Purchasing Department Kristine Johnston, Director of Purchasing July 1, 2014 Re: District Fundraiser Services Request for Proposal #14-06-4031RFP Notice to Proposers Proposals for, addressed to the attention of Kristine Johnston, Director of Purchasing, Cypress-Fairbanks Independent School District, Windfern Administrative Annex, 12510 Windfern Road, Houston, Texas 77064-3108, will be received on a continual basis at the above address until 4:00 p.m., Tuesday, June 30, 2015. Bid forms and specifications may be obtained from the Director of Purchasing, phone 281-897- 4576, and/or downloaded from our website http://www.cfisd.net/en/about/financial-information/bids-and-proposals/. Please check our website for any updates, addendums, or amendments to this proposal. Proposal envelopes should be plainly marked, Proposal for District Fundraiser Services, Request for Proposal #14-06- 4031RFP. Any proposal received later than the specified time shall be disqualified. Proposals may be submitted on any and/or all items. The District reserves the right to reject any and/or all proposals, to accept any proposal deemed most advantageous to the Cypress-Fairbanks Independent School District and to waive any informalities in bidding. Sincerely, Kristine Johnston, Director of Purchasing Cypress-Fairbanks Independent School District Matt Morgan Assistant Superintendent of Support Services KJ/ol Windfern Administrative Annex 12510 Windfern Road, Houston, Texas 77064-3108 P. O. Box 692003 281-897-4576 FAX 281-897-4185 Houston, Texas 77269-2003
SECTION I GENERAL INSTRUCTIONS 1. DESCRIPTION. Cypress-Fairbanks Independent School District ( CFISD or the District ) is accepting Proposal Responses from fundraiser companies in accordance with the instructions, terms and conditions, and requirements/specifications contained in this Solicitation. 2. SUBMISSION OF PROPOSALS. 2.1. Proposals are to be sealed and returned in an envelope marked on the outside with the Proposer s name, address and Proposal number. 2.2. Proposals must be returned to the following address in sufficient time so as to be received and time stamped on or before the time and date shown on this Solicitation. 2.3. Proposals shall represent a true and correct statement and shall contain no cause for claim of omission or error. 2.4. Proposals will not be considered received unless the Proposal is physically received within the Purchasing Office at the address listed above prior to Proposal opening. 2.5. Late Solicitation Responses will not be considered under any circumstances. 3. REQUESTS FOR CLARIFICATIONS, INTERPRETATIONS, AND QUESTIONS. 3.1. All requests must be submitted at least seven (7) days prior to the closing of the RFP, and only fully completed requests for valid and current solicitations will receive a response. Late or delinquent requests will not be entertained or answered. 3.2. Requests for clarification or additional information shall be directed to: Kristi Giron, Director of General Administration, Phone: 281-517-6367, Email: kristi.giron@cfisd.net. 3.3. All requests must include all information for this Solicitation. Failure to provide all information may delay a response from the District. 3.4. The District reserves the right to inform the requester that the response to their request will be submitted through an addendum to all interested proposers and not be addressed directly through their request. 3.5. Once a request is received, a notification of receipt by the District will be forwarded to the contact email address. 3.6. Proposer is discouraged from contacting the District s Buyer directly unless necessary. Contact with other employees of the District is prohibited during the RFP process unless directed by the Buyer or other District Purchasing officers. Proposers that fail to adhere to this requirement risk having their Proposal disqualified. 4. PROPOSAL RESPONSE. 4.1. The District will be accepting Proposal Responses on a continual basis from the issue date of this RFP until closing at 4:00 P.M. on June 30, 2015. 4.2. Proposers shall complete and submit the Fundraiser Permit Application in Section IV of this RFP with their Proposal Response to be considered for an award. Incomplete applications will not be considered. 4.3. Proposal Responses must contain: 4.3.1. The Fundraiser Permit Application Form in Section IV in its entirety; 4.3.2. Catalogs, brochures, order form samples; 4.3.3. Any additional documents required by the Solicitation. W-9 Proposer Identification Number Certificate. Proposer shall submit with their Proposal Response a copy of a W-9 Proposer Identification Number Certificate to expedite the payment process if awarded a contract. A copy of the form can be found at http://www.irs.ustreas.gov/pub/irs-pdf/fw9.pdf 4.4. Faxed or other electronic submission is prohibited unless specifically authorized in this Solicitation. 4.5. The District reserves the right to reject any Proposal Responses that the District considers inappropriate. The District shall be the sole judge of acceptable Proposal Responses. 4.6. Proposals submitted are encouraged to be in type-written or in print format. Due to high volume of responses, any illegible proposals may be rejected. 4.7. Withdrawal of Proposals. Any Proposer who is extended the privilege of withdrawing a Proposal because of having proven mechanical error in his or her Proposal may not be allowed to submit a Proposal on similar items for a period of one year unless this prohibition is waived by the Superintendent. 4.8. If your company submitted a proposal under the previous RFP, Request for Proposal #13-04-3589RFP; April 2013, you do NOT need to reply to this proposal. Page 2 of 15
SECTION I GENERAL INSTRUCTIONS (continued) 5. GENERAL TERMS, CONDITIONS AND REQUIREMENTS FOR SOLICITATIONS. This Solicitation shall be governed by the following documents unless an exception is otherwise taken within this Solicitation. Documents are incorporated by reference only, and are not attached as part of this Solicitation. 5.1. Texas Education Code 44.031. 5.2. Purchasing and Acquisition, CFISD Policy CH (Legal). 5.3. Purchasing and Acquisition, CFISD Policy CH (Local). 6. TERM OF CONTRACT. 6.1. Contract(s) created by this Solicitation shall be in effect from July 1, 2014 or date of award, whichever is latest, through June 30, 2015. 6.2. CFISD reserves the right to extend the contract at the District s sole option for three (3) additional one-year increments. 6.3. Barring any breach per Section III, Item 9, contracts will automatically be renewed at the end of each period. 6.4. CFISD reserves the right to terminate any fundraising arrangements at any time that conflict with District policy or legislation, including new policy or future legislative action, enacted during the term of the agreement. 7. DELIVERY REQUIREMENTS. As per the negotiated terms and conditions for each fundraiser. 8. EVALUATION, NEGOTIATIONS AND AWARD. 8.1. Each Proposal Response will be evaluated based on the requirements set forth in Section II, Special Instructions. 8.2. Vendors are encouraged to submit applications as soon as possible. 8.3. This is a negotiated procurement, and as such, the District reserves the right to negotiate any terms, conditions, or pricing with a Proposer prior to an award. 8.4. Awards will be made on an incremental basis during the Solicitation offering period. 8.5. Awards will be made to Proposers that have received an acceptable evaluation rating on all criteria. 8.6. As Proposals are accepted by the District, individual awardees will be notified. 9. TYPE OF CONTRACT. Per the negotiated terms and conditions established for each fundraiser. Page 3 of 15
SECTION II SPECIAL INSTRUCTIONS The following information is to provide the Proposer with the needed information on how to complete and submit their Proposal response. 1. DEFINITION. For the purpose of this Solicitation, a Fundraiser is known as a company or firm whose purpose is to assist schools or organizations with the raising of funds by the sale of items. 2. BACKGROUND. 2.1. To ensure the appropriateness of fundraising services supplied to the District, CFISD has established a qualification process in selecting fundraiser companies. 2.2. The process is comprised of two (2) steps: 2.2.1. An evaluation committee determines the qualified applicants based on pre-established evaluation criteria and these approved applicants are then identified on a roster distributed to each campus. 2.2.2. Each campus makes the final determination on which fundraising company is the most suitable in meeting their needs by selecting from the applicants recorded on the approved roster. 3. FUNDRAISER PERMIT APPLICATION. Proposer must complete the attached Fundraiser Permit Application and submit it to the District Purchasing Department, at the address indicated on the application, for approval prior to contacting any campus/department. 4. PROHIBITED FUNDRAISERS. The following types of fundraisers will not be considered: 4.1. Door-to-door Solicitations. Students are discouraged participating in doing door to door fundraisers. 4.2. Raffles. The District shall not sponsor or conduct raffles, i.e., award one or more prizes by chance at a single occasion among a pool or group of persons who have paid or been promised a thing of value for a ticket that represents a chance to win a prize. 4.3. Donation Solicitations, Letter Campaigns. Students will not be allowed to solicit funds without the selling of a product. 4.4. Referral Fundraisers. The District does not allow fundraisers that involve a referral fee as a means of compensation. 5. FOODS OF MINIMAL NUTRITIONAL VALUE. 5.1. According to the Texas School Nutrition policy, Fundraising Foods are considered a competitive food. 5.2. Competitive foods may not be served or access be provided to them through direct or indirect sales to students on school premises during the school day. 6. EVALUATION CRITERIA. Each application will be evaluated on the following criteria. To be considered for an award, a Proposal Response must be considered Acceptable. The criteria are: 6.1. Basic description of company and the types of products or services offered. 6.2. Appropriateness of product or service being marketed through the District s students. 6.3. The range of unit costs and suggested retail prices of the product or service. 6.4. Anticipated profit percentage for the product or service. 6.5. How the product or service is marketed. 6.6. Product or service guarantee. 6.7. Support services provided by the Fundraising Sales Representative. 6.8. Ability to receive credit for unsold merchandise. 6.9. Sales tax provision. 6.10. Invoice / payment terms. 7. COMPETING APPLICATIONS. 7.1. CFISD reserves the right to limit the number of awards made to companies that sell like items. 7.2. CFISD reserves the right to limit an applicant s award to specific items listed within their application. 8. APPLICATION PROCESSING TIME. It is anticipated that the review process may take 2 3 weeks. However, the process may be delayed due to an increased number of applications. Page 4 of 15
SECTION II SPECIAL INSTRUCTIONS 9. AWARD. 9.1. Awards will be made throughout the open period of this Solicitation. 9.2. Awards will be made upon acceptance of Application. 9.3. Each applicant will be contacted in writing of their approval. No contact with the campuses shall take place until receipt of approval. 10. REJECTION OF APPLICATION. Applications may be rejected for any of the following reasons. Notwithstanding any of the following, final award is at the District s sole discretion. 10.1. Failure to meet the acceptable requirements set forth in the criteria above. 10.2. Product/service is unsuitable for marketing in the District. 10.3. Insufficient profit potential. 10.4. The solicitation of the product/service by the Fundraising Sale Representative creates a conflict of interest by his/her relationship with a District employee. 10.5. The solicitation of the product/service directly conflicts with any current District contracts and/or contracted items. 11. RESUBMISSION OF A REJECTED APPLICATION. 11.1. If a Proposal Response has been rejected, Proposer may submit a new Proposal Response once the deficiency(s) has been corrected. 11.2. For the District to consider a new Proposal Response, it must be an entirely new response, including all original documents and forms. 11.3. Resubmission must be within the RFP opening period as stated herein. Page 5 of 15
SECTION III SCOPE OF SERVICES CFISD is seeking to establish an agreement with one or more Businesses, Public or Private Organizations, or other entities that wish to provide fundraiser products/services to the District. 1. DISTRICT OVERVIEW. CFISD is one of the largest and fastest growing public school districts in Texas. The District is located in northwest Harris County covering 186 square miles. CFISD has an enrollment of approximately 110,000 students in grades prekindergarten to 12. The District has 20 administrative/support sites and 86 campuses. The 86 campuses are comprised of 11 high schools, 18 middle schools, 53 elementary schools, and 4 special campuses. Since 2007-08, the enrollment has increased by about 13,145 students with the annual growth rate of about 1% - 2% expected to continue. 2. AWARD LETTER. An awarded Proposer, hereby known as a Fundraiser Company is required to present their Fundraiser Approval Letter issued by the District s General Administration Department, Gail Spencer, to the school secretary when entering a campus/department. This letter is not an endorsement of the product or service, or guarantee of service acceptance by individual campuses. 3. FUNDRAISER SELECTION PROCESS. 3.1. Individual clubs, groups or organizations within a campus will determine which Fundraiser Company they wish to use based on the following, but not limited to: commission, suitability of fundraiser to the campus need, and whether the fundraiser will be beneficial to the campus and its community. 3.2. Campus Sponsors will be allowed to select a Fundraiser Company from the approved roster. 3.3. The District reserves the right for individual clubs, groups or organizations to negotiate with a Fundraiser Company, the terms, conditions, pricing, and other aspects of the Fundraiser Company s services or products during the term of the contract. 4. DISTRICT ACCESS. 4.1. Fundraiser Companies are not authorized to make unsolicited contacts with individual campuses. If/when a campus has an interest in a particular fundraiser product/service, the campus will make the initial contact with the Fundraiser Company. 4.2. Once services are requested by the campus, Fundraiser Companies are asked to limit their contact with District representatives to only those times necessary to conduct appropriate fundraiser activities. 4.2.1. No school visits are to be made during the first two or last two weeks of the school year, or at the end of a semester unless directly requested by District personnel. A District school calendar is available at the District website at www.cfisd.net. 4.2.2. Fundraiser Companies are encouraged to contact a campus or department prior to their visit to arrange for an appropriate time to meet with District personnel. It is the option of District personnel to determine if the Fundraiser Company will be granted an appointment. 5. PAYMENT TERMS. Shall be negotiated with the individual campus/department for each fundraiser. However, no payments shall be made prior to the delivery of the product. 6. SALES TAX. 6.1. According to the Texas Comptroller s office, fundraising firms taking orders through brochures and sales forms are considered the actual sellers of the fundraising items and therefore, responsible for the sales taxes on the full sales price. 6.2. The District, in conducting a fundraiser, acts as a representative for the fundraising firms in taking the orders and earning a commission and is not responsible for the sales taxes on these sales. 6.3. Approved Fundraiser Companies will be expected to remit the proper sales tax to the Texas Comptroller s office and the District will not be held liable for any sales tax issues. Page 6 of 15
SECTION III SCOPE OF SERVICES (continued) 7. SIGNED CONTRACTS OR AGREEMENTS. District Policy CH (Local) requires that all contracts or agreements shall be signed by the Superintendent or their designee. Specific authority delegated to any designee shall be in accordance with administrative regulation CH (Regulation). The Superintendent s designees for execution of contracts of one year or less are as follows: 7.1. Contracts less than $5,000 Principal or department director 7.2. Contracts less than $25,000, but equal to or greater than $5,000 Assistant Superintendent 7.3. Contracts $25,000 and greater Associate Superintendent Any contracts or agreements signed by any District employee other than the Superintendent s designee shall be considered null and void. 8. GIFTS AND CONTRIBUTIONS. No gifts or contributions will be allowed under this contract from the Fundraiser Company to a District employee. 9. CANCELLATION OF AWARD. Failure to abide by these guidelines or complaints received from schools/departments during the contract period will result in the cancellation of the permit, removal of the awarded company from the approved list, and prohibition from contacting school personnel concerning fundraisers. Page 7 of 15
SECTION IV FUNDRAISER PERMIT APPLICATION The following information must be provided for an application to be reviewed by Cypress-Fairbanks ISD General Administration Department. Incomplete applications will be returned to the applicant. Submit the application and required documentation to: Cypress-Fairbanks ISD Purchasing Department, 12510 Windfern Road, Houston, TX, 77064-3108 Firm Name: Parent Company Name (if applicable): Address: City: State: Zip: Fund Raising Sales Representative: Title: Phone #: Toll Free #: Cell #: Fax #: Email Address: Company Web Site: The following information shall provide the District a basic understanding of the product or service being offered. All information must be completed for the application to be considered. 1. Basic description of company and the types of products or services offered (attach copies of product descriptions, promotional literature, sales instructions, etc.): 2. The range of unit costs and suggested retail prices of the product or service: 3. Anticipated profit percentage for the product or service: Page 8 of 15
SECTION IV FUNDRAISER PERMIT APPLICATION (continued) 4. How is the product or service marketed by the seller (hand-to-hand, internet, brochures, etc.)? 5. Product or service guarantee: 6. Support services provided by the fundraising sales representative above: 7. Excluding pre-sales, can unsold merchandize be returned to the company and credit issued? Yes No 8. If yes, will it be for full credit? Yes No 9. If no, what percentage will be credited? % 10. List the appropriate school level(s) for the product or service. All Grade Levels High School (9 th -12 th ) Middle School (6 th -8 th ) Elem. School (K-5 th ) ****Please provide catalogs, brochures, order forms, etc. with application**** Page 9 of 15
VENDOR REFERENCES The Proposer is to submit three (3) references that have contracted with their company to provide like products and/or services. It is recommended that the Vendor show school districts or other local government organizations equal to CFISD in size and structure, if possible. To expedite the contract award, e-mail is the preferred method of contact. Note: Failure to supply complete reference information may be grounds for Proposal disqualification. 1 Company Name Contact Business Address Phone # Email Address Fax # 2 Company Name Contact Business Address Phone # Email Address Fax # 3 Company Name Contact Business Address Phone # Email Address Fax # The undersigned, as a representative of the company listed above, has reviewed and understands the requirements for the Fundraiser Permit Application listed above and the RFP terms and conditions, and will conduct business with the District in accordance with the requirements as stated. Signature: Date: Page 10 of 15
Vendor Response and Required Document Required Documents and Check List: The Fundraiser Permit Application Form in Section IV in its entirety Catalogs, brochures, order form samples W-9 Proposer Identification Number Certificate Felony Conviction Notification found on page 12 is completed and returned with proposal. Conflict of Interest Questionnaire completed online as directed on page 13. Certificate of Residency found on page 14 is completed and returned with proposal. Resident Bidder Form found on page 15 is completed and returned with proposal. Page 11 of 15
Felony Conviction Notification State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. This notice is not required of a publicly held corporation. I, the undersigned for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Please select one choice below: A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. B. My firm is not owned or operated by anyone who has been convicted of a felony. C. My firm is owned or operated by the following individuals who has/have been convicted of a felony. Name of individual(s): Details of conviction(s): Date of conviction(s): Name of Vendor: Name of Company Official: (Please type or print) (Please type or print) Signature of Authorized Agent: Date: Note: This form must be executed and submitted with Bid Form. Page 12 of 15
Conflict of Interest Questionnaire Requirement The Texas Senate passed House Bill No. 914, adding Chapter 176 to the Local Government Code, and imposing new disclosure and reporting obligations on vendors and potential vendors to local government entities beginning on January 1, 2006. This requirement includes school districts. You are required to complete the online Form CIQ, Conflict of Interest Questionnaire prior to the bid opening date. The form and instructions can be found on our website under the tab Conflict of Interest, https://app.cfisd.net/ciq/index.aspx. Note: This form must be executed electronically and must be completed each and every school year. CFISD must have one on file with a date of June 1, 2014 or after. Page 13 of 15
Certificate of Residency The State of Texas passed a law concerning non-resident contractors. This law can be found in Texas Government Code under Chapter 2252, Subchapter A, www.capitol.state.tx.us/statutes/gv.toc.htm. This law makes it necessary for the CFISD to determine the residency of its bidder. In part, this law reads as follows: Section: 2252.001 (3) Non-resident bidder refers to a person who is not a resident. (4) Resident bidder refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section: 2252.002 A governmental entity may not award a government contract to a nonresident bidder unless the nonresident underbids the lowest proposal submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located. I certify that (Name of company bidding) is, under Section: 2252.001 (3) and (4), a Resident Bidder Non-resident Bidder If Non-resident Bidder is checked, does your residence state require bidders whose principal place of business is in Texas to under-bid vendors whose residence state is the same as yours by a prescribed amount or percentage to receive a comparable contract? Yes No If yes, what is the amount or percentage? My or Our principal place of business under Section: 2252.001 (3) and (4), is in the city of in the state of. (Signature of authorized company representative) (Print name) Title Date Note: This form must be executed and submitted with Bid Form. Page 14 of 15
Resident Bidder Form If you or your company own real or personal property within Cypress-Fairbanks I.S.D. boundaries, please provide the address(es) and HCAD tax account number(s). If none, please indicated under item B. A. Address HCAD Tax Account Number (13 digits) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. List additional account numbers on a separate page. Additional accounts are listed Yes No B. There is no real or personal property located in Cypress-Fairbanks I.S.D. boundaries to report. Signature of Authorized Agent Date I, the undersigned for the firm named below, certify that the information concerning notification of real or personal property located within Cypress-Fairbanks I.S.D. boundaries is true to the best of my knowledge and have completed either item A or B above. Vendor (Company) Name Signature of Authorized Agent Date Note: This form must be executed and submitted with Bid Form. Page 15 of 15