HOUSE BILL 89 – NO BUSINESS WITH COMPANIES THAT BOYCOTT ISRAEL:
As you may know, the 85th Legislature, in late April and early May of 2017, signed House Bill 89, a bill which relates to state contracts with and investments in companies that boycott Israel. The Governor signed the bill into law on 2 May 2017, with an effective date of 1 September 2017.
The bill prohibits a Texas governmental entity, including a Texas community college, from entering into a contract for goods or services with a for-profit company unless the contract contains a written verification that the company does not boycott Israel and will not boycott Israel during the term of the contract. The bill defines "boycott Israel" as meaning refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The bill has other stipulations dealing with investments in companies that boycott Israel. A copy of the bill is available here: www.capitol.state.tx.us
The Purchasing & Contract Management Department took steps effective 1 September 2017 to ensure contracts that are generated by it are in compliance with this new law.
College personnel can use Education Service Center Region XIX’s cooperative contract for its Catering needs. That contract lists several catering vendors and can be
found here Region XIX 17-7270 (PDF) & Region XIX
15-7177 (PDF). For new vendors, vendors that are not already in the Banner database, please allow a little extra time to give the vendor time to complete the new vendor packet…for the first purchase only. You can still use Contracts
CSP #15-027 & CSP #15-028 for your Catering needs.
College personnel can use Education Service Center Region XIX’s cooperative contracts for its promotional item needs: Region XIX 17-7274
(PDF) & Region XIX 16-7198 (PDF). Other vendors, awarded through other College-approved cooperatives, may also be used.
Both contracts list over a dozen promotional items vendors. For new vendors, vendors
that are not already in the Banner database, please allow a little extra time to give the vendor time to complete the new vendor packet…for the first purchase only.
TEXAS HOUSE BILL 1295:
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. This law states that a governmental entity
or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the
signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the
contract may be signed or (2) has a value of at least $1 million. Note: The Bylaws of the El Paso Community College’s Board of Trustees require that all contracts valued at $50,000 or more be approved by its governing body, the Board of
The Texas Ethics Commission adopted rules necessary to implement that law. The Commission adopted Chapter 46 in furtherance of that law and adopted the Certificate of Interested Parties Form (Form 1295) on October 5, 2015. That form was revised on December 22, 2017 to remove
the need for a notary. The newly revised form now only requires an "unsworn declaration," and does not need to be notarized. However, a date of birth and an address are now required. Contracts executed on or after January 1, 2018 must use this newly revised form.
In addition to the newly revised Form 1295, it should be noted that, another change, also effective January 1, 2018, states that Form 1295 is now no longer required for any of the following types of contracts:
- a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity;
- a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code;
- and a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code.
These three types of contracts join the original three types of contracts for which Form 1295 is not required, the “original three exceptions”:
- a sponsored research contract of an institution of higher education;
- an interagency contract of a state agency or an institution of higher education; and
- a contract related to health and human services if: the value of the contract cannot be determined at the time the contract is executed; and any qualified vendor is eligible for the contract.
In all cases above in which Form 1295 is not required, exceptions to the Form 1295 rule must be claimed and substantiated by the party contracting with El Paso Community College.
On January 1, 2016, the Commission made available on its website a new application that must be used to create a Certificate of Interested Parties Form 1295. The website has been updated to include only the latest form 1295. A business entity must use the
application to enter the required information to create Form 1295 and print a copy of the completed Form, which will include a unique certification number. An authorized agent of that business entity must complete and sign the printed copy of the
Form. The completed Form 1295 must then be filed with the governmental body or state agency with which the business entity is entering into the contract (El Paso Community College, in this case).
The governmental entity or state agency must notify the Commission, using the Commission’s application, of the receipt of the filed Form 1295 not later than the 30th day after the date the contract binds all parties to the contract.
The Commission will post the completed Form 1295 on its website within seven business days after receiving notice from the governmental entity or state agency.
Information regarding how to use the filing application is available here: https://www.ethics.state.tx.us/. Please click on the links
under “Instructional Videos for Business Entities” and the “Frequently Asked Questions” for very helpful information.
If you submitted an offer that may result in a contract valued at $50,000 or more, and that offer is accepted by the El Paso Community College Board of Trustees, then you will be contacted by the Buyer
from the El Paso Community College Purchasing & Contract Management Department who will instruct you to complete Form 1295 on the Texas Ethics Commission website: https://www.ethics.state.tx.us/. Please note that you must then print the Form, sign it, and then finally deliver it back to
the Buyer at the time that you sign the contract for the goods and/or services outlined in the solicitation.
If the offer that you submitted was a response to a Request for Competitive Sealed Proposals (CSP), Request for Proposals (RFP), or Request for Qualifications (RFQ) that El Paso Community College
issued, you must use the associated solicitation process number (CSP##-###, RFP##-###, or RFQ##-###) as the “identification number,” where asked on the aforementioned Texas Ethics Commission website.
If the offer you submitted was a quote based on a contract issued by one of the purchasing cooperatives approved by El Paso Community College’s Board of Trustees (examples include, but are not limited
to, Education Service Center Region XIX, Texas Association of School Board’s BuyBoard, TCPN, and US Communities), then you must use the associated purchasing cooperative contract number as the “identification number,” where asked on the
aforementioned Texas Ethics Commission website. For your future reference, all of the cooperative purchasing entities approved by the El Paso Community College Board of Trustees can be found here: Purchasing Cooperatives.
If the offer you submitted was a quote and you attest that your entity is the sole source for the particular good or service you initially offered through this process, then use the words “Sole Source”
followed by a dash and the tracking number as the "identification number." Example: Sole Source-A1234567. Contact the El Paso Community College Buyer to obtain the actual tracking number.
COMMODITY CODE ASSIGNMENT CHANGES:
Please download the commodity code list with the buyer assignments here: Commodity Codes (MS Excel).
REQUIRED FORMS FOR NEW VENDORS:
A payment cannot be made to a vendor unless that vendor is in the Banner database. The Purchasing & Contract Management Department enters a vendor into Banner (the College's ERP
system) upon receipt of a completed requisition through Banner or a completed Services Agreement from one of the College's departments PLUS one of the following from a potential vendor: a "Vendor Addition Request Packet for Companies (PDF)," which is used to enter a company into Banner
or a "Vendor Addition Request Packet for Individuals (PDF)," which is used to enter
an individual into Banner (for contracting an individual through a Services Agreement). For more information, click "Information for Vendors" on the left gray menu of this page.
FEDERAL DEBARMENT WEBSITE:
For purchases made with federal monies, please go to the SAM (System for Award Management) web site to check for
vendor debarment. If vendor is debarred, EPCC cannot do business with it.
ADDITIONAL REQUIREMENTS WHEN USING FEDERAL FUNDS:
When federal funds will be used for the purchase of goods or services, there is an additional and significant set of requirements that must be met by El Paso
Community College and the vendor. Many of the most notable additional requirements are outlined here: Federal Funds.
El Paso Community College Terms & Conditions:
Purchase Order Terms & Conditions (PDF)
General Conditions (PDF)
Contract Award Dispute (PDF)