance and insurance policies available to HISD upon request: Initials of Authorized Representative of Vendor_8: fill_3: Printed Name and Title of Authorized Representative_2: Email Address_5: Date_3: VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL STATE AND LOCAL LAWS RULES: fill_3_2: Printed Name and Title of Authorized Representative_3: Email Address_6: Date_4: and conditions apply to the Contract between the District and: Does Vendor agree YES: YES_15: YES_16: Does Vendor agree YES_2: Does Vendor agree YES_3: Does Vendor agree YES_4: Does Vendor agree YES_5: Does Vendor agree YES_6: Does Vendor agree YES_7: Does Vendor agree YES_8: Does Vendor agree YES_9: Does Vendor agree YES_10: Does Vendor agree YES_11: Does Vendor agree YES_12: fill_1_2: Printed Name and Title of Authorized Representative_4: Email Address_7: Date_5: THERE ARE EXCEPTIONS LISTED OR NOT 1: THERE ARE EXCEPTIONS LISTED OR NOT 2: THERE ARE EXCEPTIONS LISTED OR NOT 3: THERE ARE EXCEPTIONS LISTED OR NOT 4: THERE ARE EXCEPTIONS LISTED OR NOT 5: THERE ARE EXCEPTIONS LISTED OR NOT 6: THERE ARE EXCEPTIONS LISTED OR NOT 7: THERE ARE EXCEPTIONS LISTED OR NOT 8: THERE ARE EXCEPTIONS LISTED OR NOT 9: THERE ARE EXCEPTIONS LISTED OR NOT 10: THERE ARE EXCEPTIONS LISTED OR NOT 11: THERE ARE EXCEPTIONS LISTED OR NOT 12: THERE ARE EXCEPTIONS LISTED OR NOT 13: THERE ARE EXCEPTIONS LISTED OR NOT 14: THERE ARE EXCEPTIONS LISTED OR NOT 15: THERE ARE EXCEPTIONS LISTED OR NOT 16: THERE ARE EXCEPTIONS LISTED OR NOT 17: THERE ARE EXCEPTIONS LISTED OR NOT 18: THERE ARE EXCEPTIONS LISTED OR NOT 19: THERE ARE EXCEPTIONS LISTED OR NOT 20: fill_21: Printed Name and Title of Authorized Representative_5: Email Address_8: Date_6: CONFLICT OF INTEREST QUESTIONNAIRE CIQ INSTRUCTIONS: Name of Authorized Representative: Date_7: Name of local government officer about whom the information is being disclosed: Date_8: NO direct contact with students: OffWITH direct contact with students: OffName1: Date of Birth1: Name2: Date of Birth2: Name3: Date of Birth3: Name4: Date of Birth4: Name5: Date of Birth5: Name6: Date of Birth6: Name7: Date of Birth7: Name8: Date of Birth8: Name9: Date of Birth9: Name10: Date of Birth10: Name11: Date of Birth11: Name12: Date of Birth12: Vendor Name: Name Title of Authorized Representative: Date_9: Taxpayer Identification Number: NO STUDENT CONTACT: OffDIRECT STUDENT CONTACT: OffName of person receiving document: Date Received by OEC: Name of Organization submitting certification: Name of Organization Representative: Title: Date_10: YES_17: quantities of a satisfactory quality Product country of origin: YES_18: YES_19: Bidder Name: Line Item: Mfg Item: Pack Size: Mfg Item NameDescription: Authorized Vendor Representative Name: Purchasing Manager: Signature: Date_11: InitialsPart I Request for Proposals: InitialsPart II MWBE Instructions Participation Report: InitialsPart III Attachments: InitialsPart IV Bid Tabulation Excel Format Only: InitialsPart V Master Service Agreement OR Nutrition Packet: fill_1_3: Address City State and Zip Code: Phone Number_4: Fax Number: Printed Name and Title of Authorized Representative_6: Email Address_9: Date_12: Text1: Text2: Text3: Text4: Text5: Text6: Text7: Text8: Text9: Text10: Text11: Text12: Text13: Text14: Text15: Text16: Text17: Text18: Text19: Text20: Text21: Text22: Text23: Text24: Text25: Text26: Text27: Text28: Text29: Text30: Text31: Text32: Text33: Text34: Check Box35: OffCheck Box36: OffCheck Box37: OffCheck Box38: OffCheck Box39: OffText40: Check Box41: OffCheck Box42: OffCheck Box43: OffCheck Box44: OffCheck Box45: Off


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