8-Attachment No 8.docx
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- Attached to
- Building Envelope Consulting Services
- Solicitation number
- RFSQ 25-42
- Issued by
- Harris County, Texas
About this file
This attachment provides instructions for completing Form 1295 (Certificate of Interested Parties) as required by Texas Government Code Section 2252.908 for the Building Envelope Consulting Services contract with Houston Community College (HCC). The form requires any business entity entering into a contract with a governmental entity to disclose individuals with controlling interests, defined as anyone with 10% ownership, board members (if 10 or fewer), and officers (the four most highly compensated if more than four officers exist). The requirement extends to intermediaries such as brokers, attorneys, and law firms involved in contract negotiations, and must be filed electronically through the Texas Ethics Commission's online system at ethics.state.tx.us.
The form filing process involves completing the electronic submission, printing the certified copy with a unique certification number, and having it signed by an authorized business agent. Publicly traded entities are exempt from this requirement but must submit a signed statement explaining the exemption. The form includes sections for business entity information, governmental entity details, contract identification and description, interested party disclosure, and an unsworn declaration section. Failure to properly complete and file this form could impact contract award eligibility for the building envelope consulting services that encompass testing, planning, design, construction, investigation, technical studies, analysis, reports, and inspections for HCC facilities.
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Attachment No. 8 Instructions for completing form 1295
Texas Government Code Section 2252.908 requires any business entity that enters into a contract with a governmental entity, like a public community college, to file a Form 1295 naming the people with a controlling interest in the business entity. While the law was designed more for procurement and vendors, the statute applies to any contract which requires Board approval, which would include this Sale and Purchase Contract. The statute also includes disclosing the controlling interests of intermediaries like brokers, attorneys, and law firms who assisted in the negotiation of the contract. A controlling interest in the business is anyone with a 10% ownership interest, board members if the board has 10 or fewer members, and officers (if four or fewer officers) or the four most highly compensated officers (if the business has more than four officers) – their names must be listed on the form. So the Seller and the Seller’s attorney and broker, if any, will have to complete the process (naming everyone with a controlling interest in the form). This form does not apply to publicly traded business entity (if this exception is applicable to the entity contracting with the governmental entity, submit a signed statement that the 1295 Disclosure Form is not applicable and the reason).
Proposers must file Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Proposers must use the filing application on the Texas Ethics Commission’s website to enter the required information on Form 1295. Proposers must print a copy of the completed form, which will include a certification of filing containing a unique certification number. The Form 1295 must be signed by an authorized agent of the business entity.
Please notify the Buyer immediately if you experience any problem while completing this document on the Texas Ethics Commission website.
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
CERTIFICATE OF INTERESTED PARTIES FORM 1295
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.
OFFICE USE ONLY
1 Name of business entity filing form, and the city, state and country of the business entity's place of business.
2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.
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 services, goods, or other property to be provided under the contract.
Name of Interested Party
| City, State, Country (place of business) |
| Nature of Interest (check applicable) |
| Controlling |
| Intermediary |
Check only if there is NO Interested Party.
| 6 UNSWORN DECLARATION | ||
| My name is | , and my date of birth is | . |
My address is , , , , . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct.
| Executed in | County, State of | , on the | day of | , 20 | . |
| (month) | (year) |
Signature of authorized agent of contracting business entity (Declarant)
ADD ADDITIONAL PAGES AS NECESSARY
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017Must file online at www.ethics.state.tx.us/File
File details come from the government source that posted it. Updated .