Information For Vendors

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.

Considerations

1. The purchase price;
2. The reputation of the vendor and of the vendor's good or services;
3. The quality of the vendor's goods or services;
4. The extent to which the goods or services meet with the District's needs;
5. The vendor's past relationship with the District;
6. The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses;
7. The total long-term cost to the District to acquire the vendor's goods or services;
8. 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
9. 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.

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.