Sunbelt Pools Buy Board Contract 613-20April 29, 2020
Sent Via Email: robm@sunbeltpools.com
Rob Morgam
Sunbelt Pools, Inc.
10555 Plano Road Dallas, TX 75238
Welcome to BuyBoard!
Re:
Proposal Name and Number: Swimming Pool Chemicals, Supplies and Equipment, Proposal No. 613-20
Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. The contract is effective 6/1/2020 through 5/31/2021, with two possible
one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the
specifications.
To view the items your company has been awarded, please review the proposal tabulation No. 613-20 on the following
web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard
contract. In addition, on this website you will find the membership list which will provide you with the names of all entities
with membership in our purchasing cooperative.
Enclosed with this letter you will find the following documents:
1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards
You are advised that receipt of a purchase order directly from a Cooperative member is not within the
guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation
of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all
purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to
info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase
order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD
ONLY to prevent duplication.
As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to
the start of your contract.
On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking
forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff
at 800-695-2919.
Sincerely,
Arturo Salinas
Department Director, Cooperative Procurement
v.6.5
April 29, 2020
Sent Via Email: robm@sunbeltpools.com
Rob Morgam Sunbelt Pools, Inc.
10555 Plano Road
Dallas, TX 75238
Welcome to BuyBoard!
Re:
Proposal Name and Number: Swimming Pool Chemicals, Supplies and Equipment, Proposal No. 613-20
Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing
Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to
National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 6/1/2020
through 5/31/2021, with two possible one-year renewals.
The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the
current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract.
You are advised that receipt of a purchase order directly from a National Cooperative member is not within
BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of
applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all
purchase orders from National Cooperative members must be processed through the BuyBoard. Please
forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the
above number and note it as RECORD ONLY to prevent duplication.
As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business
days prior to the start of your contract.
On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any
questions, please contact Cooperative Procurement Staff at 800-695-2919.
Sincerely,
Arturo Salinas
Department Director, Cooperative Procurement v.6.5
12007 Research Boulevard ·Austin, Texas 78759-2439 · PH: 800-695-2919 ·FAX: 800-211-5454 ·buyboard.com
Proposal Forms COMM/SVCS v.09.05.2019
PROPOSER’S AGREEMENT AND SIGNATURE
Proposal Name: Swimming Pool Chemicals,
Supplies and Equipment
Proposal Due Date/Opening Date and Time:
December 19, 2019 at 4:00 PM
Proposal Number: 613-20
Location of Proposal Opening:
Texas Association of School Boards, Inc.
BuyBoard Department
12007 Research Blvd.
Austin, TX 78759
Anticipated Cooperative Board Meeting Date:
Contract Time Period:June 1, 2020 through May
31, 2021 with two (2) possible one-year renewals.
April 2020
Name of Proposing Company Date
_________________________________
Street Address Signature of Authorized Company Official
City, State, Zip Printed Name of Authorized Company Official
Telephone Number of Authorized Company Official Position or Title of Authorized Company Official
_________________________________________
Fax Number of Authorized Company Official Federal ID Number
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The proposing company (“you” or “your”) hereby acknowledges and agrees as follows:
1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal
Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications,
and line items (collectively “Requirements”);
2. By your response (“Proposal”) to this Proposal Invitation, you propose to supply the products or services submitted at
the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions
are noted in the Proposal;
3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be
claimed;
4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or
services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the
Proposal and accepted by the Cooperative), including without limitation the Requirements related to:
a. conducting business with Cooperative members, including offering pricing to members that is the best you offer
compared to similar customers;
b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation;
c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you
will offer the awarded goods and services in accordance with the Requirements; and
d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation
of your contract;
5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or
proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public
Information Act request or similar public information law;
6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this
Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a
form) is authorized and has the requisite knowledge to provide the information and make the representations and
certifications required in the Requirements;
7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and
you authorize the Cooperative to take such action as it deems appropriate to verify such information; and
8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from
consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy
or action provided for in the General Terms and Conditions or by law.
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Proposal Forms COMM/SVCS v.09.05.2019
VENDOR CONTACT INFORMATION
Name of Company: ____________________________________________________________________________________
Vendor Proposal/Contract Contact Name: __________________________________________________________________
Vendor Proposal/Contract Contact E-mail Address: ___________________________________________________________
Vendor Contact Mailing Address for Proposal/Contract Notices: _________________________________________________
____________________________________________________________________________________________________
Company Website: ____________________________________________________________________________________
Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need
Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when
a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders.
Please select options below for receipt of purchase orders and provide the requested information:
I will use the internet to receive purchase orders at the following address:
Purchase Order E-mail Address: ____________________________________________________________
Purchase Order Contact: _____________________________________ Phone: ______________________
Alternate Purchase Order E-mail Address: ____________________________________________________
Alternate Purchase Order Contact: ______________________________ Phone: _____________________
Purchase orders may be received by the Designated Dealer(s) identified on my company’s Dealer Designation
form as provided to the Cooperative administrator. I understand that my company shall remain responsible
for the Contract and the performance of all Designated Dealers under and in accordance with the Contract.
Request for Quotes (“RFQ”): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses
for the receipt of RFQs:
RFQ E-mail Address: ____________________________________________________________________________
RFQ Contact: _____________________________________________ Phone: ______________________________
Alternate RFQ E-mail Address: ____________________________________________________________________
Alternate RFQ Contact: __________________________________ Phone: _________________________________
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Proposal Forms COMM/SVCS v.09.05.2019
Invoices:Your company will be billed monthly for the service fee due under a contract awarded under this Proposal
Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they
are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee
invoices and related communications:
Please choose only one (1) of the following options for receipt of invoices and provide the requested
information:
Service fee invoices and related communications should be provided directly to my company at:
Invoice Mailing address: ____________________________________ Department: __________________
City: _____________________________ State: __________________ Zip Code: ___________________
Contact Name: _____________________________________ Phone: _____________________________
Invoice Fax: ________________ Invoice E-mail Address: _______________________________________
Alternative Invoice E-mail Address: ________________________________________________________
In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing
agent**:
Billing agent Mailing address: ____________________________________ Department: _______________
City: _____________________________ State: __________________ Zip Code: ___________________
Billing Agent Contact Name: _____________________________________ Phone: ___________________
Billing Agent Fax: ________________ Billing Agent E-mail Address: _______________________________
Alternative Billing Agent E-mail Address: ____________________________________________________
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FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION
FELONY CONVICTION DISCLOSURE
Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor)
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 has been convicted of a felony. The notice must include a general description of the
conduct resulting in the conviction of a felony.”
Section 44.034 further states in Subsection (b): “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.”
Please check one of the following:
My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.)
My company is not owned or operated by anyone who has been convicted of a felony.
My company is owned/operated by the following individual(s) who has/have been convicted of a felony:
Name of Felon(s): _____________________________________________________________________________________
Details of Conviction(s):________________________________________________________________________________
____________________________________________________________________________________________________
By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my
company to make this certification.
________________________________________________
Company Name
_________________________________________ ________________________________________
Signature of Authorized Company Official Printed Name
DEBARMENT CERTIFICATION
Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible
for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in
the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently
listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared
ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all
Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or
principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by
agencies or declared ineligible under any statutory or regulatory authority.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make
this certification.
________________________________________
Company Name
________________________________________ _______________________________________
Signature of Authorized Company Official Printed Name
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RESIDENT/NONRESIDENT CERTIFICATION
Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who
are not Texas residents. Under the statute, a “resident” proposer is a person whose principal place of business is in Texas,
including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A
“nonresident” proposer is a person who is not a Texas resident. Please indicate the status of your company as a “resident”
proposer or a “nonresident” proposer under these definitions.
Please check one of the following:
I certify that my company is a Resident Proposer.
I certify that my company is a Nonresident Proposer.
If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in
which your company’s principal place of business is located):
______________________________________________ _______________________________________________
Company Name Address
______________________________________________ _____________ ___________________________
City State Zip Code
A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers
whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract?
Yes No
B. What is the prescribed amount or percentage? $_______________ or ______________%
VENDOR EMPLOYMENT CERTIFICATION
Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when
determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor’s
ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas.
If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does
your company, ultimate parent company, or majority owner employ at least 500 people in Texas?
Please check one of the following:
Yes No
By signature below, I certify that the information in Sections 1 (and 2
above is true, complete and accurate and that I am authorized by my company to make this
certification.
________________________________________
Company Name
________________________________________ ________________________________
Signature of Authorized Company Official Printed Name
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NO ISRAEL BOYCOTT CERTIFICATION
Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into
a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding
a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. (TEX. GOV’T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law.
“Boycott Israel” means 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. TEX. GOV’T CODE §808.001(1).
By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any
contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized
by my company to make this certification.
______________________
Company Name
________________________________________
Signature of Authorized Company Official
____________________
Printed Name
NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION
Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may
not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist
organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas
Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be
excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign
terrorist organization is not subject to the contract prohibition.)
By signature below, I certify and verify that Vendor is not on the Texas Comptroller’s list identified above; that this certification
is true, complete and accurate; and that I am authorized by my company to make this certification.
____________________
Company Name
________________________________________
Signature of Authorized Company Official
________________ Printed
Name
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Proposal Forms COMM/SVCS v.09.05.2019
HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION
A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business
Enterprise or “MWBE” and all referred to in this form as a “HUB”) is encouraged to indicate its HUB certification status when
responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly
indicate and document their HUB certification on this form
:
I certify that my company has been certified as a HUB in the following categories:
Minority Owned Business
Women Owned Business
Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a
service-connected disability as defined by 38 U.S.C. §101(16), and who has a disability rating
of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of
Defense)
Certification Number:
____________________________________________________
Name of Certifying Agency:
____________________________________________________
My company has NOT been certified as a HUB.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my
company to make this certification.
___________________________________________________________
Company Name
___________________________________________________________
Printed Name
___________________________________________________________
Signature of Authorized Company Official
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Proposal Forms COMM/SVCS v.09.05.2019
CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION
A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As
explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members
(“Advisory”), Texas law prohibits the procurement of architecture or engineering services through a purchasing
cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must
be procured by a Cooperative member separately, in accordance with the Professional Services Procurement
Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy.
The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that
are potentially relevant to a Cooperative member’s procurement of construction or construction-related goods and services,
including those for projects that may involve or require architecture, engineering or independent testing services. A copy of
the Advisory can also be provided upon request.
By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands
the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services
to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the
Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential
Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory
before executing a Member Construction Contract with the member or accepting the member’s purchase order for
construction-related goods or services, whichever comes first.
_______________________________________________
Company Name
_______________________________________ ______________________________________
Signature of Authorized Company Official Printed Name
________________________________________Date
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DEVIATION AND COMPLIANCE
If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements
associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed
information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations
in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation.
In the absence of any deviation identified and described in accordance with the above, your company must fully comply with
the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation
if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative.
The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any
submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right
to accept or reject a proposal based upon any submitted deviation.
No; Deviations
Yes; Deviations
List and fully explain any deviations you are submitting:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
PLEASE PROVIDE THE FOLLOWING INFORMATION:
1. Shipping Via: Common Carrier Company Truck Prepaid and Add to Invoice Other:
____________________________________________________________________________________________________
2. Payment Terms: Net 30 days 1% in 10/Net 30 days Other:
____________________________________________________________________________________________________
3. Number of Days for Delivery: ________ARO
4. Vendor Reference/Quote Number: ___________________________
5. State your return policy: _____________________________________________________________________________
____________________________________________________________________________________________________
6. Are electronic payments acceptable? Yes No
7. Are credit card payments acceptable? Yes No
______________________________________
Company Name
______________________________________ _____________________________________
Signature of Authorized Company Official Printed Name
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L OCATION /A UTHORIZED S ELLER L ISTINGS
If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation,
please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary.
NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders,
and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract.
If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions
to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer
form.
____________________________________________________________________________________________________
Company Name
____________________________________________________________________________________________________
Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
____________________________________________________________________________________________________
Contact Person
____________________________________________________________________________________________________
Company Name
____________________________________________________________________________________________________
Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
____________________________________________________________________________________________________
Contact Person
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M ANUFACTURER D EALER D ESIGNATION
If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers
(“Designated Dealers”) to receive Cooperative member Purchase Orders on Vendor’s behalf, you must complete this form for
each dealer you wish to designate.
Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such
designations are for Vendor’s convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any
obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or
any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible
and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor’s Designated
Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but
not limited to suspension and termination of Vendor’s Contract for nonpayment of service fees.
If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard
system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with
Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such
Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a
Designated Dealer for processing.
The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer,
and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting
on Vendor’s behalf under the Contract. Further, the Cooperative’s administrator shall be authorized to remove or suspend
any or all Designated Dealers from the BuyBoard at any time in its sole discretion.
If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated
Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to
designate multiple dealers, please duplicate this form as necessary.
____________________________________________________________________________________________________
Designated Dealer Name
____________________________________________________________________________________________________
Designated Dealer Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
_________________________________________ _____________________________________________________
Email address Designated Dealer Tax ID Number* (*attach W-9)
____________________________________________________________________________________________________
Designated Dealer Contact Person
________________________________________ ___________________________________________________
Your Company Name Signature of Authorized Company Official
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TEXAS REGIONAL SERVICE DESIGNATION
The Cooperative (referred to as “Texas Cooperative” in this form and in the State Service Designation form) offers vendors
the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas
Cooperative members statewide, you must indicate the specific regions you will service on this form.
Additionally, if you do not plan to service Texas Cooperative members (i.e., if
you will service only states other than Texas), you must so indicate on this form.
_____________________________________________________
Company Name
_________________________________________________
Signature of Authorized Company Official
_________________________________________________
Printed Name
I will service Texas
Cooperative members
statewide.
I will not service Texas
Cooperative members
statewide. I will only
service members in the
regions checked below:
Region Headquarters
1 Edinburg
2 Corpus Christi
3 Victoria
4 Houston
5 Beaumont
6 Huntsville
7 Kilgore
8 Mount Pleasant
9 Wichita Falls
10 Richardson
11 Fort Worth
12 Waco
13 Austin
14 Abilene
15 San Angelo
16 Amarillo
17 Lubbock
18 Midland
19 El Paso
20 San Antonio
I will not service members of
the Texas Cooperative.
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If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by
Vendor, list the products and services to which this form applies here:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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STATE SERVICE DESIGNATION
The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including
intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this
form if you plan to service the entire United States, or will service only the specific states indicated.
:
I will service all states in the United States.
I will not service all states in the United States. I will service only the states checked below:
Alabama
Alaska Nebraska
Arizona Nevada
Arkansas New Hampshire
California (Public Contract Code 20118 & 20652) New Jersey
Colorado New Mexico
Connecticut New York
Delaware North Carolina
District of Columbia North Dakota
Florida Ohio
Georgia Oklahoma
Hawaii Oregon
Idaho Pennsylvania
Illinois Rhode Island
Indiana South Carolina
Iowa South Dakota
Kansas Tennessee
Kentucky Texas
Louisiana Utah
Maine Vermont
Maryland Virginia
Massachusetts Washington
Michigan West Virginia
Minnesota Wisconsin
Mississippi Wyoming
Missouri
Montana
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___________________________________________________
Company Name
___________________________________________ ________________________________
Signature of Authorized Company Official Printed Name
If this State Service Designation form applies to only one or some of the products and services proposed by Vendor,
list the products and services to which this form applies here:
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
This form will be used to ensure that you can service other governmental entities throughout the United States as
indicated. Your signature below confirms that you understand your service commitments during the term of a contract
awarded under this proposal.
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NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT
In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal
Invitation may be “piggy-backed” by another governmental entity. The National Purchasing Cooperative is an
intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout
the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree
to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the
State Service Designation form, in your Proposal.
By signing this form, Proposer (referred to in this Agreement as “Vendor”) agrees as follows:
1. Vendor acknowledges that if The Local Government Purchasing Cooperative (“Texas Cooperative”) awards Vendor a
contract under this Proposal Invitation (“Underlying Award”), the National Purchasing Cooperative (“National Cooperative”)
may - but is not required to - “piggy-back” on or re-award all or a portion of that Underlying Award (“Piggy-Back Award”).
By signing this National Cooperative Vendor Award Agreement (“Agreement”), Vendor accepts and agrees to be bound by
any such Piggy-Back Award as provided for herein.
2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator (“BuyBoard
Administrator”) will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date
stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in
writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order
for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or
changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its
BuyBoard Administrator in writing.
3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and
same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying
Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower)
competitive pricing and more favorable terms and conditions than those in the Underlying Award.
4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form
of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved
in writing by the BuyBoard Administrator.
5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of
purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to
National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request,
Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members
for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the
right, upon reasonable written notice, to review Vendor’s records pertaining to purchases made by National Cooperative
members in order to verify the accuracy of service fees.
6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the
fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities
that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative;
and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to
Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this
Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In
the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall
control, and then only to the extent necessary to reconcile the conflict.
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7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for
any dispute shall lie in the federal district court of Alexandria, Virginia.
8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National
Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back
Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein.
WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this
Agreement.
_______________________________________ ___________________________________________
Name of Vendor Proposal Invitation Number
_______________________________________ ___________________________________________
Signature of Authorized Company Official Printed Name of Authorized Company Official
__________________________________
Date
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FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE
The Cooperative strives to provide its members with the best services and products at the best prices available from vendors
with the technical resources and ability to serve Cooperative members. Please respond to the following questions.
1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market
price during the previous 12-month period or the last fiscal year: $______________. (The period of the 12 month
period is _________/_________). In the event that a dollar value is not an appropriate measure of the sales, provide
and describe your own measure of the sales of the item(s).
2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the
Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under
equivalent circumstances.
3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in
the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives
as required.
PURCHASING
GROUP
CURRENT
VENDOR?
(Y/N)
FORMER VENDOR (Y/N)? –
IF YES, LIST YEARS
AS VENDOR
AWARDED
COMMODITY
CATEGORY(IES)
1. Federal General Services Administration
2. T-PASS (State of Texas)
3. OMNIA Partners
4. Sourcewell (NJPA)
5. E&I Cooperative
6. Houston-Galveston Area Council
(HGAC)
7. Choice Partners
8. The Interlocal Purchasing System
(TIPS)
9. Other
MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS.
CURRENT BUYBOARD VENDORS
If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the
discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your
current and proposed discounts.
Current Discount (%):_________________________ Proposed Discount (%): ________________________
Explanation: _________________________________________________________________________________________
____________________________________________________________________________________________________
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By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make
this certification.
________________________________________________
Company Name
_______________________________________ _____________________________________
Signature of Authorized Company Official Printed Name
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GOVERNMENTAL REFERENCES
For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The
Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information
requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether
prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you
offer other governmental customers. Attach additional pages if necessary.
Quantity/
Entity Name Contact Phone# Email Address Discount Volume______
1._________________________________________________________________________________________________
2.__________________________________________________________________________________________________
3.__________________________________________________________________________________________________
4.__________________________________________________________________________________________________
5.__________________________________________________________________________________________________
Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give
better discounts (lower prices) than indicated?YES NO If YES, please explain:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
By signature below, I certify that the above is true and correct and that I am authorized by my company to make this
certification.
________________________________________________
Company Name
________________________________________________
Signature of Authorized Company Official
________________________________________________
Printed Name
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MARKETING STRATEGY
For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or
part of your Proposal.
Attach additional pages if necessary.
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
________________________________________________
Company Name
________________________________________________
Signature of Authorized Company Official
________________________________________________
Printed Name
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CONFIDENTIAL/PROPRIETARY INFORMATION
A. Public Disclosure Laws
All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal
Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information
Act (Texas Government Code chapter 552.001, ) or similar disclosure law. Proposer must clearly identify on this form
any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer
considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no
obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or
other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer
will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary
or confidential.
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information
which Vendor considers proprietary or confidential?
:
NO,I certify that none of the information included with this Proposal is considered confidential or proprietary.
YES,I certify that this Proposal contains information considered confidential or proprietary and all such information is
specifically identified on this form.
If you responded “YES”, you must identify below the specific information you consider confidential or proprietary. List each
page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative
and its Administrator will not be responsible for a Proposer’s failure to clearly identify information considered confidential or
proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose
information when required by law, even if such information has been identified herein as information the vendor considers
confidential or proprietary.
Confidential / Proprietary Information:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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B. Copyright Information
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright
information?
NO, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not
contain copyright information.
YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does
contain copyright information.
If you responded “YES”, identify below the specific documents or pages containing copyright information.
Copyright Information: _________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members
BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to
view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential,
proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract
award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such
information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be
responsible for the use or distribution of information by BuyBoard members or any other party.
D. Consent to Release Proposal Tabulation
Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor
consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public
BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist
name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award
information.
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my
company to make this certification and all consents and agreements contained herein.
_______________________________________
Company Name
_______________________________________
Signature of Authorized Company Official
_______________________________________
Printed Name
_______________________________________
Date
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VENDOR BUSINESS NAME
By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must
be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and
accurately provide the information requested below or your Proposal may be deemed non-responsive.
Name of Proposing Company: ____________________________________________________________
Type of Business:
Individual/Sole Proprietor _____
Corporation _____
Limited Liability Company _____
Partnership _____
Other _____ If other, identify ________________________
________________________
________________________
State of Incorporation (if applicable): ___________________________
Federal Employer Identification Number: ___________________________
List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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EDGAR VENDOR CERTIFICATION
(2 CFR Part 200 and Appendix II)
When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific
federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited
to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or new “EDGAR”). All Vendors submitting
proposals must complete this EDGAR Certification Form regarding Vendor’s willingness and ability to comply with certain
requirements which be applicable to specific Cooperative member purchases using federal grant funds. This completed
form will be made available to Cooperative members for their use while considering their purchasing options when using
federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the
BuyBoard contract’s general terms and conditions, to address the member’s specific contractual needs, including contract
requirements for a procurement using federal grants or contracts.
A “NO” response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase
from the Vendor using federal funds.
1. Vendor Violation or Breach of Contract Terms:
Contracts for more than the Simplified Acquisition Threshold, which is the inflation adjusted amount determined by the Civilian
Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18,
Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and
Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or
Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and
protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions.
The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By
submitting a Proposal, you agree to these Vendor violation and breach of contract terms.
2. Termination for Cause or Convenience:
For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following
term and condition shall apply:
If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner
by which it will be effected and the basis for settlement, is included in the Cooperative member’s purchase order, ancillary
agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member’s provision shall control.
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3. Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition
of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such
provision applies to any Cooperative member purchase or contract that meets the definition of “federally assisted construction
contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision.
4. Davis-Bacon Act:
When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction
contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages
to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary
of Labor. In addition, Vendor shall pay wages not less than once a week.
Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that,
for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s
acceptance of the wage determination.
Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act:
Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of
mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
6. Right to Inventions Made Under a Contract or Agreement:
If the Cooperative member’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
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7. Clean Air Act and Federal Water Pollution Control Act:
Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended – Contracts
and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to
comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and
the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean
Air Act and the Federal Water Pollution Control Act.
8. Debarment and Suspension:
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made
to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR
Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended,
or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order
12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases
or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred,
suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
9. Byrd Anti-Lobbying Amendment:
Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise
comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).
10. Procurement of Recovered Materials:
For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information
and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and
resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in
the EPA guidelines.
11. Profit as a Separate Element of Price:
For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required
to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member,
Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of
the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the
Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative
Contract.
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12. General Compliance and Cooperation with Cooperative Members:
In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative
member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such
requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable
recordkeeping and record retention requirements.
Vendor Certification Item No.
Vendor Certification:
YES, I agree or
NO, I do NOT agree Initial
1. Vendor Violation or Breach of Contract Terms
2. Termination for Cause or Convenience
3. Equal Employment Opportunity
4. Davis-Bacon Act
5. Contract Work Hours and Safety Standards Act
6. Right to Inventions Made Under a Contract or Agreement
7. Clean Air Act and Federal Water Pollution Control Act
8. Debarment and Suspension
9. Byrd Anti-Lobbying Amendment
10. Procurement of Recovered Materials
11. Profit as a Separate Element of Price
12. General Compliance and Cooperation with Cooperative Members
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my
company to make this certification and all consents and agreements contained herein.
__________________________________________
Company Name
__________________________________________
Signature of Authorized Company Official
__________________________________________
Printed Name
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PROPOSAL INVITATION QUESTIONNAIRE
The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial
resources to provide the goods and perform the services (“Work”) under the BuyBoard contract contemplated by this Proposal
Invitation (“Contract”). Proposers must fully answer each question, numbering your responses to correspond to the
questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where
indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal.
You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be
considered.
1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your
company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition
by another entity.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this
Contract. State the number and summarize the experience of company personnel who may be utilized for the Work,
including those who will be available to Cooperative members for assistance with project development, technical issues,
and product selection for Work associated with this Contract.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
3. Describe Proposer’s financial capability to perform the Contract. State or describe the firm’s financial strength and rating,
bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm’s past or present owners,
principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency
proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing
agreement? If so, provide detailed information on the nature of such items and prospects for resolution.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or
that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and
the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work,
or termination.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against
your firm, or any of the firm’s past or present owners, principal shareholders or stockholders, officers, agents or
employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract.
Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim,
and resolution or current status.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
By signature below, I certify that the information contained in and/or attached to this Proposal Invitation
Questionnaire in response to the above questions is true and correct and that I am authorized by my company
to make this certification.
________________________________________________
Company Name
________________________________________________
Signature of Authorized Company Official
Page 39 of 64
12007 Research Boulevard ·Austin, Texas 78759-2439 · PH: 800-695-2919 ·FAX: 800-211-5454 ·buyboard.com
Proposal Forms COMM/SVCS v.09.05.2019
R EQUIRED F ORMS C HECK LIST
(the following)
Completed: Proposer’s Agreement and Signature
Completed: Vendor Contact Information
Completed: Felony Conviction Disclosure and Debarment Certification
Completed: Resident/Nonresident Certification
Completed: No Israel Boycott Certification
Completed: No Excluded Nation or Foreign Terrorist Organization Certification
Completed: Historically Underutilized Business (HUB) Certification)
Completed: Construction Related Goods and Services Affirmation
Completed: Deviation/Compliance
Completed: Location/Authorized Seller Listings
Completed: Manufacturer Dealer Designation
Completed: Texas Regional Service Designation
Completed: State Service Designation
Completed: National Purchasing Cooperative Vendor Award Agreement
Completed: Federal and State/Purchasing Cooperative Experience
Completed: Governmental References
Completed: Marketing Strategy
Completed: Confidential/Proprietary Information
Completed: Vendor Business Name with IRS Form W-9
Completed: EDGAR Vendor Certification
Completed: Proposal Invitation Questionnaire
Completed: Required Forms Checklist
Completed: Proposal Specification Form with Catalogs/Pricelists
Page 40 of 64
Proposal Invitation No. 613-20 Swimming Pool Chemicals, Supplies and Equipment(Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered¹.)Item No. Short Description Full Description State Percent (%) of Discount off Catalog/Pricelist¹State Name of Catalog/Pricelist¹Exceptions to Discount1Discount (%) Off Catalog/Pricelist for Swimming Pool Chemicals Please state the discount (%) off catalog/pricelist for Swimming Pool Chemicals. Catalog/Pricelist MUST be included or proposal will not be considered.______________%2Discount (%) Off Catalog/Pricelist for Swimming Pool Chemical Feed Systems Please state the discount (%) off catalog/pricelist Swimming Pool Chemical Feed Systems. Catalog/Pricelist MUST be included or proposal will not be considered.______________%3Discount (%) Off Catalog/Pricelist for Swimming Pool Mechanical Equipment Please state the discount (%) off catalog/pricelist Swimming Pool Mechanical Equipment (Pumps, Motors, Filters, and related items). Catalog/Pricelist MUST be included or proposal will not be considered.______________%4Discount (%) Off Catalog/Pricelist for Swimming Pool Water Testing Products Please state the discount (%) off catalog/pricelist for Swimming Pool Water Testing Products. Catalog/Pricelist MUST be included or proposal will not be considered.______________%5Discount (%) Off Catalog/Pricelist for Swimming Pool Automatic Cleaning Equipment Please state the discount (%) off catalog/pricelist for Swimming Pool Automatic Cleaning Equipment (Vacuums, and related items). Catalog/Pricelist MUST be included or proposal will not be considered.______________%NOTE: Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit the information as follows or proposal may not be considered: If a vendor’s response to Proposal Specification Form states “please see attachment sheet,” all manufacturers listed on the attachment sheet must indicate per manufacturer the line item that correlates to Proposal Specification Form or Vendor’s proposal may not be considered. Section I: Equipment, Products, and SuppliesPROPOSAL NOTE1. Catalogs/Pricelists are required to be submitted with ProposalPROPOSAL SPECIFICATION FORMPage 41 of 64
Proposal Invitation No. 613-20 Swimming Pool Chemicals, Supplies and Equipment(Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered¹.)Item No. Short Description Full Description State Percent (%) of Discount off Catalog/Pricelist¹State Name of Catalog/Pricelist¹Exceptions to Discount6Discount (%) Off Catalog/Pricelist for Swimming Pool Underwater Lights and Electrical Accessories Please state the discount (%) off catalog/pricelist for Swimming Pool Underwater Lights and Electrical Accessories. Catalog/Pricelist MUST be included or proposal will not be considered.______________%7Discount (%) Off Catalog/Pricelist for Swimming Pool Main Drains, Fittings, and Skimmers Please state the discount (%) off catalog/pricelist for Swimming Pool Main Drains, Fittings, and Skimmers. Catalog/Pricelist MUST be included or proposal will not be considered.______________%8Discount (%) Off Catalog/Pricelist for Swimming Pool Coatings and Compounds Please state the discount (%) off catalog/pricelist for Swimming Pool Coatings and Compounds. Catalog/Pricelist MUST be included or proposal will not be considered.______________%9Discount (%) Off Catalog/Pricelist for Swimming Pool Covers and Storage ReelsPlease state the discount (%) off catalog/pricelist for Swimming Pool Covers and Storage Reels. Catalog/Pricelist MUST be included or proposal will not be considered.______________%10Discount (%) Off Catalog/Pricelist for Swimming Pool Furniture and Supplies Please state the discount (%) off catalog/pricelist for Swimming Pool Furniture and Supplies. Catalog/Pricelist MUST be included or proposal will not be considered.______________%11Discount (%) Off Catalog/Pricelist for Swimming Pool Ladders, Rails, Slides, and Diving BoardsPlease state the discount (%) off catalog/pricelist for Swimming Pool Ladders, Rails, Slides, and Diving Boards. Catalog/Pricelist MUST be included or proposal will not be considered.______________%12Discount (%) Off Catalog/Pricelist for Swimming Life JacketsPlease state the discount (%) off catalog/pricelist for Swimming Life Jackets. Catalog/Pricelist MUST be included or proposal will not be considered.______________%PROPOSAL NOTE1. Catalogs/Pricelists are required to be submitted with ProposalPROPOSAL SPECIFICATION FORMPage 42 of 64
Proposal Invitation No. 613-20 Swimming Pool Chemicals, Supplies and Equipment(Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered¹.)Item No. Short Description Full Description State Percent (%) of Discount off Catalog/Pricelist¹State Name of Catalog/Pricelist¹Exceptions to Discount13Discount (%) Off Catalog/Pricelist for Swimming Pool Repair PartsPlease state the discount (%) off catalog/pricelist for Swimming Pool Repair Parts. Catalog/Pricelist MUST be included or proposal will not be considered.______________%14Discount (%) Off Catalog/Pricelist for All Other Related Swimming Pool ProductsPlease state the discount (%) off catalog/pricelist for All Other Related Swimming Pool Products. Catalog/Pricelist MUST be included or proposal will not be considered.______________%Item No. Short Description Full Description Not to Exceed Hourly Labor RateDetailed Information on Hourly Labor RateExceptions to Hourly Labor Rate15Not to Exceed Hourly Labor Rate for Installation/Repair of Swimming Pool Water Treatment Chemicals, Supplies, and EquipmentHourly Labor Rate for Installation/Repair of Swimming Pool Water Treatment Chemicals, Supplies, and Equipment -- State the Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products.$ ___________/Hour16Not to Exceed Hourly Labor Rate for Installation/Repair of Swimming Pool Coatings and CompoundsHourly Labor Rate for Installation/Repair of Swimming Pool Coatings and Compounds -- State the Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products.$ ___________/HourSection II: Installation and Repair ServicePROPOSAL NOTE1. Catalogs/Pricelists are required to be submitted with ProposalPROPOSAL SPECIFICATION FORMPage 43 of 64