YOUR IMMEDIATE ATTENTION IS REQUIRED
ON THIS MATTER TO FINALIZE YOUR PROPOSAL
So please act now!!!!!!
As of January 1, 2016 a new state policy was implemented that affects all proposals which are awarded by our Board of Trustees. HB1295 basically states the following…
House Bill 1295 amended the Texas Government Code by adding Section 2252.908, the Disclosure of Interested Parties. Under this Section 2252.908, (Alvin ISD) is prohibited from entering into a contract resulting from an RFP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to the District at the time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission.
Changes to the law requiring certain businesses to file a Form 1295 are in effect for contracts entered into or amended on or after January 1, 2018. The changes exempt certain businesses from filing a Form 1295 for certain types of contracts and replace the need for a completed Form 1295 to be notarized. Instead, the person filing a 1295 needs to complete an ”unsworn declaration.”
Detailed Instructions for Compliance with HB1295VENDOR’S Responsibility for Compliance:
1) Go to the Ethics Commission Website using the following link to register and complete FORM 1295 - Certificate of Interest Parties Electronic Filing Application: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
Proposers must complete the filing application Form 1295 electronically with the Texas Ethics Commission using their online filing application. Click here to hyperlink to the form: Texas Ethics Commission Form 1295
As a “business entity,” all vendors must electronically complete, print, sign, and submit Form 1295 with their proposals or contracts even if there are no conflicting interested parties within the district unless:
Form 1295 is not required for the following contracts if entered into or amended on or after January 1, 2018:
(1) a sponsored research contract of an institution of higher education;
(2) an interagency contract of a state agency or an institution of higher education;
(3) a contract related to health and human services if:
(a) the value of the contract cannot be determined at the time the contract is executed; and
(b) any qualified vendor is eligible for the contract;
(4) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity;*
(5) a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code;* or
(6) a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code.*
2) Proposers must print a copy of the completed form, which will include a certification of filing containing a unique certification number.
3) The Form 1295 must be signed by an authorized agent of the business entity, as "Unsworn Declaration"
4) Send a copy of the form via email or fax to the Purchasing Dept -Attn: Jennifer Ortiz, firstname.lastname@example.org. The fax number for our Purchasing Department is 281- 585-4567.
ADDITIONAL NOTATION: The Form 1295 must be completed for every contract entered into with Alvin ISD that will be awarded by the board.
Alvin ISD Responsibility for Compliance:
1) Once received, Alvin ISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30th day after the date the contract in approved at our board meeting.
2) After Alvin ISD acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website within seven business days.
3) The completed Form 1295 with the certification of filing will be filed with your completed proposal or contract that was provided to the district for board award.
4) We will then provide vendor numbers to staff for issuance of purchase order.
ADDITIONAL NOTATION: Failure to comply with HB 1295 will result in your vendor packet being suspended from processing and no business can be conducted with your company until compliance has been provided by your company to Alvin ISD.
Additional Information to Help Clarify HB1295:
• Should you have questions, concerns or require additional information, please contact the Texas Ethics Commission at 512-463-5800; their office hours are from 8:00 am to 5:00 pm Monday through Friday.
• For questions submitting Form 1295 to Alvin ISD:
o Contact Jennifer Ortiz at 281-245-2430, or by email at email@example.com .
o You may fax your signed copy to (281)585-4567
** Alvin ISD is not required at this time to keep the original documentation; therefore, it can be scanned electronically and received by email or by fax to the Purchasing Department or submitted with proposal documentation.
** HB1295 affects all Government Entities entering into contracts thereby their Board of Trustees awards the contracts. Therefore, should you enter into any other contracts with other school districts, universities, colleges, or government municipalities, be prepared to complete this form for their contracts as well.
Definitions Utilized for Completing the Form 1295 include:
“Interested Party” means a person:
· Who has a controlling interest in a business entity with whom AISD contracts; or
· Who actively participates in facilitating the contract or negotiating the terms of the contract with Alvin ISD, including a broker, intermediary, adviser, or attorney for the business entity
“Business Entity” means an entity:
· Who is recognized by law through which business is conducted, including a sole proprietorship, partnership or corporation.o This includes Non-Profit and For-Profit Organizations as a Business Entity
“Intermediary” for purposes of this rule, means a person:
· Who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:
o Receives compensation from the business entity for the person’s participation
o Communicates directly with Alvin ISD on behalf of the business entity regarding the contract
o AND is not an employee of the business entity
“Controlling Interest” means a person:
· Whereby has ownership interest or participating interest in the business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent
· Is a member on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members
· Who serves as an officer of a business entity that has four or fewer officers or service as one of the four officers most highly compensated by a business entity that has more than four officers