2-Appendix 1 - Purchasing and Acquisition Vendor Relations Policy CHE-LOCAL accessible.pdf

Austin ISD 227901

Contacting Board Members

Restricted Contact Period

Prohibited Communications

Permissible Communications

DATE ISSUED: 7/5/2018

LDU 2018.08

CHE(LOCAL)-X

Vendors shall not contact Board members individually for the pur-pose of soliciting a purchase or contract during the restricted con-tract period.

If a vendor violates this prohibition during this time frame, consid-eration of the vendor for award shall be invalidated. Board mem-bers shall be notified of possible violations and actions taken.

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 vendor’s rep-resentative, and a Board member, the Superintendent, assistant superintendent, chief, officer, executive director, principal, depart-ment head, director, manager, project manager, or any other Dis-trict representative who has influence on or is participating in the evaluation or selection process is prohibited.

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. Advance the interests of the vendor;

3. Discredit the response of any other vendor;

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

5. Convey a complaint about the solicitation; or

6. Directly or indirectly ask, influence, or persuade a Board member, the Superintendent, assistant superintendent, chief, officer, executive director, principal, department head, direc-tor, manager, project manager, or any other District repre-sentative who has influence on or is participating in the evalu-ation or selection process, to take action or refrain from taking action on any vote, decision, or agenda item regarding the so-licitation at issue.

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

PURCHASING AND ACQUISITION CHE

VENDOR RELATIONS (LOCAL)

1. Communication to the extent the communication relates sole-ly 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 s ubcontrac-tors and general questions regarding HUB pro gram 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 vendor conference;

7. Communication with the District for the purpose of the Dis-trict’s evaluation of the bidder’s proposal, negotiating the scope of work, or engaging in contract negotiations;

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

9. 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.

Other Vendor Participation and Communication

DATE ISSUED: 7/5/2018 2 of 3

LDU 2018.08

CHE(LOCAL)-X

PURCHASING AND ACQUISITION CHE

VENDOR RELATIONS (LOCAL)

Complaints

Violations

Sanctions

Request for Proposal and Bid Invitation

Any person who is aggrieved in connection with a HUB p rogram policy decision may file a complaint in accordance with

GF(LOCAL).

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 w ith the protest procedures in this policy.

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 includ-ed as an incident of breach in each contract.

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

DATE ISSUED: 7/5/2018 ADOPTED: 3 of 3

LDU 2018.08

CHE(LOCAL)-X

Title: Appendix 1 Purchasing and Acquisition Vendor Relations Policy CHE-LOCAL Page Count: 4 pages including this cover page