2-Appendix 1 - Purchasing and Acquisition Vendor Disclosures and Contracts CHE-LOCAL 9.28.23.pdf

Appendix 1 Purchasing and Acquisition: Vendor

Disclosures and Contracts Policy CHE-LOCAL

5 pages including this cover page

Austin ISD 227901

PURCHASING AND ACQUISITION CHE

VENDOR DISCLOSURES AND CONTRACTS (LOCAL)

DATE ISSUED: 9/28/2023 1 of 4

LDU 2023.06

CHE(LOCAL)-X

Adopted:

9/21/2023

Vendors and vendors’ representatives shall not contact Board members or District personnel individually for the purpose of solicit-ing a purchase or contract during the restricted contract period.

If a vendor violates this prohibition during this time frame, consider-ation of the vendor for award shall be invalidated. Board members and the Superintendent shall be notified of possible violations and actions taken.

“Vendor’s representative” shall mean an employee, partner, direc-tor, Board member, or officer of a potential vendor or consultant, lobbyist, actual or potential subcontractor of a vendor, or any other individual or for-profit organization acting through or on behalf of any person seeking an award on behalf of a group of interested in-dividuals or members.

“District personnel” shall mean the Superintendent, assistant su-perintendent, associate superintendent, chief, officer, executive di-rector, principal, department head, director, manager, project man-ager, or other District representative who has influence on or is participating in the evaluation or selection process for a competitive procurement.

The restricted contact period shall begin upon the date of issuance of a solicitation and shall end upon execution of the awarded con-tract by all parties.

In an effort to demonstrate its commitment to ethical procurement and contracting standards, and to improve accountability and pub-lic confidence, all District purchases of goods and services through competitive methods as provided in CH(LEGAL) and CV(LEGAL) shall be subject to a restricted contact period. Except as provided in this policy, communication between a vendor and a vendor’s representative and a Board member or District personnel is prohib-ited.

The Superintendent may invoke the restricted contact period any time for any existing or anticipated procurement of goods or ser-vices.

A vendor and vendor’s representative are prohibited from commu-nications regarding the particular solicitation at issue that are in-tended or reasonably likely to:

1. Provide substantive information regarding the subject of the solicitation;

2. Provide information that would help determine the scope of work, strategic direction, technical specifications, or evalua-

Contacting Board Members and District Personnel

Vendor’s representative

District Personnel

Restricted Contact Period

Prohibited Communications

PURCHASING AND ACQUISITION CHE

VENDOR DISCLOSURES AND CONTRACTS (LOCAL)

DATE ISSUED: 9/28/2023 2 of 4

LDU 2023.06

CHE(LOCAL)-X

Adopted:

9/21/2023 tion criteria of a project in a manner that limits fair and open competition;

3. Advance the interests of the vendor;

4. Discredit the response of any other vendor;

5. Encourage the District to reject a response by a bidder;

6. Convey a complaint about the solicitation; or

7. Directly or indirectly ask, influence, or persuade a Board member, or District personnel, to take action or refrain from taking action on any vote, decision, or agenda item regarding the solicitation at issue.

A vendor and vendor’s representative are permitted to communi-cate with the District regarding the following:

1. Communication to the extent the communication relates solely to a nonsubstantive, procedural matter related to a re-sponse or solicitation;

2. Communication that relates solely to an existing contract be-tween a respondent and the District, even when the scope, products, or services of the current contract are the same or similar to those contained in an active solicitation;

3. Communication with the District’s Office of Contract and Pro-curement Services;

4. Communication with the District’s Historically Underutilized Business (HUB) Program Department to the extent the com-munication relates to obtaining a listing of HUB subcontrac-tors and general questions regarding HUB program compli-ance requirements;

5. Communication between an attorney representing a vendor and an attorney representing the District;

6. Communication with the District in the course of attendance at a vendor conference;

7. Communication with the District’s Office of Contracts and Pro-curement Services for the purpose of the District’s evaluation of the bidder’s proposal;

8. Communications with the District to negotiate the scope of work, or engage in contract negotiations and review and pre-pare the contract;

Permissible Communications

PURCHASING AND ACQUISITION CHE

VENDOR DISCLOSURES AND CONTRACTS (LOCAL)

DATE ISSUED: 9/28/2023 3 of 4

LDU 2023.06

CHE(LOCAL)-X

Adopted:

9/21/2023

9. Communication with the District for the purpose of making a public presentation to the Board; and

10. Communication made during the course of a formal protest hearing related to the solicitation.

Regardless of the above time period, a vendor and a vendor’s rep-resentative who participate in the drafting or development of tech-nical specifications or evaluation criteria for any project are prohib-ited from competing in the solicitation for such project.

A vendor and vendor’s representative shall send all communica-tions, questions, and requests for clarification in writing and ad-dressed to the District’s authorized representative identified in the solicitation. The District shall post responses to vendor questions as an addendum to the solicitation.

Nothing in this policy shall prohibit the District’s representative from initiating contact with a vendor, in writing, for the purpose of obtain-ing clarifying information regarding a solicitation response. The vendor’s response shall be in writing and shall be provided to the District’s authorized representative.

Any person who is aggrieved in connection with a HUB program policy decision may file a complaint in accordance with GF(LO-

CAL).

The following are violations subject to sanctions:

1. Falsely conceal or cover up a material fact or make any false, fictitious, or fraudulent statements, reports, or representations, or make use of any false writing, document, or electronic report knowing the same to contain any false, fictitious, or fraudulent statement.

2. Fraudulently obtain, retain or attempt to obtain, or aid another in fraudulently obtaining, retaining, or attempting to obtain cer-tification status as a HUB.

3. Make false reports regarding payments made to subcontrac-tors or sub-consultants.

Any person who violates the provisions of this section shall be sub-ject to the following sanctions and to the maximum penalties pro-vided by law:

1. The District may bar, suspend, or deem nonresponsive in fu-ture District solicitations and contracts, for a period of up to five years, any bidder or proposer, or contractor or subcon-tractor following notice and an opportunity for a hearing in ac-cordance with the protest procedures in this policy.

Other Vendor Participation and Communication

Complaints

Violations

Sanctions

PURCHASING AND ACQUISITION CHE

VENDOR DISCLOSURES AND CONTRACTS (LOCAL)

DATE ISSUED: 9/28/2023 4 of 4

LDU 2023.06

CHE(LOCAL)-X

Adopted:

9/21/2023

2. The District may, by contract, and where appropriate and law-ful, impose an administrative penalty.

3. In addition to other sanctions available to the District, the vio-lation of any provision of these program rules may be in-cluded as an incident of breach in each contract.

Each request for proposal and bid invitation shall include a copy of this policy.

A contract shall specify a term and shall not state that it may be re-newed automatically. Renewals in one-year increments up to five years may be provided.

Request for Proposal and Bid Invitation

Contract Terms and Conditions