ESBD_File_349383_RFP 2024-012 Proposal Package.pdf

City of Waco, Texas

Request for Proposal RFP No. 2024-012

Purchase of Armored Car for Waco P.D.

Issue Date: February 6, 2024

Closing Date & Time: February 28, 2024, at 2:00 p.m.

Opening Date & Time: February 28, 2024, at 2:05 p.m.

RFP Opening Location:

For Information Contact:

Pre-Proposal Meeting:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas (via Zoom Video Conferencing Only) Please see Page 3

Christopher Hanchard, Purchasing Agent, 254-750-6640

Non-Mandatory meeting via Zoom Link:

February 15, 2:00 P.M.

Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 www.waco-texas.com

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To our valued City of Waco vendors, We are pleased to announce that the City of Waco has partnered with Bonfire Interactive, a Euna Solutions brand, to create a new procurement portal. This portal will enable you to receive notifications of business opportunities and submit bids and proposals to the City of Waco online.

To register your company on the portal, please visit the City of Waco's Bonfire portal website at https:// waco-texas.bonfirehub.com/login and follow the link to the Bonfire vendor registration page.

Registration is free and easy. Please make sure to select the NIGP codes that correspond to your type of business or organization. Our solicitations will be based on these codes and will be matched to vendors and contractors with the same codes.

We are excited about this new initiative to streamline our electronic bid process and we look forward to continuing our relationship with you. Thank you for your interest in doing business with the City of Waco.

If you have any questions, please contact Kasey Gamblin, Purchasing Manager, or any of the Purchasing Agents listed below.

Paul Campos - 254-750-8062, pcampos@wacotx.gov

Daryle Bullard - 254-750-6616, daryleb@wacotx.gov

Chris Hanchard - 254-750-6640, christopherh@wacotx.gov

Sherry Martin - 254-750-8060, sherrym@wacotx.gov

Sincerely, Kasey Gamblin

254-750-8405 kaseyg@wacotx.gov

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BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

PRE BID/ PROPOSAL

BID/ PROPOSAL OPENING

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL INFORMATION

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RFP No. 2024-012 Purchase of Armored Car for Waco P.D.

REGISTER INTEREST

You have received a copy of the above described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: christopherh@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: _________________________________________ Fax:_________________________________

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at:

http://www.waco-texas.com/purchasing-rules.asp.

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 www.waco-texas.com

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TABLE OF CONTENTS

Register Interest form

I. Schedule for Solicitation for Competitive Sealed Proposal II. Contact with City of Waco III. Definitions IV. Requested Services V. Request For Proposals – Submission And Award Procedures

Appendices

A. Pricing Forms

(1) Proposal Pricing Forms

B. Contract Requirements

(1) Sales Tax Information

(2) HB89 Energy Form

(3) HB89 Gun Form

(4) HB89 Israel Form

(5) HB 1295 Information Sheet

(6) Protest Procedure

C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City Charter)

(5) Minority/Women Owned Business

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Resident Certification

(10) Texas Public Information Act

(11) Drug Free Workplace

(12) W-9 Form

D. Specifications

(1) Armored Car Required Specifications

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I. Schedule for Solicitation Competitive Sealed Proposal The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

Issuance of the RFP February 6, 2024 Deadline for questions in 5:00 p.m. February 19, 2024 Proposals due by 2:00 p.m. February 28, 2024 Proposal Opening at 2:05 p.m. February 28, 2024 Evaluation of submission March 1 – March 11, 2024 Interviews or presentations may be conducted.

Tentatively, the final selection decision will be made and submitters will be notified of award by April 5, 2024. This schedule is subject to change by the City.

II. Contact with City of Waco The contact person for this solicitation process is: Chris Hanchard, Purchasing Agent who can be reached at:

Email: christopherh@wacotx.gov Telephone: (254) 750-6640 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent P.O. Box 2570 Waco, Texas 76702-2570

City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Contact with someone other than the Purchasing Agent listed above or his/her designated representative at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login or the City of Waco Website at http://www.waco-texas.com/bids.asp. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

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III. Definitions The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Waco, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Proposal” or “Submission” or “Submittal” refers to a response submitted to an RFP.

(4) “Project Review Committee” means a committee established by the City to review and score the submitted Proposals. The Committee may be composed of City of Waco staff, City Councilmembers, or their designees, or other individuals selected to serve on the committee by the City.

(5) “RFP” means and refers to this Request For Proposals.

(6) “Selected submission” means and refers to the submission sent to the City of Waco by the Selected Firm.

(7) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the services or commodities requested in this solicitation.

(8) “Solicitation” means an RFP issued by the City Waco seeking products or services described in the document.

(9) “Submitter” or “Vendor” or “Proposer” or “Contractor” means a firm that submits a response to a solicitation.

(10) “Contract documents” includes the RFP and all of the Appendices attached to the RFP.

(11) “Day” means a calendar day unless otherwise specifically defined.

(12) “EV” means electric vehicle that uses one or more electric motors for propulsion, and can be powered by batteries, fuel cells, or external sources of electricity.

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IV. REQUESTED SERVICES

A. Scope of Services

The City of Waco is seeking proposals from qualified vendors for the purchase of an armored car for use in the Police Department, as well as tactical operations within Waco P.D. The armored car should be designed to provide maximum protection to the occupants and should be equipped with the latest technology to ensure the safety of the occupants. The armored car should also be equipped with the latest communication systems to ensure that the occupants can communicate effectively with each other and with the outside world.

The vendor should provide a detailed description of the armored car, including its features, capabilities, and specifications. The vendor should also provide a detailed description of the installation process, including the timeline and any necessary permits. The vendor should provide a detailed cost estimate, including all costs associated with the purchase, installation, and maintenance of the armored car. The vendor should also provide a detailed warranty and service agreement, including the length of the warranty and the scope of the service agreement.

The armored car should meet or exceed the attached requirements in Appendix D of this RFP. Due to the custom design of this unit, chassis will be provided by the vendor. If available, the vendor should also provide an alternate bid for an EV version of the chassis.

A digital version of this document can be obtained from the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login or the City of Waco Website at http://www.waco-texas.com/bids.asp.

B. Terms, Conditions, and Requirements

In addition to the specifications for the Project, the attached Appendices include the City’s Contract Requirements.

C. Duration of Service:

It is anticipated by the City of Waco that this will be purchased based on the availability of the equipment and council approval following the completion of this project.

C. Reservations by City: The City of Waco reserves the right to reject any and all submittals. This issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Waco will not reimburse proposers for any costs incurred during the preparation or submittal of responses to this solicitation.

(1) Furthermore, the City expressly reserves the right to:

(a) Waive any defect, irregularity, or informality in any submittal or procedure;

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(b) Extend the solicitation closing time and date;

(c) Reissue this solicitation in a different form or context;

(d) Procure any item by other allowable means;

(e) Waive minor deviations from specifications, conditions, terms, or provisions of the solicitation, if it is determined that waiver of the minor deviations improves or enhances the City’s business interests under the solicitation; and/or

(f) Extend any contract when most advantageous to the City, as set forth in this solicitation.

(g) Retain all proposals submitted and to use any ideas in a proposal regardless of whether or not that proposal is selected.

V. REQUEST FOR PROPOSALS – SUBMISSION AND AWARD

PROCEDURES

A. Requirements

(1) Proposals should be kept to the minimum necessary length to explain the proposer’s attributes and pricing. Typed responses are preferred in Times New Roman, Arial or Calibri font. Responses must be clear and may be subject to disqualification if illegible.

(2) Qualified firms should submit their qualifications through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login. Paper/Physical submissions will still be accepted but must include one (1) electronic copy (CD or Flash Drive) and (1) original and four (4) copies of their statements of qualifications on 8 ½ x 11 paper. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered:

(a) Cover sheet containing RFP number, project name, and proposer’s name, address, and telephone number

(b) A brief company history.

(c) Completed and signed copies of Forms included in Appendix C.

(d) A short narrative of the proposer’s approach to the project and a statement of understanding targeting the specific nature of this project.

(e) Information on the proposer’s current work load and ability to complete the project.

(f) Pricing/Cost Information – Pricing Forms

1. All pricing and cost information is to be submitted less Federal Excise and State of Texas Sales Taxes. A tax exemption certificate will be executed upon request. The City’s federal tax identification number is 1-74-6002468-4.

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(g) Names of the Subcontractors for the major components of the Project

(h) List of Proposer’s and Subcontractors’ experience on projects completed in McLennan County (include value of project and the owner’s phone and email contact information)

(i) List of Proposer’s and Subcontractors’ experience on projects for the City of Waco or other municipalities (include value of project and contact information (phone and email) at the municipality)

(j) List a minimum of five (5) projects that are of similar size and type performed by the Proposer and each Subcontractor (include the value of each project and owner’s phone and email contact information)

(k) List of five (5) references for the Proposer and three (3) references for each Subcontractor.

(l) Resume, project history, and other information on Proposer’s job superintendent for the project.

B. Completeness of Submission

(1) Proposers are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

(2) The proposer must attach all required forms with each submission copy. Forms must be signed by a representative of the proposer authorized to bind the proposer contractually. The proposer must include a statement identifying any exceptions to this RFP or declare that there are no exceptions taken to the RFP.

C. Response Date and Location

Responses to this solicitation must be received by 2:00 p.m. (Central Time) on February 28, 2024. The City prefers that vendors use the new Bonfire portal at https://waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below Via Delivery Services or Personal Delivery to:

Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the proposal due date for U.S. Mail delivery. If the Purchasing Office has not received the proposal by the stated deadline, the proposal will be returned unopened.

All submissions shall be sent to the attention of the Purchasing Agent in a sealed envelope that is clearly marked on the outside as follows:

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“RFP 2024-012 Purchase of Armored Car for Waco P.D.”

Proposals will be opened at 2:05 p.m. (Central Time) on:

February 28, 2024.

Proposers accept all risk of late delivery submissions regardless of instance or fault. A proposal received after the submission deadline will not be considered and will be returned unopened to the submitter.

The City will NOT accept a proposal submitted by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

D. Modification to or Withdrawal of Submission

Submissions cannot be altered or amended after the submission deadline passes.

Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the pricing/cost or terms information. The modification should provide the addition, subtraction, or other modifications so that the final pricing/costs or terms will not be revealed to the City until the sealed proposal is opened.

(2) The written modification may be submitted by electronic transmission (fax or email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must be received by the City prior to the closing time.

(3) If the modification is submitted through an electronic transmission (fax or email), the City must receive an original of the modification document signed by the proposer and submitted to a delivery company (UPS, FedEx, etc.) prior to the proposal closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the proposal, consideration will not be given to the modifications provided in the electronic transmission.

A submission may also be withdrawn by providing the notice in person by a representative of the proposer who can provide proof of his authority to act for the proposer. The representative will be required to execute a receipt reflecting the submission is being withdrawn. If a submission is withdrawn before the submission deadline stated herein, the proposer may submit a new sealed proposal provided the new proposal is received prior to the closing date and time deadline stated on page 1.

This provision does not change the common law right of a submitter to withdraw a submission due to a material mistake in the submission.

E. Submission Validity Period

A submission responding to this RFP signifies the vendor’s agreement that the submission, and the content thereof, are valid for ninety (90) days following the

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F. Cost to Develop Submission

Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the proposer and shall not be reimbursed in any manner by the City.

G. Evaluation Procedures

The proposals will be initially reviewed and evaluated by a Project Review Committee.

Each proposal should be as complete and accurate as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the proposal.

H. Vendor Presentation

The evaluation by the Project Review Committee will be presented to the City Manager or Executive staff, who will determine whether proposers may be invited to make a formal presentation of their proposal and/or sit for a panel interview. There is no obligation for the City to host interviews in order to make the final selection

I. Evaluation Criteria

The following criteria will be used to evaluate the submittals (scoring points available):

RFP Scoring Criteria Scoring Points

Available Proposed Pricing / Fees 10 Manufacturer / Delivery Timeframe: 20

Manufacturer length of Experience: 20

Proposer's references in field of expertise: 20 Service / Support availability: 30

TOTAL AVAILABLE POINTS 100

J. Final Selection

Based on all information reviewed and presentations/interviews (if conducted), the City Manager or Executive staff shall establish the final ranking of the proposals.

(1) During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers.

K. Contact Award and Execution

The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $50,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

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APPENDIX A

Pricing Forms

(1) Pricing Sheet

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ITEM

NO DESCRIPTION EST QTY UNIT UNIT PRICE ITEM AMOUNT

1 BASE BID

1.01 CHASSIS UNIT 1 EA

1.02 ARMORED CAR UPFIT 1 EA

BASE BID SUBTOTAL AMOUNT:

2 ALTERNATE BID: EV CHASSIS

2.01 ELECTRIC VEHICLE CHASSIS 1 EA

2.02 CHARGER ACCESSORIES 1 EA

ALTERNATE BID SUBTOTAL AMOUNT:

TOTAL AMOUNT BID:

PURCHASE OF ARMORED CAR FOR WACO P.D.

BID PROPOSAL FOR

RFP 2024-012

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APPENDIX B

Contract Requirements

(1) Sales Tax Information

(2) HB89 Energy Form

(3) HB89 Gun Form

(4) HB89 Israel Form

(5) HB 1295 Information Sheet

(6) Protest Procedure

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TEXAS SALES TAX EXEMPTION INFORMATION

Under section 151.309 of the Texas Tax Code, the City of Waco is exempt the payment of sales tax. In addition, when the City contracts with a third party to make certain improvements to real property, purchases of materials/consumable items that are physically incorporated into that real property are also exempt from sales tax. In other words, materials and supplies that are entirely consumed or used up on a construction job for the City of Waco can be purchased without paying state and local sales tax. Items qualifying for this exemption must be used up entirely on a job for the City of Waco.

To claim this exemption, a contractor purchasing materials and supplies (as the buyer of the materials and supplies) will have to complete a Texas Sales and Use Tax Exemption Certification form to submit to the seller at the time of the purchase. The exemption form is available on the Texas Comptroller website at:

http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf

(The City of Waco will provide an executed exemption certification to the contractor awarded a construction contract to assist in making claim for the sales tax exemption for materials to be used under that contract.)

In completing the exemption form, a contractor will:

(1) list itself as the purchaser, not the City of Waco;

(2) fill in the name and required information about the seller;

(3) describe the item being purchased or attached order or invoice – the only items included must be items that will be entirely consumed or used in the project for the City of Waco;

(4) state reason for claiming the exemption (suggested wording – “Taxable item purchased for use under contract to improve realty for exempt organization, namely the City of Waco, Texas, for Project or Job No. ___” or “Materials/supplies will be used entirely in an exempt contract for the City of Waco, Texas, for Project or Job No. ___”).

The state statutes and rules related to sales tax can be accessed from the Texas Comptroller website:

http://www.window.state.tx.us/taxinfo/sales/

State statutes regarding sales tax can be found in Texas Tax Code Chapter 151 at:

http://www.capitol.state.tx.us/statutes/docs/TX/content/htm/tx.002.00.000151.00.htm

Rules related to sales tax in the Texas Administrative Code can be found at:

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=3&sch=O&rl=Y 34 TAC Section 3.291 in Subchapter O deals specifically with Contractors.

The above information is being provided to assist contractors and is therefore general in nature. It is not a substitute for advice from the contractor’s attorney or accountant.

PLEASE SIGN AND RETURN WITH BID

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002

State law requires verification from a Company for contracts (which includes contracts formed through purchase orders) involving goods or services: (1) between a government entity and a

Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not boycott energy companies; and

2. Company will not boycott energy companies during the term of the contract.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) "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); and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

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ATTACHMENT A

By signing below, Contractor hereby verifies that Section 2274.002 does not apply to this contract due to the following (check all that apply):

☐ Contractor is a sole proprietor; or

☐ Contractor has less than 10 full-time employees; or

☐ Contract value is for less than $100,000.00.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

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Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

2. Company will not discriminate during the term of the contract against a firearm entity or firearm trade association.

The following definitions apply to this state statute:

(1) " Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile;

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit ;

(3) "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

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(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;

(4) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases;

(5) "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;

(6) "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;

(7) "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.

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

1. Company does not boycott Israel; and

2. Company will not boycott Israel during the term of the contract.

(1) "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;

and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of

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By signing below, Contractor hereby verifies that Section 2271.002 does not apply to this contract

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INFORMATION ABOUT FORM 1295 DISCLOSURE

Beginning January 1, 2016, a business entity entering into a contract which is approved by the Waco City Council for services, goods or other property to be used by the City of Waco was required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website. A Form 1295 may also be required if a contract with the City is changed, amended, extended, or renewed.

House Bill 1295 found in Texas Government Code Chapter 2252 requires a “business entity” that:

(1) enters into a contract which must be approved by the Waco City Council

(2) for services, goods or other property

(3) to be used by the City of Waco to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website.

"Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. It includes for-profit and non-profit entities. A contract with an individual is not a contract with a business entity. A Form 1295 is not required for contracts with a publicly traded business entity, including a wholly owned subsidiary of the business entity.

The Texas Ethics Commission has adopted rules to implement the law and adopted the Certificate of Interested Parties form (Form 1295). The Commission states that it does not have any additional authority to enforce or interpret House Bill 1295 (approved in 2015).

Form 1295 requires disclosure of interested parties (a) who have a controlling interest in a business entity with whom the government entity contracts or (b) who actively participate in facilitating a contract or negotiating the terms of a contract (such as a broker, advisor, or attorney for business entity) if the person receives compensation from the business entity (but is not an employee of the entity) and communicates directly with the governmental entity regarding the contract. A person has a controlling interest if the person: (1) has an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

(2) has membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) serves as an officer of a business entity that has four or fewer officers, or serves as one of the four officers most highly compensated by a business entity that has more than four officers.

Filing Process:

The Texas Ethics Commission has made the filing Form 1295 available on its website as an electronic form at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

A business entity entering into a contract for services, goods or other property with the City of Waco must use that website application to enter the required information on Form 1295 and then print or download a copy of the form. The printed Form 1295 will have unique certification number assigned by the Commission in the upper right part of the Form. An authorized agent of the business entity must sign a printed copy of the Form. The executed Form 1295 must be filed with the City of Waco.

The form can be scanned and emailed to the City, faxed to the City, mailed to the City, or delivered to the City. The City is then required to notify the Commission using the Commission’s website that the Form 1295 has been received by the City. The information from the completed Form 1295 will then be posted on the Commission’s website.

2018/01/18 Form 1295 Information

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PROCEDURE TO PROTEST AWARD RECOMMENDATION

A. If a firm or person believes it is injured as a result of an RFP, a written protest may be filed.

B. The written protest may be delivered to the City’s Purchasing Services Department

(“Purchasing”) in person to the department offices located at 1415 N. 4th St., Waco, Texas, 76707, or by certified mail, return receipt requested, to the following address:

Purchasing Services c/o City of Waco Post Office Box 2570

Waco, Texas 76702-2570 C. The written protest must be filed no later than 5:00 p.m. on the fifth (5th) business day from the date of receipt of notification of the recommendation for the contract award.

D. The written protest must include the following information before it may be considered:

1. Name, mailing address, and business phone number of the protesting party;

2. Identification of the RFB being protested;

3. A precise and concise statement of the reason(s) for the protest which should provide enough factual information to enable a determination of the basis of the protest; and

4. Any documentation or other evidence supporting the protest.

E. In conjunction with the department that requested the RFB, Purchasing will attempt to resolve the protest, which may at Purchasing’s discretion include meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution of each ground addressed in the protest will be provided to the city manager or designee assistant city manager.

F. If the Purchasing is unable to resolve the protest, the protesting party may request the protest be reviewed and resolved by the city manager or designee assistant city manager.

G. A request for the city manager’s review must be in writing and received by the Purchasing within three (3) business days from the date the Purchasing informs the protesting party the protest cannot be resolved. The request for review must be delivered in person to the Purchasing at the address stated above or by certified mail, return receipt requested, to the mailing address stated above.

H. If a protesting party fails or refuses to request a review by the city manager within the three

(3) days, the protest is deemed finalized and no further review by the city is required.

I. Applicable documentation and other information applying to the protest may be submitted by the protesting party to the Purchasing before review by the city manager. If the protesting party requests a review by the city manager, such documentation will be forwarded to the city manager or designee assistant city manager for consideration. The city manager or designee assistant city manager may likewise notify the protesting party or any city department to provide additional information. The decision reached by the city manager or designee assistant city manager will be final, but the protesting party may still appear before the City Council during the Hearing of the Visitors session of a City Council meeting.

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APPENDIX C

Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City Charter)

(5) Minority/Women Owned Business

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Resident Certification

(10) Texas Public Information Act

(11) Drug Free Workplace

(12) W-9 Form

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TEXAS SALES TAX EXEMPTION INFORMATION

Under section 151.309 of the Texas Tax Code, the City of Waco is exempt the payment of sales tax. In addition, when the City contracts with a third party to make certain improvements to real property, purchases of materials/consumable items that are physically incorporated into that real property are also exempt from sales tax. In other words, materials and supplies that are entirely consumed or used up on a construction job for the City of Waco can be purchased without paying state and local sales tax. Items qualifying for this exemption must be used up entirely on a job for the City of Waco.

To claim this exemption, a contractor purchasing materials and supplies (as the buyer of the materials and supplies) will have to complete a Texas Sales and Use Tax Exemption Certification form to submit to the seller at the time of the purchase. The exemption form is available on the Texas Comptroller website at:

http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf

(The City of Waco will provide an executed exemption certification to the contractor awarded a construction contract to assist in making claim for the sales tax exemption for materials to be used under that contract.)

In completing the exemption form, a contractor will:

(1) list itself as the purchaser, not the City of Waco;

(2) fill in the name and required information about the seller;

(3) describe the item being purchased or attached order or invoice – the only items included must be items that will be entirely consumed or used in the project for the City of Waco;

(4) state reason for claiming the exemption (suggested wording – “Taxable item purchased for use under contract to improve realty for exempt organization, namely the City of Waco, Texas, for Project or Job No. ___” or “Materials/supplies will be used entirely in an exempt contract for the City of Waco, Texas, for Project or Job No. ___”).

The state statutes and rules related to sales tax can be accessed from the Texas Comptroller website:

http://www.window.state.tx.us/taxinfo/sales/

State statutes regarding sales tax can be found in Texas Tax Code Chapter 151 at:

http://www.capitol.state.tx.us/statutes/docs/TX/content/htm/tx.002.00.000151.00.htm

Rules related to sales tax in the Texas Administrative Code can be found at:

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=3&sch=O&rl=Y 34 TAC Section 3.291 in Subchapter O deals specifically with Contractors.

The above information is being provided to assist contractors and is therefore general in nature. It is not a substitute for advice from the contractor’s attorney or accountant.

PLEASE SIGN AND RETURN WITH BID

RFP 2024-012 Purchase of Armored Car for Waco P.D. 27 of 62 http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf http://www.window.state.tx.us/taxinfo/sales/ http://www.capitol.state.tx.us/statutes/docs/TX/content/htm/tx.002.00.000151.00.htm http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=3&sch=O&rl=Y through purchase orders) involving goods or services: (1) between a government entity and a

Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not boycott energy companies; and

2. Company will not boycott energy companies during the term of the contract.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) "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); and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of

RFP 2024-012 Purchase of Armored Car for Waco P.D. 28 of 62

RFP 2024-012 Purchase of Armored Car for Waco P.D. 29 of 62

1. Company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

2. Company will not discriminate during the term of the contract against a firearm entity or firearm trade association.

(1) " Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile;

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit ;

(3) "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

RFP 2024-012 Purchase of Armored Car for Waco P.D. 30 of 62 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;

(4) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases;

(5) "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;

(6) "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;

(7) "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.

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RFP 2024-012 Purchase of Armored Car for Waco P.D. 32 of 62

1. Company does not boycott Israel; and

2. Company will not boycott Israel during the term of the contract.

(1) "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;

and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of

RFP 2024-012 Purchase of Armored Car for Waco P.D. 33 of 62

By signing below, Contractor hereby verifies that Section 2271.002 does not apply to this contract

RFP 2024-012 Purchase of Armored Car for Waco P.D. 34 of 62

INFORMATION ABOUT FORM 1295 DISCLOSURE

Beginning January 1, 2016, a business entity entering into a contract which is approved by the Waco City Council for services, goods or other property to be used by the City of Waco was required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website. A Form 1295 may also be required if a contract with the City is changed, amended, extended, or renewed.

House Bill 1295 found in Texas Government Code Chapter 2252 requires a “business entity” that:

(1) enters into a contract which must be approved by the Waco City Council

(2) for services, goods or other property

(3) to be used by the City of Waco to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website.

"Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. It includes for-profit and non-profit entities. A contract with an individual is not a contract with a business entity. A Form 1295 is not required for contracts with a publicly traded business entity, including a wholly owned subsidiary of the business entity.

The Texas Ethics Commission has adopted rules to implement the law and adopted the Certificate of Interested Parties form (Form 1295). The Commission states that it does not have any additional authority to enforce or interpret House Bill 1295 (approved in 2015).

Form 1295 requires disclosure of interested parties (a) who have a controlling interest in a business entity with whom the government entity contracts or (b) who actively participate in facilitating a contract or…