2-4. Exhibit 2 TDCJ Required Clauses.pdf

Exhibit J.2

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Texas Department of Criminal Justice Required Contract Clauses

In this document, the terms Contractor and Vendor, when referring to the following affirmations (whether framed as certifications, representations, warranties, or in other terms) refer to Respondent, and the affirmations apply to all Respondents regardless of their business form (e.g., individual, partnership, corporation).

Respondent represents and warrants all certifications, representations, warranties, and other provisions in this Affirmations and Solicitation Acceptance apply to Respondent and all of Respondent's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Solicitation or any Contract resulting from this Solicitation.

Respondent must provide information, as applicable, and affirms, without exception, as follows:

1. Abortion Funding Limitation. Respondent represents and warrants that the contract is not a taxpayer resource transaction prohibited by Section 2273.003 of the Texas Government Code and that payments made by Agency to Respondent and Respondent’s receipt of appropriated funds under the contract are not prohibited by Article IX, Section 6.24 of the General Appropriations Act. Respondent and Respondent’s receipt of appropriated funds under the contract are not prohibited by Article IX, Section 6.24 of the General Appropriations Act.

2. Antitrust Affirmation. The undersigned affirms under penalty of perjury of the laws of the State of Texas that (a) in connection with this Response, neither I nor any representative of the Respondent has violated any provision of the Texas Free Enterprise and Antitrust Act, Texas Business and Commerce Code, Chapter 15; (b) in connection with this Response, neither I nor any representative of the Respondent has violated any federal antitrust law; and (c) neither I nor any representative of the Respondent has directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

3. Artificial Intelligence Disclosure. Respondent certifies that its Response discloses each artificial intelligence system it may use to complete any deliverable or a portion of any deliverable under the Contract. “Artificial intelligence system” means a machine-based system that for explicit or implicit objectives infers from provided information a method to generate outputs, such as predictions, content, recommendations, or decisions, to influence a physical or virtual environment with varying levels of autonomy and adaptiveness after deployment. Respondent promises not to use an artificial intelligence system to perform the Contract without the prior written consent of the Agency.

4. Assignment. Respondent shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the TDCJ. Any attempted assignment in violation of this provision is void and without effect.

5. Buy Texas Affirmation. Respondent agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts.

6. Child Support Obligation Affirmation. Under Section 231.006(d) of the Texas Family Code regarding child support, Respondent certifies the individual or business entity named in this Response is not ineligible to receive the specified payment and acknowledges the Contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any Respondent subject to Section 231.006 of the Texas Family Code, must include in the Response the names and social security numbers of each person with at least 25% ownership of the business entity submitting the Response. Enter name and social security numbers for each person. This information must be provided prior to Contract award.

Name:

SSN:

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FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of requested social security numbers is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The social security numbers will be used to identify persons that may owe child support and will be kept confidential to the fullest extent permitted by law. If submitted by email, Responses containing social security numbers must be encrypted. Failure by a Respondent to provide or encrypt the social security numbers as required may result in disqualification of the Respondent's Response.

7. Computer Equipment Recycling Program. If Respondent is submitting a Response for the purchase or lease of computer equipment, then Respondent certifies it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

8. Confidentiality. Any confidential information provided to or developed by the Contractor in the performance of the Contract shall be kept confidential, unless otherwise provided by law, and shall not be made available to any individual or organization by the Contractor or the Department without prior approval of the other party.

9. Contract Administration. Respondent shall recognize the TDCJ Contract Manager as the official point of contact for all matters relating to contract administration. Respondent agrees to provide timely notice of any issues requiring amendment, modification, or escalation, and shall not implement changes without prior written approval from the Contract Manager.

10. Contract Modification. No other agreements, oral or written, shall constitute a part of this Contract, unless such be made in writing, executed by the parties hereto or their successors, and expressly made a part thereof and approved in writing by the TDCJ.

11. Contract Monitoring and Reporting. Respondent shall cooperate with TDCJ’s contract monitoring activities, including submission of compliance reports, participation in site visits, and timely corrective action when deficiencies are identified. Respondent agrees to provide quarterly written reports detailing performance metrics, subcontractor compliance, and any material issues affecting contract execution.

12. Contracting Information Responsibilities. Respondent represents and warrants it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Respondent agrees the Contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

13. COVID-19 Vaccine Passports. Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

14. Critical Infrastructure Affirmation. Pursuant to Texas Government Code, Section 2275.0102, Respondent certifies neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Texas Government Code, Section 2275.0103, or (2) headquartered in any of those countries.

15. Critical Infrastructure Subcontracts: For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure.

Pursuant to the Business and Commercial Code, Section 113.002, the Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Texas Business and Commerce Code, Section 113.001, in this State, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i) neither the subcontractor nor its parent company, nor any affiliate of the Subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of

696-FD-26-P022A Page 3 of 8 a designated country; and (ii) neither the Subcontractor nor its parent company, nor any affiliate of the Subcontractor or its parent company, is headquartered in a designated country. The Contractor will notify the Owner before entering into any subcontract that will provide direct, or remote access to or control of critical infrastructure, as defined by the Texas Business & Commerce Code Section 113.001, in this State.

16. Cybersecurity Training. Respondent represents and warrants it will comply with the requirements of Section

2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program.

17. Dealings with Public Servants Affirmation. Respondent has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Solicitation Response, this Solicitation, or any Contract resulting from this Solicitation.

18. Debts and Delinquencies Affirmation. Respondent agrees any payments due under any Contract resulting from this Solicitation, shall be applied towards any debt or delinquency that is owed to the State of Texas.

19. Disaster Recovery Plan. Respondent agrees that upon request of the TDCJ, Respondent shall provide copies of its most recent business continuity and disaster recovery plans.

20. Disclosure of Prior State Employment – Consulting Services. In accordance with Section 2254.033 of the Texas

Government Code, relating to consulting services, Respondent certifies it does not employ an individual who has been employed by the TDCJ or another agency at any time during the two years preceding the submission of the Response or, in the alternative, Respondent has disclosed in its Response the following:

1. The nature of the previous employment with the TDCJ or the other State of Texas agency:

2. The date the employment was terminated and the reason for the termination:

3. The annual rate of compensation for the employment at the time of its termination:

21. Energy Company Boycotts. If Respondent is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Respondent verifies Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

22. Enforcement of Certain Federal Firearms Laws Prohibited. In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2.101 is applicable to the Respondent, the Respondent certifies it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103.

23. Entities that Boycott Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (1) it meets an exemption criterion under Section 2271.002; or (2) it does not boycott Israel and will not boycott Israel during the term of the Contract resulting from this Solicitation. If Respondent refuses to make that certification, Respondent shall state here any facts that make it exempt from the boycott certification:

24. Ethics and Compliance Training. Respondent certifies that its employees and subcontractors performing under this Contract will complete ethics and compliance training, including reporting obligations for suspected fraud, waste, or abuse, consistent with Texas Government Code §2262.003. Respondent agrees to maintain documentation of training completion and provide such documentation upon request.

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25. E-Verify. Respondent certifies that for contracts for services, Respondent shall utilize the U.S. Department of

Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of:

1. all persons employed by the Respondent to perform duties within Texas; and

2. all persons, including subcontractors, assigned by the Respondent to perform work pursuant to the

Contract within the United States of America.

26. Excluded Parties. Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive

Order Number 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control.

27. Executive Head of a State Agency Affirmation. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies it is not (1) the executive head of the TDCJ, (2) a person who at any time during the four years before the date of the Contract was the executive head of the TDCJ, or (3) a person who employs a current or former executive head of the TDCJ.

28. False Statements. Respondent represents and warrants all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

29. Financial Participation Prohibited Affirmation. Pursuant to Section 2155.004(b) of the Texas Government Code, Respondent certifies the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract and acknowledges the Contract may be terminated and payment withheld if this certification is inaccurate.

30. Firearm Entities and Trade Associations Discrimination. Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

31. Foreign Terrorist Organizations. Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

32. Former Agency Employees. Respondent represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were former employees of the Agency during the twelve (12) month period immediately prior to the date of execution of the contract.

33. Governing Law and Venue. The Contract shall be governed by and construed in accordance with the laws of the

State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the TDCJ.

34. Hardening of State. Respondent certifies that neither it, nor its holding companies or subsidiaries, is: (a) Listed in

Section 889 of the 2019 National Defense Authorization Act; (b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or (c) Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4; or (d) Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4.

If it is determined that Respondent has violated the certifications set forth in this Section, then (1) Respondent shall be in breach of contract, (2) Agency shall have the option to terminate the contract for cause without prior notice, and (3) in addition to any other rights or remedies available to Agency under the contract, Respondent shall be responsible for all costs incurred by Agency to obtain substitute services to replace the terminated contract.

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35. Human Trafficking Prohibition. Under Section 2155.0061 of the Texas Government Code, the Respondent certifies the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract and acknowledges this Contract may be terminated and payment withheld if this certification is inaccurate.

36. Indemnification. THE RESPONDENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE

OF TEXAS, THE TDCJ, THE TBCJ, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL

LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF THE

RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR

SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND

ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED

BY THE CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE

AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND THE RESPONDENT MAY NOT AGREE

TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE

ATTORNEY GENERAL. THE RESPONDENT AND THE DEPARTMENT AGREE TO FURNISH TIMELY

WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

THE TDCJ SHALL NOT INDEMNIFY RESPONDENT OR ANY OTHER ENTITY UNDER THE CONTRACT.

37. Independent Contractor. Respondent acknowledges and agrees that it is furnishing products and services in the capacity of an independent contractor and that Respondent, and its personnel are not employees of the Agency or the State of Texas.

38. Intellectual Property Indemnification. RESPONDENT SHALL DEFEND, INDEMNIFY, AND HOLD

HARMLESS AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,

VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK,

COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER

INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR

ARISING FROM: (1)THE PERFORMANCE OR ACTIONS OF RESPONDENT PURSUANT TO THIS

CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE

PROVIDED HEREUNDER; AND/OR (3) AGENCY’SAND/OR RESPONDENT’S USE OF OR ACQUISITION

OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO AGENCY BY RESPONDENT OR

OTHERWISE TO WHICH AGENCY HAS ACCESS AS A RESULT OF RESPONDENT’S PERFORMANCE

UNDER THE CONTRACT. RESPONDENT AND AGENCY AGREE TO FURNISH TIMELY WRITTEN

NOTICE TO EACH OTHER OF ANY SUCH CLAIM. RESPONDENT SHALL BE LIABLE TO PAY ALL

COSTS OF DEFENSE, INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY

RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL(OAG) WHEN TEXAS STATE

AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO

ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION,

RESPONDENT WILL REIMBURSE AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES,

COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES

AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF AGENCY DETERMINES THAT A CONFLICT

EXISTS BETWEEN ITS INTERESTS AND THOSE OF RESPONDENT OR IF AGENCY IS REQUIRED BY

APPLICABLE LAW TO SELECT SEPARATE COUNSEL, AGENCY WILL BE PERMITTED TO SELECT

SEPARATE COUNSEL AND RESPONDENT WILL PAY ALL REASONABLE COSTS OF AGENCY’S

COUNSEL.

39. Legal & Regulatory Actions. Respondent represents and warrants that it is not aware of and has received no notice of any court or governmental agency actions, proceedings or investigations, etc., pending or threatened against Respondent or any of the individuals or entities included in the Response within the five (5) calendar years Immediately preceding the submission of the Response that would or could impair Respondent’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to Agency’s consideration of the Response. If Respondent is unable to make the preceding representation and warranty, then Respondent instead represents and warrants that it has included as a detailed attachment in its Response a complete disclosure of any such court or governmental agency actions, proceedings or investigations, etc. that would or could impair

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Respondent’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to Agency’s consideration of the Response. In addition, Respondent represents and warrants that it shall notify Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update Agency shall constitute breach of contract and may result in immediate termination of the contract.

40. Lobbying Prohibition. Respondent represents and warrants that Agency’s payments to Respondent and Respondent’s receipt of appropriated or other funds under the contract are not prohibited by Sections 556.005 or

556.0055 of the Texas Government Code.

41. No Conflicts of Interest. Respondent represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

42. Permits, Certifications, and Licenses. Respondent represents and warrants that it has determined what licenses, certifications and permits are required under the contract and has acquired all applicable licenses, certifications, and permits.

43. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR 200.216).

Respondent certifies the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216.

44. Prior Disaster Relief Contract Violation. Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Response or awarding a Contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section

418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Respondent certifies the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract and acknowledges this Contract may be terminated and payment withheld if this certification is inaccurate.

45. Public Information Act. Respondent understands the TDCJ will comply with the Texas Public Information Act

(Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Solicitation, or any resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

46. Remedies and Liquidated Damages. Respondent acknowledges and agrees that failure to meet performance standards, timelines, or deliverables as specified in the Contract may subject Respondent to remedies available to TDCJ under law and this Contract, including withholding of payments, suspension, or termination. Respondent further acknowledges that liquidated damages may be assessed where specified in the Contract documents, and that such damages are not a penalty but represent a reasonable estimate of the damages TDCJ will sustain due to delay or non-performance.

47. Restricted Employment for Certain State Personnel. Pursuant to Section 572.069 of the Texas Government Code, Respondent certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for Agency involving Respondent within two (2) years after the date that the contract is signed, or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

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48. Risk Assessment and Mitigation. Respondent shall submit, upon request, a risk assessment identifying potential operational, financial, and compliance risks associated with contract performance. Respondent shall also provide mitigation strategies and agree to update the risk assessment annually or upon significant changes in contract scope.

49. Severability. If any provision of the contract is construed to be illegal or invalid, such construction will not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions will continue in full force and effect.

50. Signature Authority. By submitting this Response, the Respondent represents and warrants the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any Contract that may result from the submission of this Response.

Respondent represents and certifies each of the above numbered statements, except to the extent that its Response specifically identifies one or more of the statements and describes each fact and circumstance which prevent it from making the representation and certification. Furthermore, Respondent promises to promptly notify the Comptroller if any of these representations or certifications are no longer true. The Respondent makes the foregoing Representations and Certifications as part of its Response.

51. State Auditor’s Right to Audit. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

52. Suspension and Debarment. Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

53. Termination for Non-Appropriations. The Contract is subject to termination or cancellation, without penalty to the TDCJ, either in whole or in part, subject to the availability of state funds. The TDCJ is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If the TDCJ becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render either the TDCJ’s or Respondent’s delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, the TDCJ will not be liable to the Respondent for any damages, that are caused or associated with such termination, or cancellation, and the TDCJ will not be required to give prior notice.

54. Terms and Conditions Attached to Response. Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

55. Texas Bidder Affirmation. Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, the Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

56. Unfair Business Practices. Respondent represents and warrants that it has not been the subject of allegations of

Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

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57. Vendor Performance Tracking System (VPTS). Respondent acknowledges that performance under this Contract will be reported by the Owner to the Texas Comptroller of Public Accounts’ Vendor Performance Tracking System (VPTS) in accordance with Texas Government Code §2262.055. Respondent further acknowledges that such reporting will occur during and after contract performance, and that negative performance reports may affect eligibility for future state contracts.

58. Waiver. No waiver, by either party, of any default of the other under this Contract shall operate as a waiver of any future or other default, whether of a like or different character or nature.

Failure to complete, sign and submit this form will disqualify the Response.

_________________________________ Authorized Respondent/Company Representative Signature Required

Printed Name: _______________________________ Date: ___________________________