Selling through Purchasing Cooperatives
In addition to responding to El Paso Community College’s (EPCC’s) Requests for Proposals, Requests for Competitive Sealed Proposals, and Requests for Qualifications (Solicitations), vendors, including El Paso vendors, interested in selling their goods and/or non-professional services may also consider responding to Solicitations issued by EPCC’s cooperative purchasing partners. Award of business is based on best value. Contact information for our cooperative purchasing partners can be gleaned from their respective websites, the links to which appear here:
Documentation.
Getting Added as a Vendor - Doing Business with El Paso Community College
El Paso County Community College District (EPCC) awards contracts to vendors in compliance with State of Texas and federal law.
One of these laws, Texas Education Code §44.031(a), states, “…Except as provided by this subchapter, all school district contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel,
valued at $50,000 or more in the aggregate for each 12-month period shall be made by the method, of the following methods, that provides the best value for the district: (1) competitive bidding for services other than construction services; (2) competitive sealed proposals for services other than construction services; (3) a request for proposals, for services other than construction services; (4) an interlocal contract; (5) a method provided by Chapter
2269, Government Code, for construction services; (6) the reverse auction procedure as defined by Section
2155.062(d), Government Code; or (7) the formation of a political subdivision corporation under Section
304.001, Local Government Code [emphasis added].” Award of a contract shall comply with Texas Education Code §44.031(b).
Vendors wishing to be considered for business should register on Bonfire at
https://epcc.bonfirehub.com/portal/?tab=openOpportunities. All contracts valued at $50,000 or more and which are to be awarded through a Request for Proposals (RFP), Request for Competitive Sealed Proposals (RFCSP), or Request for Qualifications (professional services) process are posted by EPCC on Bonfire.
For purchases of $10,000 or more but less than $50,000, a three-quote process or other competitive process, or other process allowed by law, is required. Award is based on best value.
For smaller contracts, upon mutual availability, interested vendors may meet with EPCC’s internal departments to ensure there is need for the goods and/or services being offered.
A payment cannot be made to a vendor unless that vendor is in the Banner database (Banner is the College's ERP system). “Complete Payee Addition Request Packet for Companies” and the “Complete Payee Addition Request Packet for Individuals,” the two sets of forms used by EPCC to add a vendor into its database, will only be sent to a vendor for completion by EPCC’s Purchasing & Contract Management Department upon receipt of an approved purchase requisition (in case vendor is a company) or Services Agreement (in case vendor is an individual) from an EPCC department Budget Head, or upon receipt of a signed Check Request
from EPCC’s Accounts Payable Department.
EPCC’s Purchasing & Contract Management Department will not add the payee to the database until it receives the completed and signed Packet from the vendor.
Internal Competitive Procurement
The District conducts purchases using the purchase methods allowed under Texas Education Code, section 44.031 (a), as specified below. All contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel, valued at $50,000 or more in the aggregate for each 12-month period shall be made by the method, of the following methods, that provides the best value to the District:
Methods
- Competitive bidding for services other than construction services;
- Competitive sealed proposals for services other than construction services;
- A request for proposals, for services other than construction services;
- An inter-local contract (e.g. purchasing cooperative contracts);
- A method provided by Chapter 2269, Government Code, for construction services;
- The reverse auction procedure as defined by Section 2155.062(d), Government Code; or
- The formation of a political subdivision corporation under section 304.001, Local Government Code.
Except as provided by this Texas Education Code, Chapter 44 Subchapter B, in determining to whom to award a contract, the District shall consider:
Considerations
- The purchase price;
- The reputation of the vendor and of the vendor's good or services;
- The quality of the vendor's goods or services;
- The extent to which the goods or services meet with the District's needs;
- The vendor's past relationship with the District;
- The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses;
- The total long-term cost to the District to acquire the vendor's goods or services;
- For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner;
A) Has its principal place of business in this state; or
B) employs at least 500 persons in this state; and - Any other relevant factor specifically listed in the request for bids or proposals.
The procurement of professional services as defined by Texas Government Code 2254 is done in accordance with that statute, and award is based on the most highly qualified offer.
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 at the following link:
To view all forms visit:
Documentation
Federal Debarment
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.
State of Texas Prohibitions and Presidential Action(s)
The following prohibit the District from issuing certain contracts:
Texas House Bill 1295
Introduction
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; (2) has a value of at least $1 million; or (3) is for services that would require a person to register as a lobbyist under Chapter 305. 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 Chapter 46 of its Commission Rules 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.
Filing Process
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 1295; must include their date of birth, and an address in the "unsworn declaration" box of the Form 1295. 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/
Summary
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.
Please use the unique contract reference number provided by the Buyer at the time of notification of contract award as the “identification number,” where asked on the aforementioned Texas Ethics Commission website.
To access policies, procedures, terms and conditions, and forms visit:
Documentation