BRYAN INDEPENDENT SCHOOL DISTRICT INVITATION TO BID# 3644 MAGAZINES SUBSCRIPTIONS 2014-2016 101 NORTH TEXAS AVENUE BRYAN, TEXAS 77803 The undersigned hereby agrees to all terms and conditions set forth in the Invitation to Bid. Company ____________________________________________________________________ Name ____________________________________________________________________ Signature ____________________________________________________________________ Address ____________________________________________________________________ City/State/Zip ____________________________________________________________________ Phone ____________________________________________________________________ Fax ____________________________________________________________________ E-Mail ____________________________________________________________________ Date ____________________________________________________________________ SECTION 1- GENERAL/BID SUBMISSION 1.1 Bryan Independent School District (BISD) is soliciting competitive bids from suppliers to provide magazine subscriptions for the 2014-2015 and 2015-2016 school years. Initial orders will be placed in June 2014 with expected delivery starting August 23, 2014. 1.2 Suppliers shall submit one original and one copy (Total 2) of the completed bid. Suppliers shall return a signed copy of the terms and conditions with their bid packages. All bids must be sealed and marked “Bid # 3644 - Magazine Subscription Bid” on the outside of the envelope. Bids are due by 1:00 pm on May 28, 2014 in the Business Services Office, 101 North Texas Ave, Bryan, TX 77803. Bids will be opened at 3:00 pm in Room 208 of the same location. Late bids will be marked “LATE” along with the time received and will not be considered in the evaluation of the bid. 1.3 Tabulation and evaluation of bids will be made subsequent to bid opening. No award will be made at bid opening. 1.4 Each bid must include an executed “Felony Conviction Notification.” 1.5 Each bid must include a completed “Conflict of Interest Questionnaire” in accordance with Chapter 176 of the Texas Local Government Code, effective January 1, 2006. 1.6 Each bid must include a signed certification of non-debarment from federal funds. 1.7 Questions concerning this bid can be directed Melissa Martin, Purchasing & Document Coordinator, at (979) 209-1048. SECTION 2 - TERMS AND CONDITIONS 2.1 BISD reserves the right to reject any/all bids or accept the bid deemed most advantageous to the school district. 2.2 BISD may request additional information and to waive any/all formalities. 2.3 Award criteria are based on the most advantageous combination of factors to ensure quality magazines for BISD. In determining best value for the district, purchase price is the primary factor. The following criteria may be considered in the evaluation and determination of lowest evaluated price. • Price • Quality and Reputation of Products Offered • Long-Term Costs of Products to District • Reputation and Past Performance of Suppliers • Ability to Comply with HUB Laws • Customer Preference 2.4 BISD will not accept any substitute items. 2.5 Bid quantities provided by purchaser are estimated quantities only and do not imply an obligation to buy on the part of the purchaser. BISD reserves the right to increase or decrease bid quantities at the stated bid prices. 2.6 BISD will place orders on an executed purchase order based on the stated bid price. 2.7 Suppliers are encouraged to submit prices based on one standard overall discount percentage that are reasonable in the spirit of competition. Suppliers shall hold their discount prices until May 31, 2016. 2.8 All prices must be bid F.O.B. destination, Bryan, Texas. All magazines must be delivered to the campus libraries at the addresses listed on the bid specifications and purchase orders. 2.9 BISD reserves the right to reject damaged or substandard items. Suppliers will be notified of rejected items given an opportunity to retrieve unless a prior arrangement has been made. BISD will not be held responsible (cost, storage, or return shipping) for damaged or substandard items. SECTION 3 - BID SCHEDULE 3.1 All suppliers shall submit an individual price for each magazine per school and a total for each school on the attached forms. Bidders shall state the magazine retail price and the discount price based on the standard discount percentage. 3.2 The bidders shall list any exceptions to the terms stated in this document. 3.3 All bidders shall supply one standard discount percentage for the entire requirement. Please enter your discount percentage here: ________________% 3.4 Overall Total Retail Price $_________________________________ 3.5 Overall Total Discount Price $_________________________________ FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (1), 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.” 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): _____________________________________________________________________ A. My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable. Signature of Company Official: ________________________________________________________________ B. My firm is not owned or 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: ______________________________________________________________ The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. THIS BID MUST BE SIGNED. REJECTION OF BID. (PLEASE PRINT OR TYPE) FAILURE TO SIGN THIS BID WILL BE SUFFICIENT REASON FOR COMPANY: __________________________________________________ ADDRESS: __________________________________________________ CITY, STATE, ZIP CODE _______________________________________ TELEPHONE NO. ( ) _______________ FAX NO. ( )________________________________ SIGNATURE: _________________________________________________ Print Name: _____________________________________________ TITLE: ______________________________________________________ Bryan Independent School District ITB #3644 - Magazine Subscriptions Lamanda Latzlau Bryan High School Library 3450 Campus Dr. Bryan, TX 77802 Magazine Title ArtNews Car and Driver Cooking Light Digital Photo Ebony ESPN Fitness Food Network Glitter Good Housekeeping Health Magazine HGTV Magazine J-14 National Geographic O: the Oprah Magazine Otaku USA Outdoor Life Parents People Pure Nintendo Reader's Digest Seventeen Sports Illustrated Teen Ink Texas Highways Time Magazine Campus Total Term 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 26 List Price Discount Price Bryan Independent School District ITB #3644 - Magazine Subscriptions Lamanda Latzlau Rudder High School Library 3251 Austin's Colony Parkway Bryan, TX 77808 Magazine Title ArtNews Car and Driver Cooking Light Digital Photo Ebony ESPN Fitness Food Network Glitter Good Housekeeping Health Magazine HGTV Magazine J-14 National Geographic O: the Oprah Magazine Otaku USA Outdoor Life Parents People Pure Nintendo Reader's Digest Seventeen Sports Illustrated Teen Ink Texas Highways Time Magazine Campus Total Term 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 26 List Price Discount Price Denise Kersten Davila Middle School Library 2751 N. Earl Rudder Freeway Bryan, TX 77803 Magazine Title Boys' Life Girls' Life J-14 LaTeen Odyssey Outdoor Life Poder Hispanic Smithsoniam Sports Illustrated for Kids Teen Ink Texas Highways Texas Parks & Wildlife Campus Total Term 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 12 List Price Discount Price Bryan Independent School District ITB #3644 - Magazine Subscriptions Denise Kersten Jane Long Middle School Library 1106 N. Harvey Mitchell Bryan, TX 77803 Magazine Title Boys' Life Girls' Life J-14 Odyssey Outdoor Life People Poder Hispanic Smithsoniam Sports Illustrated for Kids Teen Ink Texas Highways Texas Parks & Wildlife Campus Total Term 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 12 List Price Discount Price Denise Kersten Sam Rayburn Middle School Library 1048 N. Earl Rudder Frwy Bryan, TX 77802 Magazine Title Boy's Life Girl's Life J-14 LaTeen Odyssey Outdoor Life Poder Hispanic Smithsoniam Sports Illustrated for Kids Teen Ink Texas Highways Texas Parks & Wildlife Campus Total Term 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 12 List Price Discount Price Denise Kersten SFA Middle School Library 801 Ennis Bryan, TX 77803 Magazine Title Boys' Life Girls Life J-14 LaTeen Odyssey Outdoor Life Poder Hispanic Smithsoniam Sports Illustrated for Kids Teen Ink Texas Highways Texas Parks & Wildlife Campus Total Term 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 12 List Price Discount Price Bryan Independent School District ITB #3644 - Magazine Subscriptions Carol Frosch Bonham Elem Library 3100 Wilkes Dr. Bryan, TX 77803 Magazine Title American Girl Boy's Life National Geographic for Kids National Geographic for Kids Texas Parks and Wildlife Zoobooks Campus Total Term 1 YR 1 YR 1 YR 1 YR 1 YR 1 YR 6 List Price Discount Price Carol Frosch Bowen Elem School Library 3870 Copperfield Bryan, TX 77802 Magazine Title American Girl Kids Discover Ranger Rick Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Carol Frosch Branch Elem Library 2040 W Villa Maria Bryan, TX 77807 Magazine Title American Girl Kids Discover Ranger Rick Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Dana Yezak Crockett Elem Library 401 Elm Street Bryan, TX 77801 Magazine Title American Girl National Geographic Kids Ranger Rick Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Bryan Independent School District ITB #3644 - Magazine Subscriptions Carol Frosch Fannin Elem Library 1200 Baker Ave Bryan, TX 77803 Magazine Title American Girl Kids Discover National Geographic Kids Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Robin Cox Henderson Elem Library 801 Matous Bryan, TX 77802 Magazine Title American Girl Boy's Life National Geographic Kids Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Dana Yezak Houston Elem Library 4501 Canterbury Bryan, TX 77802 Magazine Title American Girl Boy's Life Ranger Rick Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Robin Cox Johnson Elem. Library 3800 Oak Hill Bryan, TX 77802 Magazine Title American Girl Boy's Life National Geographic Kids Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Robin Cox Jones Elem Library 1400 Pecan Street Bryan, TX 77803 Magazine Title American Girl Boy's Life National Geographic Kids Sports Illustrated Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Bryan Independent School District ITB #3644 - Magazine Subscriptions Dana Yezak Kemp Elem Library 750 Bruin Trace Bryan, TX 77803 Magazine Title American Girl National Geographic Kids Ranger Rick Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Carol Frosch Milam Elem Library 1201 Ridgedale Bryan, TX 77803 Magazine Title American Girl Kids Discover Ranger Rick Sports Illustrated for Kids ZooBooks Campus Total Term 1 YR 1 YR 1 YR 1 YR 1 YR 5 List Price Discount Price Dana Yezak Mitchell Elem Library 2500 Austin Colony Bryan, TX 77808 Magazine Title American Girl Kids Discover Ranger Rick Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Dana Yezak Navarro Elem Library 4619 Northwood Bryan, TX 77803 Magazine Title American Girl Boys Life Ranger Rick Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Bryan Independent School District ITB #3644 - Magazine Subscriptions Robin Cox Neal Elem Library 801 W Martin L King Bryan, TX 77803 Magazine Title American Girl Boy's Life National Geographic Kids Sports Illustrated for kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Robin Cox Ross Elem Library 3300 Parkway Terrace Bryan, TX 77802 Magazine Title American Girl Boy's Life National Geographic Kids Sports Illustrated for Kids Campus Total Term 1 YR 1 YR 1 YR 1 YR 4 List Price Discount Price Angela Wells Library Processing Center 800 S. Texas Ave Bryan, TX 77803 Magazine Title Library Sparks Campus Total Term 1 YR 1 List Price Discount Price FORM CONFLICT OF INTEREST QUESTIONNAIRE CIQ For vendor or other person doing business with local governmental entity OFFICE USE ONLY This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). Date Received By law this questionnaire must be filed with the records administrator of the local governmental entity 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. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship 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 the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. 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, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). (before completing certification, read attached instructions.) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Organization Name PR/Award Number or Project Number Name and Title of Authorized Representative Signature Date Instructions For Suspension/Debarment Certification Statement: 1. By signing and dating the certification statement, the bidder certifies that neither it nor any of its principals (e.g., key employees) has been proposed for debarment, debarred or suspended by a federal agency on the date signed. 2. The prospective bidder shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. Federal and State penalties exist for vendors and districts that knowingly enter into contracts with suspended / debarred person. Residence Certification In accordance with Article 601g. as adopted by the 1985 Texas Legislature, the following will apply. The pertinent portion of the Act has been extracted and is as follows: Article 601g. State of Political Subdivision Contracts for Construction, Supplies, Services, Bids by Non-Resident Section 1(a) in this Act: 1. “Governmental agency of the state” means an incorporated city or town, a county, a public school district, a special-purpose district or authority, or a district, county, or justice of the peace court. 2. “Nonresident Bidder” means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 3. “Texas Residential Bidder” means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. The state or governmental agency of the state may not award a contract for general construction, improvements, services, or public works projects, or purchase of supplies, materials, or equipment to a nonresident bidder unless the nonresident’s bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to under bid a nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. I certify that as defined in Article 601g, that: Company Name: ____________________________________________ _____ Yes, I am a Texas Residence Bidder _____ No, I am a _____________ Residence Bidder Printed Name: ____________________________________________ Signature: ____________________________________________ Statement of Non-Collusion and Non-Discrimination My signature certifies that the accompanying bid: 1. Is not the result of, or affected by an unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under current local, state, and/or federal ordinances, statutes, regulations, and/or policies. Furthermore, I understand that fraud and unlawful collusion are crimes under Federal Law, and can result in fines, prison sentences, and civil damage awards. 2. During the performance of any contracted awarded, the Seller will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, or handicaps, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operations of the Seller. The Seller agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause. 3. The Seller, in all solicitations and advertisements for employees placed by, or on behalf of, the Seller, will state that such Seller is an equal opportunity employer. 4. Notices, advertisements, and solicitations placed in accordance with Federal Law, rule, or regulation, shall be deemed sufficient for the purpose of meeting the requirements of this section. 5. The Seller shall include the provisions of the foregoing paragraphs 2, 3, and 4 in every subcontract or purchase order over $10,000.00 so that the provisions will be binding upon each subcontractor or vendor. I hereby certify that I am authorized to sign as a Representative for the Seller: Name of Seller _______________________________________ Address: _______________________________________ City/State/Zip: _______________________________________ Signature: _______________________________________ Name (Print): _______________________________________ Title: _______________________________________ Date: _______________________________________ W-9 Form (Rev. August 2013) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Exemptions (see instructions): Check appropriate box for federal tax classification: Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate Exempt payee code (if any) Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶ Other (see instructions) ▶ Address (number, street, and apt. or suite no.) Exemption from FATCA reporting code (if any) Requester’s name and address (optional) City, state, and ZIP code List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Social security number Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number Part II – – – Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 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, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 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, item 2 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. See the instructions on page 3. Sign Here Signature of U.S. person ▶ Date ▶ General Instructions withholding tax on foreign partners’ share of effectively connected income, and Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) Bryan Independent School District Purchasing Department 101 North Texas Avenue, Bryan, Texas 77803 (979) 209-1048 (979) 209-1098 Sole Source Affidavit An item can be purchased without the benefit of a competitive process if the purchase complies with Section 44.031(j) of the Texas Education Code. An item is considered “sole source” if there is no other like item available in the marketplace that would serve the same purpose or function, and only one price for the product because of exclusive distribution or marketing rights. Tex. Educ. Code §44.031(j) states: Without complying with §44.031(a), the Board of Trustees of a school district may purchase an item that is available from only one source including: (1) an item for which competition is precluded because of the existence of a patent, copyright, secret process, or monopoly: (2) a film, manuscript, or book; (3) a utility service, including electricity, gas, or water, and (4) a captive replacement part or component for equipment. Note: The exceptions provided by Subsection 44.031(j) do not apply to mainframe data-processing equipment and peripheral attachments with a single-item purchase price in excess of $15,000. By signing below, I confirm that I have reviewed Section 44.031 of the Texas Education Code, and hereby represent and certify that our product (described below) is a “sole source” item pursuant to Section 44.031(j) of the Texas Education Code. [Note: the item below must be described without brand names, trademarks or other proprietary designations.] In addition, we certify that no suspension or debarment is in place, which would preclude receiving a federally funded contract. Company Address City, State, Zip Code Telephone No. Fax No. Email Address Authorized Signature Title SUBSCRIBED AND SWORN to before me on this day of , 20 Notary Public, State of Printed Name (Seal) Date Commission Expires Notice: A person commits a felony if s/he knowingly makes a false entry in a governmental record. Texas Penal Code, Sole Source Affidavit section 37.10. Page 1 of 2 Bryan Independent School District Purchasing Department 101 North Texas Avenue, Bryan, Texas 77803 (979) 209-1048 (979) 209-1098 Sole Source Affidavit BEFORE ME, the undersigned official, on this day, personally appeared ___________________________________, A person known to me to be the person whose signature appears below, who after being duly sworn upon his oath deposed and said: 1. My name is felony, and am competent to sign this affidavit. 2. I am an authorized representative of the following company or firm: 3. The above-named company or firm is the only provider of the following sole source item (Note: the item must be described without brand names, trademarks or other proprietary designations): 4. Relative to the item identified above, I hereby represent and certify that: a. b. c. d. e. . I am over the age of 18, have never been convicted of a There is no other like item available for purchase that would serve the same purpose or function; There is only one price for the item because of exclusive distribution or marketing rights; If the item is protected by a patent, copyright, secret process or monopoly, competition in providing the item is precluded by the existence of a patent, copyright, secret process or monopoly; The item is not mainframe data-processing equipment or peripheral attachments; and No suspension or debarment is in place, which would preclude receiving a federally funded contract. (Signature) SUBSCRIBED AND SWORN to before me on this day of , 20 (Notary Public, State of ) (Printed Name) (Seal) (Date Commission Expires) Notice: A person commits a felony if s/he knowingly makes a false entry in a governmental record. Texas Penal Code, section 37.10. Page 2 of 2
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