5-06 Required Contract Clauses NON-Federal Funds.pdf

PUR024 Revised February 2025

Required Contract Clauses < Payment to a Company; Non-Federal Funds >

1. Felony Conviction

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.

Texas Education Code 44.034 (a)

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.

Texas Education Code 44.034 (b)

This section does not apply to a publicly held corporation.

Texas Education Code 44.034 (c)

I, the undersigned agent for the company 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.

Company’s Name: ______________________________________________________________________

Company’s Authorized Representative’s Printed Name: _________________________________________

Date: __________________________

Please choose one, per the below listed criteria:

a. My company is not owned or operated by anyone who has been convicted of a felony:

Company’s Authorized Representative’s Signature: _________________________________

Date: ______________________________________________________________________

b. My company is owned or operated by an individual(s) who has/have been convicted of a felony:

Name of felon(s)

Reason for conviction: ________________________________________________________ (Attach additional sheets as necessary)

Company’s Authorized Representative’s Signature: _________________________________

Date: ______________________________________________________________________

c. This company is a publicly held corporation, therefore, we are exempt from this requirement.

Company’s Authorized Representative’s Signature: _________________________________

Date: ______________________________________________________________________

RFP #26-003

2. Debarment

I, the undersigned agent for the company named herein, certify that it and its principals are not suspended or debarred 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.

Company’s Authorized Representative’s Signature: ____________________________________________

Date: _________________________________________________________________________________

3. Antitrust/No Collusion

I represent and warrant that, in accordance with Section 2155.005 of the Texas Government Code, I have not (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, nor (2) communicated directly or indirectly the contents of any offer to El Paso Community College to any competitor or any other person engaged in the same line of business as I.

Company’s Authorized Representative’s Signature: ____________________________________________

Date: _________________________________________________________________________________

4. Israel

Pursuant to the provisions of Texas Government Code Title 10, Subtitle F, Chapter 2271, Company attests that it: 1. does not boycott Israel, and 2. will not boycott Israel during the term of any contract with El Paso Community College for the sale of goods and/or services, or that it is a company that is a sole proprietorship or employees less than 10 full-time employees.

“Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

Company’s Authorized Representative’s Signature: ____________________________________________

Date: _________________________________________________________________________________

5. Firearm Entities

Pursuant to the provisions of Texas Government Code Title 10, Subtitle F, Chapter 2274, Company attests that it: 1. does not have a practice, policy guidance, or directive that discriminates against a firearm entity or firearm trade association, and 2. will not discriminate during the term of the contract against a firearm entity or firearm trade association during the term of any contract with El Paso Community College for the sale of goods and/or services, or that it is a company that is a sole proprietorship or employees less than 10 full-time employees.

“Discriminate against a firearm entity or firearm trade association”: (A) means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” “Firearm” means a weapon that expels a projectile by the action of explosive or expanding gases. “Firearm accessory” means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine. “Firearm entity” means: (A)a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and (B)a sport shooting range as defined by Section 250.001, Local Government Code. “Firearm trade association” means any person, corporation, unincorporated association, federation, business league, or business organization that: (A)is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (B)has two or more firearm entities as members; and (C)is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code.

Company’s Authorized Representative’s Signature: ____________________________________________

Date: _________________________________________________________________________________

6. Energy Companies

Pursuant to the provisions of Texas Government Code Title 10, Subtitle F, Chapter 2276, Company attests that it: 1. does not boycott energy companies, and 2. will not boycott energy companies during the term of any contract with El Paso Community College for the sale of goods and/or services, or that it is a company that is a sole proprietorship or employees less than 10 full-time employees.

“Boycott energy company” means, without an ordinary business purpose, refusing to deal with, terminating business activities, with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).”

Company’s Authorized Representative’s Signature: ____________________________________________

Date: _________________________________________________________________________________

7. Hardening of State Government

Regarding “foreign adversaries” including the People's Republic of China (PRC), the Democratic People's Republic of North Korea (North Korea), the Islamic Republic of Iran (Iran), the Republic of Cuba (Cuba), the Russian Federation (Russia), and Venezuelan politician Nicolas Maduro -

Certification Required by Texas Governor Executive Order GA-48.

Pursuant to Executive Order GA-48 of the Governor of Texas effective November 19, 2024, by making an offer to the District, Company certifies that it and, if applicable, any of its holding companies or subsidiaries, is/are not:

a. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

b. Listed in Section 1260H of the 2021 NDAA; or

c. Owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4; or

d. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4.

[NOTE: Executive Order GA-48 states that a public institution of higher education cannot enter into a new contract, contract extension, or contract renewal for a good or service with any company that meets any of the above-listed criteria. However, if the public institution of higher education can sufficiently demonstrate that (a) the good or service is necessary for the institution of higher education to fulfill a core function that directly benefits Texans and (b) the good or service can only be provided by an entity that meets one of the above-listed criteria, then the public institution of higher education may enter into a new contract, contract renewal, or contract extension with such an entity for no more than one year from November 19, 2024, and never thereafter.]

Company’s Authorized Representative’s Signature:

Date:

END OF DOCUMENT