Harris County Department of Education (HCDE) RFP Cover Sheet Job No.: 09/005JC Due Date: 11/10/08 DUE NO LATER THAN 1:00 P.M. LATE BIDS WILL NOT BE ACCEPTED Request for Proposal (RFP) for: Amplification Sound System for Harris County Department of Education (HCDE) Choice Facility Partners Division. 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: Jack Cutting – Purchasing Harris County Department of Education 6300 Irvington Blvd., Room 226 Houston, TX 77022-5618 For additional information contact Jack Cutting at (713) 696-0744 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 26 DATE: ________________ TABLE OF CONTENTS Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. 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. __X__ 1. Cover Sheet (page 1) Your company name, address, the total amount of the bid/proposal, and your signature (IN INK) should appear on this page. __X__ 2. Table of Contents (page 2) This page is the Table of Contents. __X__ 3. Terms and Conditions (pages 3-5) You should be familiar with all of the requirements. __X__ 4. Specifications (pages 6-10) This section contains the detailed description of the product/service sought by the HCDE. __X__ 5. Price Delivery Information (page 11) __X__ 6. Attachments (Submittals) Page 2 of 26 __X__ a. Proposal Submission Form (page 12) __X___ b. Felony Conviction Notice (page 13) __X__ c. Bid Certification Sheet (page 14) __X__ d. No Response Form (page 15) __X__ e. References (page 16) __X__ f. Minimum Insurance Requirements (page 17) __X__ g. Amplification Sound System Questionnaire (page 18) __X__ h. Conflict of Interest Questionnaire (page 19-21) __X__ i. HUB Certification (page 22) __X__ j. W-9 Form (page 23-24) __X__ k. Antitrust Certification (page 25) __X__ l. Debarment Certification (page 26) 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. BUY AMERICAN ACT – HCDE and cooperative members have a preference for domestic end products for supplies acquired for use in the United States when spending federal funds. Purchases that are made with non-federal funds or grants are excluded from the Buy American Act. 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 services will be provided on an “as needed” basis, HCDE makes no representation either orally or in writing to the amount of temporary services HCDE will use during the term of the contract(s). 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 shall be FOB destination full freight allowed in Houston, TX & adjoining counties. Shipments outside of this area will be FOB Shipping Point pre-paid and add. Page 3 of 26 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. 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. 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 CFP. CFP will invoice contractor for this participation fee on a monthly basis of gross payments made by the Buyer. Page 4 of 26 QUESTIONS – Questions regarding the requirements specified in this solicitation must be faxed to (713) 694-0732 attn: Jack Cutting 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. RETURN OF PROPOSALS – Proposals once submitted will not be returned. TAXES - HCDE is tax – exempt. Proposals prices should not include taxes. TERMS – Payment terms on all invoices are Net 30 days TIE PROPOSALS - Should a tie occur (i.e., unit price is the same) between a nonresident 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. Page 5 of 26 SPECIFICATIONS Request for Proposal (RFP) for: Amplification Sound System for Harris County Department of Education (HCDE) Choice Facility Partners Division. BACKGROUND The intention of this Request for Proposal (RFP) is to solicit proposals for amplification sound system for Harris County Department of Education (HCDE) Choice Facility Partners Division and any federal, state or local agency authorized to enter into a MOU for said services under the State of Texas Government Code Chapter 791. Interlocal Cooperation Contracts. HCDE is utilizing the Request for Proposal (RFP) method for the procurement of this service in accordance with Texas Governmental Code Section 44.031 Purchasing of Contracts, Item (3) Request for Proposals. For information regarding the proposal process, contact Jack Cutting of the Purchasing Division at (713) 696-0744. TIME TABLE OF RFP: Job advertised – 10/24/08 & 10/27/08 Proposals due – 11/10/08 Estimated award – 12/16/08 SCOPE Functionality Requirements The amplification sound system must be multi-functional with different types of media components and compatible with other sound systems. It should be user friendly by the operator and should be able to be effectively managed and maintained by in-house technology staff. The system must be able to self balance within the room with minimal fade out. The amplification sound system will be utilized in classrooms to provide amplification of the teacher’s voice and also include a pass around student microphone. A typical classroom shall contain four to six speakers ceiling or wall mounted. These speakers should provide uniform sound distribution regardless of the arrangement of teacher and students. All miscellaneous equipment required for a complete, professional installation shall be included in the base bid. No allowances for any additional equipment, hardware, cabling or miscellaneous items will be considered unless specifically excluded from the base bid. Page 6 of 26 The amplification sound system should be compatible with any existing electrical system that a client member currently has installed. Electrical Component Standard: Provide work complying with applicable requirements of NFPA 70 “National Electrical Code” including, but not limited to: 1. Article 250, Grounding 2. Article 300, Part A. Wiring Method 3. Article 310, Conductors for General Wiring 4. Article 725, Remote Control, Signaling Circuits. 5. Article 800, Communication Systems. In addition, all city, county and state codes must be met as applicable. Upon completion of installation, the Manufacturer shall provide initial in-service training with this system. These sessions shall be broken into segments that will facilitate the training of individual users in the operation of this system as directed by client member. System Features There are features that are applicable to the over-all sound system. Please indicate what the system you are proposing has to offer in the following areas. Overall System • • • • • • • • • • • • • • • • Page 7 of 26 Standard Operating frequency Operating range Alternative Carrier Frequencies (IR) Frequency Stability Maximum Deviation Dynamic Range Frequency Response Type of equalizer Signal/Power interface LED power indicator Reception area Wireless Inside and outside use Light weight hand held or lapel microphone Ability to use with computer, audio and video systems, television, DVD and VCR and LCDE projector, screen/white board Wall and ceiling mount speakers Receiver Specifications • Transmission type • Receiver Sensitivity • Reception Selectivity Amplifier Specifications • Power Output • Total Harmonic Distortion • Speaker Load Impedance • Frequency response: • Minimum Dimensions (W x D x H) • Power Supply • Weight • Mounting • Speaker wire Inputs/Outputs • Infrared Sensor • Input power jack • Auxiliary audio with volume control • Mic charge jack • Jacks for external sensor connection Microphone Specifications • Transmission type • Transmitting frequency • Frequency response • Operating range • Distortion • Batteries • Battery life • Weight (with batteries) • Provide dimensions of microphone • User controls Hand Held Microphone/Transmitter • Transmission type • Transmitting frequency Page 8 of 26 • • • • • • Microphone element type Audio distortion Battery Power Battery Life Weight with battery Provide dimensions of microphone Sensor • Type • Operating frequency • Power • Reception Coverage: provide range • Cable • Mounting • Diodes • Sensor wire Please explain any unique features about you equipment. In addition, indicate if your company is a member of any other purchasing cooperative. If so, will you guarantee that Choice Facility Partners (CFP) will receive equal or better pricing than any other purchasing cooperative. Please provide a marketing plan and indicate how you propose to market your products with Choice Facility Partners. Page 9 of 26 EVALUATION CRITERIA Proposals will be evaluated based on the criteria listed below corresponding to requested scope of services: 1. 2. 3. 4. 5. 6. 7. 8. Price Reputation of Vendor Quality of Vendor’s Service Extent to which service meets HCDE needs Vendor’s past relationship with the HCDE Impact on historically underutilized businesses Total long term cost to HCDE Previous work with governmental agencies Total 25% 15% 10% 15% 5% 5% 10% 15% 100% The proposal that receives the highest evaluation score and meets HCDE specifications will be the party receiving the award recommendation. The proposal 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 10 of 26 PRICE DELIVERY INFORMATION Offeror must complete the open boxes using information supplied in the Description section listed above. Multiply “Qty.” X “Unit Price” for “Extension.” I. Proposer: Item Description I. Typical amplification system for a standard classroom/computer lab, 35’ x 26’ (910 net sq. ft.) Typical amplification system for a standard classroom/science lab for elementary school, 36’ x 27’ (972 net sq. ft.) Typical amplification system for a standard classroom/science lab for middle school, 36’ x 40.5’ (1458 net sq. ft.) Typical amplification system for a standard classroom/science lab for high school, 36’ x 54’ (1944 net sq. ft.) II. III. IV. Unit of Measure Qty. Lot 1 Lot 1 Lot 1 Lot 1 Unit Price Percentage off Catalog/Shop Rate V. VI. II. Related Items and Accessories Maintenance Service % $ hr rate Payment Terms: Please provide your payment terms in the space below: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Page 11 of 26 Attachment a. PROPOSAL SUBMISSION FORM RFP NO. 09/005JC Amplification Sound System_for Harris County Department of Education Please Print Whereas on the _____________ day of _____________________________, 2008 (print name of company) ___________________________________________________________________________ has reviewed RFP 09/005JC 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 12 of 26 Attachment b. FELONY CONVICTION NOTICE State of Texas Legislative Senate Bill No. 1 Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into an agreement 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) states “a school district may terminate the agreement 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 agreement” Note: This notice is not required of a Publicly-Held Corporation I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor’s Name:______________________________________________ Authorized Company Official’s Name (Printed or Typed):_________________________ A) My firm is a publicly-held corporation, therefore the above reporting requirement does not apply Signature of Company Official:______________________________________________ B) My firm is not owned nor operated by anyone who has been convicted of a felony Signature of Company Official:______________________________________________ C) My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of individuals:_______________________________________________________ Detail of Conviction(s):____________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Page 13 of 26 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 14 of 26 Attachment d. NO RESPONSE FORM RFP NO. 09/005JC Amplification Sound System County Department of Education (HCDE) Please Print Whereas on the ___________ day of ____________________, 2008 (print name of company) __________________________________________________________________________ has reviewed HCDE’s solicitation No. 09/005JC, 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 15 of 26 Attachment e. References Please provide at least three (3) references (co. name, address, telephone no. and contact) that have used your _________________ in the last 3-4 years. A. ______________________________ ______________________________ ______________________________ ______________________________ B. _______________________________ _______________________________ _______________________________ _______________________________ C. ________________________________ ________________________________ ________________________________ ________________________________ Page 16 of 26 Attachment f. 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. $300,000 each occurrence Limit Bodily Injury and Property Damage Combined $300,000 Products-Completed Operations Aggregate Limit $500,000 Per Job Aggregate $300,000 Personal and Advertising Injury Limit. HCDE shall be named as "additional insured" on commercial general liability policy. C. Automobile Liability Coverage: $300,000 Combined Liability Limits. Bodily Injury and Property Damage Combined. HCDE shall be named as "additional insured" on automobile policy. Page 17 of 26 Attachment g. Amplification Sound System Questionnaire (add additional sheets if necessary) 1. How long has your company been in business providing amplification sound systems? __________________________________________________________________ __________________________________________________________________ 2. How many clients do you currently serve? __________________________________________________________________ __________________________________________________________________ 3. What areas of the state of Texas have you worked in over the last five years? __________________________________________________________________ __________________________________________________________________ 4. Please provide last certified financial statement of your company’s: Balance Sheet and Income Statement 5. What is your firms experience in working with educational and governmental entities? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 6. Do you have 24/hr., 7/day customer service support? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 7. Can the system be installed after hours, weekends to avoid work disruptions? __________________________________________________________________ __________________________________________________________________ 8. What else would you like us to know about your company? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Page 18 of 26 Attachment h. 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, lodging, 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 Linda Pitre Jim Schul Page 19 of 26 Celes Harris Joanie Rethlake Dean Zajicek Les Hooper Alfonso Saldivar Natasha Truitt 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 the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. Form CIQ OFFICE USE ONLY Date Received 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 20 of 26 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity 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 21 of 26 _______________ Date Attachment i. 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 22 of 26 _________________________ Title Attachment j. Form W-9 page 1 of 2 • Revised March 2005 Taxpayer Identification Number Request 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 OR __ __ __ ⎯ __ __ ⎯ __ __ __ __ __ __ ⎯ __ __ __ __ __ __ __ 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. Page 23 of 26 Tax Exempt Entity The United States A state, the District of under 501(a) (includes 501(c)(3), or IRA. or any of its agencies or instrumentalities. Columbia, a possession of the United States, or any of their political subdivisions or agencies. A foreign government 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 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. Instructions continued on Page 2 Page 24 of 26 Attachment k. Antitrust Certification Statement (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and (4) Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. _________________________ Signature Address __________________________ _________________________ __________________________ Printed Name __________________________ _________________________ Position with Company Phone __________________________ Official _________________________ Authorizing Signature Fax __________________________ Bid _________________________ Printed Name Email __________________________ _________________________ Position with Company Vendor Page 25 of 26 __________________________ Bidder Attachment l. Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions This certificate is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7CFR Part 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. (1) The prospective lower tier participant certifies, by submission of the 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 of this proposal. _________________________________________________________________________ Organizations Name PR/Award # or Project Name _________________________________________________________________________ Name and Title of Authorized Representative _________________________________________________________________________ Signature Page 26 of 26
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