4-Appendix 2 - Austin ISD Policy and Provisions REVISION 1-10-20.pdf

Policy and Provisions

Policy Procurement of goods and services shall be made by the method that provides the best value for the District.

This competitive solicitation is either an Invitation for Bids (IFB) or a Request for Proposals (RFP) advertised under Texas Education Code 44.031 and Austin Independent School District policies:

CAA, Fiscal Management- Financial Ethics CH, Purchasing and Acquisition;

CHE, Purchasing and Acquisition- Vendor Relations;

CHF, Purchasing and Acquisition- Payment Procedures;

CHG, Purchasing and Acquisition- Real Property and Improvements; and CHH, Purchasing and Acquisition- Financing Personal Property Purchases.

Individuals or entities considering whether to submit a bid or proposal are encouraged to review the entirety of these policies before submitting a bid or proposal. All can be accessed on Texas Association of School

Board’s (TASB) website https://pol.tasb.org/Home/Index/1146. Selected portions are re-stated here for emphasis.

Ethics “All Trustees, employees, vendors, contractors, consultants, volunteers, and any other parties who are involved in the District’s financial transactions shall act with integrity and diligence in duties involving the District’s fiscal resources.” Policy CAA (Local)

Contacting Board Members “Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract during the restricted contract period. If a vendor violates this prohibition during this time frame, consideration of the vendor for award shall be invalidated. Board members 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 contract by all parties.”

Policy CHE (Local)

Opening Bids

“Bids may be opened only by the Board at a public meeting or by an officer or employee of the District at or in an office of the District. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price.” Local Gov’t Code 271.026, Policy CH (Legal)

“The Board shall have the right to reject any and all bids.” Local Gov’t Code 271.027(a), Policy CH (Legal)

“Bids and proposals may be withdrawn prior to the scheduled time for opening. Bids and proposals received after the specified time shall not be considered. The public and all proposers shall be invited to attend the bid or proposal opening. Competitive sealed proposals shall be opened at the time specified.” Policy CH (Local)

Bid openings and the receipt of proposals will be held at the offices of:

Austin ISD Contract and Procurement Services 4000 South IH-35 Frontage Road Austin, Texas 78704

Bids and proposals are due no later than 2:00 PM on the date indicated in the IFB or RFP.

Appendix 2 https://pol.tasb.org/Home/Index/1146

Factors “In awarding a contract, the district shall consider:

1. Purchase price.

2. The reputation of the vendor and of the vendor’s goods and services.

3. The quality of the vendor’s goods or services.

4. The extent to which the goods or services meet the district’s needs.

5. The vendor’s past relationship with the district.

6. The impact on the ability of the district to comply with laws relating to historically underutilized businesses.

7. The total long-term cost to the district to acquire the goods or services.

8. For a contract that is not for goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the 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.

9. Any other relevant factor specifically listed in the request for bids or proposals.

Education Code 44.031(b), Policy CH (Legal)

Required Contract Provision

“A district may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it does not boycott Israel and will not during the term of the contract. Gov’t Code 2270.002” Policy CH (Legal)

Required Vendor Disclosures “The Texas Ethics Commission shall adopt a conflict of interest questionnaire that requires disclosure of a vendor’s business and family relationships with a district. Local Gov’t Code 176.006(b) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with the district and:

1. Has an employment or other business relationship with a local government officer of the district, or a family member of the officer, described by Local Government Code 176.003(a)(2)(A);

2. Has given a local government officer of the district, or a family member of the officer, one or more gifts with the aggregate value specified by Local Government Code 176.003(a)(2)(B), excluding any gift described by Local Government Code 176.003(a-1); or

3. Has a family relationship with a local government officer of the district.” Policy CH (Legal)

Disclosure of Interested Parties

“A district may not enter into a contract that requires an action or vote of the board before the contract may be signed, or has a value of at least $1 million, or is for services that would require a person to register as a lobbyist under Chapter 305, with a business entity unless the business entity submits a disclosure of interested parties to the district at the time the business entity submits the signed contract to the district. Gov’t Code 2252.908” Policy CH (Legal), Gov’t Code Chapter 305.

Required Form – Certificate of Interested Parties (Form 1295) The disclosure of interested parties must be submitted on a form prescribed by the Texas Ethics

Commission (TEC) that includes a list of each interested party for the contract of which the contracting business entity is aware; and a written, unsworn declaration subscribed by the authorized agent of the contracting business entity as true under penalty of perjury that is in substantially the form set out in Government Code 2252.908(e)(2). Gov’t Code 2252.908(e); 1 TAC 46.5(a)

Encouragement of Small, Local, and HUB Firms’ Participation

“The district shall attempt to include and encourage bids from small and local firms, as well as firms owned or operated by minorities or women. The District shall also promote and encourage race and gender neutral measures to ensure equal opportunity in contracting.” Policy CH (Local)

Recycled Products

“The district shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality.” Policy CH (Legal)

Agricultural Products

“If the cost and quality are equal, the district shall give preference in purchasing to agricultural products, including textiles and other similar products that are produced, processed, or grown in Texas.” Policy CH (Legal)

Vegetation for Landscaping

“If cost is equal and the quality is not inferior, the District shall give preference to Texas vegetation when it purchases vegetation for landscaping purposes.” Policy CH (Legal)

Additional Provisions

1. Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance

A. Membership. Austin ISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA) www.txctpa.org, an alliance of over 120 public 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 Austin 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 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 on either the awarded vendor or the adopting CTPA member district to participate unless both parties agree. Upon mutual agreement of both parties to engage under the terms of the original contract, the vendor agrees to provide the contracted goods and services at the same or better contract pricing and purchasing terms established by the originating district. Minor modifications to the scope of work of the original contract may be allowed to accommodate the adopting district’s needs, as long as such modifications are directly related in nature to the original contract.

C. Document Sharing between Members. To assist an adopting member district in establishing their supporting documentation, the awarded vendor’s response and related documents owned by the originating district may be shared without prior notification to the awarded vendor, unless the vendor at the time of their response to the original solicitation clearly annotates that such sharing of their response is to not occur without prior permission of the vendor.

D. 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 http://www.txctpa.org/ responsibilities under the new contract agreement. Upon adoption of the contract by the adopting CTPA member district, the original term of the contract and any renewal or extension options allowed under the original contract shall then transfer to the adopted contract, and such renewals options may be executed by the adopting member district at its sole discretion and independently of the originating member district’s decision to execute such renewal options on the original contract.

2. Interlocal Agreements with Government Entities

Adoption of Awarded Contracts. Pursuant to the Texas Education Code 44.031 (a) (5), the Interlocal

Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271 of the Texas Local

Government Code, all awards made by Austin ISD may be adopted by other government entities, i.e.

state agencies, local governments and school districts. By adopting a contract from another government entity, the adopting entity has met the competitive bidding requirements established by the Texas

Education Code, Section 44.031(a)(4) and as required by the adopting entity’s policies. There is no obligation on 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 entity.

Adopted Contract Management. The adopting government entity shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating entity shall have no responsibilities under the new contract agreement.

3. Contracts with Vendors Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization prohibited.

Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, Austin ISD is prohibited from entering into a contract for goods and services with a vendor that is on a list prepared and maintained by the Comptroller of the State of Texas as identified under Section 806.051 (companies with business operations in Sudan), Section 807.051 (companies with business operations in Iran) or Section 2253.153 (companies known to have contracts with or provide supplies or services to a foreign terrorist organization).

4. Debarment, Suspension and Ineligibility

Pursuant to Texas Government Code, Chapter 2155.077, Austin ISD shall not solicit offers from, award contracts to, and consent to subcontracts with vendors and its principals that are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas

Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the

General Services Administration.

5. Compliance with Gov’t Code 552.372

The requirements of the Texas Public Information Act, Chapter 552 of the Texas Government Code, Subchapter J, may apply to this bid or contract if it is valued at more than $1 million. The contractor or vendor agrees the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter, including the preservation of all “contracting information”

(as defined in 552.003) and the provision, upon request of the governmental entity with whom you are contracting, of all contracting information. Contracting information includes, but is not limited to, records, communications and other documents related to the bid process, contract, payments, receipts, scope of work/services, and performance.”