Harris County Department of Education (HCDE) RFP Cover Sheet Job No.: 08/012 DG Due Date: 6/25/2008 DUE NO LATER THAN 1:00 P.M. LATE BIDS WILL NOT BE ACCEPTED Request for Proposal (RFP) for: Food Service Equipment, Parts/ Related Items, and Maintenance Service for Purchasing Cooperative. PLEASE NOTE Carefully read entire proposal document and specifications. Complete all forms Submit your bid with all appropriate supplements. Please submit your hard copy proposal in a sealed envelope with job no., description, and marked “SEALED PROPOSAL”. RETURN PROPOSAL TO: Attn: Derek Gillard – Purchasing Harris County Department of Education 6300 Irvington Blvd., Room 223 Houston, TX 77022-5618 For additional information contact Derek Gillard at (713) 696-0786 You must sign below in INK; failure to sign WILL disqualify the offer. All prices and responses must be typewritten or written in ink. Company Name: ____________________________________________________ Company Address: ____________________________________________________ City, State, & Zip ____________________________________________________ Taxpayer I.D. # ____________________________________________________ Telephone # ______________ Fax # ___________ e-mail _______________________ Print Name ____________________________________________________ Signature ____________________________________________________ Your signature attests to your offer to provide the goods and/or services in this proposal according to the published provisions of this Job. Contract is not valid until HCDE Board has approved the award. ACCEPTED BY: __________________________ HCDE Board Approval Page 1 of 45 DATE: ________________ TABLE OF CONTENTS Items checked below represent components which comprise this bid/proposal package. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet. 1. Cover Sheet (page 1) Your company name, address, tax payer id, telephone, fax, email address, and your signature (IN INK) should appear on this page. 2. Table of Contents (page 2) This page is the Table of Contents. 3. Terms and Conditions (pages 3-5) You should be familiar with all of the requirements. 4. Specifications (pages 6-7) This section contains the detailed description of the product/service sought by the HCDE. 5. Price Delivery Information (pages 8-25) 6. Attachments (Submittals) X A. Proposal Submission Form (page 26) X B. Felony Conviction Notice (page 27) X C. Bid Certification Sheet (page 28) X D. No Response Form (page 29) X E. Certification Regarding Debarment, Suspension, etc (page 30) X F. Certification Regarding Lobbying and Instructions (pages 31-33) X G. Clean Air and Water Act (page 34) X H. References (page 35) X I. Minimum Insurance Requirements (page 36) X J. Questionnaire (pages 37-39) X K. Conflict of Interest Questionnaire (pages 40-42) X L. HUB Certification Form (page 43) X M. IRS Form W-9 (pages 44-45) Page 2 of 45 TERMS AND CONDITIONS ASSIGNMENT - Any award made as a result of this solicitation, may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by the vendor. CANCELLATION – HCDE reserves the right to cancel this solicitation. (See paragraph “Financial Responsibility”). CHANGES - Any changes to the requirements specified herein will be communicated to all proposers by the issuance of an addendum. All proposers shall comply with the requirements specified in any addendum issued by HCDE. CUSTOMER REFERENCE LIST – The proposer may be required to submit a customer reference list. CONTRACT TERM – The initial term of the contract will be for a period of one (1) year with HCDE having the option to renew the contract four (4) additional years in one (1) year increments. Consequently, the total term of the contract may be for a period of five (5) years. Because all products will be provided on an “as needed” basis, HCDE makes no representation either orally or in writing to the amount of trailer equipment or related items HCDE will use during the term of the contract(s). Both buyer and sell will negotiate renewal prices at the time of renewal. DISQUALIFICATION - A proposer may be disqualified before or after the proposals are opened, upon evidence of collusion with the intent to defraud, or perform other illegal activities for the purpose of obtaining an unfair competitive advantage. EQUAL OPPORTUNITY – It is the policy of HCDE not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. EXCEPTIONS – Proposers are responsible for identifying any exceptions to the requirements specified herein. Any exceptions must be noted on the proposer’s letterhead and returned with the proposal. Proposals, which are qualified with conditional clauses, items not called for, or irregularities, may be considered non-responsive by HCDE. FOB – All shipments less than 50 lbs shall be made F.O.B. Destination full freight allowed. All shipments over 50 lbs shall be made F.O.B. Origin prepay & add. FINANCIAL RESPONSIBILITY – HCDE assumes no financial responsibility for any costs incurred in developing and submitting a proposal. FORMAT –Proposals shall include one (1) original complete proposal. Proposers are responsible for ensuring their proposal is received at the time and place specified on the cover page. HCDE is not responsible for proposals that arrive late, or proposals that do not have all the required information. INDEMNIFICATION - The vendor shall indemnify and hold harmless HCDE from all liabilities, costs, expenses, attorney fees, fines, penalties or damages for any or claimed infringement of any patents, trademarks, copyright or other corresponding right(s) which is related to any item the vendor is required to deliver. The vendor’s obligation to this clause shall survive acceptance and payment by HCDE. Page 3 of 45 INSURANCE – The successful proposer shall be required to provide HCDE with copies of certificates of insurance, named as additional insured, Texas Workman’s Compensation and General Liability Insurance. INTERPRETATION – This solicitation represents the basis for any award, and supersedes all prior offers, negotiations, exceptions and understandings (whether orally or in writing). The information submitted should be self-explanatory and not require any clarification or additional information. INVOICES – HCDE and cooperative members will be invoiced directly; payment terms are net thirty (30) days. NEGOTIATIONS – Buyer has the right to negotiate deeper discounts if buying in larger quantities than stated in this contract. PENALTIES - If a successful proposer is unable to provide the awarded items at the quoted prices, after the proposal has been opened, HCDE may take the following action(s): • Insist the successful proposer honor the quoted price(s) specified in their respective proposal; • Have the successful proposer pay the difference between their price, and the price of the next acceptable proposal (as determined by HCDE); • Recommend to HCDE’s Board of Trustees the successful proposer no longer be given the opportunity to submit a proposal to HCDE. PERFORMANCE - The successful proposers will use best efforts to provide the services mutually agreed upon. POSTPONEMENT - The time and place established for the receipt of the proposals will not be changed unless otherwise specified (in writing) by HCDE’s Director of Purchasing. PRICES- All prices shall be firm for the contract. All prices quoted shall include a two (2%) percent participation fee to be remitted to HCDE. HCDE will invoice contractor for this participation fee on a quarterly basis of gross sales. QUESTIONS – Questions regarding the requirements specified in this solicitation must be faxed to (713) 696-0732 attn: Derek Gillard no less than three (3) working days before the proposals are due. Questions must be sent on the proposer’s letterhead, dated and signed by an authorized representative of the proposer’s company. HCDE will not answer verbal questions. Any responses to the proposer’s questions will be reduced in writing by HCDE and provided to all proposers. QUALITY - Any order issued as a result of this solicitation will conform to the specification and descriptions identified herein. Unless otherwise specified, the vendor will not deliver substitutes without prior authorization. RESPONSIBLE PROPOSER - A responsible proposer is a proposer who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements (taking into consideration existing business commitments), and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein. RESPONSIVE PROPOSAL - Refers to a proposal that complies with all material and administrative aspects of this solicitation. Page 4 of 45 RETURN OF PROPOSALS – Proposals once submitted will not be returned. TAXES - HCDE is tax – exempt. Proposals prices should not include taxes. TIE PROPOSALS - Should a tie occur (i.e., unit price is the same) between a non-resident proposer and a Texas resident proposer, Purchasing will make an award to the Texas resident proposer, as defined in Vernon’s Annotated Civil Statues Article 601g, Sections 1 and 2. TITLE AND RISK OF LOSS - The title to any item shall pass upon acceptance or payment, whichever is later. WARRANTY – All equipment must be warranted to be free from defects in material and workmanship for a period of one (1) year from manufacturer. Page 5 of 45 SPECIFICATIONS Food Service Equipment, Parts/Related Items and Maintenance Service for Purchasing Cooperative. BACKGROUND The intention of this Request for Proposal (RFP) is to solicit proposals for Food Service Equipment, Parts/Related Items, and Maintenance Service for Purchasing Cooperative. HCDE is utilizing the Request for Proposal (RFP) method for the procurement of this service in accordance with Section 44.031 Purchasing of Contracts, Item (3) Request for Proposals. A pre-proposal conference is scheduled for June 12, 2008, at 9:00 a.m. at 6300 Irvington Blvd., Houston, TX 77022-5618. Attendance is not mandatory but all proposers are highly encouraged to attend in order to have a better understanding of the requirements of this RFP. Persons with disabilities requiring special accommodations should contact Derek Gillard at (713) 696-0786 at least two (2) days prior to the conference. For information regarding the proposal process, contact Derek Gillard of the Purchasing Division at (713) 696-0786. TIME TABLE HCDE anticipates following the time table listed below for this job: 08/012DG Time Table Item 1 2 3 4 5 Activity Job Starts to Advertise (1st run) Job Advertised (2nd run) Pre-proposal Meeting Bids Due Award Date Date 6/6/08 6/9/08 6/12/08 6/25/08 7/15/08 The table above is only an estimate and may vary. EQUIPMENT The Purchasing Cooperative is looking for Food Service Equipment, Parts, Related Items, and Maintenance Service. The equipment listed in this RFP will be used for food preparation, cooking, storage, and/or cleaning in school cafeterias. Although HCDE is referencing a manufacturer’s name we will accept other manufacturers that are equivalent. Vendors may offer brand names that are equal to, or exceed, the quality of the requested brand named product(s). Burden of equivalency rests solely with the vendor. HCDE shall decide if substituted manufacturers are equal. Page 6 of 45 PARTS/RELATED ITEMS Parts will be defined as components used to repair equipment to include consumables such as oil, gaskets, freon, and special tools. The Purchasing Cooperative will also have the option to purchase these parts. Proposers shall provide a percentage discount off of parts catalog pricing in column 1 of the supplied table. Discount can be by manufacturer, commodity, and entire catalog across the board, or any combination. Related Items is defined as all those pieces of equipment and accessories not listed. The Purchasing Cooperative will also have the option to purchase related items not specifically listed. Proposers shall provide a discount off related items by manufacturer, commodity, and entire catalog across the board, or any combination in column 2 of the supplied table. During the course of the contract, contractor shall be allowed to add new product lines and delete those that they no longer represent. This product line update shall take place on a quarterly basis. MAINTENANCE SERVICE All Maintenance Service shall be for one (1) year and include all parts and labor. The Purchasing Cooperative would like vendors to price maintenance/service agreements for food service equipment with the following guidelines: • Agreements should start after initial one (1) year warranty expires. • Response time should be 4-6 hours on-site after service call. • All service work performed should carry a minimum of one (1) year warranty on parts and ninety (90) day warranty on labor. • Work should be performed by a trained certified service technician SHIPPING POINT All shipments less than 50 lbs shall be made F.O.B. destination, full freight allowed. All shipments 50 lbs and over shall be made F.O.B. origin, prepay & add. EVALUATION CRITERIA Proposals will be evaluated based on the criteria listed below corresponding to requested scope of services: 1. Price . 2. Reputation of Vendor (References) 3. Quality of Vendor’s Products and service 4. Extent to which service meets Cooperative’s needs 5. Vendor’s past relationship with the Cooperative 6. Impact on historically underutilized businesses 7. Total long term cost to Cooperative 8. Ability to service cooperative membership across the state of Texas 65 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points Total 100pts. The Purchasing Cooperative is looking to make possible multiple awards to the highest evaluation scores (70/pts or better) that meet HCDE evaluation criteria. The proposal(s) shall remain confidential information until an award decision has been made. After the award has been made, all proposers will be allowed to view proposal results or request bid tabulation results. Page 7 of 45 PRICE DELIVERY INFORMATION I. Equipment. No. Description Manufacturer Model # Qty FOOD MIXER GLOBE SP60P 1-2 GARLAND MCO-GS20-S $ 1 CONVECTION OVEN 1-2 2 CONVECTION STEAMER ACCUTEMP S64803D140 1-2 3 RANGE GARLAND SS686 4 SLICER UNIVEX 9512 RATIONAL SCC-102 ELECTRIC BLODGETT DFG-100 GAS CLEVELAND 24-CGA-10 GAS 5 COMBI OVEN 3-5 3-5 1-2 6 CONVECTION OVEN 1-2 7 CONVECTION STEAMER 1-2 8 STEAM JACKETED KETTLE CLEVELAND KGT-12-T 1-2 9 TILT BRAISING PAN GROEN BPP-40G 1-2 10 WARMER FULL PAN 12X20 ELECTRIC 120 VOLT APW-WYOTT W-3V $ $ $ $ $ $ $ $ $ BUN PAN RACK FOR 18 FULL SZ 18X26 PANS ADVANCE TABCO PR18-3K 3-5 $ 12 MICROWAVE OVEN 1000 WATT S/S W/TOUCH PAD AMANA ALD10T 3-5 $ 13 MARK III SANITECH MARK III 14 MARK II Page 8 of 45 $ 3-5 11 15 Unit Price SANITECH MARK II 1-2 1-2 $ $ No. Description Manufacturer CRESCOR HEATED CABINET, UNIVERSAL ANGLE CRES COR Model or Equivalent Qty H-137-UA12C 1-2 $ 16 ICE MAKER AND BIN W/ FILTER, 500LBS CAP ICE O MATIC ICE0500 3-5 $ 17 II. Unit Price 18 CONVECTION OVEN 19 SLICER GLOBE GC12 3-5 20 MICROWAVE OVEN PANASONIC NE-2157 3-5 21 ICE MAKER MANITOWOC SD-0852A 3-5 22 FOOD PROCESSOR MANHART M2000 1-2 23 40QT FLOOR MIXER HOBART D340 1-2 24 HEATED HOT CABINET CRES COR H-339-214 1-2 25 MOBILE HOT FOOD COUNTER MOD-USERVE MCT-HF5 3-5 MONTAGUE 3-5 EK8-N $ $ $ $ $ $ $ $ Parts and Related Items. Please list your percentage off catalog. Please note items 299-310 have been left blank for you to include other manufacturers not listed your company may represent. If you need more space please attach separate sheet. No. Page 9 of 45 Mfg. 1 ABC Wunderbar 2 Accu-Temp 3 Adamation 4 Admiral Craft Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % No. 5 Advance/Tabco 6 Aero 7 Alston Quality Ind. 8 Alto Sham 9 Amana 10 American Panel 11 American Range 12 Anetsberger Bros 13 Ansul, Inc. 14 APW/Wyott 15 Arctic Air 16 Arctic Temp 17 Arctica 18 19 20 21 22 23 24 25 Page 10 of 45 Mfg. Atlas Metal ATS Seating Automated Merchandising Systems (AMS) Automatic Products Avtec Ayrking Baker's Aid Baker's Pride Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 11 of 45 Mfg. Barker Baxter Berkel Berner Best Value Beverage Air Bevless Corp BKI Blakeslee Blodgett Bloomfield Brass Smith Brewmatic Brown Halco Bunn Cadco Caddy Corp Cal-Mil Cambro Carlisle Carter-Hoffman Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 47 48 49 50 51 52 53 54 55 Mfg. Cashmaster (Intelliscale) Champion Chicago Faucets Chicago Metallic Cleveland CMA Coinco Cold Tech Color Point 56 Cooler Guard 57 58 59 60 61 62 63 64 65 66 Page 12 of 45 Coolerking Conlux Continental Mfg. Continental Refrigerator Cook Tek Cooper Counter Craft Craig Cres cor Crimsco Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % ATTACH LIST FOR FIRM PRICING FOR VARIOUS # OF FILTERS INSTALLED AT ONE LOCATION % % % % % % % % % % % % % % % % % % % % Mfg. No. 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Page 13 of 45 Cuno Curtic Curtron Dean Delfield Detecto Scales Dexter/Russell Dispense Rite Dito Dixie Narco Dormont Mfg. Dough Pro Doyon Equip Duke E-Control Refrigeration Eagle-Metal Master Edge Craft Edlund Eloma Ember Glo Erika Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Page 14 of 45 Mfg. Eurodib Everpure Filters Farberware Federal Industries Fisher Food Warming Equipment Frigidaire Frosty Factory Frymaster FEW/Food Warming Equip Galaxy Galley Garland-Welbilt Gaylord G.E. G.E.T. Gelberg Signs Gemini Bakery Equip Glenco Globe Goldstar Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Page 15 of 45 Mfg. Grainger Grindmaster Groen Grosfillex Hamilton Beach Hardt Equipment Harford Hatco Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % Hobart Section (cooking) (food preparation) (mixers) (ware wash/waste) Hodges Holman Cooking Equip Hood Depot Hoshizaki Hot Food Boxes Howard McCray Hubbel Hussmann No. 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Page 16 of 45 Mfg. IAF-Freshmarx Ice-o-matic Imperial Impinger Ovens Insinger Insinkerator Intedge Intek Mfg Inter-Metro Industries International Cold Storage System International Tableware ISS Shelving Jackson Jade Range Jet-Tech Systems Jordan Kairak Katchall parts of San Jamar Keating Kelmax Corp Kelvinator Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 Page 17 of 45 Mfg. Kevry Corp Kitchen Aid Kloppenberg Ice Disp Kolpak Kool Star Koolco Krowne Kruger Kysor Panels Lakeside Mfg. Lancer Lang Leggett-Platt Legion Libertyware Liftpak, L.C. Lincoln/ Wearever Lockwood Mfg Low Temp Industries Lowe Refrigeration Magic Chef Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 Page 18 of 45 Mfg. Mainstreet Menu Manitowoc Mannhart Marc Refrigeration Market Forge Mars, Inc. Mars Air Door Mars Electronics Master-Bilt Master Disposers McCall McCary Meal Time Meico Menu Mark Menu Quick Merco/Savory Metal Masters F.S. Metcraft Metro Middleby Marshall Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 Page 19 of 45 Mfg. Migali Refrigeration Miroil Mod-U-Serve Moffat Inc. Montague Moyer Diebel Multiplex Mundial National Conveyors Nemco New Age Industrial Nexel Norlake Nu-Vu Oliver Products Pacific Handy Cutter Palmer Hamilton Panasonic Pest Control Piper Products Pitco Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 Page 20 of 45 Mfg. Plastique Plymold Polar King (exterior boxes) Polarware Powersoak/Metcraft Precision Temp Prince Castle Prolon Protech Mats Industries Randell Rankin-Delux Rational Raytek Food Safety Thermometers RDT Redgoat Regal - Pinnacle Revent R.F. Hunter Robot Coup Roper Royal Fixtures Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 Page 21 of 45 Mfg. Royalton Rubbermaid/ Pelouze Salvajor Sani Serv Sanitech (Steam Cleaners) Schematics Graphic Scotsman Seco Select Stainless Sentry9000 (HAACP system) Server Servenal Servolift/Eastern Seymour Silver King Somat Somerset Southbend Spokane Stainless Star Food (reimburseable vending machines) Star Mfg Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 Page 22 of 45 Mfg. Stellar Steam Stero Sterno St. Louis Stainless Stove Parts Sunkist Sur-Step T & S Brass & Bronze Tablecraft Taylor Precision Teknor Apex Thermo-kool Toastmaster Toastwell Traex Traulsen True Refrigeration Tucker Burnguard Turbo-Air U.S. Range Ultrafryer Systems Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 Page 23 of 45 Mfg. Unimac Universal Stainless Univex U-Select-IT (USI) Varimixer Ventmaster Victory Visual Graphic Vollrath Vulcan WA Brown Waring Wells West Bend Westinghouse Whirlpool Win-Holt Winston Industries Wittco Wolf Range WoodStone Percentage Off Parts Catalog Percentage Off Catalog % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % No. Mfg. Percentage Off Parts Catalog Percentage Off Catalog % % 299 % % 300 % % 301 % % 302 % % 303 % % 304 % % 305 % % 306 % % 307 % % 308 % % 309 % % 310 % % 298 Zesto III. Maintenance Service Page 24 of 45 No. Description Qty Value 1 Annual maintenance 1/year Equipment Valued $1 - $999 $ 2 Annual maintenance 1/year Equipment Valued $1000 - $4999 $ 3 Annual maintenance 1/year Equipment Valued $5000 - $9999 $ 4 Annual maintenance 1/year 5 Annual maintenance 1/year 6 Annual maintenance 1/year Equipment Valued $10,000 - $19,999 Equipment Valued $20,000 - $39,999 Equipment Valued $40,000 + Annual Fee $ $ $ IV. Payment Terms: Payment Terms are net thirty (30) days. If applicable, please provide your discount for early payment (i.e. 1% net 5) in the space below: _______________________________________________________________________ _______________________________________________________________________ V. Discount Catalog: Please include your discount catalog and/or price list. ___________________________________________________________________________________ Page 25 of 45 Attachment A PROPOSAL SUBMISSION FORM RFP NO. 08/012 DG Food Service Equipment, Parts, Related Items, and Maintenance Service for Purchasing Cooperative Please Print Whereas on the ___________ day of ________________________, 2008 (print name of company) _____________________________________________________________________has reviewed RFP No. 08/012 DG and has responded in accordance with the terms and conditions therein: ______________________________________ _____________________________________ Street Address City, State, Zip Code ______________________________________ _____________________________________ Telephone Number Fax Number ______________________________________ _____________________________________ Name of Authorized Individual Signature of Authorized Individual Page 26 of 45 Attachment B FELONY CONVICTION NOTICE Section 44.034, Texas Education Code, Notification of Criminal History of Contractor, Subsection (a): “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.” Subsection (b): “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.” Subsection (c): This section does not apply to a publicly held corporation. You must check A, B or C, and sign below: A) Firm is a publicly held corporation; therefore the above reporting requirement does not apply per Section 44.034, Texas Education Code, Subsection (c). Contractor/Firm is not owned nor operated by anyone who has been convicted of a felony. B) C) Contractor/Firm is operated or owned by the following individual(s) who has/have been convicted of a felony: Name of Individuals: _____________________________________________________ Detail of Conviction(s): ___________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Attach additional pages labeled Attachment C2 if required. I, the undersigned or agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the information furnished is true to the best of my knowledge: Contractor’s Name/Company Name: Authorized Official’s Name (Printed or Typed): _______________________________________ Signature: Page 27 of 45 Date: _________________________ Attachment C BID CERTIFICATION SHEET In order for a bid to be evaluated and considered, the following information must be provided. As defined by Texas House Bill 602, a "nonresident bidder" means a bidder whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. I certify that my company is a "resident bidder": Signature: ___________________________ Date: _____________________ -----------------------------------------------------------------------------------------------------------If you qualify as a "nonresident bidder," you must furnish the following information: What is your resident state? (The state your principal place of business is located) ______________________________________________________________ Address (include City, State and Zip Code) (A) Does your "residence state" require bidders whose principal place of business is in Texas to underbid bidders whose residence state is the same as yours by a prescribed amount or percentage to receive a comparable contract? "Residence State" means the state in which the principal place of business is located. Yes______ No______ (B) What is the amount or percentage? __________% I certify that the above information is correct: _______________________________________ _________________________ Typed Name Position ______________________________________ Company Name Page 28 of 45 Attachment D NO RESPONSE FORM RFP NO. 08/012 DG Food Service Equipment, Parts, Related Items, and Maintenance Service for Purchasing Cooperative Please Print Whereas on the __________ day of ____________________, 2008 (print name of company) __________________________________________________________________________ has reviewed HCDE’s solicitation No. 08/012 DG, and elects not to submit a proposal: ______________________________________________ Street Address ______________________________________________ City, State, Zip Code ______________________________________________ Telephone/Fax Number ______________________________________________ Name of Authorized Individual ___________________________________________ Signature of Authorized Individual Page 29 of 45 Attachment E CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Instructions 1. 2. 3. 4. 5. 6. 7. 8. 9. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the form in accordance with these instructions. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms “covered transaction,” “debarred,” “suspended,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction; unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. U. S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (Before completing certification, read attached instructions.) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Organization Name Name and Title of Authorized Representative Signature Page 30 of 45 Date Attachment F CERTIFICATION REGARDING LOBBYING Applicable to grants, Sub-grants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds. Submission of this certifications a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement the undersigned shall complete and submit Standard Form-LLL, SF-LLL “Disclosure of Lobbying Activities” Form in accordance with its instructions (see following page). 16. The undersigned shall required that the language of this certification be included in the award documents for all covered sub awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub recipients shall certify and disclose accordingly. Name/Address of Organization Name/Title of Submitting Official Signature Page 31 of 45 Date INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the Initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employees of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is a/or has been secured to influence the outcome of a covered Federal Action. 2. Identify the status of the covered Federal Action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal Action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub award recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the 1st tier. Sub awards include but are not limited to subcontracts, sub grants, and contract awards under grants. 5. If the organization filing the report in item 4 checks “Sub awardee,” then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal Agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001.” 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contact or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form; print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C 20503. Page 32 of 45 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Approved by OMB 0348-0046 1. Types of Federal Action: 2. Status of Federal Action: 3. Report Type: A. contract A. bid / offer / application A. initial filing B. grant B. initial award B. material change C. cooperative agreement C. post-award For Material Change Only: D. loan year_____ quarter______ E. loan guarantee date of last report_______ F. loan insurance 5. If Reporting Entity in No. 4 is Sub awardee, Enter Name and 4. Name and Address of Reporting Entity Address of Prime: Prime Sub awardee Tier______, if known Congressional District, if known: 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. A. Name and Address of Lobbying Entity(if individual, last name, first name, MI): Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, if applicable:___________ 9. Award Amount, if known: $ B. Individuals Performing Services(including address if different from No. 10a) (last name, first name, MI): (attach Continuation Sheet(s) SF-LLL-A, if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): □ A. retainer $ ___________ □ actual □ planned □ B. one-time fee □ C. commission 12. Form of payment (check all that apply): □ D. contingent fee □ A. cash □ E. deferred □ B. in-kind; specify: nature □ F. other; specify:__________________ 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), or Member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) SF-LLL-A, if necessary) 15. Continuation Sheet(s) SF-LLL-A: □ Yes □ No 16. Information requested through this form is authorized by article 31 U.S.C. section 1352. This Signature: _________________________________ disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was make or entered Print Name:________________________________ into. This disclosure is required pursuant to 31 U.S.C. Title: _____________________________________ 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: _____________________________ inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less Date: ______________________________________ than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form – LLL Page 33 of 45 Attachment G CLEAN AIR AND WATER ACT CLEAN AIR AND WATER ACT CERTIFICATION I certify that my company is in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h). Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMS Circular A-102, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environmental Protection Agency Assistant Administrator for the Enforcement. I (We) the undersigned, agent for the firm, named below certify that the above information is true to the best of my knowledge. Organization Name Name and Title of Authorized Representative Original Signature Date Page 34 of 45 Attachment H References Please provide at least three (3) references (co. name, address, telephone no. and contact) that have used your communication system in the last 3-4 years. 1. Company Name: __________________________________ Address: __________________________________ __________________________________ __________________________________ 2. Contact: __________________________________ Phone Number: __________________________________ E-mail: __________________________________ Company Name: __________________________________ Address: __________________________________ __________________________________ __________________________________ 3. Contact: __________________________________ Phone Number: __________________________________ E-mail: __________________________________ Company Name: __________________________________ Address: __________________________________ __________________________________ __________________________________ Contact: __________________________________ Phone Number: __________________________________ E-mail: __________________________________ Page 35 of 45 Attachment I Minimum Insurance Requirements • The contractor shall, at all times during the term of this contract, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of the contractor. These requirements do not establish limits of the contractor's liability. • All policies of insurance shall waive all rights of subrogation against HCDE, its officers, employees and agents. • Upon request, certified copies of original insurance policies shall be furnished to HCDE. • HCDE reserves the right to require additional insurance should it be deemed necessary. A. Workers' Compensation (with Waiver of subrogation to HCDE) Employer's Liability, including all states, U.S. Longshoremen, Harbor Workers and other endorsements, if applicable to the Project. Statutory, and Bodily Injury by Accident: $100,000 each employee. Bodily Injury by Disease: $500,000 policy limit $100,000 each employee. HCDE shall be named as "additional insured" on workers’ compensation policy. B. Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations, Products Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout, catering and underground damage. o $300,000 each occurrence Limit Bodily Injury and Property Damage combined o $300,000 Products-Completed Operations Aggregate Limit $500,000 per Job Aggregate o $300,000 Personal and Advertising Injury Limit HCDE shall be named as "additional insured" on commercial general liability policy. C. Automobile Liability Coverage: o $300,000 Combined Liability Limits Bodily Injury and Property Damage Combined. HCDE shall be named as "additional insured" on automobile policy. Page 36 of 45 Attachment J Questionnaire (add additional sheets if necessary) 1. How long has your company been in business providing food equipment? _____________________________________________________________________________ _____________________________________________________________________________ 2. Explain in detail the equipment training that will be provided if any. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 3. Explain the standard warranty on new equipment items. _____________________________________________________________________________ _____________________________________________________________________________ 4. Explain the standard warranty on replacement parts. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 5. What is standard lead time for delivery of new equipment items? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Page 37 of 45 6. Are your service technicians uniformed with badges? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 7. What are your customer service hours of operation? _____________________________________________________________________________ _____________________________________________________________________________ 8. Does your company do onsite warranty or out of warranty work? _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________ 9. What makes your company different from your competitors? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 10. Will our account be assigned a dedicated sales representative from your company? If so, who is the contact name? _____________________________________________________________________________ _____________________________________________________________________________ 11. Can your company deliver and/or service all locations within Texas? Please list your regional service/sales centers. _____________________________________________________________________________ _____________________________________________________________________________ Page 38 of 45 12. DELIVERY SERVICE: Please list if you provide delivery on Food Service Equipment, which could include: 1. Inside delivery ______ YES _____ NO 2. Uncrating, set in place, removal of packaging ______ YES _____ NO 3. Installation ______ YES _____ NO 4. Hauling away of existing equipment ______ YES _____ NO 5. Any other special delivery requirements ______ YES _____ NO 13. Does your company provide on-site repair? _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 14. Please explain the various ways our Cooperative members can order from your company. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 15. What is your company’s restocking/return policy? _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 16. What is your company’s procedure for order acknowledgement and confirmation? _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 17. Did you provide a copy of your maintenance service agreement with your proposal? __________________________________________________________________________________ Page 39 of 45 Attachment K CONFLICT OF INTEREST DISCLOSURE STATEMENT HCDE is required to comply with Texas Local Government, Code 176 and Disclosure of Certain Relationships with Local Government Officers. This means any company that does business with HCDE must fill out a Conflict of Interest Questionnaire (CIQ) if the following situation exists: 1. The person has employment or other business relationship with the local government officer or a family member resulting in the officer or family member receiving taxable income. 2. Your company has given one of HCDE’s local government officers or family member one or more gifts (excluding food, logging, transportation, and entertainment) that has an aggregate value of more than $250 in the twelve month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the District. Statements must be filed within seven (7) business days after the officer becomes aware a conflict of interest exists. Below is a listing of current HCDE Board of Trustees (BOT): Mr. Raymond T. Garcia, President Ms. Angie Chesnut, Vice-President Mr. Roy Morales Mr. Louis Evans, III Mr. Michael Wolfe Dr. Robert Peterson Mr. Carl Schwartz Dr. John Sawyer Below is a listing of current local government officers: Jesus Amezcua Janell Baker Karl Boland Curtis Davis Angela Drake Malcolm Greer Celes Harris Les Hooper Deborah Johnson Nathan Jones Michele Kronke Tammy Lanier Peggy McGrane Pam Newman Venetia Peacock Linda Pitre Joanie Rethlake Alfonso Saldivar Dean Zajicek Natasha Truitt Faye Wells Page 40 of 45 Shannon Bishop Jim Davis Richard Griffin Sonny Janczak Doug Kleiner Noemi Lopez Elaine Nichols Gayla Rawlinson Jim Schul John Weber CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of Local Government Code by a person doing business with the governmental entity. Form CIQ OFFICE USE ONLY the Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. day A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Page 41 of 45 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 6. Describe any other affiliation or business relationship that might cause a conflict of interest. ___________________________________________ Signature of person doing business with the governmental entity Page 42 of 45 _______________ Date Attachment L Historically Underutilized Business (HUB) Certification Form Bidding companies that have been certified by the State of Texas as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to this Bid Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. _____I certify that my company has been certified by the State of Texas as a Historically Underutilized Business (HUB), and I have attached a copy of our HUB certification to this form. (Required documentation for recognition as a HUB) _____My company has NOT been certified by the State of Texas as a Historically Underutilized Business (HUB). ______________________________________ Signature of Authorized Representative ______________________________________ Name (Please Print) ______________________________________ Company Name (Please Print) Page 43 of 45 _________________________ Title Attachment M Form W-9 Taxpayer Identification Number Request Revised March 2005 This form may be used only by a U.S. person, including a resident alien. Foreign persons should furnish us with the appropriate Form W-8. The IRS defines a U.S. person as: *a U.S. citizen; *an entity (company, corporation, trust, partnership, estate, etc.) created or organized in, or under the laws of, the United States; *a U.S. resident (someone who has a “green card” or has passed the IRS “substantial-presence test.” For an explanation of the substantial-presence test, please see IRS Pubs. 515 or 519.) Please complete all three parts below. Part 1 - Tax Identification: 1. Name: _________________________________________________________________________________ 2. Enter your Taxpayer Identification Number in the appropriate box. For individuals, this is your social security number (SSN). For other entities, it is your employer identification number (EIN). Social Security Number Employer Identification Number _____ _____ _____ ⎯ _____ _____ ⎯ _____ _____ _____ _____ O R _____ _____ ⎯ _____ _____ _____ _____ _____ _____ _____ IF you are a SOLE PROPRIETOR or SINGLE-OWNER LLC – whether payment is made to a personal name or to a doing business name, you must provide the following: Required: Personal name of owner of the business: ________________________________________________________________________________ Optional: Business name if different from above:__________________________________________________________________________________ IF you assign payment to a third party – such as a factor – provide the following: Required: Your name: _______________________________________________________________________________________________________ Optional: Name of third party: _________________________________________________________________________________________________ Part 2 - Exemption: If exempt from Form 1099 reporting, check your qualifying reason below: Corporation Note that there is no corporate exemption for medical and healthcare payments or payments for legal services. Tax Exempt Entity under 501(a) (includes 501(c)(3), or IRA. The United States or any of its agencies or instrumentalities A state, the District A foreign government of Columbia, a possession of the United States, or any of their political subdivisions or agencies. or any of its political subdivisions or an international organization in which the United States participates under a treaty or Act of Congress. Part 3 - Certification/Signature: Under penalties of perjury my signature certifies that: 1. I am a U.S. person (including a U.S. resident alien). 2. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). 3. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions - You must cross out item 3 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, number 3 above does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual Page 44 of 45 retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. Person completing this form: ______________________________ Phone: ( ) _________________ Signature: ___________________________ ___________Date: _______________________________ Address: ___________________________________________________________________________ City: ___________________________ State: _______ ZIP: _______________________________ Instructions We are about to pay you an amount that may be reported to the Internal Revenue Service (IRS). The IRS will match this amount to your tax return. In order to avoid additional IRS scrutiny, we must provide the IRS with your name and Taxpayer Identification Number. The name we need is the name that you use on the tax return that will report this amount. We are required by law to obtain this information from you. Exempt from backup withholding. On page 2 of this form is a chart showing who is exempt from backup withholding. If you are exempt from backup withholding, indicate the reason why in part 2 of this form, and we will not send you a Form 1099. Penalties Your failure to provide a correct name and Taxpayer Identification Number may subject your payments to 28% federal income tax backup withholding. If you do not provide us with this information, you may be subject to a $50 penalty imposed by IRS under section 6723. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 civil penalty. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Confidentiality If we disclose or use your Taxpayer Identification Number in violation of Federal law, we may be subject to civil and criminal penalties. Page 45 of 45
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