Killeen ISD Wide Area Network RFP 1 REQUEST FOR PROPOSAL 2017 Wide Area Network RFP Killeen Independent School District John H. Hocking Network Infrastructure Manager Killeen Independent School District 104 East Beeline Lane Harker Heights, TX 76548
Transcript
Killeen ISD Wide Area Network RFP 1
REQUEST FOR PROPOSAL
2017 Wide Area Network RFP Killeen Independent School District
John H. Hocking
Network Infrastructure Manager Killeen Independent School District 104 East Beeline Lane Harker Heights, TX 76548
Killeen ISD Wide Area Network RFP 2
KILLEEN ISDREQUEST FOR PROPOSAL # 17‐18‐02‐281 E‐RATE 2017‐18 C1 WIDE AREA NETWORK
Killeen Independent School District, Killeen, Texas (KISD) is seeking proposals for E‐RATE 2017‐18 C1 WIDE AREA
NETWORK goods and services in accordance with specifications set forth in the following Request for Proposal
(“RFP”).
Proposals will be submitted through KISD’s electronic bidding system (“System”) prior to 11:00 A.M. (CST) on
Tuesday, February 28, 2017. After such time, the System “locks” and does not allow the submission of any
Additional information regarding KISD and ERATE: http://erate2016.killeenisd.org/
E‐rate: FCC Form 470 # 170058057
This proposal will not be opened publicly. If you require assistance either with the online registration process or
technical assistance with the System, please contact Purchasing Services at 254‐336‐0104.
IMPORTANT:
Respondents are highly encouraged to submit their electronic responses with plenty of time in advance (Minimum 4 hours early) of the submission deadline indicated to ensure a timely response.
The District will not be responsible for any lateness of receipt due to any circumstances out of the District’s direct control, including but not limited to, improper planning by vendors to submit
a response by the submission deadline, technical difficulties, Internet connectivity issues, etc.
The District’s sole point of contact for questions regarding this solicitation is listed below. Unless otherwise
indicated, any communication regarding this solicitation, including requests for clarification, must be directed
via e‐mail only to:
Wayne Barnard Purchasing Specialist Killeen Independent School District Portable #2 2301 Atkinson Avenue Killeen, Texas 76543 [email protected] 254‐336‐0093
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MILESTONES Issue RFP. January 13, 2017 (Friday)
Pre‐bid meeting via video conference Please join our meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/547066397 You can also dial in using your phone. United States: +1 (571) 317‐3122 Access Code: 547‐066‐397
January 26, 2017 (Thursday) 9:00 A.M. – 10:00 A.M.
Deadline for vendor questions (Email questions to: [email protected]). Note: Reference “RFP #17‐18‐02‐281 Questions” in the subject line of your email.
January 27, 2017 (Friday)
Questions & Answers posted on www.usac.org and within Killeen ISD’s electronic bidding system as an Addendum to the RFP for all participating vendors to download/review.
January 30, 2017 (Monday)
Deadline for submission of RFP responses. Note: Vendors to submit proposals electronically through Killeen ISD’s electronic bidding system.
February 28, 2017 (Tuesday) at 11:00 A.M.
Board of Trustees Meeting (Approves/rejects District’s recommendation for contract award).
April 11, 2017 (Tuesday)
Vendor award notification. April 12, 2017 (Wednesday)
PERFORMANCE BOND
A) The successful Proposer shall agree to furnish Killeen Independent School District with a Performance
Bond in the amount equal to one hundred percent (100%) of the total amount of the proposal award.
B) The Performance Bond shall be made payable to Killeen Independent School District, executed by a surety company authorized to do business in the State of Texas.
C) The Performance Bond shall be conditioned upon the successful Proposer’s full performance of the work, in accordance with the plans, specifications, terms and conditions of the award of proposal by the Board of Trustees.
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BID EVALUATION ‐ SCORING
Criteria Points
Purchase Price: E‐Rate Eligible Goods and Services 25 = Lowest price 15 = Second lowest price 5 = Third lowest price
25
Purchase Price: Non E‐Rate Eligible Goods and Services 5
Reputation of the vendor and the vendor’s goods or services 10 = Good reputation of vendor and vendor’s goods or services 5 = Fair reputation of vendor and vendor’s goods or services 0 = Poor reputation of vendor and vendor’s goods or services
10
Quality of the vendor’s goods or services 10
Extent to which the goods or services meet the District’s needs 10 = Goods or services meet most or all district requirements 5 = Goods or services meet some district requirements 0 = Goods or services do not meet the needs of the district
10
Vendor’s past relationship with the District 10 = Past positive relationship with district 5 = Past relationship with other school districts 0 = Past negative relationship with district
10
Total long‐term cost to the District to acquire the vendor’s goods or services 10
Impact on ability of the district to comply with laws and rules relating to historically underutilized businesses
0
Safety and suitability for the intended use 10
Vendor's delivery capabilities, warranty and warranty service history 10
Non‐responsive, incomplete, and incomprehensible bids ‐20
For a contract for goods and services other than those goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or vendor's ultimate parent company or majority owner has its principal place of business in this state; or employs at least 500 persons in this state
0
TOTAL 100
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PROPOSAL PRELIMINARIES Objective: The Killeen Independent School District (“Killeen ISD” or “District”) is seeking proposals for a dedicated
fiber‐based Wide Area Network, as described in this RFP, to connect the Killeen Data Center and
Harker Heights Data Center to all remote sites for the E‐Rate funding year starting as early as June 1,
2018 but no later than June 30, 2018. The district reserves the right to add, move or remove sites
during the term of the contract.
This RFP requests proposals for two (2) network options: (1) a Leased Lit Fiber Network option (Section
A); and (2) a Leased Dark Fiber Network option (Section B). The district will consider terms of 5 or 10
years with voluntary renewal options providing for up to two five‐year extensions beyond the original
contract period upon agreement of both parties. E‐rate rules require comparing the cost of the Leased
Dark Fiber Network option to Leased Lit Fiber Network option and awarding the most cost‐effective
network option to receive funding.
E‐RATE REQUIREMENTS It is anticipated that some or all of the costs associated with this proposal shall be eligible for the E‐
Rate discount under the Federal Communications Commission (FCC) Universal Service Provision (FCC
97‐157); therefore, the selected Proposer must understand and comply with all FCC rules and
regulations relative to E‐Rate. The selected Proposer must also have a valid 498 ID (Service Provider
Identification Number – SPIN).
E‐rate discounts can be applied to special construction charges in the first year of the contract. If
special construction charges are bid, please provide an installment plan for KILLEEN ISD’S non‐discount
share for annual payments over four years.
Final authorization by Killeen ISD for the purchase of any or all goods and/or services, hereafter
described in this document, MAY be contingent upon the award of funding (a Funding Commitment
Decision Letter) from the Schools and Libraries Division of USAC for the 2017 E‐Rate Funding Year.
Killeen ISD may, at its discretion, choose to cancel its offer for the purchase of any and all goods and/or
services requested in this RFP if E‐Rate funding is not approved by USAC, there is a reduction in
funding, there are changes in the physical structure of a school (i.e., renovations, demolitions), or for
any other reason.
All requests for payment by the selected Proposer must be made by written invoice to Killeen ISD.
Goods and/or services may not be delivered to Killeen ISD before July 1, 2017. Proposer may not issue
written invoices before July 1, 2017. Invoices must show the full amount of the cost of goods and/or
services provided to Killeen ISD for the invoice period. Invoices must also provide the following:
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(i) an itemization of those goods and/or services that are eligible for E‐Rate
reimbursements, and those that are not eligible for E‐Rate reimbursement. (The
itemization could include a bill of materials for any eligible special construction costs if
the proposer requests special construction reimbursement for new build segments
necessary to deliver leased lit service or leased dark fiber.)
(ii) an itemization of invoice amounts that are allocated for payment through E‐Rate, and
those that are to be paid directly by Killeen ISD.
Killeen ISD shall pay only the invoice amounts, not otherwise disputed by Killeen ISD, allocated on the
invoice for payment directly by Killeen ISD. By submitting a proposal, the selected Proposer
understands, acknowledges and agrees that KILLEEN ISD will not pay any invoice amounts identified
and allocated for payment through E‐Rate.
The selected Proposer shall be responsible to prepare and file with the FCC a Form 474 (SPI Form) to
request payment of those invoice amounts allocated for payment through the E‐Rate program. The
selected Proposer will be paid for the E‐rate eligible goods and/or services through the E‐Rate program
only after a Funding Commitment Decision Letter has been issued through the E‐Rate program. If,
through no fault of the selected Proposer, a Funding Commitment Decision Letter has not been issued
by December 31, 2017, the selected Proposer at its option may submit an invoice to Killeen ISD for
payment of the non‐reimbursed E‐Rate eligible goods and/or services.
Prices quoted shall be all‐inclusive and represent complete installation and operation at the sites listed in the attached specifications. The Vendor shall be responsible for all equipment, software, parts, labor, and all other associated apparatus necessary to completely install, test, and turnover for acceptance of the fiber optic WAN detailed herein. Notice for Special Construction Proposals All E‐rate applications including special construction that includes fiber are subject to review and detailed questioning. Respondents for special construction should provide or be prepared to promptly provide the following information:
A map file of the proposed fiber route in KMZ or JSON format
The cost per foot of fiber
The cost per foot of fiber installation (splicing, pulling through conduit, hanging on poles)
The cost per foot of outside plant materials (conduit, handholes, aerial make ready materials)
The cost per foot of outside plant (trenching, handhole and marker installation, installation of aerial make ready materials)
The amount of special construction capital requested will be reviewed based on the cost of historical fiber builds in the region. Respondents should consider other business that may be generated by building fiber into the region and request only the special construction capital allocable to KILLEEN ISD’s service.
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Required Notice to Proceed and Funding Availability KILLEEN ISD will follow the purchasing policies of the KILLEEN ISD Board and requirements and procedures of the FCC’s E‐rate program as administered by the Universal Service Administrative
Company to be eligible for all available funding.The implementation of any associated contracts resulting from this competitive bid process will be dependent on the district's’ issuance of a written Notice to Proceed.
E‐rate funding notification alone will not signify Notice to Proceed. The district will have the right to allow the contract to expire without implementation if appropriate funding does not come available.
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SECTION A – Leased Lit Fiber Network
The objective of this Proposal option is to obtain a proposal for high‐speed broadband data and network connectivity among sites as listed below. The proposer is expected to own the broadband infrastructure over which the service is delivered. The proposer also will provide all equipment, technical support, maintenance and operations of both the equipment and broadband infrastructure for this service. Addresses for KILLEEN ISD Sites can be found in Appendix A.
A. PROJECT OVERVIEW
The objective of this section of the RFP is to identify a Proposer or Proposers who will provide a leased lit service which is defined as a high‐speed broadband data and network connectivity that will meet the current and future telecommunications needs at these KILLEEN ISD locations over the term of the contract. Each Proposer will provide cost‐effective, scalable and flexible high‐speed broadband data and network transport services that connects these KILLEEN ISD locations. The Proposer must propose all costs including estimates of surcharges and fees to provide connectivity. The Proposer’s Leased Lit Fiber Network solution will include connectivity from each KILLEEN ISD location to the aggregation data centers. The Proposer shall ensure that the proposed Lit Fiber Network solution allows secure data transportation between the KILLEEN ISD locations and the aggregation centers. Connectivity back to the aggregation centers must have the capacity to support all locations transmitting at full capacity at any given time. A ten (10) Gbps Ethernet interface physical hand‐off is required as a minimum for the connection at each Killeen ISD location with the ability to upgrade to forty (40) Gbps Ethernet and one hundred (100) Gbps Ethernet using only one pair of fiber. The cost for connectivity back to the aggregation centers MUST be figured into the MRC (monthly recurring charge) for each site. All co‐location data center cross‐connect and fiber path costs needed to provide the physical interface hand‐over to KILLEEN ISD equipment will be the responsibility of the Proposer. A co‐location space will be provided at the aggregation locations for the Proposer. All proposals must meet the technical requirements as stated in the RFP.
B. CURRENT ENVIRONMENT The current KILLEEN ISD network consists of a Metro Ethernet cloud connecting 61 remote sites that
each connect to two (2) core data center sites. The two core sites are active‐active data centers
adjacent to each other and connected via a dedicated 10 Gbps connection. See KILLEEN ISD Sites in
Appendix A.
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C. PROJECT REQUIREMENTS The KILLEEN ISD locations that require this service must be converted and functional by June 30, 2018. Existing service must remain active until the final cutover. KILLEEN ISD is cognizant of a growing demand for bandwidth. KILLEEN ISD is interested in identifying the Proposer(s) who will meet the current and future telecommunications needs of KILLEEN ISD over the term of the contract. The Proposer(s) will provide a cost‐effective, scalable, and flexible transport solution that will be able to meet the demands of KILLEEN ISD and it is expected the solution would meet any future needs of KILLEEN ISD as deemed appropriate. The district reserves the right to add, move or remove sites during the term of the contract. Proposers should include costs for implementing site changes during the contract term. Proposers shall identify services that are a normal part of their offering without additional fees.
D. SCOPE OF WORK The Proposer shall provide non‐recurring costs (NRC) for design, engineering and project management for the special construction of the network facilities (i.e., development costs). In addition, the Proposer will provide NRC for the special construction of the leased lit fiber network and its maintenance for a leased lit fiber network capable of supporting a high‐speed, IP‐based, layer‐2, Ethernet, wide area network to interconnect the KILLEEN ISD locations.
E. TECHNICAL REQUIREMENTS The proposed Leased Lit Fiber Network solution must provide a network design in which: 1. All remote site locations have 10 Gbps Ethernet paths to both Data Centers identified in
Appendix A; with the ability to upgrade to 40 Gbps and 100 Gbps during the life of the contract.
2. Data Centers will have a 40 Gbps initial bandwidth interconnect between them to allow data synchronization and a resilient network for Killeen ISD. Proposals should include pricing for upgrade to 100 Gbps during the contract term.
3. Each data center will have an initial 100 Gbps aggregation to support all remote site 10 Gbps connections. Proposals should include pricing to provide adequate aggregation at the data centers to support upgrades of all remote site connections to 40 Gbps and 100 Gbps during the term of the contract.
4. Layer 2 (802.1q/802.1p) VLAN and QoS tags must be allowed through the provided network connection and must remain unchanged by the provider.
5. Ethernet frames containing a 1500‐byte payload (for a total minimum supported Ethernet frame size of 1542 bytes), must be allowed and flow as a single complete frame without any fragmentation by the provider’s equipment.
6. QoS marked by Killeen ISD will be passed through the provider untouched and prioritized according to Killeen ISD markings. These markings will follow Cisco best practices.
7. Layer 2 performance must be adequate to support jitter and latency sensitive applications (i.e. video over IP).
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8. The network interface to the customer’s CPE must be an Ethernet‐based handover connection. The connection must support either 802.1q tagged frames or must support 802.1ad provider bridging. KILLEEN ISD WILL NOT coordinate customer VLAN tags with the provider; the provider must either tunnel the customer VLAN tags through the provider network or must leave the customer VLAN tags unchanged from end‐to‐end.
9. Performance metrics on contracted circuits must be provided to KILLEEN ISD staff within 24 hours of request.
10. KILLEEN ISD must be notified within 24 hours of performing QoS changes, network monitoring changes or any other network changes that may have a positive or negative effect on performance as outlined in the RFP.
11. The provided connection must be tested to prove performance before it will be considered complete and usable. Testing according to ITU‐T Y.156sam or RFC‐2544 for performance, frame‐loss and latency is preferred but detailed performance, frame‐loss, latency and QOS test disclosure is also acceptable. Testing must validate the minimum frame size specified is supported.
12. Every connection’s receive AND transmit capacity must each meet or exceed the bandwidth amount that is proposed. Testing must validate that capacity meets the amount purchased before the connection will be considered complete and usable.
13. Interface to proposed network will be at the main distribution frame(MDF) in each site, and termination equipment shall be wall mounted in the building designated MDF closet. Each set of strands connected in a separate sheath shall have a minimum of a 12‐port, wall mounted fiber distribution panel. The interface will be provided as 10Gbps with plans to upgrade to 40 Gbps and 100 Gbps during the term of the contract.
14. The proposed network will be capable of transparently transporting all aspects of Ethernet LAN protocols from demarc to demarc.
15. Backbone bandwidth will be sufficient to simultaneously support non‐blocked / zero packet drop transmission from all sites at full interface speed of at least 10 Gbps with upgrade to 40 Gbps and 100 Gbps during the term of the contract. Demarcation of Vendor's network will be a clear and well‐defined physical interface and be located at the site’s Main Distribution Facility as identified by the District designated person.
16. Equipment needing to be rack mounted will be mountable in industry‐standard rack facilities.
17. Proposal will include dimensional and environmental requirements of equipment selected for installation at "District" sites.
18. Vendors are encouraged to seek routes that allow for the maximum amount of diverse routing for the WAN . The District prefers the physical design of any proposed network to be a multiple strand ring topology. The Vendor will identify routes available and work with the District to choose the route. Keeping in mind the preferred topology is the ring, however, other topology designs are encouraged and welcomed.
19. The Vendor should generate a GIS map(s) with the fiber optic cable identified.
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F. PROJECT PLANNING AND MANAGEMENT KILLEEN ISD acknowledges that project management and implementation procedures will require alignment and adjustment of work processes for the Proposer’s organizations and KILLEEN ISD. The alignment will be part of the contract finalization; however, the Proposer will respond to this RFP assuming the following responsibilities. 1. KILLEEN ISD MANAGEMENT STAFF
KILLEEN ISD management staff will: a. Provide overall project direction and management. b. Review and approve all project plans and deliverables. c. Ensure that technical assistance and support are provided during the Proposer’s
implementation phases and ongoing upgrade design of this project. d. Establish project management guidelines by meeting with the Proposer’s project
management team as needed. e. Review and approve all project specific documentation standards and
requirements for the various types of reports, technical/procedural documentation, and management materials that will be produced during the project.
f. Coordinate other resources as needed to support the implementation process. g. Provide on‐site assistance, as needed during the implementation phases of the
project. h. Assist the Proposer in identifying eligible participants in the network as well as
establishing guidelines with the Proposer for ordering, moving, adding or changing services.
2. PROPOSER The Proposer will: a. Coordinate and administer the requirements of the network service(s) that are
proposed. b. Maintain toll free lines for voice or equivalent dedicated connection from
KILLEEN ISD to operational facilities for order entry and after hours help desk. Installation and maintenance may be subcontracted to one or more third parties to adequately cover the locations of the core transport backbone sites and to provide for rapid response in the event of a service disruption. The Proposer will provide information regarding intent to maintain its facilities after project implementation has been completed.
c. Maintain toll free voice lines for after‐hours helpdesk support for the duration of the contract. This point of contact will serve as the single point of contact for all services and equipment provided by the contract, including services and equipment subcontracted to another provider.
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d. Provide upon request, technical information, graphs, charts, maps, photographs, block diagrams, operating manuals, and other information that will clearly show that the services offered are in full compliance with the minimum requirements of this RFP. In the event that the documentation furnished is at variance with the requirements of this RFP, the Proposer will explain in detail, with full engineering support data, the reasons why the proposed services meet the RFP requirements and should not be considered an exception.
e. Provide upon request, detailed network diagrams and drawings that clearly illustrate the network configuration and the functional relationships, as they are associated with the proposed services. These network diagrams will be available to KILLEEN ISD electronically in a format agreed upon by the Proposer and KILLEEN ISD to allow for import into various computer programs.
f. Provide upon request, basic technical specifications for each item of equipment included in the proposal. The information to be provided will be in the form of published specification sheets or other illustrative literature.
If the Proposer intends to Subcontract any part of its performance hereunder, the Proposer must provide: a. name, address, and telephone number of the Subcontractor(s); b. specific tasks for each Subcontractor(s); c. percentage of performance hours intended for each Subcontract; and d. total percentage of Subcontractor(s) performance hours.
G. SERVICE LEVEL GUARANTEES
This Lit Fiber Network must support production applications that require a high degree of reliability and must operate with little or no service disruptions for twenty‐four (24) hours a day, seven (7) days a week. Proposer(s) must provide solutions with the necessary redundancy, backup systems, and/or other disaster avoidance and recovery capabilities to support these needs. Proposer(s) must have the necessary staff for the installation and maintenance of their network responsibilities and necessary staff to assist KILLEEN ISD in its installation and maintenance of critical network services. Upon request, the Proposer will provide an explanation of any resiliency that is available as part of the site/service that will assure the required availability of the services. The above performance specifications are required service level guarantees. The Proposer will conform to these service level agreements, which are to include details concerning restoration procedures and goals, escalation procedures, and non‐conformance penalties.
H. MAINTENANCE SPECIFICATIONS When planned network maintenance activities are conducted by the Proposer which entails the risk of interrupting or diminishing service to KILLEEN ISD or its participants, KILLEEN ISD Computing Services must be notified at least three (3) business days in advance of the maintenance planned. Additionally, the Proposer must agree to work with KILLEEN ISD to find an alternate date and time of maintenance, if the proposed time would be particularly detrimental
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to KILLEEN ISD business needs. An acceptable planned maintenance period would be from 10:00 p.m. to 6:00 a.m. The Proposer must have in inventory the necessary spare equipment capable of restoring service in the event of Proposer equipment failure. Maintenance contracts specifying next‐day replacement or longer will not be considered an acceptable substitute for carrying inventory of appropriate replacement equipment. The Proposer must operate its own Network Operations Center(s) and provide a centralized trouble reporting and maintenance system that is staffed 24 hours a day, seven days a week. The Proposer shall provide sufficient staff for peak and critical hours. The Proposer shall provide KILLEEN ISD with a local and toll‐free number or equivalent dedicated connection for trouble reporting. The Proposer must respond to trouble reports within one (1) hour of notification. The Proposer must also provide an escalation procedure and contact list to be used for unresolved issues, including names, titles and phone numbers of contact persons in the escalation chain. Major service‐affecting problems that are not resolved within two (2) hours of time after the notification of trouble shall constitute a prolonged outage and must be escalated.
I. IMPLEMENTATION PLAN The Proposer should submit with their proposal response, and must provide prior to award, an implementation plan for the deployment of the services, that reflect the services to be included in the associated contract. The plan must clearly represent the constraints of time, scope and cost. At a minimum the implementation plan must include the project approach, scope of work, work breakdown structure (WBS), schedule, milestones, deliverables, risk assessment, mitigation strategies, resource planning and communication plans. The Proposer will adhere to the implementation plan for deployment of services submitted as a requirement of this RFP.
J. DEPLOYMENT STATUS REPORTS The Proposer’s designated project manager will provide weekly reports of the status of any deployment schedules to KILLEEN ISD’s designated project manager. Deployment status reports will provide weekly information related to the adherence to the deployment schedule identified in Section C. Project Requirements, including identification of issues affecting the deployment schedule, and recommended resolution(s) to any identified barriers to network deployment. During the project installation period, the Proposer’s designated project manager shall host weekly conference calls with appropriate technical and project management personnel and KILEEN ISD’s designated WAN deployment team.
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K. BILLING The Proposer must comply with all applicable E‐rate requirements. Each location shall be itemized and billed monthly.
L. COST Proposals will address the impact of normal growth, as well as planned and unplanned network expansion or service enhancement. All prices shall be proposed as an individual location/school cost on a recurring or non‐recurring basis. All Proposer costs must be reflected in either the monthly recurring or non‐recurring charges. All fees, taxes and pass‐through charges such as USF must also be included in the cost. Estimated fees are acceptable but no fees may be omitted from the proposal. No additional charges will be accepted. KILLEEN ISD shall not be required to purchase any specific service or minimum quantities of network services. The quantities provided are for the sole purpose of assisting the Proposers in preparation of their proposals and for KILLEEN ISD to consider the feasibility of the proposed network solutions. KILLEEN ISD shall not be responsible for any cost that is not identified in the Proposer’s cost proposal. KILLEEN ISD will not consider proposals that offer discounts based upon the number of network locations that join the network. Any costs which are not eligible for E‐rate discounts must be identified. The proposal prices listed must include the cost of doing business as indicated below. Simply placing a cost number in the appropriate cell is all that is needed.
1. NETWORK EQUIPMENT AND HARDWARE COSTS Network equipment and hardware (non‐CPE) will be part of and included in the itemized circuit costs. Circuit costs will be bundled costs and must include all necessary components needed to utilize the circuit at the bandwidth proposal.
2. INSTALLATION COSTS If non‐recurring installation/set‐up charges are applicable, these rates shall be delineated in the cost portion of the proposal. This cost for the circuit installation shall include all one‐time costs associated with termination to the demarcation point from the network side and/or fees associated with interconnection to local exchange carriers. a. All fees that would be incurred for a fully functioning end‐to‐end connection,
whether recurring or non‐recurring, must be included in the cost. All cross‐connect, and facilities related charges that would be incurred to physically connect the circuit to KILLEEN ISD equipment on both ends must be included in the cost.
3. SOFTWARE, WARRANTY, AND MAINTENANCE COSTS The Proposer will include costs for software, warranty, and maintenance of the provided circuits in the service rates.
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a. Software includes any initial or upgraded software required by each item of
equipment proposed for the network to perform as a fully functional, integrated part of the Proposer’s network and associated service rates. The software costs shall include all of the following applicable costs: i. Initial purchase and installation costs. ii. Use and licensing fees. iii. Software maintenance costs, including upgrades. iv. All other costs relative to the network such as acquiring and using the
software for the life of the network. v. Costs and procedures related to the transfer of the software from
damaged or out of service equipment to new equipment and the reprogramming of the software to place equipment spares into service and to meet changing network needs.
4. QUANTITY
KILLEEN ISD has the option of purchasing any quantity of services in any increment proposed. KILLEEN ISD reserves the right to purchase any quantity of service. There will be no minimum or maximum quantities imposed as a result of any contract. KILLEEN ISD reserves the right to add sites, remove sites, move connections, increase or decrease bandwidth during the life of the contract. Proposer should include costs for implementing site changes during the contract term.
5. PROPOSAL COST TABULATION The proposal cost will be tabulated with an intent to award made based on the monthly recurring costs multiplied by the applicable length of service in months, not to include extensions, plus the one‐time non‐recurring costs.
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SECTION B – LEASED DARK FIBER NETWORK
The objective of this Proposal option is to obtain a proposal for the lease of a dedicated Dark Fiber Network connecting all KILLEEN ISD locations with aggregation centers. Addresses for KILLEEN ISD Sites can be found in Appendix B. A. PROJECT OVERVIEW
The objective of this section of the RFP is to identify a Proposer or Proposers who will provide leased dark fiber broadband network connectivity that will meet the current and future telecommunications needs at the KILLEEN ISD locations over the term of the contract. Leased dark fiber service is leasing a number of fiber strands on a proposer owned network, along with services for technical support, maintenance, and operations of the leased dark fiber strands. KILLEEN ISD will light the fiber and is requesting proposals for the modulating equipment. Each Proposer will provide cost‐effective, scalable and flexible fiber‐based infrastructure that connects all Killeen ISD remote locations to the two (2) data centers specified in this RFP. The Proposer must propose all costs to provide connectivity, maintenance, operation, and routing equipment.
All proposals must meet the technical requirements as stated in the RFP.
B. CURRENT ENVIRONMENT
The current KILLEEN ISD network consists of a Metro Ethernet cloud connecting 61 remote sites that each connect to two (2) core data center sites. The two core sites are active‐active data centers adjacent to each other and connected via a dedicated 10 Gbps connection. See KILLEEN ISD Sites in Appendix A.
C. SCOPE OF WORK
The Proposer shall provide non‐recurring costs (NRC) for design, engineering and project management for the special construction of the network facilities (i.e., development costs). In addition, the Proposer will provide NRC for the special construction of the leased dark fiber network and its maintenance for a leased dark fiber network capable of supporting a high‐speed, IP‐based, layer‐2, Ethernet, wide area network to interconnect the above‐described KILLEEN ISD locations. The Proposer shall provide all Fiber Optic cables, Pigtail assemblies, Outdoor Splice Cases and Trays, Handholes, Ducts, Locate Wire, Pull Boxes, and any other consumables and installation hardware necessary to construct and terminate the leased dark fiber network. In addition, the Proposer shall perform all Fusion Splicing, Indoor Fiber Terminations, Cable Testing, and Test Documentation.
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The Proposer shall provide interior Pull Boxes and EMT conduits to the Main Wiring Closet (MDF), if none are available, at each aggregation center. The proposer shall provide comprehensive specifications for their proposed special construction solution and provide invoice level detail on associated costs, such as:
2. Whether fiber will be buried, strung through conduit (existing or newly installed),
and/or strung aerially on poles (existing or newly installed), and any associated terms
and costs (e.g., pole attachment agreements imposing make‐ready costs, trenching
and/or boring costs).
3. Quantity and cost of other plant elements (e.g., handholes, splice enclosures, vaults).
4. Charges for engineering, environmental assessments, traffic control and permits,
surveys, testing, etc.
D. TECHNICAL REQUIREMENTS
The proposed Leased Dark Fiber Network solution must provide a network design in which:
1. The network interface to the customer’s CPE must be terminated with LC type
connectors.
2. The solution will be 10 Gbps capable at all remote locations with the option to
upgrade to 40 Gbps or 100 Gbps using the same fiber pair and without additional
construction requirements.
3. The proposal will feature either a hub and spoke topology or ring topology. Either
configuration needs to have isolated connections going back to both Data Centers for a
resilient network.
4. The solution will provide 100 Gbps aggregation connections at both aggregation Data
Centers defined below as well as a point‐to‐point 40 Gbps connection with 100 GB
upgrade capability between data centers for resiliency and data migration purposes.
5. The proposal will include all required network electronics for KILLEEN ISD to light the
fiber connections in the design.
6. The provided connection must be tested to prove performance before it will be
considered complete and usable.
7. Proposers should provide information on the age, type, and performance of the fiber
they are proposing to lease, including a description of all applicable splice loss budgets
compared to actual OTDR test results of each fiber strand in both directions.
Killeen ISD Wide Area Network RFP 18
8. Interface to proposed network will be at the main distribution frame(MDF) in each site, and termination equipment shall be wall mounted in the building designated MDF closet. Each set of strands connected in a separate sheath shall have a minimum of a 12‐port, wall mounted fiber distribution panel. The interface will be provided as 10Gbps with plans to upgrade to 40 Gbps and 100 Gbps during the life of the contract. 9. The proposed network will be capable of transparently transporting all aspects of Ethernet LAN protocols from demarc to demarc. 10. Backbone bandwidth will be sufficient to simultaneously support non‐blocked / zero packet drop transmission from all sites at full interface speed of an initial 10 Gbps with upgrade to 40 Gbps and 100 Gbps during the life of the contract. Demarcation of Vendor's network will be a clear and well‐defined physical interface and be located at the site’s Main Distribution Facility as identified by the District designated person. 11. Equipment needing to be rack mounted will be mountable in industry‐standard rack facilities. 12. Proposals should indicate the feasibility of redundant fiber paths within the network. 13. Proposal will include dimensional and environmental requirements of equipment selected for installation at "District" sites. 14. Vendors are encouraged to seek routes that allow for the maximum amount of diverse routing for the WAN The District prefers the physical design of any proposed network to be a multiple strand ring topology. The Vendor will identify routes available and work with the District to choose the route. Keeping in mind the preferred topology is the ring, however, other topology designs are encouraged and welcomed. 15. The Vendor should generate a GIS map(s) with the fiber optic cable identified.
E. PROJECT PLANNING AND MANAGEMENT
KILLEEN ISD acknowledges that project management and implementation procedures will require alignment and adjustment of work processes for the Proposer’s organizations and KILLEEN ISD. The alignment will be part of the contract finalization. However, the Proposer will respond to this RFP assuming the following responsibilities.
Killeen ISD Wide Area Network RFP 19
KILLEEN ISD MANAGEMENT STAFF
KILLEEN ISD management staff will:
1. Provide overall project direction and management.
2. Review and approve all project plans and deliverables.
3. Ensure that technical assistance and support are provided during the Proposer’s
implementation phases and ongoing upgrade design of this project.
4. Establish project management guidelines by meeting with the Proposer’s project
management team as needed.
5. Review and approve all project specific documentation standards and requirements for the
various types of reports, technical/procedural documentation, and management materials that
will be produced during the project.
6. Coordinate other resources as needed to support the implementation process.
7. Provide on‐site assistance, as needed during the implementation phases of the project.
8. Assist the Proposer in identifying eligible participants in the network as well as establishing
guidelines with the Proposer for ordering, moving, adding or changing services.
PROPOSER
The Proposer will:
1. Coordinate and administer the requirements of the network service(s) that are proposed.
2. Maintain toll free lines or equivalent dedicated connection from KILLEEN ISD to Provider’s
operational facilities for order entry and after hours help desk. Installation and maintenance
may be subcontracted to one or more third parties to adequately cover the locations of the
core transport backbone sites and to provide for rapid response in the event of a service
disruption. The Proposer will provide information regarding intent to maintain its facilities after
project implementation has been completed.
3. Maintain toll free voice lines or equivalent dedicated connection from KILLEEN ISD to
Provider’s operational facilities for after‐hours helpdesk support for the duration of the
contract. This point of contact will serve as the single point of contact for all services and
equipment provided by the contract, including services and equipment subcontracted to
another vendor.
4. Provide upon request, technical information, graphs, charts, maps, photographs, block
diagrams, operating manuals, and other information that will clearly show that the services
Killeen ISD Wide Area Network RFP 20
offered are in full compliance with the minimum requirements of this RFP. In the event that the
documentation furnished is at variance with the requirements of this RFP, the Proposer will
explain in detail, with full engineering support data, the reasons why the proposed services
meet the RFP requirements and should not be considered an exception.
5. Provide upon request, detailed network diagrams and drawings that clearly illustrate the
network configuration and the functional relationships, as they are associated with the
proposed services. These network diagrams will be available to KILLEEN ISD electronically in a
format agreed upon by the Proposer and KILLEEN ISD to allow for import into various computer
programs.
6. Provide upon request, basic technical specifications for each item of equipment included in
the proposal. The information to be provided will be in the form of published specification
sheets or other illustrative literature.
If the Proposer intends to Subcontract any part of its performance hereunder, the Proposer must provide:
a. name, address, and telephone number of the Subcontractor(s) b. specific tasks for each Subcontractor(s) c. percentage of performance hours intended for each Subcontract; and d. total percentage of Subcontractor(s) performance hours.
F. SERVICE LEVEL GUARANTEES
This Leased Dark Fiber Network must support production applications that require a high degree of reliability and must operate with little or no service disruptions for twenty‐four (24) hours a day, seven (7) days a week. Proposer(s) must have the necessary staff for the installation, operation, and maintenance of their network. The Proposer will conform to these service level agreements, and include details concerning restoration procedures and goals and escalation procedures.
G. MAINTENANCE SPECIFICATIONS
When planned network maintenance activities are conducted by the Proposer which entails the risk of interrupting or diminishing service to KILLEEN ISD or its participants, KILLEEN ISD Computing Services must be notified at least three (3) business days in advance of the maintenance planned. Additionally, the Proposer must agree to work with KILLEEN ISD to find an alternate date and time of maintenance, if the proposed time would be particularly detrimental to KILLEEN ISD business needs. An acceptable planned maintenance period would be from 10:00 p.m. to 6:00 a.m.
Killeen ISD Wide Area Network RFP 21
The Proposer will provide routine maintenance and inspection of the fiber infrastructure, pro‐active monitoring of fiber operation, repair of fiber breaks, and replacement of damaged fiber or fiber that no longer meets specifications, locate services, registration of the fiber with 811 service, and other support necessary to ensure operation of the network.
Operations and Maintenance Practices: KILLEEN ISD will require on‐going maintenance and operations of the fiber for the term of the lease. When pricing maintenance and operations, the respondent should include an overview of fiber maintenance practices including:
Call before you dig locate services;
Routine maintenance and inspection
Scheduled maintenance windows and scheduling practices for planned outages
Fiber monitoring including information on what fiber management software is used, what fiber monitoring system is used, and who performs the monitoring
Handling of unscheduled outages and customer problem reports? What service level agreement is included, and what alternative service levels may be available at additional cost
What agreements are in place with applicable utilities and utility contractors for emergency restoration
Repair of fiber breaks
Replacement of damaged fiber
Replacement of fiber which no longer meets specifications
Policies for customer notification regarding maintenance
The Proposer must operate its own Network Operations Center(s) and provide a centralized trouble reporting and maintenance system that is staffed 24 hours a day, seven days a week. The Proposer shall provide sufficient staff for peak and critical hours. The Proposer shall provide KILLEEN ISD with a local and toll‐free number or equivalent dedicated connection for trouble reporting. The Proposer must respond to trouble reports within one (1) hour of notification. The Proposer must also provide an escalation procedure and contact list to be used for unresolved issues, including names, titles and phone numbers of contact persons in the escalation chain. Major service‐affecting problems that are not resolved within two (2) hours of time after the notification of trouble shall constitute a prolonged outage and must be escalated. Access to performance service metrics is required, with a preference toward live metrics.
Killeen ISD Wide Area Network RFP 22
H. IMPLEMENTATION PLAN
The Proposer should submit with their proposal response, and must provide prior to award, an implementation plan for the deployment of the services, that reflect the services to be included in the associated contract. The plan must clearly represent the constraints of time, scope and cost. At a minimum the implementation plan must include the project approach, scope of work, work breakdown structure (WBS), schedule, milestones, deliverables, risk assessment, mitigation strategies, resource planning and communication plans. The Proposer will adhere to the implementation plan for deployment of services submitted as a requirement of this RFP.
I. DEPLOYMENT STATUS REPORTS
The Proposer’s designated project manager will provide weekly progress reports of the status of any deployment schedule to KILLEEN ISD’s designated project manager. The weekly progress report must include identification of any issues affecting the deployment schedule, and include recommended resolution(s) to any identified barriers to network deployment. During the project installation period, the Proposer’s designated project manager shall host weekly conference calls with appropriate technical and project management personnel and KILEEN ISD’s designated WAN deployment team.
J. BILLING
The Proposer must comply with all applicable E‐rate requirements. Each location shall be itemized and billed monthly.
K. COST
Costs shall be all‐inclusive, meaning all non‐recurring costs (NRC) required by the Proposer to commence service are separately listed, clearly indicating any NRCs associated with special construction, and all monthly recurring costs (MRC) for the corresponding segments shall be included in the pricing sheets. No increased pricing will be allowed during the term of the contract, or extensions. All prices shall be proposed as an individual location/school cost on a recurring or non‐recurring basis. All Proposer costs must be reflected in either the monthly recurring or non‐recurring charges. All fees, taxes and pass‐through charges such as USF must also be included in the cost. Estimated fees are acceptable but no fees may be omitted from the proposal. No additional charges will be accepted. KILLEEN ISD shall not be responsible for any cost that is not identified in the Proposer’s cost proposal. Any costs which are not eligible for E‐rate discounts must be identified.
Killeen ISD Wide Area Network RFP 23
L. DESIGN, ENGINEERING AND PROJECT MANAGEMENT COST
Identify the NRC associated with the design, engineering, and project management services necessary to provide the Leased Dark Fiber Network.
M. INSTALLATION COSTS
Identify the NRC for special construction of the Leased Dark Fiber Network. These costs include fees for right of way permits, pole attachment fees, the actual cost of installation and construction of the fiber cable plant, cable pathways within the building to the demarcation point, and splicing and termination of fiber.
All fees that would be incurred for a fully functioning end‐to‐end connection, whether recurring
or non‐recurring, must be included in the cost. All cross‐connect, and facilities related charges
that would be incurred to physically connect the circuit to KILLEEN ISD equipment on both ends
must be included in the NRC cost.
The NRC should only include the costs associated with the requested fiber count. Should the
proposer choose to install fiber cable in excess of the requested fiber count, the cost of the
excess fiber cable must be removed on a prorated basis.
N. CORE SWITCHING AND ROUTING EQUIPMENT AND HARDWARE COSTS
Network equipment and hardware (non‐CPE) will be part of the Leased Dark Fiber Network costs and used to determine cost‐effectiveness when compared to the Leased Lit Fiber Network.
O. SOFTWARE, WARRANTY, AND MAINTENANCE COSTS
The Proposer will include costs for software, warranty, and maintenance of the provided circuits in the service rates.
Software includes any initial or upgraded software required by each item of equipment
proposed for the network to perform as a fully functional, integrated part of the Proposer’s
network and associated service rates. The software costs shall include all of the following
applicable costs:
Initial purchase and installation costs.
Use and licensing fees.
Software maintenance costs, including upgrades.
All other costs relative to the network such as acquiring and using the software for
the life of the network.
Killeen ISD Wide Area Network RFP 24
Costs and procedures related to the transfer of the software from damaged or out of
service equipment to new equipment and the reprogramming of the software to
place equipment spares into service and to meet changing network needs.
Maintenance costs shall include all scheduled and unscheduled maintenance of the
Fiber plant.
Maintenance and repair of the Fiber, Cable, and points of access.
Fiber Moves required by third‐parties necessary to prevent failure, interruption or
impairment of the Fiber of Cable (ex., road construction or widening projects).
Patrol of the Fiber, Cable, and points of access on a regular basis.
Maintenance of a “Call‐Before‐You‐Dig” program and all required cable locates.
Maintenance of Signage on posts, as permitted by the underlying right‐of‐way owner,
along the Fiber route.
P. QUANTITY
KILLEEN ISD has the option of purchasing any quantity of services or equipment in any increment
proposed. There will be no minimum or maximum quantities imposed as a result of any contract.
KILLEEN ISD reserves the right to add sites, remove sites, or move connections during the life of the
contract. Proposer should include costs to implement changes during the life of the contract.
Q. PROPOSAL COST TABULATION
The proposal cost will be tabulated with an intent to award made based on the monthly recurring costs multiplied by the applicable length of service in months, not to include extensions, plus the one‐time non‐recurring costs.
Killeen ISD Wide Area Network RFP 25
APPENDIX A
District/School Address City State Zip
Data Centers
Killeen Data Center 902 North 10th Street Killeen TX 76541
Harker Heights Data Center
104 East Beeline Lane Harker Heights TX 76548
District Offices
Administration Building 200 N. W.S. Young Drive Killeen TX 76543
Timber Ridge 5402 White Rock Drive Killeen TX 76542
Trimmier 4400 Success Drive Killeen TX 76542
Venable Village 60160 Venable Road Fort Hood TX 76544
West Ward 709 W. Dean Avenue Killeen TX 76541
Killeen ISD Wide Area Network RFP 27
District/School Address City State Zip
Willow Springs 2501 W. Stan Schlueter Loop Killeen TX 76549
Middle Schools
Audie Murphy 53393 Sun Dance Drive Fort Hood TX 76544
Charles E. Patterson 8383 W. Trimmier Road Killeen TX 76542
Eastern Hills 300 Indian Trail Harker Heights TX 76548
Liberty Hill 4500 Kit Carson Trail Killeen TX 76542
Live Oak Ridge 2600 Robinett Road Killeen TX 76549
Manor 1700 S. W.S. Young Drive Killeen TX 76543
Nolan 505 East Jasper Road Killeen TX 76541
Palo Alto 2301 W. Elms Road Killeen TX 76549
Rancier 3301 Hilliard Avenue Killeen TX 76543
Smith (New) 6000 Brushy Creek Drive Killeen TX 76549
Union Grove 101 E. Iowa Drive Harker Heights TX 76548
High Schools
C.E. Ellison 909 Elms Road Killeen TX 76542
Harker Heights 1001 FM 2410 Harker Heights TX 76548
Killeen 500 N. 38th Street Killeen TX 76543
Robert M. Shoemaker 3302 S. Clear Creek Road Killeen TX 76549
KISD FORM 1295 16‐03‐28 PAGE 1 | 2
KILLEEN INDEPENDENT SCHOOL DISCTRICT CERTIFICATE OF INTERESTED PARTIES (FORM 1295)
Beginning January 1, 2016, the Texas Legislature (House Bill 1295) requires businesses entering into contracts with governmental entities to submit a Certificate of Interested Parties (Form 1295). Form 1295 is filed at the state level and submitted to the governmental entity before a contract is signed.
Certificate of Interested Parties (Form 1295) only applies to contracts that either (1) required an action or vote by the governing body, or (2) has a value of at least $1 million.
Please complete the following steps:
1. Logon to the Texas Ethics Commission website and complete Form 1295 application:https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
2. Print copy of Form 1295, including certificate of filing.3. Sign and notarize Form 1295.4. Email Form 1295, with the certification of filing, to [email protected].
Begin this process immediately. If you are awarded, you have fourteen (14) days from the award notification to provide KISD your completed Form 1295 with certification of filing.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Adopted 10/5/2015
FORM 1295CERTIFICATE OF INTERESTED PARTIES
OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
AFFIX NOTARY STAMP / SEAL ABOVE
Title of officer administering oathPrinted name of officer administering oathSignature of officer administering oath
Sworn to and subscribed before me, by the said _______________________________________________, this the ______________ day
of ________________, 20 _______ , to certify which, witness my hand and seal of office.
Signature of authorized agent of contracting business entity
ADD ADDITIONAL PAGES AS NECESSARY
Name of Interested PartyNature of Interest (check applicable)
City, State, Country(place of business)
Controlling Intermediary
4
Name of governmental entity or state agency that is a party to the contract forwhich the form is being filed.
2
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,
and provide a description of the goods or services to be provided under the contract.
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1 Name of business entity filing form, and the city, state and country of the businessentity's place of business.
5 Check only if there is NO Interested Party.
YOUR BUSINESS INFORMATION
KILLEEN INDEPENDENT SCHOOL DISTRICT
ENTER THE BID NAME & NUMBER HERE WITH A BRIEF DESCRIPTION OF THE GOODS OR SERVICES TO BE PROVIDED
YOUR NAME GOES HERE YOUR INFOMATION HERE
STAMP OR SEAL REQUIRED
KISD ACKNOWLEDGEMENT FORM 16-09-13 PAGE 1 | 1
KILLEEN INDEPENDENT SCHOOL DISTRICT ACKNOWLEDGEMENT FORM
THIS FORM MUST BE COMPLETED AND RETURNED I, or we the undersigned, having carefully read the Bid/Proposal, Conflict of Interest Questionnaire Form, Felony Conviction Notification Form, Certificate of Interested Parties Form, Criminal Background SB9 Certification Form, References Form, Standard Terms & Conditions, and W-9 Packet. If selected, do hereby agree to enter into a contract with said Killeen Independent School District by tendering this offer to perform the work required and/or provide the products specified in this solicitation. I or we, the undersigned, will deliver the following listed equipment as per specifications found in this bid document for the prices indicated. This proposal is made without any previous understanding or verbal or written agreement with any other firm or corporation making a proposal to KISD for the same solicitation and that this proposal is in all respects fair and without collusion or fraud and that the contents of this proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal. What are the payment terms if different from net 30 (i.e. % prompt payment/cash discounts, if any):
COMPANY/VENDOR NAME:
SIGNED BY:
PRINTED NAME:
TITLE:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
EMAIL ADDRESS:
ADDENDA #:
DATED:
Adopted 8/7/2015
FORM CIQ
OFFICE USE ONLYThis 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.
CONFLICT OF INTEREST QUESTIONNAIREFor vendor doing business with local governmental entity
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.1
2
3
Date Received
Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section 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 named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by 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?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
Signature of vendor doing business with the governmental entity Date
4
KISD FCN FORM 16-09-13 PAGE 1 | 1
KILLEEN INDEPENDENT SCHOOL DISTRICT FELONY CONVICTION NOTIFICATION
THIS FORM MUST BE COMPLETED AND RETURNED
State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”. Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”
THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.
VENDOR’S NAME:
AUTHORIZED COMPANY OFFICIAL’S NAME (PRINTED):
SIGN ONE SECTION ONLY – A, B, OR C
(A) My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable.
Signature of Company Official:
(B) My firm is not owned nor operated by anyone who has been convicted of a felony.
Signature of Company Official:
(C) My firm is owned or operated by the following individual(s) who has/have been convicted of a felony:
Name of Felon(s):
Details of Convictions(s):
* IF SECTION C APPLIES Signature of Company Official:
KISD REFERENCES FORM 16-09-13 PAGE 1 | 1
KILLEEN INDEPENDENT SCHOOL DISTRICT REFERENCES
THIS FORM MUST BE COMPLETED AND RETURNED
Reference 1 District Name: District Address: Telephone Number:
Reference 2
District Name: District Address: Telephone Number:
Reference 3
District Name: District Address: Telephone Number:
KILLEEN INDEPENDENT SCHOOL DISTRICT SB9 CONTRACTOR CRIMINAL BACKGROUND CHECK
THIS FORM MUST BE COMPLETED AND RETURNED Introduction: Texas Education Code Chapter 22 requires service contractors to obtain criminal history records on covered employees. Covered employees with disqualifying convictions are prohibited from serving at a school district. Contractors must certify to the district that they have complied and must obtain similar certifications from their subcontractors. For more information or to set up an account, a contractor should contact the Texas Department of Public Safety’s Crime Records Service at 512-424-2474. The district has no input to, or control of the DPS process. Definitions: Covered Employee: Employees of a contractor who have or will have continuing duties related to the service to be performed at the District, and have or will have direct contact with students. The District will be the final arbiter of what constitutes continuing duties or direct contact with students. Disqualifying Criminal History: (1) a conviction or other criminal history information designated by the District; or (2) one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (A) a felony offense under Title 5, Texas Penalty Code; (B) an offense for which the defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; (C) an equivalent offense under federal law or the laws of another state. On behalf of _________________________________________ (“Contractor”), I, the undersigned authorized signatory for Contractor certify to Killeen ISD (“District”) that [Check one]: [ ] None of Contractor’s employees are covered employees, as defined above. I further certify that Contractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of Contractor’s employees are covered employees. If this box is selected, I further certify that:
(1) Contractor has obtained all required criminal history record information, through the Texas Department of Public Safety, regarding its covered employees. None of the covered employees has a disqualifying criminal history.
(2) If Contractor receives information that a covered employee subsequently has a reported
criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within three (3) business days.
(3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees.
(4) If the District objects to the assignment of a covered employee on the basis of the covered employee’s criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District.
I also certify to the District on behalf of Contractor that Contractor has obtained certifications from its subcontractors of compliance with Education Code, Chapter 22.
Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. Submitter’s Signature: Date: Submitter’s Name & Title: Company Name: Telephone #: Fax #: Email Address: Mailing Address: City, State, & Zip: This form is required to be completed and signed; however, only the successful Proposers will be required to comply with requirement set forth in Act of May 28, 2007, 80th Leg., R.S., S.B. 9, § 30. All related costs including background checks/fingerprinting shall be at the contractor’s expense.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 1 | 11
KILLEEN INDEPENDENT SCHOOL DISTRICTSTANDARD TERMS AND CONDITIONS The following terms and conditions are requirements that bind the Vendor that is awarded a bid, proposal, or contract. These terms and conditions communicate the District’s expectations with regard to the Vendor’s performance in connection with the District’s purchase of goods and services. Killeen Independent School District may also be referred to as “Killeen ISD” or “the District,” throughout this and related documents. Vendor may also be referred to as “Contractor” throughout this and related documents. The words “bids, proposals, competitive sealed proposal, quotes” and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions are applicable on all bids, requests for proposals, quotes, competitive sealed proposals, etc. to which they are attached. District and Vendor agree as follows:
1. Bid Submittal: The District shall accept electronic bids in accordance with the District’s Board‐adopted rules as follows: The electronic bidding system will automatically stop accepting bids at the Close Date and Time indicated on the bid document. In those rare instances when bids cannot be completed online, they must be delivered to the District Purchasing Department, 2301 Atkinson Ave, Killeen, TX 76543 by the Close Date and Time. District is not responsible for lateness of mail, carrier, etc., and the time/date stamp clock in District Purchasing Department shall be the official time of receipt. If mailed or delivered, bid must be submitted in a sealed envelope with Vendor’s name, bid name and bid number clearly written on the front of the outer envelope. No faxed bids will be accepted.
NO BIDS WILL BE ACCEPTED AFTER THE CLOSING DATE
2. Brands and Models: Brands and model numbers, where listed, are used for specification
reference only, unless otherwise stated, and are not intended to limit the District’s consideration of an approved equal. Descriptive information or samples may be requested for any item bid other than the referenced item.
3. All items bid must be new, unused, and in first‐class condition unless otherwise requested by
the District. Materials sold to or installed in any District facility are not to contain any asbestos material. Any Vendor who sells or installs asbestos containing material in any District facility shall be liable for and shall be required to bear the entire burden of any or all expenses associated with the removal and replacement of the material.
4. Equivalent Clause: If bidding on other than referenced specifications, Vendor’s bid must show
the specifications, manufacturer, brand, model, etc. of the product being offered. If other than brand(s) specified is offered, complete descriptive information of each product being offered must be included with Vendor’s bid.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 2 | 11
In every case, District, in its sole discretion, will determine if a product is an approved equal. If brands other than that specified are offered, complete descriptive information of said article must be included with the bid. If Vendor takes no exception to specifications or reference date, Vendor will be required to furnish brand names, models, etc. as specified.
a. Samples, when requested in the bid specifications, must be furnished with the bid, or
the bid will be disqualified. When samples are requested after the bid opening, they must be furnished within five (5) school business days of the request at no cost to the District, or the bid will be disqualified. If not destroyed in examination, they will be returned to Vendor on request.
b. Once the contract is awarded, no substitutions of the products on the orders will be
allowed without specific written consent from the Director for Purchasing Services. An approval for substitution on one order does not equate to automatic approval for substitution on subsequent orders. Application of the product must be reviewed for each project, job, and use.
5. Products delivered that are determined by the District not to be of equal or comparable quality
to the requested articles shall be promptly picked up by Vendor as requested and scheduled by the District, at no expense to the District, and replaced with the product specified at the same price as bid. Products or services bid and provided under any subsequent orders must conform to appropriate local, State and Federal ordinances, and statutes and regulations governing the manufacture, sale, safety and installation of the products or provision of services.
6. Material Safety Data Sheets (“MSDS”): The District requires product verification in the form of
MSDS reports submitted at the time of the bid opening and on any product offered by a vendor if applicable.
7. Evaluation:
(a) Evaluation Pursuant to Texas Education Code Section 44.031 for purchases made with non‐federal funds: In evaluating qualified bids, the following considerations will be taken into account for award recommendations: (1) purchase price, (2) quality of Vendor’s goods or services, (3) reputation of Vendor and Vendor’s goods or services, (4) the extent to which the goods or services meet the District’s needs, (5) Vendor’s past relationship with the District, (6) total long‐term cost to the District to acquire Vendor’s goods or services, (7) impact on the District’s ability to comply with laws and rules relating to historically underutilized businesses, (8) safety and suitability for the intended use, (9) Vendor’s delivery capabilities, warranty, and warranty service history, (10) non‐responsive, incomplete, and incomprehensible bids, and (11) for a contract for goods and services, other than those goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether Vendor or Vendor’s ultimate parent company or majority owner: (A) has its principal place of business in this state; or (B) employs at least 500 persons in this state. The District reserves the right to conduct any tests, evaluations, or comparisons it deems necessary to complete the evaluation process and awards on the basis of best value to the District. The District may award a contract for any or all sections of this bid and/or by individual items or combination of items. The District does not purchase on the basis of low bid alone. The District follows the criteria set forth by statute.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 3 | 11
(b) Evaluation for purchases made with federal funds: In addition to the criteria stated above in 9.(a), the following considerations will be taken into account for award recommendations: (a) the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals is prohibited, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference; (b) when contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract; (c) impact on the District’s ability to comply with laws and rules relating to historically underutilized businesses to provide for consideration to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible; (d) for each contract in which there is no price competition, and in all cases where cost analysis is performed, consideration of profit as a separate element of the price shall be made, and to establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
8. The District reserves the right to decrease by 100% and/or increase the quantity listed in the
specifications at the same bid price at any time, beginning with the approval of the Board of Trustees of the Killeen Independent School District.
9. The District reserves the right to (1) reject any, part of any, or all bids, (2) award the contract for
any item as it may appear advantageous to the District, and/or (3) waive any informalities or irregularities in the bidding process. In case of tie bids, the District will award according to District policy CH (Legal).
10. District, may at its sole option, extend this bid for an additional sixty (60) days from the date of
expiration, under the same pricing and terms and conditions, if it is determined by the District that additional time is required to avoid a contract lapse.
11. Killeen ISD is a participating member of numerous cooperatives. As such, Killeen ISD has
executed Interlocal Agreements, as permitted under Chapter 791 of the Government Code, with certain other governmental entities authorizing participation in cooperative purchasing programs.
Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance
a. Membership. Killeen ISD is a member in good standing of the Central Texas Purchasing
Alliance (CTPA / txctpa.org), an alliance of over 40 school districts in Texas representing over a million students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements.
b. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made
by Killeen ISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 4 | 11
competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district’s policies. There is no obligation to either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district.
c. Adopted Contract Management. The adopting district shall be responsible for the
management of the new contract and all payments to the contracted Vendor. The originating district shall have no responsibilities under the new contract agreement.
12. In absence of a mutually agreed contract document, it is understood and agreed that, once
Vendor has taken action to fill a purchase order for any or all items, a contract shall thereby be created pursuant to and subject to these standard terms and conditions set forth herein. To the extent a vendor’s terms or conditions differ, District’s terms and conditions shall control.
13. Vendor of Package Goods: Vendor will package goods in accordance with best commercial
practice. Each shipping container shall be clearly and permanently packed as follows: (a) Vendor’s name and address; (b) Consignee’s name, address and purchase order number; (c) Container number and total number of containers, e.g. “box 1 of 4 boxes”; and (d) the number of the container bearing the packing slip. Vendor shall bear cost of packaging unless otherwise provided and agreed to by the District. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. District’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.
14. Shipment Under Reservation Prohibited: Vendor is not authorized to ship goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
15. Title and Risk of Loss: The title and risk of loss of the goods shall not pass to District until District actually receives and takes possession of the goods at the point or points of delivery and has taken action to specifically signify that the District accepts the goods as conforming. Mere acceptance of delivery shall not be acceptance as conforming.
16. No Placement of Defective Tender: Every tender or delivery of goods must fully comply with all
provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Vendor shall not have the right to substitute a conforming tender provided. Where the time for performance has not yet expired, the Vendor may reasonably notify District of his intention to cure and may then make a conforming tender within the contract time but not afterward.
17. Delivery Terms and Transportation Charges: F.O.B. Destination. All freight/delivery charges are
to be included in the line item bid prices. If the shipping and handling costs are not included in the bid price of each line item, the bid cannot be fairly compared and evaluated and it WILL NOT be considered due to being NOT AS SPECIFIED. No additional freight or delivery charge for line items will be paid on invoice unless agreed to by District. No tailgate or curbside deliveries will be permitted; shipment must arrive at destination with proper equipment to make delivery inside District’s building.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 5 | 11
18. District is not liable for orders accepted without a purchase order.
19. Place and Time of Delivery: All materials and equipment shall be delivered to 5708 E. Veterans Memorial Blvd., Killeen, TX 76543 as stated on purchase order unless otherwise authorized by the Director of Purchasing. Vendor shall complete delivery within forty‐five (45) calendar days of issuance of the purchase order. If delays are foreseen, written notice shall be given to the District, which will take the extensions under advisement, and in such event the District, in its sole discretion, may cancel the purchase order without penalty. Vendors should keep the District advised of the status of orders, as failure to meet delivery dates may result in removal from the approved Vendors/vendors list, or may result in the District’s non‐ acceptance or rejection of goods received pursuant to the purchase order at no liability to the District.
20. Inspection Requirements: Final inspection shall be made at the site after delivery. In case of
rejection because of failure to meet contract requirements, or as otherwise provided herein, Vendor shall, without charge, promptly remove such rejected or damaged athletic equipment and replace it by delivering to the same inspection point athletic equipment which meets the contract requirements without any additional expense to the owner for freight or other charges.
21. Invoices and Payments:
a. Vendor shall submit separate invoices on each purchase order after each delivery.
Invoices shall indicate the purchase order number and be itemized, and transportation charges, if any, shall be listed separately. The delivery by Vendor shall be accompanied by a set of commercial invoices (one original and one duplicate copy) on the Vendor’s regular invoice form. Payment will not be made on partial shipments of purchase orders unless the invoice only indicates the items that were shipped. Payments will be made within thirty (30) days. Vendors should keep the District’s Accounts Payable Department advised of any changes in remittance address by providing notice to the following address: Killeen Independent School District, Attn: Accounts Payable, 200 N. W.S. Young Drive, Killeen, TX 76543.
b. As a tax exempt governmental entity, Vendor shall not include taxes in invoices.
22. Gratuities: Vendor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by Vendor for the purpose of securing business. For breach or violation of this warranty, District shall have the right, in addition to any other right or rights, to cancel this contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. If it is determined by District that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Vendor, or any agent or representative of the Vendor, to any officer or employee of the school district with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such a contract the District may terminate this Agreement. In the event this contract is canceled by District, pursuant to this provision, District shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Vendor in providing such gratuities.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 6 | 11
23. Warranty Price: The price to be paid by District shall be that contained in Vendor’s offer which
Vendor warrants to be no higher than Vendor’s current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Vendor breaches this warranty, the prices of the items shall be reduced to Vendor’s current prices on orders by others, or in the alternative, District may cancel this contract without liability to Vendor whatsoever.
24. Warranty Products: Vendor shall not limit or exclude any implied warranties, and any attempt to
do so shall render this contract voidable at the option of the District. Vendor warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the bid invitation and to the sample(s) furnished by Vendor, if any. In the event of a conflict between the specifications, drawings and descriptions, the specifications shall govern.
25. Safety Warranty: Vendor warrants that the product sold to District shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, District may return the product for correction or replacement at Vendor’s expense. In the event Vendor fails to make the appropriate correction within a reasonable time, correction made by District will be at Vendor’s expense.
26. No Warranty by District Against Infringements: As part of this contract for sale, Vendor agrees to
ascertain whether goods manufactured in accordance with the specifications included in this agreement will give rise to the rightful claim of any third person by way of infringement or the like. District makes no warranty that the production of goods according to the specification(s) will not give rise to such a claim, and in no event shall District be liable to Vendor for indemnification in the event that Vendor is sued on the grounds of infringement or the like. If Vendor is of the opinion that an infringement or the like will result, he/she will notify District to this effect in writing within two (2) weeks after signing of this agreement. If District does not receive notice and is subsequently held liable for the infringement or the like, Vendor will indemnify and hold District harmless. If Vendor in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract may be null and void, at District’s sole option, at which time District may pay Vendor the reasonable cost of his/her search as to infringements.
27. Liens: All goods delivered or labor performed under this contract shall be free of all liens and upon request, a formal release of all liens will be delivered to the District. Liens: All goods delivered or labor performed under this contract shall be free of all liens and upon request, a formal release of all liens will be delivered to the District.
28. Termination: The performance of work under this contract may be terminated in whole or in
part by the District in accordance with this provision. Termination of work hereunder shall be effected by the delivery to the Vendor of a “Notice of Termination” specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of District set forth herein.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 7 | 11
The District shall have the right to terminate any Agreement or Contract with or without cause upon 10 days’ notice to Vendor.
Valid causes for termination of this contract by the District for cause include, but are not limited to:
a. Lack of funds by the District. Lack of funds includes, but is not limited to, non‐
appropriation and/or non‐availability of funds. For any proposed multi‐year Agreement by and between the District and any Vendor, should the District’s Board of Trustees not approve funds for such Agreement, the Agreement shall automatically terminate on the last day of the school fiscal year for which funds have been appropriated at no further cost or obligation of the District.
b. Non‐compliance with all federal regulations including, but not limited to the “Contract
Work Hours and Safety Standards Act,” “Equal Employment Opportunity Act,” and the “Energy Policy and Conservation Act” by Vendor.
c. Failure to meet bidding specifications as determined by District.
d. Failure of the successful Vendor to deliver the item(s) within the specified time.
e. Delivery of items on two (2) or more occasions that are rejected by the District.
f. In the event that Vendor becomes insolvent or commits act of bankruptcy.
g. Breach of warranties or service agreements.
h. Breach by Vendor of any term or condition of the contract.
i. Any attempt by the successful Vendor to misrepresent the product or service provided.
(i.e., listing a product as the product ordered on the statement of charges and shipping a non‐approved alternate).
j. Any unethical business practice, or attempt to misrepresent or commit fraud against the
District.
k. Violation or breach of any federal or state law or regulation. If such violation occurs, Vendor may be barred from submitting future to District.
The basis for settlement prior to completion of the contract will, at District’s discretion, be non‐payment to the successful Vendor (Grantee), assessment of liquidated damages, and any other remedy at law or in equity available to District. Vendor agrees that this is a reasonable cost to compensate KISD for time and effort involved in procuring replacement products, goods, or services, which cost would be difficult, if not impossible, to compute with certainty, and does not constitute a penalty. Assessment of liquidated damages does not preclude District from seeking and obtaining other remedies as set forth in this solicitation or any other remedy at law or in equity available to District.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 8 | 11
29. Penalties for Non‐Performance: If, at any time, Vendor fails to fulfill or abide by the terms, conditions, or specifications of the contract, District reserves the right to:
a. Purchase on the open market and charge Contractor the difference between contract
and actual purchase price, or
b. Deduct such charges from existing invoice totals due at the time, or
c. Cancel the contract within ten (10) days by written notification of intent.
30. Right to Assurance: In the event the District, in good faith, has reason to question the Vendor’s intent to perform under the contract, the District may demand that the Vendor provide written assurance of its intent to perform. In the event that a demand is made and no assurance is provided within five (5) business days, the District may treat this failure as an anticipatory repudiation of the contract.
31. The successful Vendor must agree to provide to the school district, the Texas Education Agency,
the Comptroller General of the United States, or any other duly authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The successful Vendor must also agree to maintain all required records for five (5) years after the school district makes final payment and all other pending matters are closed.
32. Pursuant to Texas Education Code § 44.034(a), contractors and sub‐contractors 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. A school district may terminate a contract with a person or business entity if the school district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. TEX. EDUC. CODE § 44.034(b).
Additionally, pursuant to Texas Education Code § 22.0834 and Texas Government Code § 411.082, Vendor will before commencement of services and thereafter at least annually, obtain criminal history record information that relates to an employee, applicant, or agent of Vendor, if the person has or will have continuing duties related to the District, and the duties are or will be performed on the District’s property or at another location where students are regularly present. Vendor shall assume all expenses associated with the background checks, and shall immediately remove any employee or agent who was convicted of a felony or a misdemeanor involving moral turpitude from the District’s property or other location where students are regularly present. The District shall determine what constitutes “moral turpitude” or “a location where students are regularly present.” Vendor understands that failure to comply with the requirements of this section may be grounds for termination of any Agreement.
33. For Vendor or other person doing business with local governmental entity: A Conflict of Interest Questionnaire must be 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).
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 9 | 11
By law, this Questionnaire must be filed with the records administrator of the local governmental entity not later than the seventh (7th) business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006, 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.
34. Possession of firearms, alcohol and/or drugs, even in vehicles, is strictly prohibited on school
district property. The use of tobacco products is not allowed on school district property.
35. The Vendor must comply and agrees to abide by the District’s Board Policies, rules, and regulations and all applicable federal and state laws and regulations to the extent applicable, including but not limited to the following:
a. Contract Work Hours and Safety Standards Act, 40 U.S.C. § 3701‐3708.
b. Equal Employment Opportunity Act.
c. Energy Policy and Conservation Act (P.L. 94‐163).
d. Equal Opportunity and Affirmative Action Employer.
e. “EDGAR” Requirements 2 CFR Part 200 Chapter 2‐18 ‐ 237.
f. The Copeland “Anti‐Kick” Back Act.
g. Davis‐Bacon Act
h. Byrd Anti‐Lobbying Act
i. Family Education Rights and Privacy Act (FERPA)
j. Telephone Consumer Protection Act (TCPA)
k. Protection of Pupil Rights Amendment (PPRA)
l. Children’s Online Privacy Protection Act (COPPA)
Neither party shall discriminate because of race, color, religion, sex, age, national origin, handicap, or status as a Veteran, as defined and prohibited by applicable government law, in the recruitment, selection, training, utilization, promotion, termination, or other employment related activities concerning personnel. In addition, Vendor affirms that it is an equal opportunity and affirmative action employer and shall comply with all applicable federal, state, and local laws and regulations including, but not limited to, Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11750; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination in Employment Act of 1976; and Public Law 95‐507.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 10 | 11
36. Debarment and Suspension (Executive Orders 12549 and 12689): Vendor affirms that it is not listed on the government wide exclusions in the System for Award Management (SAM). 2 CFR § 180.220.
37. Privacy: Contractor shall only use data and information about District employees or District students for the purpose of fulfilling its duties under the Agreement, unless disclosure is permitted and written confirmation is obtained from the KISD Superintendent or designee.
38. Right of Access to Data: Contractor shall maintain and District shall have access at all times to all school related records retained by contractor for the length of the contract. Upon termination of the contract, contractor shall return all education records, as that term is defined in the Family Education Rights and Privacy Act, and then permanently destroy all such records. For all other records, Contractor shall maintain the records for a period of three (3) years from the termination of the agreement. Contractor shall notify KISD, and permit District to obtain copies of, any data prior to Contractor destroying or removing data from their database or records.
39. PCI and NACHA Compliance: To the extent applicable, Vendor is and shall at all times be
compliant with PCI and NACHA requirements. Vendor will at its expense conduct at least annually an audit of its systems by a NACHA authorized auditor, as well as annual and quarterly audits and scans to retain its certification as a PCI Level One Compliant business. Vendor will provide the District the results of the above audits, scans and tests, and will promptly modify its security measures as needed based on those results in order to be compliant with PCI and NACHA requirements.
40. Safeguard Data: Vendor will store and process District data in accordance with commercial best
practices, including appropriate administrative, physical, and technical safeguards, to secure such data from unauthorized access, disclosure, alteration, and use. Such measures will be no less protective than those used to secure Vendor’s own data of a similar type, and in no event less than reasonable in view of the type and nature of the data involved.
41. Data Breach: Immediately upon becoming aware of a Security Breach, or of circumstances that
has resulted in unauthorized access to or disclosure or use of District data, Vendor will notify the District, fully investigate the incident, and cooperate fully with the District’s investigation of and response to the incident. Except as otherwise required by law, Vendor will not provide notice of the incident directly to individuals whose Personally Identifiable Information was involved, regulatory agencies, or other entities, without prior written permission from the District. Vendor shall be responsible for all costs associated with notifying individuals whose personal information has been breached, as required by Texas law.
42. Foreign Storage Prohibited: All data maintained by contractor shall be stored and maintained in
within United States. Foreign (non US) storage of any data related to this agreement is prohibited. This includes backups of data.
43. Indemnification: The Vendor agrees it shall defend, indemnify, and hold harmless the District, its
officers, and its employees against any and all liability, loss, costs, damages, and expenses, including attorney’s fees that the District, its officers, or its employees may hereafter sustain, incur, or be required to pay arising out of the negligent or intentional acts or omissions of the Vendor's officers or employees.
KISD STANDARD TERMS & CONDITIONS 16‐11‐04 PAGE 11 | 11
44. Insurance: The Contractor agrees, in order to protect itself and the District under the indemnity
provision set forth above, to at all times during the term of this contract have and keep in force insurance policies that meet or exceed the limits set forth by the District. Certificates of insurance showing the coverage set forth by the District shall be provided to the District prior to the effective date of this contract, and the District shall be named as an additional insured under the liability policy required above.
45. Force Majeure: If by reason of Force Majeure, either party shall be rendered unable wholly or in
part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within fourteen (14) days after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure, as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, land sinkage, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.
46. Assignment Delegation: No right or interest in this contract shall be assigned or delegation of
any obligation made by Vendor without the written permission of the District. Any attempted assignment or delegation by Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.
47. Waiver: The waiver by either party of a breach of any provision of this Agreement will not be
construed as a waiver of any subsequent breach. The invalidity, in whole or in part, of any provision of this Agreement will not affect the validity of the remaining provisions. Notwithstanding anything contained herein to the contrary, no provision herein may be construed as a waiver of the District’s sovereign immunity.
48. Governing Law and Venue: This Agreement shall be construed and governed in accordance with
the laws of the State of Texas without regard to its choice of law provisions. Both parties agree that venue for any litigation arising from this contract shall lie in Bell County, Texas.
KISD W-9 PACKET 16-03-28 PAGE 1 | 2
KILLEEN INDEPENDENT SCHOOL DISTRICT W-9 PACKET To Whom It May Concern: We request that both the attached W-9 form and the information at the bottom of this page be completed before we issue a check to you. The information provided by you will be used to determine if we are required to file an information return to the Internal Revenue Service at year end. We are not required to file an annual information return, Form 1099 Misc., for you if you are a non-medical corporation, a tax-exempt organization, a governmental agency or other exempt payee (including payments made as refunds or reimbursements). However, the law requires that you provide your Taxpayer Identification Number (TIN) in addition to telling us what kind of payee you are. If you do business as an individual or sole proprietor, your social security number serves as your TIN number. You are required to provide this information under Federal Regulation Section 6109. If you fail to furnish this information, a $50.00 penalty may be imposed by the IRS under section 6723; in addition, all payments we make to you could be subject to 31% backup withholding. Thank you for your prompt attention to this request. Please contact Purchasing Services at 254-336-0104, if you have any questions. Sincerely,
George E. Ybarra George E. Ybarra Director for Purchasing Services Please complete the following information in addition to the attached W-9 Form.
Name: Signature:
Phone number: Fax Number: Do you supply primarily services or materials? (Please circle one)
PRIMARILY SERVICES PRIMARILY MATERIALS NEITHER SERVICES OR MATERIALS If you are not a vendor, are you a (circle one, if applicable)
KISD EMPLOYEE KISD SUBSTITUTE RECEIVING A REFUND OR REIMBURSEMENT
Are you an IRS recognized non-profit organization? (Please circle on) YES NO Please return both forms to: Killeen Independent School District Purchasing Services 2301 Atkinson Ave PO Box 967 Killeen, Tx 76540-0967 Fax: (254) 336-0111
KISD W-9 PACKET 16-12-08 PAGE 2 | 2
Additional information to complete your vendor file at Killeen Independent School District: If your company does business under any other name, has subsidiary companies or different addresses for ordering goods and remitting payment, please complete the following information. Please use and additional page if you need more space.
Name of parent company: Taxpayer ID#: Address of parent company: Address to mail purchase orders: Address to remit payment:
Name of subsidiary company #1: Taxpayer ID#: Address of subsidiary company: Address to mail purchase orders: Address to remit payment:
Name of subsidiary company #2: Taxpayer ID#: Address of subsidiary company: Address to mail purchase orders: Address to remit payment:
Name of subsidiary company #3: Taxpayer ID#: Address of subsidiary company: Address to mail purchase orders: Address to remit payment:
Name of subsidiary company #4: Taxpayer ID#: Address of subsidiary company: Address to mail purchase orders: Address to remit payment:
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.
Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.
General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9.
Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.
By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.
Cat. No. 10231X Form W-9 (Rev. 12-2014)
Sign Here
Signature of U.S. person ▶ Date ▶
Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service
Request for Taxpayer Identification Number and Certification
Give Form to the requester. Do not send to the IRS.
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1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification; check only one of the following seven boxes: Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶
Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.
Other (see instructions) ▶
4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any)
Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) Requester’s name and address (optional)
6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN) Social security number
–
–
Employer identification number
–
Part II Certification
Page 2Form W-9 (Rev. 12-2014)
Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.
In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving
clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty
article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption
from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page
3 for details),
3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did
not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information.
Also see Special rules for partnerships above.
What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.
Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Page 3Form W-9 (Rev. 12-2014)
Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.
Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the “Limited Liability Company” box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the “Limited Liability Company” box and in the space provided enter “C” for C corporation or “S” for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the “Limited Liability Company” box; instead check the first box in line 3 “Individual/sole proprietor or single-member LLC.”
Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or
any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or
instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United
States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures
Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment
Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or
custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup
withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt for . . .
Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012.
Barter exchange transactions and patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be reported and direct sales over $5,0001
Generally, exempt payees 1 through 52
Payments made in settlement of payment card or third party network transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions.
2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state
G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity
registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns.
Line 6 Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.
If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Page 4Form W-9 (Rev. 12-2014)
Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2.
*Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.
For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance.
Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: [email protected] or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).
Visit IRS.gov to learn more about identity theft and how to reduce your risk.
Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished.
2 Circle the minor’s name and furnish the minor’s SSN.
For this type of account:
1. Individual 2. Two or more individuals (joint
account)
3. Custodian account of a minor (Uniform Gift to Minors Act)
4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law
5. Sole proprietorship or disregarded entity owned by an individual
6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A))
For this type of account:
Give name and SSN of:
The individual The actual owner of the account or, if combined funds, the first
1
individual on the account 2
The minor
1
The grantor-trustee
1
The actual owner
3
The owner
The grantor*
Give name and EIN of: 7. Disregarded entity not owned by an
individual The owner
8. A valid trust, estate, or pension trust 4
Legal entity 9. Corporation or LLC electing
corporate status on Form 8832 or Form 2553
The corporation
10. Association, club, religious, charitable, educational, or other tax- exempt organization
The organization
11. Partnership or multi-member LLC The partnership 12. A broker or registered nominee The broker or nominee
13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments
The public entity
14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B))
