TS06-17 Complete (FINAL) COOPERATIVE PURCHASING PROGRAM
Houston-Galveston Area Council of Governments
3555 Timmons, Suite 120, Houston, TX 77027
Phone: 800-926-0234 Fax: 713-993-4548
www.hgacbuy.org
INVITATION TO SUBMIT COMPETITIVE: BIDS PROPOSALS
INVITATION NO.: TS06-17 ISSUE DATE: January 3, 2017
CATEGORY: Temporary Staffing, Direct-Hire and Other Employer Services
PURPOSE OF THIS INVITATION
The Cooperative Purchasing Program (HGACBuy) of the Houston-Galveston Area Council of Governments is
soliciting offerings for the furnishing of products/services as described herein. These products/services may be
purchased by any of more than 6,000 member local governments, districts, agencies in 50 states across the nation.
Responses must be submitted in an original and one (1) copy, and shall be subject to the terms, conditions,
requirements and specifications detailed in the documents comprising this Invitation. Responses are scheduled to be
opened publicly at H-GAC offices on the date indicated. For Bid Invitations, responses will be available for public
review until 4:00 p.m. CT that day, and on subsequent days by appointment only. Any Responses submitted later than
1:00 p.m. on the due date will be returned unopened to the bidder/proposer.
PROCUREMENT SCHEDULE & DETAILS
DRAFT SPECIFICATION / INVITATION: November 15, 2016
PRE-BID/PROPOSAL CONFERENCE: December 13, 2016, @ 9:00 AM CT, Conference Room B
FINAL SPECIFICATION / INVITATION: January 3, 2017
BID/PROPOSAL RESPONSES DUE: January 30, 2017, @ 1:00 PM CT, H-GAC Clock
PUBLIC RESPONSE OPENING: January 30, 2017, @ 2:00 PM CT, Conference Room B
RECOMMENDATIONS TO BOARD: April 18, 2017
CONTRACT START DATE & TERM: June 1, 2017 through May 31, 2020 (3 years)
The documents comprising this Invitation are available via web download at: https://www.hgacbuy.org/bids/
For assistance regarding this Invitation, please contact:
Name: Aundre Petty Phone: 713-993-2453 E-mail: aundre.petty@h-gac.com
CONTENTS OF THIS INVITATION
SECTION A - General Terms & Conditions
SECTION B - Product/Service Specific Requirements & Specifications (Final)
SECTION C - HGACBuy FORMS (Final)
SECTION D - Pro-Forma (Sample) Contract
This procurement conforms to government requirements for Competitive Procurement.
LABELING OF SEALED RESPONSE PACKAGE
IMPORTANT:
You must affix an identifying label to the outside of your Sealed Response Package to ensure
proper identification and log-in at HGACBuy offices on receipt. HGACBuy is not
responsible for any response that might be lost or misdirected due to improper or unclear
labeling. Your label should look as follows and should be affixed conspicuously to the
package.
H-GAC Cooperative Purchasing
Sealed Bid/Proposal No. TS06-17
DO NOT OPEN IN MAIL ROOM
Responses by E-mail or FAX will not be acceptable. Hard copies, as described herein, plus
appropriate electronic media are required.
NOTICE REGARDING NATIONWIDE SALES POTENTIAL
HGACBuy is conducting this procurement with the objective of establishing one or more blanket type
contracts for use by our Members. Because our Members are located not only in Texas, but throughout the
country, we strongly urge you to participate in the process at the corporate level. If you do not sell direct,
your dealer network may still service customers while you handle the administrative functions of providing
quotes, accepting purchase orders, and collecting payments. If this is not feasible, we will work with you
to subsequently assign your contract to your dealers as necessary to service customers.
Whatever approach you choose to take, there is considerable potential sales value because HGACBuy is
being used not only in the State of Texas, but NATIONWIDE. This means that HGACBuy contractors
will have a special advantage available to them in promoting sales to government agencies throughout the
country… the ability to sell products without the need for the buyer to duplicate the competitive bidding
process and expend the associated staff time and taxpayer dollars. We believe an HGACBuy contract
would enhance your competitive position in the government marketplace, and are eager to work with you
to promote the best interests of our participating local governments and qualifying non-profit organizations.
We look forward to your participation in our process. Please contact the HGACBuy staff member listed
on the cover of this Invitation for additional information.
Revised: 01/26/15 Page 1 of 19
SECTION A
GENERAL TERMS & CONDITIONS
FOR BIDS AND PROPOSALS
INVITATION NO. TS06-17
DESCRIPTION: Temporary Staffing, Direct-Hire and Other Employer Services
TABLE OF CONTENTS
1. INTRODUCTION ................................................................................................................................................ 2
2. DEFINITIONS, ABBREVIATIONS & ACRONYMS ........................................................................................ 2
3. NON-BINDING ORAL COMMENTS ................................................................................................................ 4
4. STRUCTURE OF RESPONSE ............................................................................................................................ 4
5. BASIC REQUIREMENTS & CONDITIONS ...................................................................................................... 4
6. OFFEROR'S AUTHORIZED SIGNATORY ....................................................................................................... 5
7. SURETY FOR INSURANCE .............................................................................................................................. 5
8. CONFIDENTIAL / PROPRIETARY MATERIALS ........................................................................................... 6
9. REFERENCES ..................................................................................................................................................... 6
10. INSURANCE ................................................................................................................................................... 6
11. OFFEROR CERTIFICATIONS ....................................................................................................................... 6
12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION ............................................. 7
13. NON-RESIDENT RECIPROCAL SALES ACT ............................................................................................. 7
14. TEXAS MOTOR VEHICLE COMMISSION CODE & LICENSING ............................................................ 8
15. INTENT AND SCOPE OF SPECIFICATIONS .............................................................................................. 8
16. REQUIREMENTS APPLICABLE TO PHYSICAL GOODS ......................................................................... 8
17. PRODUCT CODES ......................................................................................................................................... 8
18. SPECIFIC DESCRIPTIVE REFERENCES ..................................................................................................... 9
19. MANUALS ...................................................................................................................................................... 9
20. STANDARD FEATURES & OPTIONS ......................................................................................................... 9
21. WARRANTIES, SALES & SERVICE .......................................................................................................... 10
22. H-GAC ORDER PROCESSING CHARGE .................................................................................................. 10
23. PRE-PAYMENTS AND DISCOUNTS ......................................................................................................... 10
24. INSPECTION / TESTING ............................................................................................................................. 11
25. PRODUCT DELIVERY................................................................................................................................. 11
26. OFFERED PRODUCT ITEM VARIANCES ................................................................................................ 11
27. REQUIREMENTS FOR SUBMISSION OF A RESPONSE ......................................................................... 11
28. CLARIFICATION TO SPECIFICATIONS & REQUIREMENTS ............................................................... 13
29. INCONSISTENT INFORMATION ............................................................................................................... 13
30. REJECTION OF RESPONSES ...................................................................................................................... 13
31. WITHDRAWAL OR MODIFICATION OF RESPONSES .......................................................................... 14
32. RESPONSE EVALUATION ......................................................................................................................... 14
33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD ................................................................ 14
34. AWARD OF CONTRACT ............................................................................................................................ 14
35. PRO-FORMA CONTRACT .......................................................................................................................... 14
36. CONTRACT TERM ...................................................................................................................................... 15
37. PERFORMANCE & PAYMENT BOND ...................................................................................................... 15
38. CHANGE ORDERS ....................................................................................................................................... 15
Revised: 01/26/15 Page 2 of 19
39. DUPLICATION OF TERMS OR STATEMENTS ........................................................................................ 15
40. PUBLICITY ................................................................................................................................................... 15
41. TAXES ........................................................................................................................................................... 15
42. DRUG FREE WORKPLACE ........................................................................................................................ 15
43. PRODUCT NOTICES & MAILINGS ........................................................................................................... 15
44. HANDLING OF ORDERS & PAYMENTS .................................................................................................. 15
45. PRICE CHANGES ......................................................................................................................................... 16
46. CONTRACT ITEM CHANGES .................................................................................................................... 17
47. FORCE MAJEURE ........................................................................................................................................ 17
48. PERFORMANCE UNDER CONTRACT ..................................................................................................... 17
49. IMPLEMENTATION OF INTERNET BASED E-COMMERCE ................................................................ 18
50. CONTRACTOR ORIENTATION/TRAINING ............................................................................................. 18
51. LEGAL & CONTRACTUAL REMEDIES ................................................................................................... 18
52. NATIONWIDE SALES OPPORTUNITIES.................................................................................................. 19
1. INTRODUCTION
The Houston-Galveston Area Council (H-GAC) is a "Government-to-Government" procurement service for States,
State Agencies, Local Governments, Districts, Authorities, and qualifying Not-for-Profit Corporations (End Users).
End Users become Members of the H-GAC Cooperative Purchasing Program (HGACBuy) by executing an
Interlocal Contract, which is free of cost and evergreen unless cancelled. HGACBuy, acting on behalf of
Members, is soliciting competitive offerings for the furnishing of products and/or services, as described elsewhere,
which MAY be purchased by Members during the contract term. Members using the Program issue purchase
orders directly to HGACBuy contractors.
2. DEFINITIONS, ABBREVIATIONS & ACRONYMS
The following definitions, abbreviations and acronyms may be found in these specifications, and shall be interpreted
herein as specified below.
Definitions and Abbreviations:
Acceptance. Acceptance takes place when the End User agrees with the Contractor that the terms and conditions
of the contract have been met and verified. Acceptance is not the same as Receipt, and can only occur after intact
shipping, inspection by End User, and any onsite testing that has been stipulated as part of the order
Aggregate/Single Occurrence. The term "aggregate" in insurance terms is the sum of all claims against a specific
policy for a specific loss incident. The term "single occurrence" differentiates between multiple claims and single
claims against a specific policy. The inherent value of a policy's aggregate value is less important to an End User
than is the value of a single claim as stated under "single occurrence."
Approved. Acceptable to the "authority having jurisdiction."
ARO. “After Receipt of Order”. Used in conjunction with a defined time period (usually days or weeks) to
establish the delivery or lead time pursuant to any individual purchase transaction. In the case of orders for bodies
which will be mounted on a customer furnished cab/chassis, the term ARO shall be construed to mean “After
Receipt Of Cab/Chassis”.
Authority Having Jurisdiction. The authority shall be either H-GAC or the relevant End User based on the
requirements as stated in each specification item. Unless specifically stated, the authority shall be H-GAC.
Bidder. Any entity that submits a competitive bid to this Invitation. (See also "Offeror")
Change Order. Request by an End User for a change in the composition of an already submitted purchase order,
for example to change quantity ordered, add or delete items, etc.
Contract. Specifically, a contract between H-GAC and a successful Offeror which is executed based on an award
made pursuant this Invitation.
Contract Pricing Worksheet. The standard H-GAC form to by used by Contractor in preparing a quotation to an
End User, upon which End User's purchase order will be based. Contractor may use another quotation form
provided it contains required information, and only if approved by H-GAC.
Contractor. The contracted business entity responsible for fulfilling a contract executed pursuant to this Invitation.
Revised: 01/26/15 Page 3 of 19
Dealer/Distributor. A duly authorized and/or franchised business entity which sells and services a manufacturer’s
product in a specified marketing area.
Defect. A discontinuity in a part or a failure to function that interferes with the service or reliability for which the
part was intended.
Electronic Media. As used herein, means computer based media such as 100mb Zip Disk, CDRom, e-mail, e-mail
attachment, file downloaded from the web, etc.
End User. (See "Participant" and “Member”)
Listed. Equipment or materials included in a list published by an organization, acceptable to the "Authority Having
Jurisdiction" and concerned with product evaluation, that conducts periodic inspection of production of listed
equipment or materials and whose listing states either that the equipment or materials meet appropriate standards or
has been tested and found suitable for use in a specified manner. NOTE: The means for identifying listed equipment
may vary for each organization concerned with product evaluation, some of which do not recognize equipment as
listed unless it is also labeled. The "authority having jurisdiction" should utilize the system employed by the listing
organization to identify a listed product.
Manufacturer. The person or persons, company firm, corporation, partnership, or other organization responsible
for taking raw materials or components and making a finished product.
May. A term indicating a permissive use or an acceptable alternative to a specified requirement.
Member. An authorized Participant in the Program. (See "Participant" and “End User”)
Motor Vehicle. The meaning of this term shall be based on the legal definition ascribed to it by the laws and/or
regulations of the state in which any specific sale made pursuant to a Contract takes place.
Must. A term indicating a mandatory requirement.
Offer or Offering. Any product or service offered in reply to this Invitation.
Offeror. Any entity that submits a competitive bid or proposal in response to this Invitation. Bidder or Proposer.
Participant. Generally, any qualifying governmental or non-profit entity which has executed an Interlocal Contract
for cooperative purchasing services with H-GAC.
Product Liability Insurance. Failure of Components and/or assembled equipment resulting in personal injury,
disability or death and/or property damage is covered under the product liability insurance provisions.
Product or Product Item. Any of the specific goods, materials, equipment or service(s) specified in this Invitation.
This term encompasses the base line item itself, and any and all accessories, options, modifications, ancillary
services, assembly, testing, etc. that may be included in the delivered Product.
Proposer. Any entity that submits a competitive proposal in response to this Invitation. (See also "Offeror")
Purchaser. The End User having responsibility for the specification, requisition, ordering and acceptance of the
Product or Service. (See also "End User")
Purchasing Authority. The agency that has sole responsibility and authority for negotiating, placing and, if
necessary, modifying any solicitation, purchase order, or other award issued by a governing body [H-GAC].
Quotation. See "Contract Pricing Worksheet".
Receipt. Receipt takes place when a Product or Service is delivered to an End User and a document is executed
that establishes that the Product is now in the possession of the End User or that the Service has been completed.
Receipt DOES NOT connote or imply Acceptance.
Response. All or part of any offering submitted in response to this Invitation.
Shall. A term indicating a mandatory requirement or action.
Should. A term indicating a recommended or advised response to a specified requirement.
Vendor. A manufacturer's representative or dealer authorized to make sales and supply parts and service.
Acronyms:
ANSI = American National Standards Institute
ASTM = American Society for Testing and Materials
ASME = American Society of Mechanical Engineers
CFR = U.S. Code of Federal Regulations
DOJ = U.S. Department Of Justice
DOT = U.S. Department Of Transportation
EPA = U.S. Environmental Protection Agency
FAA = Federal Aviation Administration
FMVSS = U.S. Federal Motor Vehicle Safety Standards
H-GAC = Houston-Galveston Area Council of Governments
Revised: 01/26/15 Page 4 of 19
IEEE = Institute of Electrical and Electronics Engineers
MVD = Motor Vehicle Division of Texas Department of Transportation
NFPA = National Fire Protection Association
NHTSA = National Highway Traffic Safety Administration
NIOSH = National Institute For Occupational Safety And Health
NIST = National Institute of Standards and Technology
NTEA = National Truck Equipment Association
OSHA = U.S. Occupational Safety and Health Administration
RRC = Railroad Commission of Texas
SAE = Society of Automotive Engineers
TBPC = Texas Building and Procurement Commission (formerly GSC)
TxDOT = Texas Department Of Transportation
UL = Underwriter's Laboratories Inc.
VTCS = Vernon's Texas Civil Statutes
3. NON-BINDING ORAL COMMENTS
No oral comment, utterance or response made by any employee, member, or agent of H-GAC or any Member of the
Cooperative Purchasing Program shall be considered factual or binding with regard to this Invitation, or any contract
awarded as a result of this Invitation. Valid and binding terms, conditions, provisions, changes or clarifications, or
requests thereof, shall ONLY be communicated written form.
4. STRUCTURE OF RESPONSE
Depending on the Product or Service, market structures and sales practices can differ substantially. For example,
dealers may sell into any market or may be restricted to certain territories, manufacturers may sell direct or may be
limited by law to selling thru independent dealerships, etc. H-GAC’s objective is to ensure that End Users, no
matter where located, can buy contracted products/services and receive quality and timely service and support, while
at the same time allowing for the most appropriate and effective response to this Invitation. Therefore, responses to
this Invitation will be accepted in conformance with the following scenarios and requirements:
A. Single Respondent Acting Alone Or As "Lead" For A Group:
Offeror shall complete and sign a Form A and, if contracted, shall be solely responsible for all contractual
requirements including administration, processing of purchase orders and handling of payments for
transactions which may involve other dealers who actually deliver the products or services.
B. Multiple Respondents Acting Jointly:
A single Response shall be submitted, and each party to the Response shall complete and sign a separate Form
A to be included in the single Response. If the Response is successful each party shall sign a separate contract
with H-GAC and shall be responsible for compliance with all terms and conditions. Only those which have
executed a written contract with H-GAC may process purchase orders and payments.
In any event, Offeror may be a party to one, and only one, response.
5. BASIC REQUIREMENTS & CONDITIONS
a. The final requirements and specifications contained herein may be different, perhaps materially, from those in
the “Invitation To Attend Pre-Bid / Pre-Proposal Conference”, if any. It is Offeror’s sole responsibility to
thoroughly examine and review all documentation associated with this Invitation, including any Addendums,
and to insure that any response submitted complies in every respect with all requirements.
b. Any Addendum to this Invitation which may be required prior to the Response due date will be delivered to
those prospective Offerors of record who have previously obtained a copy of this Invitation from H-GAC.
Prospective Offerors shall be responsible for obtaining all documents relating to submission of a Response.
c. Offeror shall thoroughly examine any drawings, specifications, schedules, instructions and any other
documents, supplied as a part of this Invitation, and is solely responsible for understanding and compliance.
d. H-GAC shall not be liable for Offeror's incomplete documentation, or for any costs associated with
preparation and submission of any Response hereto. Additionally, all components of any Response become the
property of H-GAC, and shall be considered to be in the public domain.
Revised: 01/26/15 Page 5 of 19
e. Offeror shall make all investigations necessary to become thoroughly informed regarding any plan and/or
infrastructure that may be required to support delivery of any Product or Service covered by this Invitation. No
plea of ignorance by Offeror stemming from failure to investigate conditions that may now or hereafter exist,
shall be accepted as a basis for varying H-GAC's requirements, or Offeror's/Contractor's obligations or
entitlements.
f. Requests for changes to the requirements or specifications herein must be in writing (e-mail, fax, letter) and
must be received by H-GAC no later than fifteen (15) calendar days prior to the Response Due Date. H-GAC
will review such requests, but may or may not make changes at its sole discretion. Changes, if any, will only be
made by written Addendum sent to addressees of record. In any event, it is Offeror's sole responsibility to
insure that any and all Addendums which may have been issued have been received and addressed.
g. By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will
be part of any subsequent contract that is executed pursuant to this Invitation.
h. Offeror is advised that all H-GAC contracts are subject to the legal requirements established in any applicable
Local, State or Federal statute.
i. Offeror/Contractor must be in compliance with all licensing, permitting, registration and other applicable
legal or regulatory requirements imposed by any governmental authority having jurisdiction. It is
Offeror/Contractor’s responsibility to insure that this requirement is met, and to supply to H-GAC upon
request, copies of any license, permit or other documentation bearing on such compliance.
j. Unless otherwise established elsewhere in this Invitation, NO minimum purchase quantities or spending levels
are provided or guaranteed by H-GAC or any End User.
k. This Invitation is not meant to restrict competition, but rather is intended to allow for a wide range of responses.
l. Responses which are 'qualified' with conditional clauses or alterations of or exceptions to any of the terms and
conditions in this Invitation may be deemed non-compliant at H-GAC's sole discretion.
m. The term ‘Offeror’, or derivative thereof, shall become synonymous with ‘Contractor’ for any successful
Offeror recommended for a contract pursuant to this Invitation.
n. H-GAC reserves the right to:
Reject any and all offers received in response to this Invitation.
Reject any part of an offer received in response to this Invitation.
Determine the correct price and/or terminology in the event of any discrepancies in any response.
Accept a response from, and enter into agreement with, other than the lowest price Offeror.
Accept responses and award contracts to as many or as few Offerors as H-GAC may select.
Amend, waive, modify, or withdraw (in part or in whole) this Invitation, or any requirements herein.
Hold discussions with Offerors, although award may be made without discussion.
Request an Offeror to give a presentation of the Response at a time and place scheduled by H-GAC.
Exercise any of these rights at any time without liability to any Offeror.
o. H-GAC reserves the right to determine that conditions exist which prevent the public opening of responses on
the date and at the time advertised, and to reschedule the public opening for a future date and time. Responses
received by H-GAC by the original deadline will be secured unopened until the rescheduled opening date and
time, and those having timely submitted such responses will be notified.
6. OFFEROR'S AUTHORIZED SIGNATORY
The signatory shall be authorized to sign and contractually bind Offeror, and shall sign any and all Response
documentation requiring a signature.
7. SURETY FOR INSURANCE
Contractor shall be responsible for using a surety company properly licensed by any and all states in which
Contractor will do business with Participants. The surety company shall not expose itself to any loss on any one risk
in an amount exceeding ten percent (10%) of its surplus to policy holders, provided any risk or portion of any risk
shall have been reinsured, and such reinsurance shall be deducted in determining the limitation of risk applicable to
H-GAC's insurance requirements.
Revised: 01/26/15 Page 6 of 19
8. CONFIDENTIAL / PROPRIETARY MATERIALS
All documentation submitted as part of Offeror's response to this Invitation will be considered to be in the public
domain and may be made available to Members and others, after contract award, upon properly submitted request. If
Offeror submits documents marked “confidential” or “proprietary”, the Response may be deemed non-compliant.
9. REFERENCES
a. Offeror shall list the names of at least five government agencies within the continental United States which
have purchased from Offeror products or services similar to those covered by this Invitation, within the last two
years. H-GAC reserves the right to determine if such products or services are appropriately similar.
b. Offeror may provide reference information in whatever format desired, but each should include the following
specific information:
Agency name
Contact person name
Address
Phone & Fax numbers
Description of product(s) or service(s) and date sold
c. Other information, including criticism however learned, may be used by H-GAC in evaluation of responses.
10. INSURANCE
a. Unless otherwise stipulated in Section B, Offeror/Contractor must have the following insurance and coverage
minimums:
General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate
limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate
limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For
Automotive Fire Apparatus, see Section B – Product Specific of this Invitation.
Property Damage or Destruction insurance is required for coverage of End User owned equipment while in
Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the
General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried
in several ways, e.g. under an Inland Marine policy, as part of Automobile coverage, or under a Garage Keepers
policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted
to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to this Invitation, and for any
extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of
the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Offeror/Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Offeror/Contractor, all such parties are
required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate
insurance certificate must be submitted for each such party.
e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and
document accuracy.
11. OFFEROR CERTIFICATIONS
Offeror, by submission of a Response hereto, makes the following certifications under penalty of perjury and
possible contract termination if any of these certifications are found to be false.
Non-Collusive Response
a. The prices in the Response have been arrived at independently without collusion, consultation, communication,
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
Offeror or potential competitor.
Revised: 01/26/15 Page 7 of 19
b. The prices which have been quoted in the Response (unless otherwise required by law), have not been
knowingly disclosed by Offeror and will not be knowingly disclosed by Offeror prior to the public response
opening, either directly or indirectly, to any other Offeror or competitor.
c. No attempt has been made or will be made by Offeror to induce any other person, partnership or corporation to
submit or not to submit a response for the purpose of restricting competition.
Non-Biased Specifications
This Invitation contains no requirements considered to be unduly biased in favor of Offeror or any other Offerors
that may be competing for this procurement.
No Financial Interest or Other Conflict
a. No H-GAC officer, employee, Board of Directors member or member of any H-GAC board or commission,
nor family member of any such person, has a financial interest, direct or indirect, in Offeror or in any contract
Offeror might enter into with H-GAC.
b. No economic or employment opportunity, gift, loan, gratuity, special discount, trip, favor or service has been, or
will be, offered or given to any officer, employee, Board of Directors member, or member of any H-GAC board
or commission, nor to any family member of any such person.
Debarment and Suspension Status
a. Offeror is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any government agency, nor is Offeror an agent of any person or entity
that is currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
covered transaction by any government agency.
b. Offeror has not within a three year period preceding this Invitation been convicted of or had a civil suit
judgement renedered against Offeror for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain or performing a public transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statement, or receiving stolen property.
c. Offeror is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,
state, or local) with commission of any of the offenses enumerated above.
d. Offeror has not, within a three year period preceding this Invitation, had any government (federal, state, or
local) transactions terminated for cause or default.
Insurance Coverages
Offeror has and will maintain insurance coverage in accordance with the requirements of this Invitation.
Licensing & Permits
Offeror(s) has (have) all licenses and/or permits, required by any and all governmental entities having jurisdiction,
to legally sell the products/services offered.
12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION
a. To satisfy Texas' statutory requirements [Government Code, Chapter 2161, Subchapter D], H-GAC requires all
Offerors to supply information in any bid/proposal response listing (1) the total number of subcontracts and (2)
the total number of HUB contracts applicable to the Products or Services offered in the response. Local
governments often require this information for their own reporting requirements prior to placing orders through
the H-GAC Cooperative Purchasing Program.
b. Offeror must complete Form B and include subcontracts with HUB’s that provide any materials or services
related to sales that may be made thru H-GAC’s Cooperative Purchasing Program.
13. NON-RESIDENT RECIPROCAL SALES ACT
As required by Texas Civil Statutes in the award of contracts, an offeror which is not a Texas resident business must
determine if its state of residence prohibits award of government contracts to Texas resident offerors without
penalty. If Offeror’s resident state DOES penalize Texas offerors, Offeror must provide this information along
with a copy of its applicable resident state's statute in the Response.
Revised: 01/26/15 Page 8 of 19
14. TEXAS MOTOR VEHICLE COMMISSION CODE & LICENSING
Sales of motor vehicles in the State of Texas are subject to the Texas Motor Vehicle Commission Code. If this
Invitation includes any motor vehicle to be sold in the State of Texas, Offeror certifies by submission of a response
hereto that all required Texas Motor Vehicle Commission licenses are in place and current, and that copies of all
such licenses have been submitted with the Response. Further, it shall be Contractor's responsibility to keep
current all required Texas Motor Vehicle Commission licensing during the term of the contract, and to furnish
license copies at any time on request by H-GAC. If Contractor does not maintain current licensing, H-GAC
reserves the right to immediately terminate the contract.
NOTE: In accordance with the Texas Motor Vehicle Commission Code, contracts for motor
vehicles to be sold within the state of Texas may be made ONLY with properly licensed Texas
Motor Vehicle Dealers. Therefore, to be considered for a contract covering Texas End Users,
the Response must include a Form A from a licensed Texas Motor Vehicle Dealer
15. INTENT AND SCOPE OF SPECIFICATIONS
a. The intent of the specifications herein is to provide Offeror with sufficient information concerning the
Products/Services to be contracted such that Offeror can prepare and submit an acceptable Response.
b. The specifications may be detailed or general in nature with regard to any particular Product/Service. Where not
otherwise specified, details of construction, materials, or the way in which services will be provided, are left to
the discretion of the Offeror, provided only that any offering shall conform, as a minimum, to best Industry
standards and practices and to what is currently being sold in the marketplace.
c. Responses shall be considered only from Offerors that have established good reputations in their markets, and
who furnish satisfactory evidence of ability to supply the Products/Services specified herein.
d. Offeror shall show proof of ability to provide to End Users prompt and competent service, including parts if
applicable, for all Products/Services covered by this Invitation, by proper completion of a Service Organization
Document as described elsewhere herein.
16. REQUIREMENTS APPLICABLE TO PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must,
unless otherwise stipulated in Section B:
a. Be new, unused, and not refurbished.
b. Not be a prototype insofar as the general design, operation and performance. This requirement is NOT meant to
preclude Offeror from offering new models or configurations which incorporate improvements in a current
design or add functionality, but which in such new model or configuration may be new to the marketplace.
c. Include any and all accessories which may or may not be specifically mentioned herein, but which are normally
furnished or which are necessary to make a delivered Product ready for its intended use. Such accessories shall
be assembled, installed and adjusted such that the Product is ready for continuous operation at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the
entire quantity of a particular Product as may be purchased simultaneously by any individual End User.
a. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
b. Be available for inspection at any time prior to or after procurement.
17. PRODUCT CODES
Unless otherwise addressed in Section B of this Invitation, the following requirements shall apply:
a. Each Product/Service offered shall be uniquely identified using an H-GAC Product Code, which shall be
determined as described in Section B of this Invitation. Offeror shall offer ONLY ONE Product for any
particular Product Code. For example, Offeror may wish to submit a bid for Product Code ABC and may have
another offering that also meets the requirements for ABC. Offeror MAY NOT submit two offerings for ABC.
The alternate offering that also meets the requirements for ABC must be offered as an option
"upgrade/downgrade" to ABC on Form E.
b. Pricing for optional upgrades or downgrades to base bid items should be quoted as an “adder” or “deduct”
amount as appropriate, to be applied to the offered price of the base Product Item listed on Form D.
c. Base bid items and their associated HGACBuy Product Codes are included in the Section B and/or on Form D.
Revised: 01/26/15 Page 9 of 19
d. Selection of Product Codes for which to submit an offer is at Offeror’s sole discretion.
18. SPECIFIC DESCRIPTIVE REFERENCES
Except for Base Product Items listed on Form D, any reference to a specific catalog, data sheet, form, brochure,
model name or number, etc. used herein to describe an item such as an option or accessory is only descriptive and is
not to be considered restrictive unless otherwise noted. Such references are normally used only to indicate a type,
general description, level of quality and/or required performance standards.
19. MANUALS
Unless otherwise specified or superceded herein, each Product delivered under an H-GAC contract, and if
applicable any options thereto, shall be supplied with at least one (1) copy of a safety and operating manual. The
cost of any such manuals must be included in the base price for any Product Item offered hereunder. If more
detailed and technically orientated parts and maintenance manuals are available for a Product or option, at a cost,
they shall be offered as options on the FORM designated herein for such options, or elsewhere in the Response as
may be directed herein.
20. STANDARD FEATURES & OPTIONS
The following requirements are applicable primarily to physical goods.
Standard Features
a. The stated minimum requirements for all Products listed herein include what H-GAC considers to be
“standard” features. Even though such features might normally be offered as options rather than as standard,
they are nonetheless considered to be standard in this Invitation, and must be included in the base price for any
Product offered. Such features SHOULD NOT be offered as options except as deducts for their omission from
the base Product.
b. If it is unclear in the Response that an H-GAC standard feature is included in the base price, it will be assumed
that such is the case. If awarded a contract Offeror will be expected to sell the Product with all H-GAC
specified standard features included in the base price.
c. Any feature or accessory normally offered by manufacturer as "standard" shall be considered a standard feature
and shall be included in the base price of any offering, even though not specifically listed as a requirement in
H-GAC’s specifications. Such features SHOULD NOT be offered as options except as deducts for their
omission from the base Product.
Options - General
a. Options are considered to be any features or accessories, other than H-GAC's and Manufacturer's "standard"
features or accessories.
b. Options should be offered on the FORMS designated for quoting options. Each option should be listed and
described on a separate line, and should include any Manufacturer's/Dealer's code number. If no
Manufacturer's/Dealer's code number exists, Offeror should create one.
c. Prices for all offered options shall be assumed to include any installation or mounting required to make it a fully
functional component of the Product, unless otherwise stated in Offeror's response.
Required Options
a. Product specifications in this Invitation may include H-GAC "Required Options". If so, Offeror must quote a
price for ALL such options, and, if there is an H-GAC Option Code provided in this Invitation for such options,
it MUST be used as part of the description.
b. For any specific "Required Option", Offeror may quote an equivalent so long as its design and performance are
as good as, or better than, the specified option item. Responses which do not include pricing for Required
Options may be considered non-compliant.
Other Options
a. "Suggested" or "Other" options may be listed for any particular Product in this Invitation, and Offeror is
encouraged to quote pricing for such options. The extent of offered options in any response may be taken into
consideration as part of the award criteria, at H-GAC's sole discretion.
Revised: 01/26/15 Page 10 of 19
b. Offeror is encouraged to include options for non-equipment items that may be applicable to a sale, such as:
Extended Warranties, Maintenance Agreements, Buy-back or Trade-In Agreements, Out-of-state Delivery
Charges, Quantity or Special Discounts, Extended Training Classes, etc.
Published & Unpublished Options
a. H-GAC Cooperative Purchasing Program (Program) contracts are awarded through a public competitive bid or
proposal (RFP) process. Further to that process, Program policy considers an 'option' listed and priced in a bid
or RFP Response: (1) To be a "Published Option"; (2) To be part of any awarded contract; and (3) To be
available for purchase by Program members separately and independently from associated base line items.
However, since Published Options may have not been subjected to the same scrutiny as the associated base line
items, it cannot be concluded they were directly competed. Therefore, pursuant to Local Government Code
252.021(a), purchase of a published option costing more than $50,000 shall not be allowed. Furthermore,
H-GAC reserves the right at its sole discretion to disallow purchase of any Published Option through the
Program if deemed contrary to the intent of the law.
b. Any option that has not been listed and priced in the Response is considered to be an “Unpublished Option”.
Unpublished Options may be sold, but only in connection with the sale of a base Product Item, and only insofar
as the total cost of all Unpublished Options remains below twenty five percent (25%) of the total summed cost
of the base Product(s) plus any Published Options.
c. No Published or Unpublished Option may be sold which essentially converts a Product such that it competes
with a Product Item awarded to another contractor.
21. WARRANTIES, SALES & SERVICE
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Offeror must be a properly franchised dealer authorized to sell and service, including warranty service, all
products offered and sold in response to the bid invitation or under any H-GAC contract.
b. Offeror shall provide detailed Parts and Labor Warranty information with the Response. If Offeror submits a
warranty with the Response which does not meet the minimum requirements herein, Offeror agrees by
submission of a Response that such warranty shall be considered to be amended to meet those minimums.
c. Warranties shall be manufacturer's standard and shall be inclusive of any other warranty requirements which
may be stipulated elsewhere herein.
d. Any warranties offered by a dealer shall be in addition to the manufacturer’s standard warranty, and shall not be
a substitute for such. Offeror's base price for any Product shall be inclusive of the standard warranty.
e. Complete warranty information will be supplied to End User with each Product sold.
a. Warranties need not apply to normal maintenance service or adjustments, or to any product reasonably shown to
have been repaired or altered in any way so as to affect its stability, or to any product which has been subject to
misuse, negligence, or accident.
f. Offeror/Contractor is encouraged to offer extended warranties as an option.
g. Neither H-GAC nor End User assume any warranty or liability on Contractor’s behalf unless made or
assumed in writing, initiated by Contractor, and agreed to in writing by H-GAC or the End User respectively.
h. Contractor shall be responsible for the execution and effectiveness of all product warranty, and shall be the
sole source for solution to problems arising from warranty claims. Contractor agrees to respond directly to
correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
22. H-GAC ORDER PROCESSING CHARGE
H-GAC will levy an Order Processing Charge on Contractor for each sale done thru the H-GAC contract, with the
exception of orders for motor vehicles. Any bid pricing submitted will be considered to include the Charge. The
amount of the applicable charge shall be per the most current H-GAC schedule. For motor vehicle orders, the
Processing Charge shall be levied on and paid by the End User.
23. PRE-PAYMENTS AND DISCOUNTS
a. Progress, pre-payment and special discounts of any kind may be offered and detailed in the Response. Such
discounts shall be clearly explained, but shall not be a determining factor in awarding contracts except in the
case of tie offerings.
b. Quantity discounts applicable to similar Products sold to one or more End User Departments may be offered.
Determination as to product similarity shall rest solely with Contractor.
c. For specific purchases, any proposed quantity, pre-payment or special discounts shall be clearly shown on the
Contract Pricing Worksheet.
Revised: 01/26/15 Page 11 of 19
24. INSPECTION / TESTING
All Products sold pursuant to this Invitation shall be subject to inspection/testing by or at the direction of H-GAC
and/or the ordering End User, either at the delivery destination or the place of manufacture. In the event a Product
fails to meet or exceed all requirements of this Invitation, and unless otherwise agreed in advance, the cost of any
inspection and/or testing, shall be borne by the Contractor.
25. PRODUCT DELIVERY
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Title to goods, and responsibility and liability for loss and/or damage in shipping pass to End User at the
delivery destination after receipt and acceptance have taken place. Cost of shipping/delivery shall be paid by
End User unless otherwise agreed to by Contractor. If Contractor will be paying for shipping/delivery,
shipping terms must be "F.O.B. Destination, Freight Prepaid". If End User will be paying for
shipping/delivery, shipping terms must be “F.O.B. Destination – Freight Collect”.
b. The details for the application and calculation of shipping and delivery charges must be stated in the Response
on Form E. Any freight, shipping or delivery charged to End User will be prepaid and added to the invoice,
and will be clearly shown an any Contract Pricing Worksheet or other quote presented to the End User.
c. The estimated delivery time after receipt of order (ARO), inclusive of Saturdays, Sundays and holidays, for all
Products offered must be stated in the Response. Actual delivery for any particular order must be confirmed
with End User at time of order placement, and must be stated clearly on the Contract Pricing Worksheet.
d. Contractor shall be responsible for delivery and Acceptance according to the requirements of the Contract and
the Purchase Order.
e. Contractor shall advise End User prior to making any shipment/delivery, and shall make such
shipment/delivery in accordance with End User's requirements, providing only that such arrangements do not
contravene any requirement of the H-GAC contract unless agreed to by Contractor.
f. The execution of all required tests, certifications and/or licensing, and costs thereof, shall be the responsibility
of Contractor. Upon request by End User or H-GAC, Contractor shall provide any documentation or
certification related to such tests, certifications or licensing.
26. OFFERED PRODUCT ITEM VARIANCES
Any variance in the specifications or performance of Products offered pursuant to this Invitation shall be acceptable
to H-GAC only insofar as it MEETS or EXCEEDS the specifications and requirements of this Invitation.
27. REQUIREMENTS FOR SUBMISSION OF A RESPONSE
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Responses shall be submitted in two complete printed sets including an Original and one (1) Copy in separate
"hard side" three-ring binders. The outer spine of each binder shall be labeled showing this Invitation No.,
Offeror Name, and either "Original" or "Copy", as applicable. The Original printed response will be
considered to be the binding Response in case of any conflicts between printed copies and electronic copies.
Except for required forms, H-GAC Invitation documents should not be included in the Response.
b. The Original and the Copy shall be submitted complete, except that the Electronic Media should be submitted
only with the Copy.
c. All required H-GAC FORMS and documents shall be properly completed, without exception or Offeror’s
Response may be deemed non-compliant. Offeror may not modify the format of any H-GAC FORM in any
way. Offeror may photocopy or print blank FORMS as needed. Information submitted on the printed copies of
the FORMS may not be handwritten except for signatures and initials. It is Offeror's responsibility to insure
that printed FORMS are clear and legible. Handwritten and illegible entries may be rejected. Offeror's printed,
stamped or typed name shall appear on every FORM submitted in the Response.
d. The entire response submission shall also be submitted on electronic media, including all required H-GAC
FORMS. Offeror is strongly advised to make and work with copies of the original electronic FORMS. The
originals can then be used to make additional electronic or printed copies of the blank FORMS. Signatures are
not required on the electronic FORMS.
e. The Response shall include ample written evidence, in the form of technical specifications, cut/tear sheets,
brochures, pictures, drawings, etc., to demonstrate that all specifications herein have been met and/or exceeded.
Revised: 01/26/15 Page 12 of 19
f. The Response shall include, in any format desired, an overview of the Service Organization which will support
Products sold under any H-GAC contract. The overview must include facility locations, phone numbers and
Service Manager names, as well as the following:
- The procedure to be used by an End User requiring repairs.
- Typical turn-around time on repairs.
- Service Department days and hours of operation.
- Number of qualified / factory trained service personnel normally on hand.
- Description of the parts inventory on hand.
- Training services, facilities and personnel available.
g. Responses shall be enclosed in a sealed package(s) addressed to the Houston-Galveston Area Council,
Cooperative Purchasing. The following information shall be stated on the exterior of the package(s):
Name and address of Offeror.
Date and hour of public response opening.
Bid/Proposal Invitation number.
The statement: "SEALED BID/PROPOSAL, DO NOT OPEN IN MAIL ROOM".
H-GAC shall not be responsible for any Response not properly labeled.
h. Submission of a COMPLETE Response by telegraphic or electronic transmission is not acceptable. However,
Responses may be modified by telegraphic or electronic notice if such notice is received prior to the deadline
for submission.
i. Samples, when required, shall be submitted within the time specified and at no expense to H-GAC. If not
destroyed or consumed during testing, samples will be returned upon request at Offeror's expense.
j. Offeror shall provide firm contract pricing for all Products and Options being offered.
k. If applicable, responses shall include copies of all current licensing which may be required by the Texas Motor
Vehicle Division for execution of sales pursuant to any contract with H-GAC.
l. Due to the complexity of responses and to aid in evaluation, the Response should contain ALL required
information in tabbed sections as detailed below. Omission of any required FORM or information will be
sufficient grounds for H-GAC to consider your response to be non-compliant.
m. First Section:
Form(s) A – Offeror Identification & Signatory: Identifies the offering party(ies), and should be
completed by each party to the Response. If awarded, a contract will be executed with each.
Form B – Historically Underutilized Business Enterprises: Used to collect information about
disadvantaged and minority suppliers and subcontractors, and to commit Offeror to working with
Participants toward their program goals.
Form C – Response Checklist: Certification, and also an aid, to insure that all required information has
been included in your Response.
References, formatted as described elsewhere herein.
Service Organization Document, formatted as described elsewhere herein.
Second Section:
Form D – Offered Items Pricing: For Bids, contains the list of the Product Items covered by this
Invitation. Select the items offered and fill in the price for each. (For RFPs, follow the instructions in
Section B as this Form may or may not be used.)
Form E – Published Options: Used to list and price all offered options. List, each on a separate line, all
upgrades, downgrades, optional equipment, features, accessories and services which you desire to sell thru
the H-GAC contract, if awarded. Published catalogs/price sheets may be listed, along with the discount
structure that will apply. (For RFPs, follow the instructions in Section B as this Form may or may not be
used.)
Form W-9 – Request for Taxpayer Identification Number and Certification: Should be completed by
each party to the response.
Third Section:
Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly list and
show all the standard features and capabilities of each Product Item offered on Form D.
Revised: 01/26/15 Page 13 of 19
Warranty Documentation, as described elsewhere herein, for all items offered.
Fourth Section:
Copies of any applicable Texas MVD Licenses.
Electronic Media, containing the complete response including all required FORMS, stored in a pouch or an
envelope such that it will not fall out of the binder. (Required in 'Copy' only, not in 'Original'.)
Form CIQ – Conflict Of Interest Questionnaire: Chapter 176 of the Texas Local Government Code
requires vendors and consultants contracting or seeking to contract with H-GAC to file a Conflict of
Interest Questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC
officer or an officer’s close family member. The required questionnaire is located at the Texas Ethics
Commission website: http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm. It is Bidder's
responsibility to download the form and furnish a completed copy with the Response, if it is applicable.
n. By submittal of Response, Offeror certifies to the best of its knowledge that all information is true and correct.
28. CLARIFICATION TO SPECIFICATIONS & REQUIREMENTS
a. If Offeror is in doubt as to the meaning of any item in this Invitation, a written request for clarification may be
submitted to H-GAC up to fifteen (15) calendar days prior to the deadline for response submission. H-GAC
shall not be responsible for late delivery. Requests may be transmitted by FAX or e-mail to the assigned
Specification Specialist, and should clearly reference this Invitation number and the specific page and paragraph
in question. If there are multiple questions, they should be stated separately and numbered.
b. Any interpretation of Invitation documents, if made, will be by written Addendum duly issued. A copy of such
Addendum will be mailed or delivered to each person officially on record as having been sent a copy of this
Invitation. H-GAC will not be responsible for any other explanation or interpretation of the Invitation
documents made or given prior to the award of the contract.
c. Any objections to the Invitation documents must be filed in writing with H-GAC on or before fifteen (15)
calendar days prior to the deadline for submission of responses.
d. Prospective offerors are advised that, after a draft specification has been issued, the Pre-Bid/Proposal
Conference is the primary forum through which comments and suggestions may be offered for consideration by
H-GAC prior to issuance of the final invitation and specifications.
e. All best efforts have been made to insure that the product/service descriptions and associated specification
information in Sections B & C are correct, and adequate time has been given to prospective Offerors to point
out mistakes. However, if an error remains and is caught by Offeror before the scheduled bid/proposal opening,
Offeror shall make note of the required correction in the Response, and shall also notify H-GAC prior to the
opening of responses.
29. INCONSISTENT INFORMATION
H-GAC review of responses supplied on H-GAC FORMS is a significant part of the evaluation process. Offeror
shall state clearly all information required on the FORMS. Offeror's information supplied on the FORMS shall take
precedence in the event any standard “boilerplate” type language included in Offeror's response is inconsistent with
the information supplied by Offeror on the H-GAC FORMS. In all cases, information on H-GAC's printed
FORMS supplied as part of Offeror's response shall take precedence over information supplied on electronic media.
30. REJECTION OF RESPONSES
a. H-GAC may reject a response if:
Offeror misstates or conceals any material fact in the Response, or if,
Offeror does not strictly conform to law or the requirements of this Invitation.
b. H-GAC may reject any and all responses, and may reject any part of a response.
c. H-GAC, at it's sole discretion, may also waive any formalities or irregularities in any response, or ask for
corrected information except for pricing.
d. The following occurrences require disqualification of the bid/proposals:
Unsigned or unauthorized signatures on bids/proposals;
Bids received after the date and time for opening
Bids where prices are conditional on award of another bid or are subject to unlimited escalation
Revised: 01/26/15 Page 14 of 19
e. H-GAC may refuse to award a contract to or enter into a transaction with an apparent low bidder if that bidder
is indebted to H-GAC.
31. WITHDRAWAL OR MODIFICATION OF RESPONSES
Once received by H-GAC, responses may be modified or withdrawn prior to the submission deadline only if the
request to do so is in writing submitted by Offeror's authorized representative. Responses and requests for
modification received after the submission deadline will not be accepted. Requests for response withdrawal
received after the submission deadline will be accepted if the request to do so is in writing submitted by Offeror's
authorized representative.
32. RESPONSE EVALUATION
For Bid Responses:
a. Section B will state whether the contract will be awarded to the lowest responsible bidder or to the bidder who
provides goods or services at the best value for H-GAC and its participants.
b. If the contract will be awarded based on best value, Section B will state any relevant criteria which H-GAC will
consider.
c. For each offered Product Item, H-GAC may use the offered price, prices for Required Options, and the prices
of selected common Published Options to determine the lowest responsible offer.
d. Failure of Offeror to submit pricing for frequently purchased options and any H-GAC required options may
cause response to be considered non-compliant at H-GAC’s sole discretion.
For Proposal Responses:
e. H-GAC will evaluate proposals as detailed in Section B.
f. By submission of a Response Offeror indicates acceptance of the evaluation technique, and recognizes and
accepts that H-GAC may at it's sole discretion make subjective judgments during the evaluation process.
33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD
In the event of conflict between this document and any references or documents cited herein, this document shall
take precedence prior to contract award.
34. AWARD OF CONTRACT
a. H-GAC reserves the right to accept or reject any Product Item or option offered. Additionally, all options
included in Offeror's response and accepted by H-GAC are understood to be included in any contract.
b. H-GAC shall award contract(s) for line items or groups of line items, at its sole discretion.
c. With authority granted by the H-GAC Board of Directors, a written contract shall be presented to the successful
Offeror(s) and shall be subject to acceptance by the successful Offeror(s) within thirty (45) calendar days after
presentation by H-GAC. If a contract is not executed within thirty (45) calendar days, H-GAC may rescind the
contract offer and award a contract to the next Offeror in order of rank as determined by H-GAC.
d. Delivery time and prompt payment discounts, including time allowed for payment, may be considered in tie-
breaking of offers which are judged by H-GAC to be equal in all other criteria.
e. The contract shall include the following documents in the stated order of precedence:
1st The contract document signed by H-GAC and Offeror.
2nd This Invitation and all specifications referenced herein.
3rd Offeror's response to this Invitation.
35. PRO-FORMA CONTRACT
This Invitation includes a Pro-Forma (sample) Contract which successful offerors will be expected to sign. The
actual final contract will be the same or nearly the same as the Pro-Forma. NOTE: Successful Offerors MAY NOT
process any purchase orders until the contract documents have been executed and returned to H-GAC.
Revised: 01/26/15 Page 15 of 19
36. CONTRACT TERM
The contract shall be in effect throughout the period stated elsewhere in the contract documents, and thereafter until
such time as any outstanding orders against the contract have been fulfilled. The contract may be extended if
deemed by H-GAC to be in the best interests of the Program, and subject to mutual agreement of the parties.
37. PERFORMANCE & PAYMENT BOND
H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB), and offered pricing
should reflect this cost saving. However, Contractor must be prepared to offer a PPB to cover any specific order if
so requested by End User. Contractor shall quote a price to End User for provision of any requested PPB, and
agrees to furnish the PPB within ten business (10) days of receipt of End User's purchase order.
38. CHANGE ORDERS
End Users shall have the right to make additions by addenda for the purpose of clarification or inclusion of
additional specifications, qualifications, conditions, etc. Any such addenda shall be made in writing and agreed
upon by Contractor and the End User agency prior to issuance of any Change Order. A copy of any such Change
Order shall be furnished by Contractor to H-GAC.
39. DUPLICATION OF TERMS OR STATEMENTS
Where statements or terms are duplicated or are extremely similar, H-GAC and the End User reserve the right to
use the statement or term most favorable to H-GAC and/or the End User.
40. PUBLICITY
H-GAC encourages contractors to "market" the Program, and can provide some information and artwork to be used
in published promotional materials. However, any publicity or published material released by Contractor
referencing the contract, whether in the form of a press release, brochure, photographic coverage, or verbal
announcement, shall be issued only with prior review and approval by H-GAC.
41. TAXES
HGAC and End User participants are either units of government or qualified non-profit agencies, and are generally
exempt from Federal and State sales, excise or use taxes. Offeror shall not include any such taxes in the Response.
Further, it shall be the responsibility of Contractor to determine the applicability of any taxes to a particular order
and act accordingly. Exemption certificates will be provided upon request.
42. DRUG FREE WORKPLACE
Contractor shall provide notice to its employees and sub-contractors, as required under the Drug-Free Workplace
Act of 1988. A copy of Contractor's Drug-Free Workplace policy shall, on request, be furnished to any End User.
43. PRODUCT NOTICES & MAILINGS
H-GAC is NOT the owner of Products sold pursuant to this Invitation, but acts only in the capacity of purchasing
agent. In that regard, Contractor accepts sole responsibility for insuring that notices and mailings, such as Safety
Alerts, Safety Recall Notices and Customer Surveys, are sent directly to the End User of record.
44. HANDLING OF ORDERS & PAYMENTS
In general, orders and payments will be handled as described below. More specific instructions and information
regarding handling of purchase orders and the Order Processing Charge may be provided after contract award.
Established procedures may be changed at any time by H-GAC as may be dictated by efficient business practice.
The particulars of any sale, e.g. specific products, pricing, delivery, warranty, etc., will be in strict accordance with
the terms and conditions of this Invitation and the specific contract awarded to Contractor. Beyond that:
a. For any particular procurement to be made under the provisions of an H-GAC contract, End User and
Contractor will discuss requirements and agree as to what will be provided.
b. Contractor will prepare a Contract Pricing Worksheet and provide it to End User. The Worksheet will list
everything being purchased including the base bid item(s), all published and unpublished options and the
delivery date. All pricing shall be per the current contract.
Revised: 01/26/15 Page 16 of 19
c. End User will send a purchase document to Contractor, which Contractor will send H-GAC together with
the Contract Pricing Worksheet. NOTE: Contractor agrees not to offer, agree to or accept from End User any
terms or conditions that conflict with or contravene those in Contractor’s H-GAC contract, except for pricing
discounts.
d. H-GAC will prepare an "Order Confirmation" and send it to End User and to Contractor. The Order
Confirmation verifies that Contractor has a valid H-GAC contract and that the order is in compliance with the
requirements of the H-GAC Cooperative Purchasing Program. Contractor will not ship any goods before
receipt of both End User's purchase document and H-GAC's Order Confirmation.
e. On notification that Contractor has received an order, H-GAC will invoice Contractor for the applicable
Order Processing Charge. NOTE: The Order Processing Charge is charged to Contractor, EXCEPT in the
case of motor vehicles. For all sales of motor vehicles the Order Processing Charge is levied on the End User,
collected by Contractor, and remitted to H-GAC by Contractor.
f. Contractor will deliver products/services ordered, and will invoice End User for products/services accepted by
End User. (See other Sub-Section herein dealing with Product Delivery.) Contractor will not invoice before
shipment has been made.
g. End User will pay Contractor for those products and/or services ordered which have been received and
accepted. Under no circumstances shall any check be made payable to a representative or agent. Should a
representative or agent submit an invoice to End User for any cost related to a purchase order issued to
Contractor for products/services covered by an H-GAC contract, such invoice shall be forwarded to
Contractor and Contractor will take action to correct the error.
h. Upon delivery of any product/service by Contractor and acceptance by End User, Contractor shall remit to
H-GAC the full amount of the applicable Order Processing Charge in accordance with the payment terms
established in the H-GAC contract. Note, the Order Processing Charge is due whether or not Contractor has
ever received an invoice from H-GAC. Sales executed based on the particulars of Contractor's H-GAC
contract, without payment of the Order Processing Charge, may constitute fraud.
45. PRICE CHANGES
a. Any permanent increase or decrease in offered pricing for a base contract item or published option is considered
to be a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’,
‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.
b. Except in the case of contracted published catalogs and price sheets, prices for Base Bid Items and Published
Options are expected to be held firm for a minimum of 90 days from the date an awarded Offeror signs the
H-GAC contract. Thereafter, changes will be considered if accompanied by justifying documentation
satisfactory to H-GAC. For published catalogs and price sheets which are on an H-GAC contract, requests to
amend the contract to reflect any new published catalog or price sheet may be submitted whenever the
manufacturer publishes the new document. Any such request must include the new catalog or price sheet.
c. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor to accept amended
contract pricing equivalent to the routinely discounted pricing.
d. No price change will be allowed unless it has been reviewed and approved by H-GAC in writing. Contractor
must have received H-GAC's written approval of any change prior to charging the new price or using it in any
quotation prepared for an End User.
e. Price change requests must be submitted to H-GAC in writing and must be received by H-GAC at least thirty
(30) calendar days prior to the requested effective date of the change, and must state the time period for which
the requested pricing will remain firm.
f. Price change requests shall include H-GAC Forms D and E, or whatever documentation was used to submit
pricing in the original Response hereto, showing all affected items with current contract price, requested price,
and percentage change shown clearly for each. This documentation should be submitted in MSExcel format to
facilitate analysis and updating of the website.
g. Price change requests MUST be supported with substantive documentation (e.g. manufacturer's price increase
notices, copies of invoices from suppliers, etc.) showing that Contractor's actual costs have increased. The
Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price
increase based solely on an increase in the PPI will be allowed.
h. All Products shall, at time of sale, be equipped as may be required under any then current applicable local, state,
and federal government requirements. If, during the course of any contract, changes are made to such
government requirements which cause a manufacturer's costs of production to increase, Contractor may
Revised: 01/26/15 Page 17 of 19
increase Product pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated
with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to
comply with such requirements which become effective after the date of any sale shall be the responsibility of
the End-User.
i. In cases involving contract extensions exceeding sixty-one (61) days beyond the stated expiration date of the
contract, Contractor may request a price change based on the same conditions as stated above. However the
thirty (30) day prior notice is waived and H-GAC will consider the request immediately on receipt.
j. H-GAC reserves the right to accept or reject any price change request. Acceptance, if granted, will be in
writing and the approved changes will become part of the contract.
46. CONTRACT ITEM CHANGES
a. If a manufacturer discontinues a contracted item, that item will automatically be considered to be deleted from
the contract with no penalty to Contractor. However, H-GAC may at it's sole discretion elect to make a
contract award to the next low offeror for the item, or take any other action deemed by H-GAC to be in the best
interests of End Users, at its sole discretion.
b. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor
shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the
'new' item shall be approved as a replacement. Otherwise H-GAC may allow or reject the change, or take any
other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion. If the change is
rejected there will be no penalty to Contractor.
c. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor
shall advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change
is rejected there will be no penalty to Contractor. However, H-GAC may elect to make a contract award to the
next low offeror for the item, or take any other action deemed by H-GAC to be in the best interests of End
Users, at its sole discretion.
d. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as
published options, routine published changes to products and pricing shall be automatically incorporated into
the contract. However, Contractor must still provide thirty (30) calendar days written notice and an
explanation of the changes to products and pricing. H-GAC will respond with written approval.
47. FORCE MAJEURE
If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by
reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident., order of any
court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or
nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such
disability to perform is removed. Determination of Force Majeure shall rest solely with H-GAC..
48. PERFORMANCE UNDER CONTRACT
H-GAC is committed to insuring that Contractor provides effective and efficient service to all Participants in the
Cooperative Purchasing Program, and expects that certain Performance Conditions must be met. Failure to meet
these conditions may result in contract termination. In that regard, Contractor shall:
a. Appoint a dedicated representative to be the contact person and focal point for all matters relating to End User
quotations and orders. The representative shall have: A toll free phone number with voice mail; A fax
number; A working e-mail address; and A postal address.
b. Insure that the representative timely monitors all communication modes listed above, and promptly responds to
communications from End Users and H-GAC in any of these modes. Phone calls will be promptly returned, in
any event not later than the next business day. Acceptable failure will be due only to Force Majeure.
c. Maintain sufficient qualified staff to promptly process all communications from H-GAC or End Users, and to
efficiently, effectively and accurately service all requirements of the contract.
d. As may be requested by H-GAC, replace any staff members who are not providing the service and expertise
deemed necessary by H-GAC for acceptable support of End Users.
e. Properly prepare and provide to End User a Contract Pricing Worksheet, or a quotation in other format as
approved by H-GAC, for each and every order that is to be executed.
f. Furnish, on request of H-GAC, reasonable data, forms and graphic material to be used in brochures or other
print media, or on H-GAC's website.
Revised: 01/26/15 Page 18 of 19
g. Allow access to H-GAC authorized personnel for inspection of operating facilities, and auditing of purchase
orders during the contract period, and for a period extending thru the completion of any outstanding orders. Site
inspection may be arranged not less than ten (10) calendar days prior, shall include the names of all participants,
and shall be at no expense to Contractor.
h. Reporting Requirements:
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the
previous three month period. Such reports shall include, but are not limited to the following:
End User name
Product/Service purchased, including Product Code if applicable
End User Purchase Order Number
Purchase Order Date
Product/Service dollar amount
HGACBuy Order Processing Charge amount
Reports must be provided to H-GAC in MSExcel or other acceptable electronic format, and are due by the
30th day of the month following the applicable quarter being reported.
i. Should Contractor default in providing Products or Services as required by this Invitation and the contract,
recourse may be exercised thru cancellation of the contract and other legal remedies as may be appropriate.
49. IMPLEMENTATION OF INTERNET BASED E-COMMERCE
H-GAC Cooperative Purchasing has adopted E-Commerce as part of its business model and maintains an internet
website at www.HGACBuy.org. At any point in time, various information and process functions may be
implemented and made operational thru the website, including but not limited to items such as:
Information Items
Contract information
Procurement schedules
Response requirements & specifications
Product and option item catalog listings
End User & Contractor information
Functions
End User product inquiries
Product configuration and price quotes
Purchase Orders and Confirmations
Shipping/Delivery notices
Invoice generation
Payment remittances, etc.
All H-GAC Contractors, as a condition of contract, will be required to work with H-GAC and it’s E-Commerce
provider(s) to maximize use of E-Commerce within the context of H-GAC Cooperative Purchasing business.
Offeror is encouraged to refer to H-GAC’s Cooperative Purchasing web site where additional information can be
found. If you have any questions, please contact H-GAC for assistance.
50. CONTRACTOR ORIENTATION/TRAINING
H-GAC believes that Contractor's familiarity with the operational policies and requirements of the Cooperative
Purchasing Program is a key factor in achieving End User satisfaction. In that regard, the Contact Person listed on
Form A, or an alternate, shall be required to participate in an H-GAC vendor orientation/training as soon as
possible after contract award. In addition, any other of Contractor's staff who will be involved in any way with the
HGACBuy Program should participate in orientation. The orientation may be presented as a teleconference or
webinar, or may be held in H-GAC's offices as may be determined by H-GAC and Contractor to be the most
efficient and effective form of delivery.
51. LEGAL & CONTRACTUAL REMEDIES
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
Procedure
Any actual or prospective Offeror or Contractor who is aggrieved in connection with a purchase transaction
may file a grievance. The grievance may be filed at any phase of the procurement. In order for an above
mentioned party to enter the grievance process, a written complaint must be sent to the Office Services Manger
of H-GAC by certified mail which identifies the following:
1. Name, mailing address and business phone number of the complainant.
2. Appropriate identification of the procurement being questioned.
3. A precise statement of reasons for the protest.
Revised: 01/26/15 Page 19 of 19
4. Supporting exhibits evidence or documents to substantiate any claims.
The grievance must be based on an alleged violation of H-GAC’s Procurement Procedures, a violation of State
or Federal law (if applicable), or a violation of applicable grant or contract agreements to which H-GAC is a
party. Failure to receive a procurement award from H-GAC in and of itself does not constitute valid
grievance. Upon receipt of grievance, the Office Services Manager will initiate the informal resolution process.
Expedited Resolution
The Procurement Officer or Departmental Manager responsible for the solicitation shall contact the
complainant and all interested parties and attempt to resolve the allegations informally within ten (10) working
days from date of complaint. If the allegations are successfully resolved by mutual agreement, documentation
will be forwarded to the Office Service Manager of the resolution with specifics on each point addressed in the
original complaint.
If the Procurement Officer or Departmental Manager is not successful in resolving the allegations, the
complaint along with the comments will be forwarded to the Office Service Manager immediately. The Office
Service Manager will review all documentation. All interested parties will be given written notice of the date,
time, and place of the hearing and an opportunity to present evidence. A written decision will be issued within
five (5) working days after the hearing along with notice of appeal rights.
Appeals
The complainant may appeal the Office Service Manager's decision by submitting a written appeal, within five
(5) working days, to the Executive Director of H-GAC. The Executive Director, upon receipt of a written
notice of appeal, shall contact the complainant and schedule a hearing within ten (10) working days. The
Executive Director of H-GAC has the option of appointing a Hearing Officer to preside over the hearing. If
appointed, the Hearing Officer shall conduct a hearing and forward a summary and recommended resolution to
the Executive Director.
The decision reached by the Executive Director or his designee shall be final and conclusive. This decision will
be forwarded to the complainant in writing within thirty (30) working days.
The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to
a Court of competent jurisdiction.
RESOLUTION OF CONTRACT DISPUTES
Upon breach or default, H-GAC shall give the Contractor written notice of default. If the default is not remedied,
within a reasonable specified time from date of notification, to the satisfaction and approval of H-GAC, default will
be declared.
Upon breach of contract or default, H-GAC may exercise any and all of its rights afforded by law, including but not
limited to those referenced in the General Contract Provisions.
SOLICITATIONS OR AWARDS IN VIOLATION OF THE LAW
Contracts awarded in violation of the competitive process or otherwise in violation of the law are voidable by
H-GAC.
52. NATIONWIDE SALES OPPORTUNITIES
HGACBuy provides purchasing services to local governments qualifying non-profits throughout the nation, and
desires to make established contracts available to them wherever and whenever practicable. Therefore, once a
contract is awarded, Contractor is expected to expand the scope of its marketing effort to include sales to End
Users in all areas of the United States, and/or to assign any H-GAC contract to another contractor(s) as deemed
appropriate by H-GAC in the interest of its End Users.
Contractor may sell through HGACBuy anywhere subject to compliance with applicable laws and
regulations. If the market structure in which Contractor operates requires a contract assignment for any
particular sale, H-GAC will expect Contractor to assign the contract to a Manufacturer or to another
Dealer(s). Such assignment must be approved by H-GAC.
Contractor’s differential costs (e.g. transportation & delivery charges) and allowances (e.g. manufacturer’s
sales incentives) related to any sale may be charged to buyer.
End of Section A General Terms And Conditions
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January 3, 2017 ----- Final ----- Page 1 of 9
SECTION B - SERVICE SPECIFICATION REQUIREMENTS
1. DEFINITIONS: ................................................................................................................................................................ 1
2. PURPOSE: ........................................................................................................................................................................ 2
3. SCOPE OF SERVICES: ................................................................................................................................................... 2
4. CONTRACT PERIOD: .................................................................................................................................................... 3
5. OPERATIONS: ................................................................................................................................................................ 3
6. ORDER PROCESSING CHARGE: ................................................................................................................................. 4
7. INSURANCE REQUIREMENTS: ................................................................................................................................... 4
8. REFERENCES: ................................................................................................................................................................ 5
9. QUALIFIED RESPONDENTS: ....................................................................................................................................... 5
10. INSTRUCTIONS OF RESPONSE: ................................................................................................................................. 5
11. STRUCTURE OF RESPONSE AND REQUIRED INFORMATION: ............................................................................ 5
Tab A – Required H-GAC Forms ................................................................................................................................... 5
Tab B – Business History, Organization and Capability ................................................................................................. 6
Tab C – Business Viability ............................................................................................................................................. 6
Tab D – Program Promotions ......................................................................................................................................... 6
Tab E – Products, Services, Pricing & Executive Summary ........................................................................................... 7
12. . ADDITIONAL REQUIREMENTS: ................................................................................................................................. 7
13. . EVALUATION OF RESPONSES: .................................................................................................................................. 8
14. . DEPARTMENT OF LABOR JOB CLASSIFICATIONS: .............................................................................................. 9
1. DEFINITIONS:
Account Manager………The primary contact person for the Temporary Staffing/Direct-Hire Agency, that is
under contract.
Contractor………………A successful Respondent to this RFP subsequently contracted by H-GAC.
End User………………. Any member of HGACBuy’s Cooperative Purchasing Program, which uses
Contractor services provided pursuant to an H-GAC contract. For purposes of this
Invitation, H-GAC itself may also be an End User using services contracted
pursuant to this RFP.
Personnel Manager……. Contact person for the End User.
Staffing Agency………..The entity under contract with H-GAC, that provides temporary staffing or direct-
hire services. Used interchangeably with the term “Contractor”.
Mark-Up Percentage…..The Mark-Up (MU) is the percentage added to Base Rate which includes all the
company’s burden. The Base Rate + the Mark-Up percentage must equal the
hourly rate an End User will be asked to pay for services rendered. This is called
the Bill Rate.
Payrolling………………This is the process wherein an End User finds an employee to hire but would prefer
that a Staffing Agency hire this person either on a temporary or permanent basis. A
percentage of the employee’s annual salary will be charged to the End User for this
service.
Conversion Time………. This is an amount of time, normally stated in hours, that a temporary hire employee
is required to stay on the Staffing Agency’s payroll before the End User is allowed
to hire said employee without any penalty.
Burden………………….This is the term made up of all the expenses/compensations of the Staffing Agency
that make up the Mark-Up. This term is usually expressed as a Percentage (%) and
is made up of such items as; FICA, SUTA, FUTA, WC and the agency’s Profit.
Direct-Hire……………..A full or part-time employee hired directly from the Staffing Agency and placed
under the End Users payroll account. Normally, a percentage of the employee’s
annual-salary is the fee for acquiring this employee.
TS06-17 Temporary Staffing, Direct-Hire and Other Employer Services
January 3, 2017 ----- Final ----- Page 2 of 9
Guarantee Period………. This is a period of time, usually stated in hours; that an End User is given, by the
Staffing Agency, when hiring a Direct-Hire. This is a guaranteed period of time in
case the newly hired employee does not meet the standards of the End User.
2. PURPOSE:
HGACBuy, the Cooperative Purchasing Program of the Houston-Galveston Area Council of
Governments (H-GAC) is issuing this Request For Proposal (RFP) for the acquisition of Temporary
Staffing, Direct-Hire and Other Employment Services as described herein. Our intention is to establish a
contract(s) with qualified and cost effective provider(s) who will furnish such services, under a three-year
blanket contract, which will be made available to H-GAC or any of our 6000 + local government and
qualified non-profit cooperative purchasing members (End Users) throughout the United States.
It is H-GAC’s goal to have Historically Underutilized Business Enterprise (HUB) participation in
providing services under a contract. If Offeror(s) awarded a contract by way of this solicitation does not
hold a HUB designation/certification, then Offeror(s) shall make and demonstrate a good faith effort to
include HUB participation under a contract. Therefore, we will be looking for Offeror(s) that have
comprehensive service capabilities and a broad geographic reach.
The term HUB as used in this solicitation is understood to encompass all programs/business enterprises
such as Small Disadvantaged Business (SDB), Disadvantage Business Enterprise (DBE), Minority Owned
Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business
Enterprise (DVBE).
Respondent shall demonstrate in the response to this RFP how sales, service, training and support will be
provided and achieved throughout the geographic areas you are proposing. Organization structure,
including all sales and support centers should be detailed, including the number and type of employees at
each location. Local governmental references, including contact name and contact information shall also be
provided as part of any response. It is the sole discretion of HGACBuy and its staff to be able to award
multiple contracts under the same services provided.
Our expectation is that End Users purchasing covered services through our Program will receive high
quality services more cost effectively and in a timelier manner than they would if they did their own
procurement.
3. SCOPE OF SERVICES:
Vendors will be asked to provide the following scope of services:
Perform temporary staffing, direct-hire and other employer services (i.e. payroll services) pursuant to
purchase orders or Contractor pricing worksheets issued by End Users or Contractors.
Work directly with End Users Hiring Manager to staff temporary, direct-hire and or any other
employer service job openings on request and in the requested time frame.
Conduct candidate screening including skills testing and employment history to determine individuals
who possess the required qualifications to perform the job to the fullest capacity.
As may be requested by End Users Hiring Manager, conduct background and reference checks, beyond
what is minimally required, for temporary employees provided.
Facilitate candidate interviews with End User Hiring Manager.
Terminate assignment upon completion of temporary staffing assignment;
Work with End Users Hiring Manager to transition temporary worker to End Users payroll upon
worker demonstrating required skills;
And for Direct Hire, work with the selected candidate to ensure seamless onboarding to End Users
organization and facilitate communications with rejected candidates.
Provide End User the opportunity to interview potential replacements in the event of needed change in
staffing personnel.
Provide a person as single point of contact to support an End User account.
TS06-17 Temporary Staffing, Direct-Hire and Other Employer Services
January 3, 2017 ----- Final ----- Page 3 of 9
4. CONTRACT PERIOD:
The commencement date of a contract for those Staffing Agencies whom have been selected to receive
contracts resulting from this proposal will be June 1, 2017, and shall remain in effect for three (3) years with
an end date of May 31, 2020. At that time, H-GAC shall have the option to renew the contract, under the
same terms and conditions, for up to two (2) one-year extensions when agreed upon by all parties concerned
in writing.
5. OPERATIONS:
A description of the services to be provided, and the general operational process, follows:
A. Assignment Request
1. The Personnel Manager may call or email the Account Manager to request temporary, direct-hire or
payrolling personnel for an assignment. The request will include, but will not be limited to: a
description of the type of work requested; the start and end date for the assignment; the work location;
the work schedule; any certifications that may be required; the level of expertise and/or education
required; and any special conditions that may apply to the assignment.
2. Upon receipt of the request, the Account Manager shall forward introductions of potential candidates
via email to the Personnel Manager.
3. The Personnel Manager may occasionally refer a potential candidate to Contractor for consideration to
be hired as an employee of Contractor to specifically fill End User’s assignment request. Contractor
will submit a response to the request that includes such candidate for consideration.
4. Each candidate to be considered for an assignment shall be introduced in a separate email containing at
a minimum: (a) candidates resume, (b) salary rate, (c) the mark-up or billing rate, (d) the classification,
and (e) the applicable conversion rate.
B. Recruiting, Interviewing and Selection:
1. Contractor will pre-qualify the prospective candidates to determine acceptability and ability to meet
the requirements of the assignment, including but not limited to, education, skill-level, professionalism,
flexibility and communication skills.
2. Contractor will verify the prospective candidate’s employment history and references.
3. Contractor will, at a minimum and at no additional charge, verify the Social Security Number, provide
a felony background check, and maintain an Immigration & Naturalization Service Form I-9 for all
candidates.
4. At End Users request, Contractor shall conduct additional background checks such as credit history,
driving record etc. Charges for such service shall be detailed on Form E.
C. Administrative Requirements:
Contractor shall inform all temporary assigned personnel that (a) They are not employees of End
User; (b) They are not entitled to the provisions of any End User employee benefits; and (c) They are
bound by the terms and conditions of this contract, End User’s policies and procedures and the laws of
the State of Texas.
D. Termination of Assignment and Conversion:
1. Contractor is responsible for informing any temporarily assigned personnel when an assignment is
completed or terminated.
2. If an assignment is terminated for unsatisfactory performance, Contractor shall: (a) Contact the
assigned personnel as directed and inform them that the assignment has been terminated, (b) Arrange
for next day pickup of any badge, security card, material or data that the assigned personnel may have
in their possession and its immediate return to End User, (c) Arrange for the return of any personal
items left at premises on the following business day to the assigned personnel.
3. When an assignment has ended for other than unsatisfactory performance, End User will give prior
notice to Contractor in a timely manner. Upon such notice, Contractor shall (a) Inform the assigned
personnel of the date that the assignment will terminate; (b) Instruct the assigned personnel that any
TS06-17 Temporary Staffing, Direct-Hire and Other Employer Services
January 3, 2017 ----- Final ----- Page 4 of 9
badge, security card, material or data that they may have in their possession must be returned to End
User on the last day of the assignment; (c) Request that the assigned personnel remove any personal
items left at premises on the last day of the assignment.
4. An assignment may be terminated at no charge to End User if End User elects to hire the assigned
personnel as an employee in accordance with the applicable conversion time period (in hours).
5. Reports: Upon request, Contractor will provide at no cost to End User, a detailed staffing report that
will include, at a minimum, the assigned work order number, expenditures under work order to-date,
name of assigned personnel, department in which the individual works or worked, the hiring manager
and/or reports to person named on the work order, the original start date, current end date,
classification, and the applicable billing or mark-up rate.
6. ORDER PROCESSING CHARGE:
On request from End User, Contractor shall provide a written quotation based on their H-GAC contract
pricing. End User shall have the right to accept or reject the quotation, and/or to request changes for re-
evaluation.
End User and Contractor shall be free to negotiate terms and pricing other than as stipulated in the base
H-GAC contract. In that regard, Contractor shall be allowed and is encouraged to discount pricing for
large or extended projects but cannot increase the price over the awarded H-GAC contract price. In any
event, the transaction shall still be considered as falling under the umbrella of the H-GAC contract.
Contractor will submit Quarterly Reports to H-GAC detailing all transactions which occurred under the
contract. The report shall show, as a minimum and for each temporary staff person provided or direct-hire
employed, the name of the H-GAC End User that used the service, the temporary placement or direct-hire
employee name, the billing period, the hours worked, the billing rate, the total amount, and the calculated
HGACBuy Order Processing Charge.
An Order Processing Charge of 1.5% will be levied on Contractor for all activity that takes place thru the
HGACBuy Program. On receipt of payment from End User, Contractor shall promptly remit the Order
Processing Charge to H-GAC with each Quarterly Report unless other arrangements have been made.
NOTE: It is Respondents responsibility to take fees into consideration when preparing the Response,
building this Charge into their pricing accordingly.
7. INSURANCE REQUIREMENTS:
Responses will only be accepted from temporary staffing/direct hire agencies that:
a. Possess, at minimum, the following Insurance coverage’s:
Workers Compensation: Not less than $500,000 each accident for bodily injury by accident or
$500,000 each employee for bodily injury by disease.
Commercial General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for property
damage and bodily injury, including products, completed operations,
blanket contractual liability and personal injury liability.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to this Invitation,
and for any extensions thereof, plus the number of days/months required to complete any outstanding
order after the close of the contract period.
c. Respondent must furnish, on request by H-GAC, an original insurance certificate showing Respondent
as the insured and showing coverage and limits for the insurances listed above.
d. If any services will be provided by parties other than Respondent, all such parties are required to carry
the minimum insurance coverage specified herein, and if requested by H-GAC, a separate insurance
certificate must be submitted for each such party. H-GAC reserves the right to contact insurance
underwriters to confirm policy and certificate issuance and document accuracy.
TS06-17 Temporary Staffing, Direct-Hire and Other Employer Services
January 3, 2017 ----- Final ----- Page 5 of 9
8. REFERENCES:
Further to the requirements in Section A, Respondent shall list at least five (5) references which have
contracted with the Respondent during the past two years for services similar to those requested in this
Invitation. References must reflect experience in only the government sector (see Subset 11, Tab C).
9. QUALIFIED RESPONDENTS:
Responses shall be considered only from firms having a minimum of three (3) years’ experience providing
temporary staffing services to public entities, agencies or institutions. Additionally, Respondents must have
the reputation, experience, skills and resources necessary to effectively provide the required scope of
services to H-GAC, and its members, if applicable.
10. INSTRUCTIONS TO RESPONDENTS:
By submitting a response, the Respondent represents that it has thoroughly examined and become familiar
with the work required under this RFP and that it is capable of performing quality work to achieve H-
GAC’s objectives.
11. STRUCTURE OF RESPONSE AND REQUIRED INFORMATION:
Responsible Respondents should provide straightforward, concise information that satisfies the
requirements noted herein. Elaborate artwork, expensive paper, expensive bindings, color displays or other
presentation aids are discouraged. Unless otherwise requested, Respondent should not submit brochures,
newsletters, or other marketing materials. Emphasis should be placed on conformity to HGACBuy’s
instructions, requirements of this RFP, and completeness and clarity of content.
a) This RFP is intended as a basis for selection of experienced and qualified Contractors to provide
services falling within the scope of this RFP. In that regard, Respondents shall be required to submit
Responses that provide all information requested and conform to the requirements detailed herein. If
any requirement herein conflicts with any requirement for responses detailed in Section A,
Section B shall supersede the Section A requirement. These same requirements shall apply to any
best and final offers (BAFOs) that may be requested.
b) Respondent shall provide a printed original plus one printed copy of the response, each contained in a
separate hard sided three-ring binder. The binders shall be labeled “Original” and “Copy”, and
shall be organized in tabbed Sections as described below. In each Section, Respondent shall provide
all requested information as applicable to the services being offered, formatted at Respondent’s
discretion unless otherwise indicated. The complete proposal must also be copied onto a CDRom,
DVD, or thumb drive, in native Word, Excel or PDF format, and submitted in the “Copy” of the
proposal. The pricing TAB “D” as well as Forms D1, D2 & E shall be in Excel format for ease of
copying/pasting for evaluation and webpage editing.
c) The three-ring binders shall be set-up with TAB’s that correspond to the TAB’s listed below. Each
TAB A through E shall contain the information as directed, under that particular TAB. An Example:
Under TAB B, 1. Brief History, 2. Geographic capability, 3. Personnel and Qualifications. It is
extremely important to set-up the binders as instructed. Responses not organized in the
prescribed manner may be eliminated from consideration. The Respondent must respond in
sequential order to all items listed in the RFP.
Tab A – Required H-GAC Forms & Overall Completeness & Structure of Response
1. Completed and signed H-GAC Form A, Form B, Form C and Form CIQ (if required).
2. In the event you require an End User/Service Agreement rather than a purchase order to secure your
products and or services, furnish a sample of any such agreement you propose to execute with an
End User purchasing your products and or services pursuant to an H-GAC contract.
NOTE: Tab A and all its contents shall be included in the first tabbed section of your response (reference
Section A - Subset 27(m), page 12 of 19).
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January 3, 2017 ----- Final ----- Page 6 of 9
Tab B – Business History, Organization & Capability (be detailed in your response)
1. Company’s official registered name including brief company history, ownership, organization and
year established.
2. Geographic coverage, including:
a. Corporate office location;
b. Total number of employees within the company;
c. Map and or listing of service office locations;
d. H-GAC Form I (Vendor Questionnaire)
3. Provide a one-paragraph summary of qualifications and experience for all principals and key
personnel.
4. Offeror shall identify all subcontractors, if any, and the role these subcontractors will have in the
performance of the Contract. Offeror must provide the following for all proposed subcontractors
included in the proposal:
a. Name
b. Address
c. Phone number
d. HUB designation/certification (i.e., DBE, MBE, WBE) if applicable.
e. Type of work subcontractor has been certified to perform as a HUB.
f. Indicate if you have worked with each subcontractor and if so, with what clients and when
(year).
5. Offeror shall include a HUB summary document explaining how Offeror plans to foster small
business participation in order to assist HGACBuy Members meet any mandated HUB goals. If
Offeror holds a HUB designation/certification, summary document does not need to be
provided.
NOTE: Tab B and all its contents shall be included in the first tabbed section of your response (reference
Section A - Subset 27(m), page 12 of 19).
Tab C – Business Viability
1. Gross revenue for the last two completed fiscal years (2014 & 2015).
2. Five government references and percentage of total revenue attributable to each. The following
information is required of each reference:
a. Name of organization (End User).
b. Mailing address.
c. Contact person name, telephone number and email address.
d. Number of temporary staffing requests fulfilled for End User, over what period, and a general
description of the various job classifications furnished.
3. Three quick reasons why H-GAC would want to contract with your company.
NOTE: Tab C and all its contents shall be included in the first tabbed section of your response (reference
Section A - Subset 27(m), page 12 of 19).
Tab D – Products, Services & Pricing
Here you should list all the services your company markets, which pertain to Temporary Staffing,
Direct-Hire and Other Employer Services, as described in Section 3, Scope of Services. Those
services may or may not be listed within this specification document; however, you must list and
price all your company’s services on Forms D and E as part of the pricing structure.
The applicable percentage of mark-up and conversion time (in hours) for temporary hire,
percentage of mark-up based on annual salary for direct-hire, direct-hire guarantee period in hours
and payroll percentage mark-up must be supplied on HGAC’s Form D1 - Pricing Page #1.
Billing Rates for services must be based on the job classifications indicated on HGAC’s Form D2 -
Pricing Page #2, provided in this RFP.
TS06-17 Temporary Staffing, Direct-Hire and Other Employer Services
January 3, 2017 ----- Final ----- Page 7 of 9
Pricing must be clearly shown and easily understood. Any discounts for increased services must be
clearly indicated and shown on the Form E.
Optionally, Respondent shall also list and describe Other Employer Services or Value Added
Services beyond the specific scope of this RFP that they are prepared to offer H-GAC and
HGACBuy members under any subsequent awarded contract. Any Other Employer Services or
Value Added Services listed must have pricing indicated. This may be shown as a percentage (%),
but all Other Employer Services or Value Added Services cost must be easily calculated, if the
services are to be utilized. Value Added Services must be clearly indicated and shown on Form E.
If unable to provide qualified candidates through own resources, Respondent may use subcontractor
(temporary agency) to provide qualified candidates. Charges for such service must also be
detailed on HGAC’s Form E in order to be offered to HGACBuy or its End Users.
Also, within this TAB, label a section Titled: Executive Summary. The Executive Summary will
provide you an opportunity to show compliance with the foregoing, to demonstrate a thorough
understanding of the Scope of Services provided in this RFP and how a contract will compliment or
enhance the objectives of HGACBuy’s Cooperative Purchasing Program. Respondent must
provide an Executive Summary containing the following detailed information:
The Executive Summary should be organized and alphabetically keyed to correspond to the
lettering of this list. Omission of any section may result in rejection of the response.
a. Would this contract be your primary contract offering to local governments of Texas and
nationwide? If no, state why.
b. Provide certificate of Worker’s Compensation and Commercial General Liability Insurance.
c. Describe employee screening, testing and interview procedures.
d. Describe the type of positions your company offers by category (e.g., Clerical, Medical,
Professional, Technical, Commercial, etc.) and the staffing services available (e.g., Temporary,
Temp to Perm, Direct-Hire, Management, Payroll, etc.).
e. Provide your company policy for temporary employee travel/living expense (if applicable).
f. Describe what, if any, health benefits/vacations are provided to your temporary employees.
g. Identify the pay cycle (e.g. weekly, every two weeks, twice a month, monthly, etc.) used to pay
temporary employees.
h. Process for replacing a temporary employee (e.g., temporary employee calls in sick, doesn’t
show up, has personality conflicts, is lacking necessary skills, etc.).
NOTE: By submission of a Response to this RFP, Offeror certifies that offered pricing is as good as or
better than pricing offered to local government customers through any other program under
normal circumstances. If such is not the case, Offeror shall explain how offered pricing differs
from “best” pricing, and by how much.
NOTE: Tab D and all its contents shall be included in the second tabbed section of your response
(reference Section A - Subset 27(m), page 12 of 19).
Tab E – Program Promotion
Respondent must provide a written, point-by-point narrative, explaining in detail what activities
you would undertake and what resources you would apply in order to promote the use of an
HGACBuy contract; i.e. the development of a co-brand marketing campaign.
NOTE: Tab E and all its contents shall be inserted in the third tabbed section of your response (reference
Section A - Subset 27(m), page 12 of 19).
TS06-17 Temporary Staffing, Direct-Hire and Other Employer Services
January 3, 2017 ----- Final ----- Page 8 of 9
12. ADDITIONAL REQUIREMENTS:
After receipt of Responses, it may be necessary to interview prospective temporary staffing agencies to
clarify aspects of their submittal. Site visits may also be requested to view facilities and meet prospective
account representatives. HGACBuy will contact Respondent regarding the interview or site visit
arrangements.
13. EVALUATION OF RESPONSES:
H-GAC staff will carefully review all responses submitted to determine the extent to which they comply
with requirements herein, and to which Respondent(s) best meet the needs of H-GAC and its Cooperative
Purchasing Program Members. H-GAC may choose to use competitive negotiations to develop the
final contract(s) with qualified Respondent(s). Responses will be evaluated and scored using the criteria
below, with a maximum score of 100 points. The approach and criteria are those that are applicable to a
competitive negotiated procurement whereby Responses are evaluated to determine which Responses are
within a Competitive Range. Criteria descriptions are not meant to be exhaustive and H-GAC may use
any obtainable relevant information in the evaluation process. H-GAC may also use other sources,
standards and mechanisms as may be deemed necessary to effectively rank Respondents. Respondents
with a score of at least 75 points may be eligible for contract award recommendation, at H-GAC’s sole
discretion. Discussions and negotiations may then be carried out with Respondents within the Competitive
Range, after which Best and Final Offers (BAFOs) may be requested. However, H-GAC may select a
Response(s) for award without any discussions or negotiations or request for any BAFOs.
After all interviews have been completed, the Respondent(s) in the Competitive Range may be afforded
the opportunity to amend their Response(s) and make their BAFOs.
Any modification to the initial Response made by a Respondent in its BAFO shall be identified in its
BAFO. BAFOs will be evaluated by H-GAC according to the same requirements and criteria as the initial
Response. H-GAC will make appropriate adjustments to the initial scores for any sub-criteria and criteria
that have been affected by any Response modifications made by the BAFOs. These final scores and
rankings within each criterion will again be arrayed by H-GAC and considered according to the relative
degrees of importance of the criteria defined in “Criteria Description.”
H-GAC will then choose the Respondent(s) that it finds to be most advantageous to H-GAC and its
members, based upon the evaluation criteria. The results of the evaluations and the selection of a
Response(s) for any award will be documented.
If an award recommendation is made and approved by H-GAC’s Board of Directors, the Respondent(s)
may be invited to execute a contract, again at H-GAC’s sole discretion.
Evaluation Criteria Table
Criteria Description Possible
Points
A - Completed H-GAC Forms and Overall Compliance of Response. Pass / Fail
B - Business History, Organization and Capability. 40
C - Business Viability. 30
D - Products, Services, Pricing & Executive Summary. 20
E - Program Promotion. 10
TS06-17 Temporary Staffing, Direct-Hire and Other Employer Services
January 3, 2017 ----- Final ----- Page 9 of 9
14. DEPARTMENT OF LABOR JOB CLASSIFICATIONS:
The Occupation Titles presented in this RFP have been taken directly from the Department of Labor’s Job
Classification website www.wdol.gov. Some occupation titles have been reclassified for the convenience
of this RFP.
----------- END OF SECTION B ----------
For Information About This Invitation, Please Contact:
Aundre Petty
Phone: 713-993-2453
Fax: 713-993-4548
E-mail: aundre.petty@h-gac.com
Invitation No.: TS06-17
Title:
This Section contains the following H-GAC FORMS .
FORM DESCRIPTION
Form A:Offeror Identification and Authorized Signatory
Form B:Historically Underutilized Business Enterprises
Form C:Response Checklist
Form D1:Pricing - Page #1
Form D2:Pricing - Page #2
Form E:Published Options - Value Added Services
SECTION C - H-GAC FORMS
(Rev 12/02/09)
For Use In Responding To Competitive Bid And Proposal Invitations
These FORMS are hereby made available in electronic format.They should be copied to Offerors
computer for completion and/or printout as required.The FORMS may not be changed or altered in any
way, except as may be specified on the FORM .
ALL completed FORMS must also be submitted electronically on electronic media (DVD,CDRom,
flash/thumb drive),excepting of course for signatures.The printed "Original"of the response will be
considered as the official copy in case of any discrepancy between the electronic version and the printed
Original.
Temporary Staffing, Direct-Hire and Other Employer Services
Invitation No.: TS06-17
Invitation Title:
Offeror Company:
Offeror Status:
Response Type(1):
Contract Signatory(2):Title:
Mailing Address(3):
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Phone:Fax:
Email Address:
Federal Tax ID No.:Web Page URL:
(1) If Joint Offering, all parties must submit a signed Form A. A contract will be offered to each.
(2) Person who will sign final contract documents if an award is made.
(3) Address to which final contract documents would be sent for signature.
Contact Person(4):Title:
Mailing Address:
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Toll Free Phone:Fax:
Email Address:
(4) Person who End Users will contact for product information and to get pricing quotes.
The Signatory below, on behalf of Offeror:
Signature:Title:
Printed Name:Date:
- Acknowledges having thoroughly reviewed the Invitation;
- Attests to having the authority to sign this response and commit Offeror to honor all requirements;
- Makes, under penalty of perjury, all required Offeror Certifications as detailed in General Terms;
- Certifies that all information provided in this Response is true and correct.
Member Contact Information
FORM A - OFFEROR IDENTIFICATION & AUTHORIZED SIGNATORY
(DO NOT handwrite this Form. Information must be typed in.)
Temporary Staffing, Direct-Hire and Other Employer Services
(Legal name of business which will appear on contract, if awarded)
Dealer/DistributorManufacturer Other
Multiple Offerors
Acting JointlySingle Offeror Acting
Alone Or As Lead
Procurement No.: TS06-17
Title:
Offeror:
Title: Date:
On a separate sheet,list any subcontractors that would be employed in providing products or services related to this procurement.
Include subcontractor name, designation (HUB, DBE, etc.) and certifying/listing authority.
HUB Status Of Offeror
Designation(s):
Certifying/Listing Authority(s):
Subcontracts
FORM B - HISTORICALLY UNDERUTILIZED BUSINESS ENTERPRISES
Note 2:The terms "Certified"and "Listed"as used in conjunction with HUB programs relate to the process of HUB qualification
review.Jurisdictions usually require that companies claiming HUB status be reviewed and confirmed as meeting certain minimum
requirements to claim that status,and that the review and confirmation process be carried out by certain designated entities.They
are then "Certified" or "Listed" by having their name included on an official listing published by the Certifying or Listing Authority.
HGACBuy is committed to promoting full and equal business opportunities for HUB contractors,and to assisting Cooperative
Purchasing Program (COOP)Members in meeting mandated HUB goals.In that regard,Contractor shall make a good faith effort
to use the services of Certified/Listed (See Note 2) HUBs whenever possible.
As part of a good faith effort,Contractor agrees to work with and assist HGACBuy Members in meeting HUB targets and goals,as
may be required by any rules,processes or programs they might have in place.Such assistance may include such things as
compliance with reporting requirements,provision of documentation,consideration of 'Certified/Listed'subcontractors,provision of
documented evidence that an active participatory role for a HUB entity was considered in a procurement transaction, etc.
Most,if not all,of the Members of HGACBuy are subject to various requirements relative to purchasing goods and services from
Historically Underutilized Business Enterprises (HUBs)(See Note 1).These requirements are promulgated by federal and state
governmental authorities,and include measureable criteria such as 'percentage of total dollars spent directed to HUBs','number of
HUB contractors used','HUB subcontractors employed by primary contractors',etc.These requirements are generally formalized
in goal oriented programs.
Note 1:There are many designations other than "HUB"used across the country within various jurisdictions.Examples include
terms such as Disadvantaged Business Enterprise (DBE),Minority Owned Business Enterprise (MBE),Woman Owned Business
Enterprise (WBE),Small Disadvantaged Business (SDB),Small,Woman or Minority-owned Business (SWAM),etc.Regardless
of the formal designation,the overall objective of the relevant programs is basically the same,i.e.to insure that disadvantaged and
underutilized members of the business community receive a fair share of public spending.The term HUB as used herein shall be
understood to encompass all such programs/business enterprises, no matter what terminology is used by the Member.
Temporary Staffing, Direct-Hire and Other Employer Services
Accepted and Agreed By:
HUB DBE MBE WBE Other
Subcontractor List attached.No Subcontractors will be used.
Offeror is a HUB, as detailed below.Offeror is not a HUB.
Procurement No.: TS06-17
Title:
Offeror:
This Response Includes:Init.
1
2
3
4
5
6
7
8
9
8
9
The required list of (5) References.
Detailed Geographic capability listing,including a list of various office locations and number of
employees at each location. Use a map if necessary.
An "Original"hard copy of the COMPLETE submission,including all required FORMS,plus one
copy, each in a separate hard-sided 3-ring binder.
A "Copy"of the COMPLETE submission,including all required FORMS,in electronic format (CD,
DVD, flash drive).
An originally signed Form A from all entities who are party to this submission and who should be
offered a contract if this submission is successful.
FORM C - RESPONSE CHECKLIST
Temporary Staffing, Direct-Hire and Other Employer Services
This FORM is provided to help insure that all required Response elements have been completed and included,or
certified as being available upon request.Responses that do not comply with all requirements may be considered
non-compliant. Offerors signatory must review each item below, and certify by initialing in the space to the right.
Filled out Both Form D1 and D2 Pricing Sheets and included both Form D's and Form E (in excel
format) in your electronic response.
If applicable,have you submitted any Value Added Services or added any additional comments on the
Form E.
Have you submitted a Program Promotion plan and an Executive Summary?
Form CIQ,if required by law,completed and signed.(The Form,and instructions for its use,can be
found at:http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm)If Form CIQ does not apply,put
"N/A" in the box to the right.
If the Non-Resident Reciprocal Bid Act applies,a copy of your state statute and a determination of the
status of Texas bidders/proposers in your home state.If not applicable,indicate by putting "N/A"in
the box to the right.
Have you provided copies of an Executive Summary,Worker’s Compensation and Commercial General
Liability Insurance certificates?
Title:
Offeror:
When using the DOL website guidelines, as the Base pricing rate for Temporary Hire:
yes/no > >
fee: > > >
Explain here:
8.) Direct-Hire annual salary percentage of Mark-up.
9.) Direct-Hire guarantee period in hours.
10.) Payrolling percentage of Mark-Up.
FORM D1 - PRICING PAGE #1 Procurement No.: TS06-17
1.) What is the percentage of Mark-Up added to the Base rate for an
Administrative position?
2.) What is the percentage of Mark-Up added to the Base rate for an
Light Industrial position?
3.) What is the percentage of Mark-Up added to the Base rate for an
Heavy Industrial position?
4.) What is the percentage of Mark-Up added to the Base rate for an IT
position?
Temporary Staffing, Direct-Hire and Other Employer Services
Respondent shall provide cost of services, Mark-up (MU) percentage pricing on the worksheet as noted:
** The annual salary must be equal to or less
than hourly rate provided in the job descriptions
listed on Form D - Page #2, using the multiplier
of 2080 hours.
5.) What is the minumum conversion time in (hours) for a temporary
employee to be hired without incurring a conversion or buyout fee?
7. ) If there are liquidation fees or charges for the above transaction,
what is the fee, percentage or hours charged? Briefly explain.
hours: > > >
percentage > >
6.) Are there any liquidation fees if the above conversion hours are not
met?
Title:
Offeror:
Code Occupation Description Mark-Up %Total Total
Low High
Please Use a
Whole Number as
the % (MU).
Example 25% =
1.25
Low High
Accounting:
A01 Accountant I $0.00 $0.00
A02 Accountant II $0.00 $0.00
A03 Financial Analyst I $0.00 $0.00
A04 Financial Analyst II $0.00 $0.00
A05 Payroll Clerk $0.00 $0.00
A06 Cost Accounting Specialist $0.00 $0.00
A07 CPA $0.00 $0.00
A08 Financial / Business Analyst $0.00 $0.00
A09 Controller $0.00 $0.00
A10 Auditor I $0.00 $0.00
A11 Auditor II $0.00 $0.00
Administrative Support and Clerical:
B01 Accounting Clerk I $0.00 $0.00
B02 Accounting Clerk II $0.00 $0.00
B03 Accounting Clerk III $0.00 $0.00
B04 Administrative Assistant $0.00 $0.00
B05 Call Center Representative $0.00 $0.00
B06 Copy Machine Operator $0.00 $0.00
B07 Court Reporter $0.00 $0.00
B08 Customer Service Representative I $0.00 $0.00
B09 Customer Service Representative II $0.00 $0.00
B10 Customer Service Representative III $0.00 $0.00
B11 Data Entry Operator I $0.00 $0.00
B12 Data Entry Operator II $0.00 $0.00
B13 Document Preparation Clerk $0.00 $0.00
B14 General Clerk I $0.00 $0.00
B15 General Clerk II $0.00 $0.00
B16 General Clerk III $0.00 $0.00
B17 Legal Secretary I $0.00 $0.00
B18 Legal Secretary II $0.00 $0.00
B19 Mail Room Clerk $0.00 $0.00
B20 Messenger Courier $0.00 $0.00
B21 Personnel Assistant (Employment) I $0.00 $0.00
B22 Personnel Assistant (Employment) II $0.00 $0.00
B23 Personnel Assistant (Employment) III $0.00 $0.00
B24 Production Control Clerk $0.00 $0.00
B25 Secretary I $0.00 $0.00
B26 Secretary II $0.00 $0.00
B27 Secretary III $0.00 $0.00
B28 Supply Technician $0.00 $0.00
B29 Receptionist/Switchboard Operator $0.00 $0.00
FORM D2 - PRICING PAGE #2 Procurement No.: TS06-17
Temporary Staffing, Direct-Hire and Other Employer Services
Pricing Range
B30 Travel Clerk I $0.00 $0.00
B31 Travel Clerk II $0.00 $0.00
B32 Travel Clerk III $0.00 $0.00
B33 Word Processor I $0.00 $0.00
B34 Word Processor II $0.00 $0.00
B35 Word Processor III $0.00 $0.00
Education:
C01 Teacher I $0.00 $0.00
C02 Teacher II $0.00 $0.00
C03 Teacher III $0.00 $0.00
C04 At Risk Counselor I $0.00 $0.00
General Services and Materials Handling
Support :
D01 Forklift Operator $0.00 $0.00
D02 Gardener $0.00 $0.00
D03 General Maintenance Worker $0.00 $0.00
D04 Janitor $0.00 $0.00
D05 Laborer $0.00 $0.00
D06 Librarian $0.00 $0.00
D07 Library Aide/Clerk $0.00 $0.00
D08 Library Technician $0.00 $0.00
D09 Material Coordinator $0.00 $0.00
D10 Material Handling Laborer $0.00 $0.00
D11 Order Filler $0.00 $0.00
D12 Shipping Packer $0.00 $0.00
D13 Shipping / Receiving Clerk $0.00 $0.00
D14 Stock Clerk $0.00 $0.00
D15 Park Naturalist $0.00 $0.00
D16 Recreation Specialist $0.00 $0.00
D17 Warehouse Specialist $0.00 $0.00
Health:
E01 Breath Alcohol Technician $0.00 $0.00
E02 Certified Occupational Therapist Assistant $0.00 $0.00
E03 Certified Physical Therapist Assistant $0.00 $0.00
E04 Claims Processor $0.00 $0.00
E05 Claims Processor (Senior)$0.00 $0.00
E06 Dental Assistant $0.00 $0.00
E07 Dental Hygienist $0.00 $0.00
E08 Dietary Aide $0.00 $0.00
E09 EKG Technician $0.00 $0.00
E10 Electroneurodiagnostic Technologist $0.00 $0.00
E11 Eligibility / Insurance Verifier $0.00 $0.00
E12 Eligibility Referral Coordinator $0.00 $0.00
E13 Emergency Medical Technician $0.00 $0.00
E14 Insurance Coordinator $0.00 $0.00
E15 Licensed Practical Nurse I $0.00 $0.00
E16 Licensed Practical Nurse II $0.00 $0.00
E17 Licensed Practical Nurse III $0.00 $0.00
E18 Medical Assistant $0.00 $0.00
E19 Medical Laboratory Technician $0.00 $0.00
E20 Medical Record Clerk $0.00 $0.00
E21 Medical Record Technician $0.00 $0.00
E22 Medical Transcriptionist $0.00 $0.00
E23 Nuclear Medicine Technologist $0.00 $0.00
E24 Nursing Assistant I $0.00 $0.00
E25 Nursing Assistant II $0.00 $0.00
E26 Nursing Assistant III $0.00 $0.00
E27 Nursing Assistant IV $0.00 $0.00
E28 Optical Dispenser $0.00 $0.00
E29 Optical Technician $0.00 $0.00
E30 Pharmacy Technician $0.00 $0.00
E31 Phlebotomist $0.00 $0.00
E32 Radiologic Technologist $0.00 $0.00
E33 Registered Nurse I $0.00 $0.00
E34 Registered Nurse II $0.00 $0.00
E35 Registered Nurse III $0.00 $0.00
E36 Registered Nurse IV $0.00 $0.00
E37 Scheduler (Drug and Alcohol Testing)$0.00 $0.00
E38 Substance Abuse Treatment Counselor $0.00 $0.00
Information Technology:
F01 Application Developer $0.00 $0.00
F02 Application Support Analyst $0.00 $0.00
F03 Applications Engineer $0.00 $0.00
F04 Computer Operator I $0.00 $0.00
F05 Computer Operator II $0.00 $0.00
F06 Computer Operator III $0.00 $0.00
F07 Computer Operator IV $0.00 $0.00
F08 Computer Operator V $0.00 $0.00
F09 Computer Programmer I $0.00 $0.00
F10 Computer Programmer II $0.00 $0.00
F11 Computer Programmer III $0.00 $0.00
F12 Computer Programmer IV $0.00 $0.00
F13 Computer Systems Analyst I $0.00 $0.00
F14 Computer Systems Analyst II $0.00 $0.00
F15 Computer Systems Analyst III $0.00 $0.00
F16 Customer Support Administrator $0.00 $0.00
F17 Customer Support Specialist $0.00 $0.00
F18 Database Administrator $0.00 $0.00
F19 Data Center Support Specialist $0.00 $0.00
F20 Desktop Support Manager $0.00 $0.00
F21 Desktop Support Specialist $0.00 $0.00
F22 Developer $0.00 $0.00
F23 Director of Technology $0.00 $0.00
F24 GIS (Geographic Info. Systems) Tech. I $0.00 $0.00
F25 GIS (Geographic Info. Systems) Tech. II $0.00 $0.00
F26 Help Desk Specialist $0.00 $0.00
F27 Help Desk Technician $0.00 $0.00
F28 Information Systems Project Manager $0.00 $0.00
F29 Information Technology Coordinator $0.00 $0.00
F30 Information Technology Director $0.00 $0.00
F31 Information Technology Manager $0.00 $0.00
F32 IT Support Manager $0.00 $0.00
F33 IT Support Specialist $0.00 $0.00
F34 IT Systems Administrator $0.00 $0.00
F35 Java Developer $0.00 $0.00
F36 Management Information Systems Director $0.00 $0.00
F37 Network/Communications Support Clerk $0.00 $0.00
F38 Network Systems Administrator $0.00 $0.00
F39 Peripheral Equipment Operator $0.00 $0.00
F40 Senior Database Administrator $0.00 $0.00
F41 Senior Network System Administrator $0.00 $0.00
F42 Senior Programmer $0.00 $0.00
F43 Senior Programmer Analyst $0.00 $0.00
F44 Senior Security Specialist $0.00 $0.00
F45 Senior Support Specialist $0.00 $0.00
F46 Senior System Administrator $0.00 $0.00
F47 Senior System Analyst $0.00 $0.00
F48 Senior Web Administrator $0.00 $0.00
F49 Senior Web Developer $0.00 $0.00
F50 Software Developer $0.00 $0.00
F51 Software Quality Assurance Analyst $0.00 $0.00
F52 Support Specialist $0.00 $0.00
F53 Systems Administrator $0.00 $0.00
F54 Systems Analyst $0.00 $0.00
F55 Systems Designer $0.00 $0.00
F56 System Support Specialist $0.00 $0.00
F57 Technical Operations Officer $0.00 $0.00
F58 Technical Support Specialist $0.00 $0.00
F59 Technical Specialist $0.00 $0.00
F60 Telecommunications Specialist $0.00 $0.00
F61 Web Administrator $0.00 $0.00
F62 Web Developer $0.00 $0.00
F63 Web Master $0.00 $0.00
Procurement:
G01 Buyer I $0.00 $0.00
G02 Buyer II $0.00 $0.00
G03 Buyer III $0.00 $0.00
G04 Purchasing Manager $0.00 $0.00
Professional:
H01 Business Development Manager $0.00 $0.00
H02 Business Development Sales Rep.$0.00 $0.00
H03 Contract Administrator $0.00 $0.00
H04 Contract Specialist $0.00 $0.00
H05 Community Relations Representative II $0.00 $0.00
H06 Community Relations Representative III $0.00 $0.00
H07 Executive Consultant $0.00 $0.00
H08 Facility Manager $0.00 $0.00
H09 Fire / HAZMAT Specialist $0.00 $0.00
H10 Grant Administrator $0.00 $0.00
H11 Human Resources Coordinatior $0.00 $0.00
H12 Human Resources Manager $0.00 $0.00
H13 Human Resources Specialist $0.00 $0.00
H14 Inspection Manager $0.00 $0.00
H15 Inspection Specialists $0.00 $0.00
H16 Insurance Specialist I $0.00 $0.00
H17 Insurance Specialist II $0.00 $0.00
H18 Insurance Specialist III $0.00 $0.00
H19 Law Enforcement Specialist $0.00 $0.00
H20 Logistics Specialists $0.00 $0.00
H21 Logistics Manager $0.00 $0.00
H22 Paralegal/Legal Assistant I $0.00 $0.00
H23 Paralegal/Legal Assistant II $0.00 $0.00
H24 Paralegal/Legal Assistant III $0.00 $0.00
H25 Paralegal/Legal Assistant IV $0.00 $0.00
H26 Park Ranger $0.00 $0.00
H27 Principle Consultant $0.00 $0.00
H28 Public Assistance Specialist $0.00 $0.00
H29 Safety Manager $0.00 $0.00
H30 Security - unarmed $0.00 $0.00
H31 Security - armed $0.00 $0.00
H32 Transportation Manager $0.00 $0.00
Scientific:
I01 Wildlife Biologist $0.00 $0.00
I02 Environmental Coordinator I $0.00 $0.00
I03 Geologist $0.00 $0.00
Miscellaneous:
J01 Cashier $0.00 $0.00
J02 Desk Clerk $0.00 $0.00
FORM E -- ADDITIONAL VALUE ADDED SERVICES THAT CAN BE OFFERED Procurement No.:TS06-17
Title: Temporary Staffing, Direct-Hire and Other Employer Services
Offeror
Name:
Code
(if any)Description of Additional Services Offered Rate,
Price or Range
Notes:
(Important)
1) Quote each Value Added Service (VAS) on a single separate line. Pricing must be included in order for
the VAS to become accepted and approved.
2) Use a single Form E for ALL Items. Add/Insert additional lines as necessary.
SECTION D
ProForma (Sample Contract)
(06/18/09) Page 1 of 4
This is a sample of the contract that will be sent to you for
execution IF you are recommended for a contract award.
Do NOT complete and return with your Response.
A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL, Houston, Texas AND
This Contract is made and entered into by the Houston-Galveston Area Council of Governments, hereinafter referred to as
H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 100, Houston, Texas 77027, AND,
hereinafter referred to as the CONTRACTOR, having its principal place of business at .
ARTICLE 1: SCOPE OF SERVICES
The parties have entered into a Contract to become effective as of , and to continue through (the
“Contract”), subject to extension upon mutual agreement of the CONTRACTOR and H-GAC. H-GAC enters into the
Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the purchase of
offered by the CONTRACTOR. The CONTRACTOR agrees to sell through the H-GAC Contract to END
USERS.
ARTICLE 2: THE COMPLETE AGREEMENT
The Contract shall consist of the documents identified below in order of precedence:
1. The text of this Contract form, including but not limited to, Attachment A
2. General Terms and Conditions
3. Bid Specifications No:_______, including any relevant suffixes
4. CONTRACTOR’s Response to Bid No:_______, including but not limited to, prices and options offered
All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall
constitute the complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements
between the parties relating to matters herein. Except as otherwise provided herein, this Contract cannot be modified without
the written consent of both parties.
ARTICLE 3: LEGAL AUTHORITY
CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to
enter into this Contract. The governing bodies, where applicable, have authorized the signatory officials to enter into this
Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto.
ARTICLE 4: APPLICABLE LAWS
The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives,
issuances, ordinances, and laws in effect or promulgated during the term of this Contract.
ARTICLE 5: INDEPENDENT CONTRACTOR
The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of
H-GAC or CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be
construed as making CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States
Government. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR.
CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom.
ARTICLE 6: END USER AGREEMENTS
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR
through this Contract and that the term of said Agreement may exceed the term of the H-GAC Contract. However this
acknowledgement is not to be construed as H-GAC’s endorsement or approval of the End User Agreement terms and
conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terms or conditions that
conflict with or contravene those in CONTRACTOR’s H-GAC contract. Further, termination of this Contract for any
reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and
any END USER which shall, in each instance, continue pursuant to their stated terms and duration. The only effect of
termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with
END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on
SECTION D
ProForma (Sample Contract)
(06/18/09) Page 2 of 4
any End User Agreements surviving termination of this Contract between H-GAC and CONTRACTOR.
ARTICLE 7: SUBCONTRACTS & ASSIGNMENTS
CONTRACTOR agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Contract or any right,
title, obligation or interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the
right to accept or reject any such change. CONTRACTOR shall continue to remain responsible for all performance under this
Contract regardless of any subcontract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its
Subcontractors or Assignees.
ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR’S RECORDS
CONTRACTOR shall maintain during the course of its work, complete and accurate records of items that are chargeable to
END USER under this Contract. H-GAC, through its staff or its designated public accounting firm, the State of Texas, or the
United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the
premises of CONTRACTOR. Failure to provide access to records may be cause for termination of this Contract.
CONTRACTOR shall maintain all records pertinent to this Contract for a period of not less than five (5) calendar years from
the date of acceptance of the final contract closeout and until any outstanding litigation, audit or claim has been resolved. The
right of access to records is not limited to the required retention period, but shall last as long as the records are retained.
CONTRACTOR further agrees to include in all subcontracts under this Contract, a provision to the effect that the subcontractor
agrees that H-GAC'S duly authorized representatives, shall, until the expiration of five (5) calendar years after final payment
under the subcontract or until all audit findings have been resolved, have access to, and the right to examine and copy any
directly pertinent books, documents, papers, invoices and records of such subcontractor involving any transaction relating to the
subcontract.
ARTICLE 9: REPORTING REQUIREMENTS
CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the
Bid Specifications. If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or
documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for
termination of this Contract.
ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE
If CONTRACTOR, at any time during this Contract , routinely enters into agreements with other governmental customers
within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that
provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, CONTRACTOR shall
notify H-GAC within ten (10) business days thereafter of that offering and this Contract shall be deemed to be automatically
amended effective retroactively to the effective date of the most favorable contract, wherein CONTRACTOR shall provide
the same prices, warranties, benefits, or terms to H-GAC and its END USER. H-GAC shall have the right and option at
any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If
CONTRACTOR is of the opinion that any apparently more favorable price, warranty, benefit, or term charged and/or
offered a customer during the term of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten
(10) business days notify H-GAC in writing, setting forth the detailed reasons CONTRACTOR believes aforesaid offer
which has been deemed to be a most favored treatment, is not in fact most favored treatment. H-GAC, after due
consideration of such written explanation, may decline to accept such explanation and thereupon this Contract between H-
GAC and CONTRACTOR shall be automatically amended, effective retroactively, to the effective date of the most favored
agreement, to provide the same prices, warranties, benefits, or terms to H-GAC.
The Parties accept the following definition of routine: A prescribed, detailed course of action to be followed regularly; a
standard procedure. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a
bidder, or contractor, which are not within bidder's control [example; a manufacturer's bid concession], or to any prices
offered to the Federal Government and its agencies.
ARTICLE 11: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination
shall not affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 12: DISPUTES
Any and all disputes concerning questions of fact or of law arising under this Contract, which are not disposed of by agreement,
shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide
notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless,
SECTION D
ProForma (Sample Contract)
(06/18/09) Page 3 of 4
within thirty (30) days from the date of receipt of such notice, CONTRACTOR requests a rehearing from the Executive
Director of H-GAC. In connection with any rehearing under this Article, CONTRACTOR shall be afforded an opportunity to
be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be
final and conclusive. CONTRACTOR may, if it elects to do so, appeal the final and conclusive decision of the Executive
Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed
diligently with the performance of this Contract and in accordance with H-GAC'S final decision.
ARTICLE 13: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR’s total
liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but
excluding its obligation to indemnify H-GAC described in Article 14, is limited to the price of the particular products/services
sold hereunder, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not as
warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost
profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.
CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any
amounts determined by H-GAC , its independent auditors, or any agency of State or Federal government to have been paid in
violation of the terms of this Contract.
ARTICLE 14: LIMIT OF H-GAC’S LIABILITY AND INDEMNIFICATION OF H-GAC
H-GAC’s liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise,
is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience,
commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be
disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members,
officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney
fees), actions, causes of action, judgments, and liens arising as a result of CONTRACTOR’s negligent act or omission under
this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against
CONTRACTOR relating to this Contract.
ARTICLE 15: TERMINATION FOR CAUSE
H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or
conditions of the Contract; provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR’S
failure. If within thirty (30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure,
or thereafter proceeded diligently to complete such correction, then H-GAC may, at its option, place CONTRACTOR in
default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H-GAC any
order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR
and for which compensation was received by CONTRACTOR.
ARTICLE 16: TERMINATION FOR CONVENIENCE
Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty (30) days written
notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed; to the
extent said services are satisfactory to END USER. CONTRACTOR shall pay to H-GAC any order processing charges due
from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation
is received by CONTRACTOR.
ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS
CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set
forth by H-GAC, the State of Texas, and the acts and regulations of any funding entity. CONTRACTOR agrees to notify
H-GAC of any suspected fraud, abuse or other criminal activity related to this Contract through filing of a written report
promptly after it becomes aware of such activity.
ARTICLE 18: GOVERNING LAW & VENUE
This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising
under or in connection with this Contract shall lie exclusively in Harris County, Texas. Disputes between END USER and
CONTRACTOR are to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall
immediately notify H-GAC of such disputes.
SECTION D
ProForma (Sample Contract)
(06/18/09) Page 4 of 4
ARTICLE 19: PAYMENT OF H-GAC ORDER PROCESSING CHARGE
CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract, including,
but not limited to, the payment of the applicable H-GAC order processing charge. On notification from an END USER that
an order has been placed with CONTRACTOR, H-GAC will invoice CONTRACTOR for the applicable order processing
charge. Upon delivery of any product/service by CONTRACTOR and acceptance by END USER, CONTRACTOR shall,
within thirty (30) calendar days or ten (10) business days after receipt of payment, whichever is less, pay H-GAC the full
amount of the applicable order processing charge, whether or not CONTRACTOR has received an invoice from H-GAC.
For sales made by CONTRACTOR based on this contract, including sales to entities without Interlocal Contracts,
CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to
encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal
Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if
CONTRACTOR fails to promptly remit H-GAC’s order processing charge. In no event shall H-GAC have any liability to
CONTRACTOR for any goods or services an END USER procures from CONTRACTOR.
ARTICLE 20: LIQUIDATED DAMAGES
Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER’s
purchase order is placed.
ARTICLE 21: PERFORMANCE BONDS FOR INDIVIDUAL ORDERS
Except as described below for fire apparatus, CONTRACTOR agrees to provide a Performance Bond at the request of END
USER within ten (10) days of receipt of END USER’s purchase order.
It shall be standard procedure for every order received for fire apparatus that a Performance Bond in the amount of the order
be provided to the END USER. Failure of CONTRACTOR to provide such performance bond within ten (10) days of
receipt of END USER’s order may constitute a total breach of contract and shall be cause for cancellation of the order at
END USER’s sole discretion. END USER may choose to delete the requirement for a Performance Bond at END USER’s
sole discretion. If the bond requirement is waived, END USER shall be entitled to a price reduction commensurate with the
cost that would have been incurred by CONTRACTOR for the bond.
ARTICLE 22: CHANGE OF CONTRACTOR STATUS
CONTRACTOR shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee
status, Motor Vehicle license status, or name, and shall also advise whether or not this Contract shall be affected in any way
by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what
action shall be warranted, up to and including cancellation of Contract.
ARTICLE 23: LICENSING REQUIRED BY TEXAS MOTOR VEHICLE BOARD [IF APPLICABLE]
CONTRACTOR will for the duration of this Contract maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Contract period, any CONTRACTOR’S license is not renewed, or is denied or
revoked, CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or
waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-
GAC upon request.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives.
Signed for Houston-Galveston Area Council, Houston, Texas:______________________________________________
Jack Steele, Executive Director
Attest for Houston-Galveston Area Council, Houston, Texas:_______________________________________________
Deidre Vick, Director of Public Services
Date:_____________________ , 20___
Signed for________________________________ ________________________________________________
Printed Name & Title:_____________________________________________ Date:____________________ 20___
Attest for_________________________________ ________________________________________________
Printed Name & Title:_____________________________________________ Date:___________________, 20___
Tab
B
–
Vendor
Questionnaire
Please
provide
responses
to
the
following
questions
that
address
your
company’s
operations,
organization,
structure,
and
processes
for
providing
products
and
services.
♦States
Covered
Ø Bidder
must
indicate
any
and
all
states
where
products
and
services
can
be
offered.
Ø Please
indicate
the
price
co-‐efficient
for
each
state
if
it
varies.
50
States
&
District
of
Columbia
(Selecting
this
box
is
equal
to
checking
all
boxes
below)
Alabama
Maryland
South
Carolina
Alaska
Massachusetts
South
Dakota
Arizona
Michigan
Tennessee
Arkansas
Minnesota
Texas
California
Mississippi
Utah
Colorado
Missouri
Vermont
Connecticut
Montana
Virginia
Delaware
District
of
Columbia
Nebraska
Nevada
Washington
West
Virginia
Florida
New
Hampshire
Wisconsin
Georgia
New
Jersey
Wyoming
Hawaii
New
Mexico
Idaho
New
York
Illinois
North
Carolina
Indiana
North
Dakota
Iowa
Ohio
Kansas
Oklahoma
Kentucky
Oregon
Louisiana
Pennsylvania
Maine
Rhode
Island