David Wayne Fitts
Executive Director
240302
WASHINGTON MUSIC SALES CENTER, INC.
WASHINGTON MUSIC CENTER
Supplier Response
Event Information
Number: 240302
Title: Music Instruments, Sheet Music, and Repair
Type: Request for Proposal
Issue Date: 3/7/2024
Deadline: 4/19/2024 03:00 PM (CT)
Notes: This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of
Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity
("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback"
an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public
entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no
specific project or scope of work to review. Rather this solicitation is issued as a
prospective award for utilization when any TIPS Member needs the goods or services
offered during the life of the agreement.
IF YOU CURRENTLY HOLDS TIPS CONTRACT 210302 MUSIC INSTRUMENTS, SHEET
MUSIC, AND REPAIR SERVICES ("210302") YOU MUST RESPOND TO THIS
SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER
CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR MUSIC OFFERINGS. THIS
AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 210302.
IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN 210302 WHICH COVERS ALL OF
Page 1 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
YOUR MUSIC OFFERINGS AND YOU ARE SATISFIED WITH IT, THERE IS NO NEED TO
RESPOND TO THIS SOLICITATION UNLESS YOU PREFER TO HOLD BOTH CONTRACTS.
Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: bids@tips-usa.com
Page 2 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
WASHINGTON MUSIC SALES CENTER, INC. Information
Address: 11151 VEIRS MILL RD
WHEATON, MD 20902
Phone: (301) 946-8808
Fax: (301) 946-0487
Web Address: www.chucklevins.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Trey Smith trey.smith@chucklevins.com
Signature Email
Submitted at 4/19/2024 12:14:44 PM (CT)
Requested Attachments
Vendor Agreement TIPS Vendor Agreement.pdf
The Vendor Agreement must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed,
Vendor Name placed in the line provided at the top, and uploaded to this location. If Vendor has proposed deviations
to the Vendor Agreement, Vendor may assert so in the Attribute Questions and those shall be addressed during
evaluation.
Vendor Agreement Signature
Vendor Agreement Signature Form Form.pdf
The Vendor Agreement Signature Form must be downloaded from the “Attachments” section of the IonWave eBid
System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor
Agreement, Vendor may leave the signature line of this page blank and assert so in the Attribute Questions and those
shall be addressed during evaluation.
Pricing Form 1 240302 Pricing Form 1.xlsx
Pricing Form 1 must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly
completed as instructed, and uploaded to this location.
Pricing Form 2 240302 Pricing Form 2 (1).xlsx
Pricing Form 2 must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly
completed as instructed, and uploaded to this location.
Reference Form 240302 Reference Form .xls
The Reference Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed,
properly completed, and uploaded to this location. The Reference Form must be uploaded in Excel format.
Required Confidentiality Claim Form Confidentiality Claim Form.pdf
The Required Confidentiality Claim Form must be downloaded from the “Attachments” section of the IonWave eBid
System, reviewed, properly completed, and uploaded to this location. This is the only way for Vendor to assert
confidentiality of any information submitted.
Current Form W-9 WMC W-9-2024.pdf
Vendor must upload their current IRS Tax Form W-9. The legal name, EIN, and d/b/a's listed should match the
information provided herein exactly. This form will be utilized by TIPS to properly identify your entity.
Alternate or Supplemental Pricing Documents WMC Retail Catalog Feb 2024.pdf
Optional. If when completing Pricing Form 1 & Pricing Form 2 you direct TIPS to view additional, alternate, or
supplemental pricing documentation, you may upload that documentation.
Page 3 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
Supplemental Vendor Information (Supplemental Vendor Information No response
Only)
Optional. If Vendor would like to display or include any brochures, promotional documents, marketing materials, or
other Vendor Information for TIPS and TIPS Member Customer consideration, Vendor may upload those at this
location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor
Supplemental Information for marketing and informational purposes only.
Vendor’s Warranties, Terms, and Conditions (Supplemental Vendor Warranty information.pdf
Information Only)
Optional. If Vendor would like to display any standard warranties, terms, or conditions which are often applicable to
their offerings for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These
supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental
Information for marketing and informational purposes only.
Certificates & Licenses (Supplemental Vendor Information Only) No response
Optional. If Vendor would like to display any applicable certificates or licenses (including HUB certificates) for TIPS and
TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents
shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing
and informational purposes only.
Vendor Logo (Supplemental Vendor Information Only) No response
Optional. If Vendor desires that their logo be displayed on their public TIPS profile for TIPS and TIPS Member viewing,
Vendor may upload that logo at this location. These supplemental documents shall not be considered part of the TIPS
Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.
Disclosure of Lobbying Activities - Standard Form - LLL No response
Do not upload this form unless Vendor has reportable lobbying activities. There are Attributes entitled, “2 CFR Part
200 or Federal Provision - Byrd Anti-Lobbying Amendment – Continued.” Properly respond to those Attributes and
only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the
Disclosure of Lobbying Activities – Standard Form - LLL must be downloaded from the “Attachments” section of the
IonWave eBid System, reviewed, properly completed, and uploaded to this location.
Conflict of Interest Questionnaire - Form CIQ No response
Do not upload this form unless you have a reportable conflict with TIPS. There is an Attribute entitled “Conflict of
Interest Questionnaire Requirement” immediately followed by an Attribute entitled “Conflict of Interest Questionnaire
Requirement – Form CIQ – Continued.” Properly respond to those Attributes and only upload this form if
applicable/instructed. If upload is required based on your response to those Attributes, the Conflict of Interest
Questionnaire – Form CIQ must be downloaded from the “Attachments” section of the IonWave eBid System,
reviewed, properly completed, and uploaded at this location.
Bid Attributes
1 Disadvantaged/Minority/Women Business & Federal HUBZone
Some participating public entities are required to seek Disadvantaged/Minority/Women Business & Federal
HUBZone ("D/M/WBE/Federal HUBZone") vendors. Does Vendor certify that their entity is a D/M/WBE/Federal
HUBZone vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments"
location.
NO
Page 4 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
2 Historically Underutilized Business (HUB)
Some participating public entities are required to seek Historically Underutilized Business (HUB) vendors as defined
by the Texas Comptroller of Public Accounts Statewide HUB Program. Does Vendor certify that their entity is a HUB
vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments"
location.
No
3 National Coverage
Can the Vendor provide its proposed goods and services to all 50 US States?
Yes - All 50 States
4 States Served
If Vendor answered "No" to the question entitled "National Coverage," please list all states where vendor can
provide the goods and services proposed directly below. Your response may dictate which potential TIPS Member
customers consider purchasing your offerings.
No response
5 Description of Vendor Entity and Vendor's Goods & Services
If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for
customer/public viewing.
For over 60 years Chuck Levin's Washington Music Center has been the one stop dealer for music educators all
over the country; specializing in all band and orchestral instruments, guitars, drums, keyboards, home and live
sound equipment and all the neccesary accessories. For your special, discounted quotes, please email us at
bids@chucklevins.com or call our School and Government Sales Specialists 301-946-8808
6 Primary Contact Name
Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of
the contract.
Trey Smith
7 Primary Contact Title
Primary Contact Title
Bid Specialist
8 Primary Contact Email
Please enter a valid email address that will definitely reach the Primary Contact.
bids@chucklevins.com
9 Primary Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
Please provide the accurate and current phone number where the individual who will be primarily responsible for all
TIPS matters and inquiries for the duration of the contract can be reached directly.
3019468808
Page 5 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
1 Primary Contact Fax
0 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
3019460487
1 Primary Contact Mobile
1 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
No response
1 Secondary Contact Name
2 Please identify the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration
of the contract.
Melody O'Neil
1 Secondary Contact Title
3 Secondary Contact Title
Bid Manager
1 Secondary Contact Email
4 Please enter a valid email address that will definitely reach the Secondary Contact.
melodyo@chucklevins.com
1 Secondary Contact Phone
5 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
Please provide the accurate and current phone number where the individual who will be secondarily responsible
for all TIPS matters and inquiries for the duration of the contract can be reached directly.
3019468808
1 Secondary Contact Fax
6 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
3019460487
1 Secondary Contact Mobile
7 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
No response
1 Administration Fee Contact Name
8 Please identify the individual who will be responsible for all payment, accounting, and other matters related to
Vendor's TIPS Administration Fee due to TIPS for the duration of the contract.
Brenda Clark
1 Administration Fee Contact Email
9 Please enter a valid email address that will definitely reach the Administration Fee Contact.
bids@chucklevins.com
Page 6 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
2 Administration Fee Contact Phone
0 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
3019468808
2 Purchase Order and Sales Contact Name
1 Please identify the individual who will be responsible for receiving and processing purchase orders and sales under
the TIPS Contract.
Brenda Clark
2 Purchase Order and Sales Contact Email
2 Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact.
bids@chucklevins.com
2 Purchase Order and Sales Contact Phone
3 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
3019468808
2 Company Website
4 Company Website (Format - www.company.com)
www.chucklevins.com
2 Entity D/B/A's and Assumed Names
5 You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier
Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9.
In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be
identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with
TIPS after award.
Washington Music Sales Center, Inc
2 Primary Address
6 Primary Address
11151 Veirs Mill Rd
2 Primary Address City
7 Primary Address City
Wheaton
2 Primary Address State
8 Primary Address State (2 Digit Abbreviation)
MD
2 Primary Address Zip
9 Primary Address Zip
20902
Page 7 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
3 Search Words Identifying Vendor
0 Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list
words which are not associated with the bid category/scope (See bid title for general scope). This will help users
find you through the TIPS website search function. You may include product names, manufacturers, specialized
services, and other words associated with the scope of this solicitation.
"Di Boxes" "Digital Mixer" "Drum Kits" "Gig Bags" "Head Phones" "Instrument Bag" "Music Stand" "Pre Amps"
"Sound Monitor" Acoustic Drum Acoustic Guitars Amplifiers Attenuators Simulators Audio Audio Interfaces Audio
Recorders Audio Recording Audio-Music-Recording Software Audiovisual Bagpipe Bags Band Instruments
Baritone Baritone Horns Bass Amplifiers Bass Drums Bass Guitar Bass Guitars Bassoon Bassoons Boundary Mic
Brass Instruments Bubble Confetti Fog Bugles Cables Adapters Camera Microphones Cases Covers Cello Clarinet
Clarinets Classical Guitar Color Wash Lights Compressors Limiters Concert Marching Concert-Marching
Percussion Condenser Microphones Controller Keyboards Cornet Cornets Coronet Cymbal Cymbals Daw
Didgeridoo Drum Accessories Drum Hardware Drum Head Drum Heads Drum Microphone Drum Sticks Drums
Drums-Percussion Dynamic Mic-Microphones Effect Pedal Effects Lasers Effects-Lasers Strobes Electric Guitars
Electronic Drum Electronic Percussion Electronic-Wind Instruments English Horns Eq Euphonium Euphoniums
Floor Tom Flugel Horns Flugelhorns Flute Flutes Folk Instrument Folk Instruments French Horn French Horns
Furniture Acoustics Gongs Guitar Guitar Amplifiers Guitar Pickups Harmonica Head Set Headphone Headphones
Headset Horn Installed-Hanging Microphones Instrument Cases Instrument Covers Instruments Instruments WIDE
Ipad-Iphone Mic-Microphones Keyboards Kit Component Drums Lavalier MA Marching Brass Marimba Mellophone
Mellophones Metronome Microphone Microphone Capsules Microphone Stands Microphones Midi Controllers
Mixers Consoles Modular Mouthpieces Ligatures Music Instruments Music Stands Musical Accessories Musical
Equipment Musical Instruments Oboes Orchestra Orchestral Instruments Outboard Gear Patch Bays Patchbays
Pedal Power Pedals Effects Percussion Percussion Instruments Pianos Platform Podcasting Streaming Preamps
Pro Audio Racks Recorders Ribbon Mic-Microphones Saxophone Saxophones Sheet Music Shotgun Mic-
Microphones Shure Shure- W/DocSearch Sibelius Snare Drums Sousaphones Specialty Lights Spot Lights
Spotlights Stages Truss Sticks Brushes Sticks Mallets Sticks-Brushes Mallets Straps String Instruments Studio
Monitors Synthesizers Tambourine Timpani Trombone Trombones Trumpet Trumpets Tuba Tubas Tuner Ukulele
Usb Microphones Vibraphone Viola Violin Woodwind World Handheld Xylophone
3 Certification of Vendor Residency (Required by the State of Texas)
1 Does Vendor's parent company or majority owner:
(A) have its principal place of business in Texas; or (B) employ at least 500 persons in Texas?
Texas Education Code Section 44.031 requires that this information be considered in evaluation for certain
contracts. However, Vendor response does not affect points, scoring, or potential award.
No
3 Vendor's Principal Place of Business (City)
2 In what city is Vendor's principal place of business located?
Wheaton
3 Vendor's Principal Place of Business (State)
3 In what state is Vendor's principal place of business located?
MD
3 Vendor's Years in Business
4 How many years has the business submitting this proposal been operating in its current capacity and field of work?
66
Page 8 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
3 Certification Regarding Entire TIPS Agreement
5 Vendor agrees that, if awarded, Vendor's final TIPS Contract will consist of the provisions set forth in the finalized
TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document
resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All
solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal
response to the TIPS solicitation including all accepted required attachments, acknowledged notices and
certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written
clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract.
Does Vendor agree?
Yes, Vendor agrees
3 Minimum Percentage Discount Offered to TIPS Members on all Goods and Services (READ
6 CAREFULLY)
Please read thoroughly and carefully as an error on your response can render your contract award
unusable.
TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing.
What is the minimum percentage discount that you can offer TIPS Members off of all goods and service
pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you
offer? Only limited goods/services specifically identified and excluded from this discount in Vendor’s
original proposal may be excluded from this discount.
Vendor must respond with a percentage from 0%-100%. The percentage discount that you input below will be
applied to your "Catalog Pricing", as defined in the solicitation, for all TIPS Sales made during the life of the
contract. You cannot alter this percentage discount once the solicitation legally closes. You will always be required
to discount every TIPS Sale by the percentage included below with the exception of limited goods/services
specifically identified and excluded from this discount in Vendor’s original proposal. If you add goods or services to
your "Catalog Pricing" during the life of the contract, you will be required to sell those new items with this discount
applied.
Example: In this example, you enter a 10% minimum percentage discount below. In year-one of your TIPS
Contract, your published "Catalog Pricing" (website/store/published pricing) for "Tablet A" is $100 and for "Tablet
Set-Up Service" is $100. In this example, you must sell those items under the TIPS Contract at the proposed 10%
discounted price of: "Tablet A" - $90, "Tablet Set-Up Service" - $90. In year two of your TIPS Contract, you update
your "Catalog Pricing" with the market. You add "Tablet B" to your "Catalog Pricing" for $200 and have increased
the price of "Tablet A" to $110 and the price of "Tablet Set-Up Service" to $110. In this example, after the "Catalog
Pricing" update, you must still sell those items under the TIPS Contract at the proposed 10% discounted price
of: "Tablet A" - $99, "Tablet Set-Up Service" - $99, and "Tablet B" - $180.00.
With the exception of limited goods/services specifically identified and excluded from this discount in Vendor’s
original proposal, if you cannot honor the discount on all goods and items now included or which may be added in
the future with certainty, then you should offer a lesser discount percentage below.
What is the minimum percentage discount that you can offer TIPS Members off of all goods and service
pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you
offer?
10%
Page 9 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
3 Honoring Vendor's Minimum Percentage Discount
7 Vendor is asked in these Attribute Questions to provide a Minimum Percentage Discount offered to TIPS Members
on all goods and services sold under the TIPS Contract. Points will be assigned for your response and scoring of
your proposal will be affected. A "YES" answer will be awarded the maximum 10 points and a "NO" answer will be
awarded 0 points.
Does Vendor agree to honor the Minimum Percentage Discount off of their TIPS "Catalog Pricing" that Vendor
proposed for all TIPS Sales made for the duration of the TIPS Contract?
Yes, Vendor agrees
3 Volume and Additional Discounts
8 In addition to the Minimum Percentage Discount proposed herein, does Vendor ever expect and intend to offer
additional, greater, or volume discounts to TIPS Members?
Point(s) may be assigned for your response in the category of "Pricing" during scoring and evaluation.
Yes
3 "Catalog Pricing" and Pricing Requirements
9 This is a requirement of the TIPS Contract and is non-negotiable.
In this solicitation and resulting contract, "Catalog Pricing" shall be defined as:
"The then available list of goods or services, in the most current listing regardless of date, that takes the form of a
catalog, price list, price schedule, shelf-price or other viewable format that:
A. is regularly maintained by the manufacturer or Vendor of an item; and
B. is either published or otherwise available for review by TIPS or a customer during the purchase process;
C. to which the Minimum Percentage Discount proposed by the proposing Vendor may be applied.
If awarded on this TIPS Contract, for the duration of the contract, Vendor agrees to provide, upon request, their
then current "Catalog Pricing." Or, in limited circumstances where Vendor has proposed the Percentage Mark-Up
method of pricing in this proposal, proof of Vendor's "cost" may be accepted by TIPS in place of catalog pricing.
YES
Page 10 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
4 EXCEPTIONS & DEVIATIONS TO TIPS STANDARD TERMS AND CONDITIONS
0 Vendor agrees that, if awarded, Vendor's final TIPS Contract will consist of the provisions set forth in the finalized
TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document
resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All
solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal
response to the TIPS solicitation including all accepted required attachments, acknowledged notices and
certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written
clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract. In the event of
conflict between the terms of the finalized Vendor Agreement and one of the incorporated documents the terms and
conditions which are in the best interest of governmental/qualifying non-profit TIPS Members shall control at TIPS
sole discretion.
If Vendor responds, "No, Vendor does not agree" to this Attribute, after this solicitation legally closes and TIPS
begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor
Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. This
is the only proper way to submit proposed deviations for TIPS consideration. TIPS reserves the right to accept,
decline, or modify Vendor's requested negotiated terms. For this reason, answering "No, Vendor does not agree"
may ultimately delay or prevent award.
Does Vendor agree with TIPS standard terms and conditions as presented in the TIPS solicitation document (RFP,
RCSP, RFQ, or other) and the TIPS Vendor Agreement document?
Yes, Vendor agrees
4 TIPS Sales Reporting Requirements
1 This is a requirement of the TIPS Contract and is non-negotiable.
By submitting this proposal, Vendor certifies that Vendor will properly report all TIPS sales. With the exception of
TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales
must be reported to TIPS by either:
(1) Emailing the purchase order or similar purchase document (with Vendor’s Name, as known to TIPS, and the
TIPS Contract Name and Number included) to TIPS at tipspo@tips-usa.com with “Confirmation Only” in the subject
line of the email within three business days of Vendor’s acceptance of the order, or;
(2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and
successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up
accurately on your current Vendor Portal statement.
No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales
pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole
discretion.
4 TIPS Administration Fee Requirement and Acknowledgment
2 This is a requirement of the TIPS Contract and is non-negotiable.
The collection of fees by TIPS, a government entity, for performance of these procurement services is required
pursuant to Texas Government Code Section 791.011 et. seq. The TIPS Administration Fee is the amount legally
owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set
percentage of each TIPS Sale legally due to TIPS, but the exact TIPS Administration Fee for this Contract is
published in the corresponding RFP or RCSP document. TIPS Administration Fees are due to TIPS immediately
upon Vendor’s receipt of payment, including partial payment, for a TIPS Sale.
By submitting a proposal, Vendor agrees that it has read, understands, and agrees to the published TIPS
Administration Fee amount, calculation, and payment requirements. By submitting a proposal Vendor further
confirms that all TIPS Pricing includes the TIPS Administration Fee and Vendor will not show adding the TIPS
Administration Fee as a charge or line-item in any TIPS Sale.
Page 11 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
4 TIPS Member Access to Vendor Proposal & Documentation
3 This is a requirement of the TIPS Contract and is non-negotiable.
Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation
as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s express consent to the
disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to
TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or
distribution of information or documentation to TIPS Members or by TIPS Members. By submitting this proposal,
Vendor certifies the foregoing.
4 Non-Collusive Bidding Certificate
4 This is a requirement of the TIPS Contract and is non-negotiable.
By submission of this proposal, the Vendor certifies that:
1) This proposal has been independently arrived at without collusion with any other entity, bidder, or with any
competitor;
2) This proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids,
or proposals for this project, to any other bidder, competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to modify, submit, or
not to submit a bid or proposal; and
4) The person signing this bid or proposal certifies that they are duly authorized to execute this proposal/contract
on behalf of Vendor and they have fully informed themselves regarding the accuracy of the statements contained in
this certification, and under the penalties being applicable to the bidder as well as to the person signing in its
behalf;
4 Antitrust Certification Statements (Tex. Government Code § 2155.005)
5 This is a requirement of the TIPS Contract and is non-negotiable.
By submission of this bid or proposal, Vendor certifies under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this proposal/contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Vendor) identified herein;
(2) In connection with this proposal, neither I nor any representative of Vendor has violated any provision of the
Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this proposal, neither I nor any representative of the Vendor has violated any federal antitrust
law;
(4) Neither I nor any representative of Vendor has directly or indirectly communicated any of the contents of this bid
to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the
same line of business as the Company.
4 Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272
6 This is a requirement of the TIPS Contract and is non-negotiable.
Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or
affecting the construction contract, from containing a provision making the contract or agreement, or any conflict
arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or
arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party
obligated by the contract or agreement to perform the work.
By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract
with a Texas TIPS Member under this procurement, Vendor certifies compliance.
Page 12 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
4 Required Confidentiality Claim Form
7 This is a requirement of the TIPS Contract and is non-negotiable.
TIPS provides the required TIPS Confidentiality Claim Form in the "Attachments" section of this solicitation. Vendor
must execute this form by either signing and waiving any confidentiality claim, or designating portions of Vendor's
proposal confidential. If Vendor considers any portion of Vendor's proposal to be confidential and not subject to
public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s) and orders, Vendor must have
identified the claimed confidential materials through proper execution of the Confidentiality Claim Form.
If TIPS receives a public information act or similar request, any responsive documentation not deemed confidential
by you in this manner will be automatically released. For Vendor documents deemed confidential by you in this
manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be
liable for any release of information required by law, including Attorney General determination and opinion.
Notwithstanding any other Vendor designation of Vendor's proposal as confidential or proprietary, Vendor’s
submission of this proposal constitutes Vendor’s agreement that proper execution of the required TIPS
Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential.
4 Non-Discrimination Statement and Certification
8 This is a requirement of the TIPS Contract and is non-negotiable.
In accordance with Federal civil rights law, all U.S. Departments, including but not limited to the USDA, USDE, FEMA,
are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a
public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or
activity conducted or funded by federal funds (not all bases apply to all programs).
Vendor certifies that Vendor will comply with applicable Non-Discrimination and Equal Opportunity provisions set
forth in TIPS Member Customers’ policies and other regulations at the local, state, and federal levels of
governments.
Yes, I certify
4 Limitation of Vendor Indemnification and Similar Clauses
9 This is a requirement of the TIPS Contract and is non-negotiable.
TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the
State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas
Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent
jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of
the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity
creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which
require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any
applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and
Laws of the State of Texas."
Does Vendor agree?
Yes, I Agree
Page 13 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
5 Alternative Dispute Resolution Limitations
0 This is a requirement of the TIPS Contract and is non-negotiable.
TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the
State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be
permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement,
except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding
mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the
filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus
County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of
Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the
Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of
Texas.
Does Vendor agree?
Yes, Vendor agrees
5 No Waiver of TIPS Immunity
1 This is a requirement of the TIPS Contract and is non-negotiable.
Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity;
nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities
available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the
enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service
Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such
privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.
Does Vendor agree?
Yes, Vendor agrees
5 Payment Terms and Funding Out Clause
2 This is a requirement of the TIPS Contract and is non-negotiable.
Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due
balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member.
Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to
Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any
TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and
appropriation of currently available funds by the entity or its governing body.
Does Vendor agree?
Yes, Vendor agrees
5 Certification Regarding Prohibition of Certain Terrorist Organizations (Tex. Gov. Code 2270)
3 Vendor certifies that Vendor is not a company identified on the Texas Comptroller’s list of companies known to have
contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist
Organization by the U.S. Secretary of State.
Does Vendor certify?
Yes, Vendor certifies
Page 14 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
5 Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271)
4 If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement or any agreement with a TIPS Member under this procurement has value of $100,000 or more, the
following certification shall apply; otherwise, this certification is not required. Vendor certifies, where applicable, that
neither the Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any, boycotts Israel, and Vendor
agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes
of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory but does
not include an action made for ordinary business purposes.
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov.
5 Code 2274)
Certain public entities are prohibited from entering into a contract or other agreement relating to critical
infrastructure that would grant Vendor direct or remote access to or control of critical infrastructure in this state,
excluding access specifically allowed by a customer for product warranty and support purposes.
Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned
by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are
citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including
governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China,
Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a
designated country.
For purposes of this certification, “critical infrastructure” means “a communication infrastructure system,
cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” Vendor certifies
that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty
and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned,
controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the
Governor.
When applicable, does Vendor certify?
Yes, Vendor certifies
Page 15 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
5 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex.
6 Gov. Code 2274)
If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; and (c) this
Agreement or any Supplemental Agreement with certain public entities have a value of at least $100,000 that is
paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov. Code 2274 and (e) the
purchasing public entity has determined that Vendor is not a sole-source provider or the purchasing public entity
has not received any bids from a company that is able to provide this written verification, the following certification
shall apply; otherwise, this certification is not required.
Vendor certifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited
liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary
parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of this contract against a firearm entity or firearm trade association.
For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with
respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or
association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an
existing business relationship with the entity or association based solely on its status as a firearm entity or firearm
trade association; or (3) terminate an existing business relationship with the entity or association based solely on its
status as a firearm entity or firearm trade association.”
“Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies
of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm
accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from
continuing an existing business relationship, or decision to terminate an existing business relationship to comply
with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional
business reason that is specific to the customer or potential customer and not based solely on an entity’s or
association’s status as a firearm entity or firearm trade association.”
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374)
7 If Vendor is not a governmental body and (a) this Agreement or any Supplemental Agreement with a public entity
has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by certain public
entities; or (b) this Agreement or any Supplemental Agreement results in the expenditure of at least $1 million in
public funds for the purchase of goods or services by certain public entities in their fiscal year, the following
certification shall apply; otherwise, this certification is not required.
As required by Tex. Gov. Code 552.374, the following statement is included in the RFP and the Agreement (unless
the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral
on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements
of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and Agreement and the Vendor
agrees that this Agreement and any applicable Supplemental Agreement can be terminated if Vendor knowingly or
intentionally fails to comply with a requirement of that subchapter.”
Pursuant to Chapter 552 of the Texas Government Code, Vendor certifies that Vendor shall: (1) preserve all
contracting information related to this Agreement as provided by the records retention requirements applicable to
TIPS or the purchasing TIPS Member for the duration of the Agreement; (2) promptly provide to TIPS or the
purchasing TIPS Member any contracting information related to the Agreement that is in the custody or possession
of Vendor on request of TIPS or the purchasing TIPS Member; and (3) on completion of the Agreement, either (a)
provide at no cost to TIPS or the purchasing TIPS Member all contracting information related to the Agreement that
is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as
provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member.
When applicable, does Vendor certify?
Yes, Vendor certifies
Page 16 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
5 Certification Regarding Prohibition of Boycotting Certain Energy Companies (Tex. Gov. Code 2274)
8 If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement or any Supplemental Agreement with certain public entities has a value of $100,000 or more that is to
be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not
required.
Vendor certifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate
of these entities or business associations, if any, do not boycott energy companies and will not boycott energy
companies during the term of the Agreement or any applicable Supplemental Agreement.
For purposes of this certification the term “company” shall mean an organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to
make a profit.
The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with,
terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or
limit commercial relations with a company because the company (a) engages in the exploration, production,
utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet
environmental standards beyond applicable federal and state law, or (b) does business with a company described
by paragraph (a).” (See Tex. Gov. Code 809.001).
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Felony Conviction Notice - Texas Education Code 44.034
9 Texas Education Code, 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 an 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.”
Subsection (c) states, "This section does not apply to a publicly held corporation.
Vendor certifies one of the following:
A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable, or;
B. My firm is not owned nor operated by anyone who has been convicted of a felony, or;
C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.
If Vendor responds with Option (C), Vendor is required to provide information in the next attribute.
B. My firm is not owned nor operated by felon.
Page 17 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
6 Felony Conviction Notice - Texas Education Code 44.034 - Continued
0 If Vendor selected Option (C) in the previous attribute, Vendor must provide the following information herein:
1. Name of Felon(s)
2. The Felon(s) title/role in Vendor's entity, and
3. Details of Felon(s) Conviction(s).
No response
6 Conflict of Interest Questionnaire Requirement
1 Vendor agrees that it has looked up, read, and understood the current version of Texas Local Government Code
Chapter 176 which generally requires disclosures of conflicts of interests by Vendor hereunder if Vendor:
(1) has an employment or other business relationship with a local government officer of our local governmental
entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of our local governmental entity, or a family member of the officer, one or
more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section
176.003(a-1); or
(3) has a family relationship with a local government officer of our local governmental entity.
(4) Any other financial, commercial, or familial relationship with our local government that may warrant reporting
under this statute.
Does Vendor certify that it has NO reportable conflict of interest?
Yes, Vendor certifies - VENDOR HAS NO CONFLICT
6 Conflict of Interest Questionnaire Requirement - Form CIQ - Continued
2 If you responded "No, Vendor does not certify - VENDOR HAS CONFLICT" to the Conflict of Interest Questionnaire
question above, you are required by law to fully execute and upload the form attachment entitled "Conflict of
Interest Questionnaire - Form CIQ." If you accurately claimed no conflict above, you may disregard the form
attachment entitled "Conflict of Interest Questionnaire - Form CIQ."
Have you uploaded this form if applicable?
Not Applicable
6 Upload of Current W-9 Required
3 Vendors are required by TIPS to upload a current, accurate W-9 Internal Revenue Service (IRS) Tax Form for your
entity. This form will be utilized by TIPS to properly identify your entity.
You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier
Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9.
6 Regulatory Good Standing Certification
4 Does Vendor certify that its entity is in good standing will all government entities and agencies, whether local, state,
or federal, that regulate any aspect of Vendor's field of work or business operations?
If Vendor selects "No", Vendor must provide explanation on the following attribute question.
Yes, Vendor certifies
Page 18 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
6 Regulatory Good Standing Certification - Explanation - Continued
5 If Vendor responded to the prior attribute that "No", Vendor is not in good standing, Vendor must provide an
explanation of that lack of good standing here for TIPS consideration.
No response
6 Instructions Only - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
6 Instructions for Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is
providing the certification set out herein in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification in addition to other remedies available to the federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and / or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,”
“participants,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in
this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the
federal government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and / or debarment.
Page 19 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
6 Suspension or Debarment Certification
7 Read the instructions in the attribute above and then answer the following accurately.
Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
Does Vendor certify?
Yes, Vendor certifies
6 Vendor Certification of Criminal History - Texas Education Code Chapter 22
8 Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain
criminal history record information regarding covered employees. Contractors must certify to the district that they
have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school
district pursuant to this law.
DEFINITIONS
Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related
to the service to be performed at the District and have or will have direct contact with students. The District will be
the final arbiter of what constitutes direct contact with students.
Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or
one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a)
a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a
sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law
or the laws of another state.
Vendor certifies:
NONE (Section A): None of the employees of Vendor and any subcontractors are covered employees, as defined
above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure
that the employees of Vendor and any subcontractor will not become covered employees. Contractor will maintain
these precautions or conditions throughout the time the contracted services are provided under this procurement.
OR
SOME (Section B): Some or all of the employees of Vendor and any subcontractor are covered employees. If this
box is checked, I further certify that: (1) Vendor has obtained all required criminal history record information
regarding its covered employees. None of the covered employees has a disqualifying criminal history; (2) If Vendor
receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately
remove the covered employee from contract duties and notify the purchasing entity in writing within 3 business
days; (3) Upon request, Vendor will provide the purchasing entity with the name and any other requested
information of covered employees so that the purchasing entity may obtain criminal history record information on
the covered employees; (4) If the purchasing entity objects to the assignment of a covered employee on the basis
of the covered employee's criminal history record information, Vendor agrees to discontinue using that covered
employee to provide services at the purchasing entity.
Which option does Vendor certify?
Yes, I certify - NONE (Section A)
Page 20 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
6 Certification Regarding "Choice of Law" Terms with TIPS Members
9 Vendor agrees that if any "Choice of Law" provision is included in any sales agreement/contract between Vendor
and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the sales agreement/contract
between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member
expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Choice of Law" clause that
conflicts with these terms is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Venue" Terms with TIPS Members
0 Vendor agrees that if any "Venue" provision is included in any sales agreement/contract between Vendor and a
TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution is shall be
in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any
TIPS Sale Supplemental Agreement containing a "Venue" clause that conflicts with these terms is rendered void and
unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Automatic Renewal" Terms with TIPS Members
1 Vendor agrees that no TIPS Sale may incorporate an "Automatic Renewal" clause that exceeds month to month
terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental
Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the
renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS
Member inadvertently renewing a Supplemental Agreement during a period in which the governing body of the TIPS
Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale
Supplemental Agreement containing an "Automatic Renewal" clause that conflicts with these terms is rendered void
and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
Page 21 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
7 Certification Regarding "Indemnity" Terms with TIPS Members
2 Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if
any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any sales
agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by
including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS
Member's State]" unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement
containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Arbitration" Terms with TIPS Members
3 Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor
and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if
any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member,
that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees
otherwise. Any TIPS Sale Supplemental Agreement containing a “Arbitration” clause that conflicts with these terms
is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 2 CFR PART 200 AND FEDERAL CONTRACT PROVISIONS EXPLANATION
4 TIPS and TIPS Members will sometimes seek to make purchases with federal funds. In accordance with 2 C.F.R.
Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(sometimes referred to as “EDGAR”),Vendor's response to the following questions labeled "2 CFR Part 200 or
Federal Provision" will indicate Vendor's willingness and ability to comply with certain requirements which may be
applicable to TIPS purchases paid for with federal funds, if accepted by Vendor.
Your responses to the following questions labeled "2 CFR Part 200 or Federal Provision" will dictate whether TIPS
can list this awarded contract as viable to be considered for a federal fund purchase. Failure to certify all
requirements labeled "2 CFR Part 200 or Federal Provision" will mean that your contract is listed as not
viable for the receipt of federal funds. However, it will not prevent award.
If you do enter into a TIPS Sale when you are accepting federal funds, the contract between you and the TIPS
Member will likely require these same certifications.
Page 22 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
7 2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds
5 This certification is not required by federal law. However, TIPS Members are public entities and qualifying non-
profits which often receive federal funding and grants (ESSER, CARES Act, EDGAR, etc.) Accepting such funds
often requires additional required certifications and responsibilities for Vendor. The following attribute
questions include these required certifications. Your response to this questions, the following certifications, and
other factors will determine whether your contract award will be deemed as eligible for federal fund expenditures by
TIPS Members.
If awarded, is Vendor willing to accept payment for goods and services offered under this contract paid for by a
TIPS Member with federal funds?
Yes
7 2 CFR Part 200 or Federal Provision - Contracts
6 Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR § 200.320), which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region
8 and TIPS Members reserve all rights and privileges under the applicable laws and regulations with respect to this
procurement in the event of breach of contract by either party.
Does vendor agree?
Yes, Vendor agrees
7 2 CFR Part 200 or Federal Provision - Termination
7 Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement
process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach
of terms and conditions. ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess
of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded
vendor. The Vendor would be compensated for work performed and goods procured as of the termination date if for
convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive
and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in
the best interest of the ESC Region 8 and TIPS.
Does vendor agree?
Yes, Vendor agrees
Page 23 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
7 2 CFR Part 200 or Federal Provision - Clean Air Act
8 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members require that the proposer certify that during the term of an award by the ESC
Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the
above regulations, including all of the terms listed and referenced therein.
Does vendor agree?
Yes, Vendor agrees
7 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment
9 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members require the proposer certify that during the term and during the life of any contract with ESC Region
8 and TIPS Members resulting from this procurement process the vendor certifies that it is in compliance with all
applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
Does Vendor agree?
Yes, Vendor agrees
Page 24 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
0
Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds
Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by
the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal
contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,”
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall
certify and disclose accordingly.
Does Vendor certify that it has NOT lobbied as described herein?
Yes, Vendor certifies - NO Reportable Lobbying
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
1 If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must
download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form -
LLL", as instructed, to report the lobbying activities you performed or paid others to perform.
8 2 CFR Part 200 or Federal Provision - Federal Rule
2 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of
amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify compliance?
Yes, Vendor certifies
Page 25 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
8 2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials
3 A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2)
procuring solid waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
Does vendor certify that it is in compliance with these provisions?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Rights to Inventions
4 If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that
during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable
requirements as referenced in the Federal rule above.
Does vendor certify?
Yes, Vendor certifies
Page 26 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
8 2 CFR Part 200 or Federal Provision - Domestic Preferences for Procurements and Compliance with
5 Buy America Provisions
As appropriate and to the extent consistent with law, TIPS Member Customers, to the greatest extent practicable
under a Federal award, may provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). Vendor agrees that the requirements of this section will be included in all subawards
including all contracts and purchase orders for work or products under this award, to the greatest extent practicable
under a Federal award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and
steel products, that all manufacturing processes, from the initial melting stag through the application of coatings,
occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means
items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and
polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber,
and lumber.
Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act. Purchases made in
accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open
competition. For purposes of 2 CFR Part 200.322,
“Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the United States.
“Manufactured products” means items and construction materials composed in whole or in part of non-ferrous
metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products).
Does Vendor Certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Ban on Foreign Telecommunications
6 ESC 8 and TIPS Members are prohibited from obligating or expending Federal financial assistance, to include loan
or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a
contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that use “covered
telecommunications” equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. “Covered telecommunications” equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and
physical security surveillance of critical infrastructure and other national security purposes, and video surveillance
and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the
purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and
other national security purposes detailed in 2 CFR § 200.216.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
that Vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined
by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
Does vendor certify?
Yes, Vendor certifies
Page 27 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
8 2 CFR Part 200 or Federal Provision - Contract Cost & Price
7 For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very
rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R.
200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member
regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the
Vendor shall not exceed the Vendor’s TIPS pricing and pricing terms proposed.
Does Vendor certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Equal Employment Opportunity
8 Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract”
in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at
41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally
assisted construction contract, the equal
opportunity clause is incorporated by reference here.
Does Vendor Certify?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Davis Bacon Act Compliance
9 Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less
than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from
inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
Pursuant to state and federal requirements, Vendor certifies that it will be in compliance with all applicable Davis-Bacon
Act provisions if/when applicable.
Does Vendor certify?
Yes, Vendor certifies
Page 28 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
9 2 CFR Part 200 or Federal Provision - Contract Work Hours and Safety Standards
0 Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must
be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that
during the term of an award for all contracts resulting from this procurement process, Vendor will be in compliance
with all applicable provisions of the Contract Work Hours and Safety Standards Act.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records
1
If and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to and rights to reproduce any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract, or any contract resulting from
this procurement, for the purposes of making audits, examinations, excerpts, and transcriptions. This right also
includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating
to such documents. Vendor agrees to provide the FEMA Administrator or an authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges
and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or
internal reviews by the FEMA Administrator or the Comptroller General of the United States.
(2) The Vendor shall not use the Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA pre-approval.
(3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the
non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
(5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Vendor’s actions pertaining to this contract.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and
2 Conservation Act
When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any state mandatory standards and policies
relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance
with the Act.
Does Vendor certify?
Yes, Vendor certifies
Page 29 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy
3 Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $50,000.00, within the period of
performance, and which are performed outside of the United States, including U.S. territories, are subject to the
regulations implementing Never Contract with the Enemy in 2 CFR part 183. Per 2 CFR part 183, in the situation
specified, ESC 8 and TIPS Members shall terminate any contract or agreement resulting from this procurement
which violates the Never Contract with the Enemy regulation in 2 CFR part 183, including if Vendor is actively
opposing the United States or coalition forces involved in a contingency operation in which members of the the
Armed Forces are actively engaged in hostilities. Vendor certifies that it is neither an excluded entity under the
System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS)
for any contract terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with EPA Regulations
4 For contracts resulting from this procurement, in excess of $100,000.00 and paid for with federal funds, Vendor
certifies that Vendor will comply with all applicable standards, orders, regulations, and/or requirements issued
pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as
amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part
15.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Record Retention Requirements
5 For contracts resulting from this procurement, paid for by ESC 8 or TIPS Members with federal funds, Vendor
certifies that Vendor will comply with the record retention requirements detailed in 2 CFR § 200.334. Vendor certifies
that Vendor will retain all records as required by 2 CFR § 200.334 for a period of three years after final expenditure or
financial reports, as applicable, and all other pending matters are closed.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Subcontracting and Affirmative Steps for Small and Minority
6 Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful?
If you respond "Yes", you must respond to the following attribute question accurately. If you respond "No", you may
skip the following attribute question.
NO
Page 30 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
9 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued -
7 Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business
Enterprises, and Labor Surplus Area Firms.
Only respond to this question if you responded "Yes" to the attribute question directly above. Skip this
question if you responded "No" to the attribute question directly above.
Does Vendor certify that it will follow the following affirmative steps? Federal Regulation 2 CFR §200.321
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The
non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration
and the Minority Business Development Agency of the Department of Commerce ; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)
through (5) of this section.
Does Vendor certify?
No response
9 ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY
8 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by
Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on
behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers.
Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not
limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s).
Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this
solicitation.
Page 31 of 31 pages Vendor: WASHINGTON MUSIC SALES 240302
CENTER, INC.
TIPS 240302 Music
Washington Music
Instruments, Sheet Music, and
Sales Center, Inc
Repair
TIPS REFERENCE FORM
All requested information must be typed and uploaded in Excel format. Do not handwrite or upload in any
format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees
as a reference. The entities that you provide must be paying customers, not
affiliates/partners/manufacturers/resellers etc
You must provide below at least three (3) references from three different entity customers, preferably
government or non-profit entities, who have purchased goods or services from your vendor entity within the last
three years
Valid Contact
Customer Entity Name Customer Contact Name Valid Contact Email Phone
Example: ABC University Director John Doe jdoe@abcuniverisity.edu 800-111- 2222
CARROLLTON-FARMERS BRANCH ISD BRETT FARR farrb@cfbisd.edu 972-968-5690
FORT WORTH ISD DICK CLARDY dick.clardy@fwisd.org 817-817-2640
LEANDER ISD PETER WARSAW Peter.Warsaw@leanderisd.org 512-434-0161
LEWISVILLE ISD AMANDA DRINKWATER drinkwatera@lisd.net 972-350-4715
MCALLEN ISD JIM EGGER jim.egger@mcallenisd.net 956-618-6000
FAIRFAX COUNTY PUBLIC SCHOOLS KATRINA CHANEY kdchaney@fcps.edu 571-423-4538
ANTIOCH UNIFIED SCHOOL DISTRICT TED HOPE Ted.Hope@sdhc.k12.fl.us 813-272-4822
BROWNSVILLE ISD DIANA AVENDANO davendano@bisd.us 956-968-0190
VENDOR SUPPLEMENTAL INFORMATION
TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their
proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for
marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information
herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are
applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or
certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase.