Hvac Free Printable Purchase Order Forms - DOC by nbi12907

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									                SPRING BRANCH INDEPENDENT SCHOOL DISTRICT
                       Duncan F. Klussmann, Ed.D, Superintendent of Schools

                                  PURCHASING DEPARTMENT
                      1031 Witte Road, Building E, Houston, Texas 77055-6016
                             Phone 713-251-1100 Fax 713.365.5214


                                                          Date:   January 30, 2009


                  NOTICE TO PROPOSERS
The SPRING BRANCH INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as SBISD, is
accepting sealed proposals as specified in this document. Sealed proposals will be received at the
                                                                           nd
office of the Director of Purchasing, SBISD, 1031 Witte Road, Building E (2 Floor), Houston, Texas
77055-6016 until:

                                                          ANNUAL CONTRACT FOR
FEBRUARY 24, 2009        @ 1:30 P.M               for     HVAC SUPPLIES

Proposals will be publicly opened and read immediately following the deadline for receiving the
                                                nd
proposals at 1031 Witte Road, Building E (2 Floor). Any questions pertaining to the proposal
procedure should be addressed to the Bid Specialist at 713-251-1100, extension 1137. Any questions
pertaining to the proposal specifications should be directed to the buyer, either at 713-251-1100, ext.
1107 or email: Tameisha.Davenport@springbranchisd.com.

      PROPOSAL ENVELOPES SHALL BE PLAINLY MARKED
        SEALED PROPOSAL FOR:                                      PROPOSAL NO. 8797P

        ANNUAL CONTRACT FOR HVAC SUPPLIES

        DO NOT OPEN UNTIL: FEBRUARY 24, 2009              @ 1:30 P.M.


Any proposal received later than the specified time, whether delivered in person or mailed, shall be
disqualified.

The evaluation criteria specified herein will be used to determine which of the proposals provide the
best quality for SBISD at the most economical cost. SBISD reserves the right to request post-
proposal modifications, including best and final offers. SBISD reserves the right to accept or reject
any or all proposals, to waive all technicalities (informalities), and to accept the proposal(s) that is
determined to be the most favorable to SBISD. Recognizing that there are important considerations
other than price, SBISD may not necessarily award to the lowest Proposer.

Proposals must be effective for ninety (90) days following deadline for the receipt of proposals.
                                                                                          Page 2 of 23

                                     S C O P E OF P R O P O S A L


It is the intention of the Spring Branch Independent School District (SBISD) to enter into an annual
contract for heating, ventilation, and air conditioning (HVAC) supplies. SBISD intends to award to
multiple vendors due to the number and variety of manufactured systems currently in use throughout
the District.

The contract shall be for a period of one (1) year, April 1, 2009 through March 31, 2010, with the
option to renew annually for an additional two (2) years, if the renewal is agreed to in writing by both
parties.

SBISD requires a wide variety of heating, ventilation and air conditioning supplies and related items to
be purchased for the maintenance of 44 schools and administrative campuses. Typically, these items
are needed for immediate delivery from full line HVAC supply companies who shall be able to provide
the parts, equipment and services described herein. SBISD maintains a Maintenance Parts
Warehouse and Central Warehouse that house several thousand commonly purchased items. Some
of these items will be purchased, as appropriate, from this contract. Suppliers bidding on this contract
shall have available a broad based line of HVAC supplies necessary for the maintenance of buildings
and ancillary and associated equipment and be a full line distributor of HVAC supplies.




ADDENDA TO RFP. SBISD reserves the right to revise and amend the specifications prior to the
date set for the opening. Respondents are requested to clarify any ambiguity, conflict, discrepancy,
omission or other error(s) in the RFP in writing and request modification or clarification desired.
Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to
send addenda issued to the parties known to have been furnished a complete copy of the RFP. All
questions must be received in writing by the Director of Purchasing via fax (713/365-5216) no
later than noon on February 11, 2009. No addenda will be issued later than February 17, 2009,
except an addendum withdrawing the proposal or postponing the opening of the proposal. It is the
responsibility of each Proposer, prior to submitting the proposal, to contact the Purchasing
Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to
the Proposal.




NOTE:

SBISD will be closed for Presidents Day
Monday, February 16, 2009.




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1.0.0    GENERAL TERMS AND CONDITIONS FOR PROPOSALS

1.1.0       APPLICABILITY – These conditions are applicable and form a part of the contract
            documents in each equipment and/or service contract and a part of the terms of each
            purchase order for items of equipment and/or service included in the specifications and
            proposal forms issued herewith.

1.2.0       WITHDRAWAL OF PROPOSALS will not be allowed for a period of 90 days following the
            proposal opening.

1.3.0       SPECIFICATIONS may be those developed by the Using Department or by the
            Manufacturer to represent items of regularly manufactured products.

            1.3.1     DISTRICT SPECIFICATIONS have been developed by the Using Department to
                      show minimal standards as to the usage, materials, and contents based on their
                      needs.

            1.3.2     MANUFACTURER’S SPECIFICATIONS (Design Guide), Whenever an article in
                      this proposal is defined by description as either a proprietary product or by using
                      the name of a manufacturer, the Proposer is encouraged to offer an item which is
                      equal in quality, durability and in full compliance with our Specifications. If the
                      term “equivalent, alternate or equal” is not inserted it shall be implied. The
                      specified article or material shall be understood as descriptive, not restrictive.

1.4.0       QUESTIONS concerning this proposal shall be addressed to the Director of Purchasing,
            SBISD.

1.5.0       PROPOSALS SHALL BE SUBMITTED ON THESE FORMS. Deviations to any
            Conditions and/or Specifications shall be conspicuously noted in writing by the Proposer
            and shall be included with the proposal.

1.6.0       SEALED PROPOSALS ONLY ARE ACCEPTABLE. FAXED PROPOSALS will not be
            accepted by SBISD since the fax process does not provide for the delivery of a sealed
            proposal.

1.7.0       REQUIRED ADDENDA will be issued by SBISD Purchasing Department to all those
            known to have received a complete set of proposal documents.

1.8.0       QUANTITIES REQUIRED are substantially correct. The District reserves the right to
            purchase additional quantities above that stated at the same unit price unless otherwise
            specified by the Proposer.

1.9.0       DELIVERIES required in this proposal shall be freight prepaid F.O.B. destination and
            proposal prices shall include all freight and delivery charges. For shipments designated
            on the purchase order to the SBISD Central Warehouse, delivery hours are 7:00 a.m. to
            3:00 p.m. NO DELIVERIES WILL BE ACCEPTED AFTER 3:00 P.M.

1.10.0      WARRANTY CONDITIONS for all supplies and/or equipment shall be considered
            manufacturer‟s minimum standard warranty unless otherwise agreed to in writing.
            Proposer shall be an authorized dealer, distributor or manufacturer for the product. All
            equipment proposed shall be new unless clearly stated in writing.




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1.0.0       GENERAL TERMS AND CONDITIONS FOR PROPOSALS, continued

1.11.0      SAMPLES, when called for, shall be submitted with the proposal per instructions set forth
            in the Special Terms and Conditions.

            1.11.1     ADDITIONAL SAMPLES needed for a proposal to be evaluated properly shall
                       be delivered within (5) working days from the time the vendor is notified by the
                       Purchasing Department.

            1.11.2     SAMPLE ITEMS from the successful Proposer may be retained for the purpose
                       of determining that the quality and workmanship of the delivered items are
                       comparable to the sample.

1.12.0      THOSE WHO DO NOT PROPOSE are requested to notify the SBISD Purchasing
            Department in writing if they wish to receive future proposals. Failure to do so may result
            in their being deleted from our prospective Proposer list.

1.13.0      EVALUATION OF PROPOSALS takes into account the following considerations: price,
            quality, suitability for the intended use, probability of continuous availability, vendor‟s
            service, safety record, and date of proposed delivery and placement. It is not the policy of
            the SBISD to purchase on the basis of low proposals alone.

1.14.0      DISCLOSURES - By signing this proposal, a Proposer affirms that he/she has not given,
            offered to give, nor intends to give at any time hereafter any economic opportunity, future
            employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant
            in connection with the proposal submitted.

            1.14.1     PROPOSER SHALL NOTE any and all relationships that might be a conflict of
                       interest and include such information with the proposal.

            1.14.2     By signing this proposal, a Proposer affirms that, to the best of his/her
                       knowledge, the proposal has been arrived at independently, and is submitted
                       without collusion with anyone to obtain information or gain any favoritism that
                       would in any way limit competition or give them an unfair advantage over other
                       Proposers in the award of this proposal.

1.15.0      FUNDING OUT CLAUSE. Any contract for the acquisition, including lease, of real or
            personal property is a commitment of the District‟s current revenue only:

            1.    The District retains the continuing right to terminate the contract at the
                  expiration of each budget period during the term of the contract.

            2.    The contract is conditioned on a best efforts attempt by the District to obtain
                  and appropriate funds for payment of the contract.”

1.16.0      ALL CONTRACTS AND AGREEMENTS between Merchants and SBISD shall strictly
            adhere to the statutes as set forth in the Uniform Commercial Code as last amended by
            the American Law Institute in the National Conference of Commissioners on Uniform State
            Laws. Reference: Uniform Commercial Code, latest, Official Text.

1.17.0      CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s)
            executed by the Director of Purchasing after proposals have been awarded.

            1.17.1     Any additional agreements/contracts to be signed by SBISD shall be included
                       with the proposal.



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1.0.0       GENERAL TERMS AND CONDITIONS FOR PROPOSALS, continued

            1.17.2     Prices for all goods and/or services shall be negotiated to a firm amount for the
                       duration of this contract or as agreed to in terms of time frame.

            1.17.3     Tax Exemption: SBISD is exempt from payment of taxes under Chapter 20,
                       Title 122A, Revised Civil Statutes of Texas, for the purchase of tangible
                       personal property.

1.18.0      ASSIGNMENTS AND SUBCONTRACTING: No part of this order may be assigned or
            subcontracted without the prior written approval of SBISD. Payment can only be made to
            the Supplier named in this order.

1.19.0      TERMINATION OF CONTRACT. It is understood that the District retains the option to
            terminate this Agreement for any reason at the end of each contract year without
            pecuniary risk or penalty or at any point during the contract term with evidence of just
            cause. The District agrees that it will provide written notice of termination no later than
            thirty (30) days prior to the end of the contract year or for just cause. The termination will
            become effective and this Agreement shall terminate thirty (30) days following written
            notification of intent.

1.20.0      CONFIDENTIAL INFORMATION OR TRADE SECRETS (Government Code, Article
            252.049). If any of the information is considered to be confidential or a trade secret
            belonging to the Proposer and, if released would give advantage to a competitor or
            Proposer, that information should be filed with the proposal in a separate envelope
            marked “CONFIDENTIAL – DO NOT DUPLICATE WITHOUT PERMISSION”.

1.21.0      VENDOR NON-PERFORMANCE. If at any time, the vendor fails to fulfill or abide by the
            terms and conditions or specifications of the contract, SBISD reserves the right to:

            1.         purchase on the open market and charge the vendor the difference between
                       contract price and actual purchase price, or

            2.         deduct such charges from existing invoice totals currently due, or

            3.         cancel within thirty (30) days written notification of intent and remove the vendor
                       from the active proposal file for a period of time not less than one (1) year.

            4.         re-bid the service/product.

            5.         award to next lower responsible Proposer, if accepted by same.

1.22.0      OTHER REQUIREMENTS. Any problems or discrepancies that are not covered by the
            above requirements should be directed to the Director of Purchasing for a determination or
            clarification prior to any action taken on said problem or discrepancy. If the Contractor
            fails to make such request, no excuse will thereafter be entertained for failure to carry out
            the work in a satisfactory manner.

1.23.0      PROPOSAL DOCUMENTS. Proposals shall be submitted by the Proposers in triplicate;
            one (1) original and two (2) copies, marked as such.




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1.0.0 GENERAL TERMS AND CONDITIONS FOR PROPOSALS, continued


1.24.0         In compliance with Article 5160, V.T.C.S. and Government Code 2253.021, all contracts in
               excess of $25,000 for the construction, alteration or repair of public buildings shall require of
               the successful proposer payment bonds in the full amount of the contract. Performance
               bonds shall be executed when such contracts exceed $100,000.00. Such bonding shall be
               executed by a corporate surety duly authorized to do business in this state and be payable
               to the Spring Branch Independent School District. PROPOSAL BONDS, if required, will be
               referenced in the Special Terms and Conditions Section of the document.


1.25.0 Prior to commencing any work on this Project, Proposer will certify, on the form provided
       herein, that for each employee of Proposer who will have direct contact with students, the
       Proposer has obtained, as required by Texas Education Code Section 22.0834: **

          (a)       national criminal history record information from a law enforcement or criminal justice
                    agency for each employee of Proposer hired before January 1, 2008; and

         (b)        national criminal history record information from the Texas Department of Safety for
                    each employee of Proposer hired on or after January 1, 2008.

         Any employee who will have direct contact with students must not have been convicted of an
         offense identified in Texas Education Code Section 22.085.

**Required only of awarded vendors


1.26.0 ENERGY EFFICIENT REQUIREMENTS
       Spring Branch Independent School District is committed to enhancing the learning
       environment, and to National, State and Local energy conservation and reliability goals.
       Design professionals should consider including innovative features of high
       performance/sustainable/green schools as defined by the Sustainable Building Industry
       Council as facilities that are healthy and productive for students and teachers (acoustic,
       thermal, and visual comfort; natural daylight; superior indoor air quality; safe and secure);
       cost effective (optimized energy performance, life cycle approach to costs of ownership, and
       a commissioning process); and sustainable ( energy conservation; high-performance
       mechanical and lighting systems; environmentally preferable materials; and water-efficient
       design).




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2.0.0    SPECIAL TERMS AND CONDITIONS


2.1.0    CONFLICT OF INTEREST: Pursuant with SBISD Board Policy DBD (Local) SBISD may
         cancel this contract any purchase order issued under this contract for conflict of interest.
         Conflict of interest occurs if any person significantly involved in initiating, negotiating,
         securing, drafting, recommending or creating the contract on behalf of SBISD, is or becomes
         at any time while the contract or an extension or renewal of the contract is in effect, an
         employee of, a consultant to, any other party to the contract, with respect to the subject
         matter of the contract. SBISD shall incur no penalty or further obligation if the contract is
         cancelled for conflict of interest. Cancellation shall be effective when the contractor receives
         written notice of the cancellation, unless the notice specifies a later time. (See 5.0.0)

2.2.0    Contracts resulting from this proposal will neither provide for all small purchases nor will the
         contracts displace existing or future competitive bids and proposals for large categories of
         similar products.

2.3.0    The resulting contracts from this proposal are intended for use when it is not practical to take
         competitive proposals, quotations or bids on individual items due to the variety of items.

2.4.0    The offeror, by signing the RFP, shall certify that pricing offered to SBISD is the lowest
         pricing available to similar customers, and shall remain so throughout the duration of the
         contract.

2.5.0    It is highly desirable that orders shall be delivered within 24 hours after receipt of order 95%
         of the time. SBISD shall be notified if product ordered cannot be shipped within this time
         period to give SBISD the opportunity to secure product elsewhere.

2.6.0    The offeror will be asked to demonstrate electronic interface capabilities. Any electronic
         capabilities to be considered for evaluation shall be available at the time of the proposal and
         shall be included with the Proposal.

2.7.0    Price changes, if required, will be allowed only if manufacturer‟s published price catalog is
         superseded, revised or changed after the contract award. The successful offeror may pass
         on the applicable price increase or decrease to SBISD, provided: (1) the original discount
         remains the same, (2) written notice has been submitted to SBISD Purchasing Dept., and (3)
         along with the identified price list(s) and priced catalog(s) shall be supplied to the SBISD
         Purchasing Department for SBISD review and written approval, prior to implementation of the
         price changes.

2.8.0    Contract administration will most likely consist of the issuance of blanket purchase orders.
         Individual releases against the blanket purchase orders will be authorized to the supplier by
         key staff members of the using departments. These blanket purchase orders will be
         approved by the SBISD Director of Purchasing or Designee. SBISD employees authorized to
         release against a blanket purchase order will be named on the blanket purchase orders.

2.9.0    A delivery document shall be included with all items at time of delivery to the SBISD using
         department. This document shall include the following information:
         a) SBISD purchase order number
         b) SBISD using department and person placing order
         c) Delivery date
         d) Quantity, item description, including manufacturer, part number(s) for materials supplied

         For billing purposes, invoices in duplicate shall be sent to SBISD Accounts Payable per the
         terms of the SBISD purchase orders.



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2.0.0    SPECIAL TERMS AND CONDITIONS, continued

2.10.0 It is the policy of SBISD to comply with the Texas Hazard Communications Act. Therefore, it
       is necessary to require that all suppliers provide SBISD with a Material Safety Data Sheet for
       all items sold to SBISD. This information shall be provided on an OSHA Form 20 Material
       Safety Data Sheet or a suitable equivalent. A separate sheet shall be provided for each
       individual item when purchase is made.

2.11.0 APPROVAL OF PRODUCT SUBSTITUTIONS: If a vendor is awarded the contract for parts
       and is either unable to deliver an item or items as specified on these proposal requirements
       or as specified, the vendor must at once contact the Director of Maintenance or designee,
       located at 1066 Gessner Road, Bldg. A., Houston, TX 77055, Phone: 713-365-5700, Fax:
       713 973-8351, prior to the act of substitution for approval and ultimate delivery. Substituted
       items must be delivered at or below the stated proposal price. The requested substitution
       items shall be of equal or higher quality. The company shall submit in writing the reason for
       the substitutions and substantiation that the requested product is equal or higher quality. The
       Director of Maintenance or his designee shall make the final decision on the acceptance or
       non-acceptance of a requested substitute.
2.12.0 Contractor shall be excused from performance hereunder during the time and to the extent
       that he/she is prevented from obtaining, delivering, or performing in the customary manner,
       by acts of God, fire, war, loss or shortage of transportation facilities, lockout or
       commandeering of raw materials, products, plants or facilities by the government. Contractor
       shall provide Owner satisfactory evidence that non-performance is due to other than fault or
       negligence on his/her part.
2.13.0 All items and services offered shall conform to all applicable Harris County, Local City or
       village, state and federal laws, ordinances, codes and regulations.

2.14.0 PRICING EXTENSION ERRORS: In case of error in the discount of list prices in the offer, unit
       prices shall govern.

2.15.0 In the event the proposal expires before a mutually agreed written and approved contract
       renewal is executed, vendor shall extend the contract on a month-to-month basis by mutual
       written agreement.

2.16.0 It is not the policy of the Spring Branch ISD to award contracts based solely on 'low price'.
       *The following factors are used by SBISD to evaluate the overall 'best value':

             -   Purchase price.
             -   The reputation of the vendor and the vendor‟s goods and services.
             -   The quality of the vendor‟s goods and services.
             -   The extent to which the goods and services meet the District‟s needs.
             -   The vendor‟s past relationship with the District.
             -   The total long-term cost to the District to acquire the goods or services.
             -   Any other relevant factor specifically listed in the request for bids or proposals.

         *per Texas Education Code 44.031(b)




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2.0.0    SPECIAL TERMS AND CONDITIONS, continued

2.17.0 The District will evaluate proposals and select a vendor based on all of the information
       required. While cost is an important factor, it should be understood that the District is not
       under any obligation to accept the lowest proposal. In determining the best proposal, the
       following selection criteria will be used:

         2.17.1 Completeness of the proposal and required forms and attachments,
         2.17.2 The purchase price;
         2.17.3 The reputation of the vendor and the vendor‟s goods and services.
         2.17.4 The Districts previous history of the contractor quality of goods and/or services based
                on past work and references;
         2.17.5 The extent to which the goods and services meet the District‟s needs.
         2.17.6 The total long-term cost to the District to acquire the goods or services.
         2.17.7 Other specific evaluations described herein, including transportation costs;
                ownerships, and/or life cycle costs, (Sections 8 of the Proposal Form)

2.18.0 During the term of the contract, items that may not have been included on the initial proposal
       may be included by mutual agreement of the successful contractor and the District. The
       District shall notify the successful contractor, in writing, of its intent to include new items
       under this contract. The successful contractor must supply, in writing, its prices on the items
       plus any mark-ups or discounts it intends to include in the purchase price.

2.19.0 Proposal may not be considered if a service charge, minimum dollar, or minimum quantity is
       applied.

2.20.0 DRUG FREE SCHOOLS: All SBISD Campuses and Administrative facilities are drug free
       zones. Drug free zones include all the use or being under the influence of intoxicants as
       defined by Section. 401.013 of the State of Texas.

2.21.0 NEW PRODUCTS: New products that meet the scope of work may be added to the contract.
       Pricing shall be equivalent to the percentage discount for other similar products. Contractor
       may replace or add products to the existing contract if it is replacing or supplementing
       products named in the contract, and are equal or superior to the original products offered, is
       discounted in a similar or to a greater degree, and if the products meet the requirements of
       the proposal. SBISD may require additions to be submitted with documentation from User
       Departments demonstrating an interest in, or a potential requirement for, the new product.
       SBISD may reject any additions without cause.

2.22.0 NON-PERFORMANCE: SBISD reserves the right to cancel the whole or any part of this contract
       due to failure by contractor to carry out any obligation, term or condition of the contract. SBISD
       may issue a written deficiency notice to contractor for acting or failing to act in any of the following:
       (See 1.21.0)
          Providing material that does not meet the specifications of the contract;
          Providing material that was not awarded under the contract;
          Failing to adequately provide equipment set forth in the specifications;
          Failing to furnish required materials within a reasonable amount of time;
          Failing to make progress in performance of the contract and/or giving SBISD reason to
           believe that the contractor will not or cannot perform the requirements of the contract;
          Providing materials under the contract prior to receiving a purchase order from SBISD for
           such work; and/or




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2.0.0    SPECIAL TERMS AND CONDITIONS, continued

2.22.0 NON-PERFORMANCE, continued
         2.22.1 Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide
                a satisfactory response to SBISD. Failure to adequately address all issues of concern
                may result in contract cancellation. Upon cancellation under this paragraph, all goods,
                materials, documents, prepared by contractor under the contract shall become the
                property of SBISD on demand.
         2.22.2 CONTRACTOR CANCELLATION: Contractor may cancel this contract at any time
                upon thirty (30) days prior written notice to SBISD or on the yearly anniversary of the
                contract. Termination shall have no effect on projects in progress at the time the
                notice of cancellation is received by SBISD. Contractor shall continue to perform in
                accordance with the requirements of the contract, up to the date of cancellation and as
                directed in the cancellation notice.
2.23.0 FORMATION OF CONTRACT: A response to this solicitation is an offer to contract with SBISD
       based upon the terms, conditions, scope of work, and specifications contained in this request.
       Clarifications, negotiations, if applicable, will become a part of the completed contract if included in
       the final contract document, duly executed by the Contractor and accepted by SBISD. An offer
       does not become a contract unless and until SBISD accepts it. A contract is formed when an
       SBISD Board of Trustees approves the complete offer and the Purchasing Director or Designee
       signs the final notification of award documents.

2.24.0 NOVATION: If contractor sells or transfers all assets or the entire portion of the assets used to
       perform this contract, a successor in interest must guarantee to perform all obligations under this
       contract. SBISD reserves the right to accept or reject any new party. A simple change of name
       agreement will not change the contractual obligations of contractor.

2.25.0 Provide a list of three (3) Texas public agencies (preferably school districts) where work has been
       successfully accomplished in the past five (5) years, for specific goods/services related to this
       solicitation. Provide the name of the public entity, type of project

2.26.0 WORDING IN QUESTION RESPONSE SECTION OF THE PROPOSAL FORM: Proposer
       shall indicate “a percentage (%) discount from published list prices for each commodity where
       requested in proposal document. Details for any and all deviations shall be provided, as
       requested. Deviations may be accepted or rejected by SBISD, and SBISD‟s decision shall be final.




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3.0.0    FELONY CONVICTION NOTICE

                    th
State of Texas 74 Legislative Session of 1995, Chapter 260, Section 76, added Education Code,
Section 44.034, Notification of Criminal History of Contractor:

Subsection (a) states “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) states “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) states “ This section does not apply to 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):



A.       My firm is not owned or operated by anyone who has been convicted of a felony.
         Signature of Company Official:



B.       My firm is owned or operated by the following individual(s) who has/have been convicted of a
         felony:
         Details of Conviction(s):




C.       My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.
         Signature of Company Official:




Signature of Company Official:

Date:



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4.0.0    CERTIFICATE OF RESIDENCY


The State of Texas has passed a law concerning non-resident contractors. This law can be found in
Texas Government Code under Chapter 2252, Subchapter A.
http://www.capitol.state.tx.us/statutes/go/go0225200.html#go001.2252.001. This law makes it
necessary for the SBISD to determine the residency of its bidders. In part, this law reads as follows:

“Section: 2252.001
(3)     „Non-resident bidder‟ refers to a person who is not a resident.

(4)      „Resident bidder‟ refers to a person whose principal place of business is in this state,
         including a contractor whose ultimate parent company or majority owner has its principal
         place of business in this state.

Section: 2252.002
        A governmental entity may not award a governmental contract to a nonresident bidder unless
        the nonresident underbids the lowest proposal submitted by a responsible resident bidder by
        an amount that is not less than the amount by which a resident bidder would be required to
        underbid the nonresident bidder to obtain a comparable contract in the state in which the
        nonresident‟s principal place of business is located.”



I certify that
                                             (Name of Company Bidding)

is, under Section: 2252.001 (3) and (4), a

                    Resident Bidder                               Non-resident Bidder


My or Our principal place of business under Section: 2252.001 (3) and (4), is in the city of

                                                       in the state of                                  .


                                    Signature of Authorized Company Representative


                                                      Print Name


                                    Title                                               Date




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                                                                                          Page 13 of 23
5.0.0    DISCLOSURE: CONFLICT OF INTEREST STATEMENT

        SPRING BRANCH INDEPENDENT SCHOOL DISTRICT – PURCHASING DEPARTMENT

Notice to Vendors:         Conflict of Interest Questionnaire Required by Chapter 176 of the Texas
                           Local Government Code

Effective January 1, 2006, any person or entity who contracts of seeks to contract with SBISD for the
sale or purchase of property, goods, or services (as well as agents of such persons) (hereafter
referred to as Vendors) are required to file a Conflict of Interest Questionnaire with the District. Each
covered person or entity who seeks to or who contracts with SBISD is responsible for complying with
any applicable disclosure requirements. SBISD will post the completed questionnaires on its website.

The Conflict of Interest Questionnaire must be filed:

         No later than the seventh business day after the date that the Vendor begins contract
         discussions or negotiations with the government entity, or submits to the entity an application,
         response to a request for proposal or bid, correspondence, or other writing related to a
         potential agreement with the entity.

         The Vendor also shall file an updated questionnaire not later than September 1 of each year
         in which a covered transaction is pending, and the seventh business day after the date of an
         event that would make a statement in the questionnaire incomplete or inaccurate.

Note: A Vendor is not required to file an updated questionnaire if the person had filed an updated
statement on or after June 1, but before September 1 of the year.

The Conflict of Interest Questionnaire may be downloaded from the SBISD website at
http://www.springbranchisd.com/menu/dept/department.htm.

Completed form should be sent to:

         Spring Branch Independent School District
         Attn: Purchasing Department
         1031 Witte Road, Building E
         Houston, Texas 77055-6016
         Phone: 713-251-1100




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                                                                                       Page 14 of 23
5.0.0    CONFLICT OF INTEREST, continued




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                                                                                                 Page 15 of 23
6.0.0    NO PROPOSAL NOTIFICATION

                          SPRING BRANCH INDEPENDENT SCHOOL DISTRICT
                                      Purchasing Department
                       1031 Witte Road Building E, Houston, Texas 77055-6016


SBISD is interested in receiving competitive pricing on all items it proposals. We place significant value
on quality vendors and we also desire to keep your firm as a Proposer and a supplier of materials,
equipment and/or services; therefore, it is important for us to determine why you are not proposing on
this contract item. We will analyze your response and attempt to determine if future changes are
necessary in our specification development and procedures.

I/WE DID NOT SUBMIT A PROPOSAL FOR THE FOLLOWING REASONS:
(Please place an X by one or more of the reasons listed below.)

1.       Do not supply the requested product/service.

2.       Quantities offered or scope of job is TOO SMALL to be supplied by my company.

3.       Quantities offered or scope of job is TOO LARGE to be supplied by my company.

4.       Specifications are “too tight” or appear to be written around a proprietary product. (Please
         elaborate on this item.)

5.       Cannot proposal against MANUFACTURER on this item.

6.       Cannot proposal against JOBBER on this item.

7.       Time frame for proposing was too short. (Please elaborate on your primary reason for this
         judgment.)

8.       Other




IF YOU DID NOT PROPOSE and wish to remain on the SBISD bid list for this item, please indicate:

                  I wish to remain on the bid list.

                  I do not wish to remain on the bid list.



                  VENDOR SIGNATURE                                                        DATE


                  PRINTED NAME, TITLE                                                     PROPOSAL NO.


                  COMPANY NAME                                                         A/C - PHONE NO.


ADDRESS           CITY              STATE             ZIP                        A/C - FACSIMILE NO.


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                                                                                             Page 16 of 23
 7.0 CERTIFICATION OF CRIMINAL HISTORY RECORD INFORMATION REVIEW BY
 CONTRACTOR-EMPLOYER, APPENDIX A


Certifying Affidavit submitted to:

Name of School District:            _________________________________________
Mailing Address:                    _________________________________________
                                    _________________________________________

Project:                            _________________________________________
                                    _________________________________________



STATE OF TEXAS                       §

COUNTY OF ___________                §



(1)        The undersigned representative, on behalf of the contracting firm identified below, swears and
           affirms to ____________________________ Independent School District (the “District”) that
           such firm has obtained, reviewed and verified, from a law enforcement or criminal justice
           agency, the criminal history record information of all employees hired before January 1, 2008,
           who (a) have or will have continuing duties related to the contracted services, and (b) have or
           will have direct contact with students. Such employees are identified by name on Schedule A
           attached hereto. The undersigned further swears and affirms no employees who meet the
           requirements of (a) and (b) herein and/or identified on Schedule A have been convicted of any
           offense identified in Section 22.085 of the Texas Education Code.

(2)      The undersigned representative, on behalf of the contracting firm identified below, swears and
         affirms to the District, that such firm has obtained, reviewed and verified, from the Texas
         Department of Public Safety criminal clearinghouse, the national criminal history record
         information of all employees hired on or after January 1, 2008, who (a) have or will have
         continuing duties related to the contracted services, and (b) have or will have direct contact with
         students. Such employees are identified by name on Schedule B attached hereto.                 The
         undersigned further swears and affirms no employees who meet the requirements of (a) and (b)
         herein and/or identified on Schedule B have been convicted of any offense identified in
         Section 22.085 of the Texas Education Code.




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                                                                                            Page 17 of 23
 7.0 CERTIFICATION OF CRIMINAL HISTORY RECORD INFORMATION REVIEW BY
 CONTRACTOR-EMPLOYER, APPENDIX A (continued)

(3)      The undersigned firm swears and covenants that no present or future employee will provide
         services to the Project that involve direct contact with students unless and until such employee‟s
         national criminal history record information has been reviewed and cleared as required by

Paragraph (2) above, and an updated Certification has submitted by the contracting firm to the District
with an updated Schedule B identifying such employees. In the event of an emergency, an employee
who has not been previously certified may only provide services that involve direct contact with students
if such employee is escorted by a District representative.

(4)      The undersigned firm swears and covenants that, upon receipt of information, directly or
         indirectly, that any employee of the contracting firm has been convicted of an offense identified
         in Section 22.085 of the Texas Education Code, the contracting firm will immediately remove
         such employee from the Project and notify the District.

(5)      Furthermore, if requested by the District, the name, driver‟s license number, and any other
         information required by the DPS will be submitted to the District for any person on either
         Schedule A or Schedule B.

___________________________, being duly sworn, affirms and certifies that he/she is the

______________________________ (position) of ___________________________ (contracting

firm), and that all statements and acknowledgements contained herein are true and correct, and

that he/she has the authority to bind such firm to the covenants set out above.

                                                      ____________________________________

SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of _____________, _______.

Notary Public                                                State of

My Commission expires




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                                                                                            Page 18 of 23
8.0.0     SUBMITTALS

          Supplier shall submit the following with the proposal:

8.1.0     A complete list of manufacturers and suppliers for which proposer is a Master Distributor and/or
          Distributor, making sure that there is a clear and distinct separation of categories.

8.2.0     A description of available electronic:

          8.2.1   catalog(s),
          8.2.2   ordering system(s),

8.3.0     A hard copy of current priced catalog(s) if they are available.

8.4.0     Bid pricing for catalog items, showing both the list and discount from list price, by individual
          manufacturer. These prices may be either in printed or electronic format or both. If submittal is
          in electronic format only, it must be printable.

8.5.0     All forms, including sections 3.0.0 FELONY CONVICTION NOTICE,

          8.5.1   Section 4.0.0 RESIDENT BIDDER FORM,
          8.5.2   Section 5.0.0 Conflict of Interest Questionnaire,
          8.5.3   Section 6.0.0 No Proposal Form, (in the event you do not wish to offer a proposal and
                  wish to remain on the Bidders List.)
          8.5.4   Section 7.0.0, Criminal History Certification Form
          8.5.5   Section 9.0.0, Proposal Form

8.6.0     REFERENCES: Each Offeror must provide at least three (3) school district or business
          references for which merchandise have been provided by your company. Please include all
          information requested below:

1.      District/company Name:

     Address:                                                   Telephone No.:

     Contact Person:                                            Title:

     Date Product(s) Sold:                                      Item(s) Sold:

2.   District/company Name:

     Address:                                                   Telephone No.:

     Contact Person:                                            Title:

     Date Product(s) Sold:                                      Item(s) Sold:

3.   District/company Name:

     Address:                                                   Telephone No.:

     Contact Person:                                            Title:

     Date Product(s) Sold:                                      Item(s) Sold:



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                                                                                                Page 19 of 23
9.0.0    PROPOSAL FORM

SBISD BUSINESS HOURS are Monday through Friday, 7:00 a.m. until 4:30 p.m.

9.1.0    BUSINESS HOURS AND SUPPLY CAPABILITIES

9.1.1    What are the normal business hours at the nearest distribution center?

         7:00 a.m. until 4:30 p.m.         Yes                 No
         If not as above, please detail hours:

9.1.2    Do you have after hour and weekend supply capabilities?

         Yes               No

         Describe


9.1.3    Do you have hot-shot capabilities during regular hours for items under 100 pounds?

         Yes               No
                                                      Cost
         One (1) Hour                                 $
         Three (3) Hour                               $
         Five (5) Hour                                $
         Same Day                                     $

9.1.4    Do you have hot-shot capabilities for after-hour and weekend supply?

         Yes               No

                                                      Cost
         One (1) Hour                                 $
         Three (3) Hour                               $
         Five (5) Hour                                $
         Same Day                                     $


9.2.0    LOCATION OF DISTRIBUTION CENTERS

9.2.1    What is the address of the nearest distribution center?




9.2.2    What is the location address of the alternate distribution center if stock is not available at the
         nearest location?




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                                                                                             Page 20 of 23

9.0.0    PROPOSAL FORM, continued

9.3.0    DELIVERY

9.3.1    Does the offeror guarantee that deliveries shall be made within 24 hours 95% of the time after
         receipt of the order?

         Yes               No

9.3.2    If no, what is the guaranteed delivery time for 95% of the orders?



9.4.0    LINE ITEMS IN INVENTORY STOCK

9.4.1    How many line items are in inventory stock at the nearest distribution center?



9.4.2    How many line items are in inventory stock at your alternate distribution center?




9.5.0    PRICING

9.5.1    Does the offeror guarantee that pricing to SBISD is and shall remain the lowest pricing available
         to similar customers for the duration of the contract?

         Yes               No

9.5.2    How long is the submitted pricing guaranteed?




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                                                                                        Page 21 of 23

9.0.0      PROPOSAL FORM, continued

9.5.3      Catalogs shall include Number and Date and be submitted with Proposal.:

Product Categories Supplier Able to Provide. Check if Available and Provide Catalog Discount.
Approved                                Available ?     Commodity              Discount % of
Manufacturer                            (circle one)                           Mfg. List Price
A. O. Smith                          Y         N      Motors

ADP                                       Y         N        Evaporators

Air Star                                  Y         N        Furnaces

Amprobe                                   Y         N        Instruments
Aqua Soft                                 Y         N        Pan Tablets

Bacharach                                 Y         N        Furnaces
Barber Coleman                            Y         N        HVAC Supplies

Bard                                      Y         N        Packaged Units

Bell & Gossett                            Y         N        Pumps & Acc.
Bristol                                   Y         N        Compressors

Carrier                                   Y         N        Rebuilt Compressors
Copeland                                  Y         N        Compressors

Diversied                                 Y         N        Controls
DuPont                                    Y         N        Refrigerants

Fluke                                     Y         N        Test Instruments
Gates                                     Y         N        Belts and Acc.
General                                   Y         N        Controls

Hart & Cooley                             Y         N        Duct & Supplies
Henry                                     Y         N        Valves

Hoffman                                   Y         N        Air Vents
Honeywell                                 Y         N        Controls

Janitrol                                  Y         N        Packaged Units
Johnson Control                           Y         N        Controls

Janitrol                                  Y         N        Packaged Units

Johnson Control                           Y         N        Controls
                                          Y         N
Marsh                                     Y         N        Gauges & Thermometer
McDonnell/Miller                          Y         N        Flow switches

Metal Fab                                 Y         N        Duct Supplies
Mueller                                   Y         N        Tube & Fittings

PSG                                       Y         N        Thermometers,
                                                             Thermostats
Ranco                                     Y         N        De-Ice Controls

Refrigerator Research                     Y         N        Accumulators
Ritche                                    Y         N        Charging Hoses & Acc.

Robertshaw                                Y         N        Controls
Robinair                                  Y         N        Controls

Rubatex                                   Y         N        Insulation & Supplies
Schuller                                  Y         N        Duct Board
Snoop                                     Y         N        Leak Detector
                                          Y         N

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                                                                                                   Page 22 of 23
9.0.0    PROPOSAL FORM, continued

9.5.3    Catalogs, Continued

Manufacturer                               Circle    One      Commodity                %        Discount
Sporlan                                    Y         N        Acid Test Kits
Square D                                   Y         N        Contactors
Standard                                   Y         N        Chillers & Receivers
Tecumseh                                   Y         N        Compressors
Trane                                      Y         N        Rebuilt Compressors
Warren                                     Y         N        Duct Heaters
White Rodgers                              Y         N        Thermostats & Acc.
Worthington                                Y         N        Recovery Cylinders

List any other product categories included in your catalog.

                                                               Commodity                   Discount % of
Manufacturer                                                                               Mfg. List Price
                                                     Y
                                                     Y
                                                     Y
                                                     Y
                                                     Y
                                                     Y
                                                     Y
                                                     Y
                                                     Y




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                                                                                         Page 23 of 23
9.0.0 PROPOSAL FORM, continued

9.5.4    List any items listed in catalog excluded from discount pricing.




9.6.0    DEVIATIONS to any conditions and/or specifications shall be conspicuously noted in writing by
         the offeror and shall be included with the proposal.

9.6.1    Deviations to any conditions and/or specifications? Yes                 No


Having carefully examined the Proposal Notice, Terms, Conditions, Specifications and Proposal Form,
the undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with
the specifications and conditions at the prices quoted unless noted in writing.



The undersigned affirms that they are duly authorized to execute this proposal and that this company,
corporation, firm, partnership or individual has not prepared this proposal in collusion with any other
Proposer.


ADDENDA, if any: If issued in accordance with this document, the undersigned acknowledges receipt of
Addenda Nos.                             dated                                              .


The undersigned agrees to deliver all goods and/or services within __________ calendar days after
receipt of order.

FIRM NAME

ADDRESS

CITY/STATE/ZIP

TELEPHONE NO.

FACSIMILE NO

EMAIL ADDRESS

AUTHORIZED SIGNATURE

TYPED/PRINTED NAME

POSITION WITH COMPANY

REPRESENTATIVE'S NAME



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