NEW LAW: TEXAS HOUSE BILL 1295
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. This new 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 Trustees.
The Texas Ethics Commission adopted rules necessary to implement that law. The Commission adopted the Certificate of Interested Parties Form (Form 1295) on October 5, 2015. The Commission also adopted Chapter 46 on November 30, 2015 in furtherance of that law.
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. 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 sign the printed copy of the Form and have the form notarized. 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/whatsnew/elf_info_form1295.htm. 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/whatsnew/elf_info_form1295.htm. Please note that you must then print the Form, sign it, have it notarized, 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: http://www.epcc.edu/purchasing/Pages/CompetitiveProcurements.aspx.
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:
Commodity codes have been reassigned by the Purchasing & Contract Management Department. Individual commodity codes may or may not have a new buyer responsible for them. Please download the revised commodity code list with the new buyer assignments here: Commodity Codes (MS Excel).
Individuals providing services to the District through a Service Agreement must be in Banner's Database. If they are not, they must fill out the Vendor Master Packet (PDF). All documents must be filled in full or they will not be added.
FEDERAL DEBARMENT WEB SITE:
For purchases made with federal monies, please go to the SAM (System for Award Management) web site to check for vendor debarment.