3-A01A Bidder Affirmation No TX Ramp 0925.PDF

OGC Template 0725

SECTION 2

BIDDER AFFIRMATION

THIS BIDDER AFFIRMATION MUST BE COMPLETED, SIGNED AND RETURNED WITH

BIDDER'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF

OFFER WITH THE BIDDER’S PROPOSAL MAY RESULT IN THE REJECTION OF THE

PROPOSAL.

2.1 Representations and Warranties.

Bidder represents, warrants, certifies, acknowledges, and agrees as follows:

2.1.1 Bidder will furnish Work to University and comply with all terms, conditions, requirements and specifications set forth in this RFB and any resulting Agreement.

2.1.2 This RFB is a solicitation for a proposal and is not a contract or an offer to contract Submission of a proposal by Bidder in response to this RFB will not create a contract between University and Bidder. University has made no representation or warranty, written or oral, that one or more contracts with University will be awarded under this RFB. Bidder will bear, as its sole risk and responsibility, any cost arising from Bidder’s preparation of a response to this

RFB.

2.1.3 Bidder is a reputable company that is lawfully and regularly engaged in providing Work.

2.1.4 Bidder has the necessary experience, knowledge, abilities, skills, and resources to perform Work.

2.1.5 Bidder is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances relating to performance of Work.

2.1.6 Bidder understands (i) the requirements and specifications set forth in this RFB and (ii) the terms and conditions set forth in the Agreement under which Bidder will be required to operate.

2.1.7 Bidder will not delegate any of its duties or responsibilities under this RFB or the Agreement to any sub-contractor, except as expressly provided in the Agreement.

2.1.8 Bidder will maintain any insurance coverage required by the Agreement during the entire term.

DEPARTMENT OF PURCHASING | HUB PROGRAMS | Mail Code 7962 | 7703 Floyd Curl Drive | San Antonio, Texas 78229-3900

210.562.6200 | www.uthscsa.edu | https://wp.uthscsa.edu/purchasing/ file://cfs/links/FS/Purchasing/Z_SHARED%20Management/BIDS/FY2022/1%20RFP%20745-22-PXX%20Master%20File%20February%202022/1_Working%20Documents/1_Draft%20Documents/www.uthscsa.edu https://wp.uthscsa.edu/purchasing/

2.1.9 All statements, information and representations prepared and submitted in response to this RFB are current, complete, true and accurate. University will rely on such statements, information and representations in selecting Contractor. If selected by University, Bidder will notify University immediately of any material change in any matters with regard to which Bidder has made a statement or representation or provided information.

2.1.10 BIDDER WILL DEFEND WITH COUNSEL APPROVED BY UNIVERSITY,

INDEMNIFY, AND HOLD HARMLESS UNIVERSITY, UT SYSTEM, THE STATE

OF TEXAS, AND ALL OF THEIR REGENTS, OFFICERS, AGENTS AND

EMPLOYEES, FROM AND AGAINST ALL ACTIONS, SUITS, DEMANDS,

COSTS, DAMAGES, LIABILITIES AND OTHER CLAIMS OF ANY NATURE,

KIND OR DESCRIPTION, INCLUDING REASONABLE ATTORNEYS’ FEES

INCURRED IN INVESTIGATING, DEFENDING OR SETTLING ANY OF THE

FOREGOING, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM

(1) ANY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF

BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER

OF BIDDER IN THE PERFORMANCE, EXECUTION OR SUBMISSION OF

THIS RFB OR (2) BIDDER’S PERFORMANCE UNDER ANY CONTRACT OR

AGREEMENT RESULTING FROM THIS RFB.

2.1.11 Pursuant to §§2107.008 and 2252.903, Government Code, any payments owing to Bidder under the Agreement may be applied directly to any debt or delinquency that Bidder owes the State of Texas or any agency of the State of Texas, regardless of when it arises, until such debt or delinquency is paid in full.

2.1.12 Any terms, conditions, or documents attached to or referenced in Bidder’s proposal are applicable to this procurement only to the extent that they (a) do not conflict with the laws of the State of Texas or this RFB, and (b) do not place any requirements on University that are not set forth in this RFB. Submission of a proposal is Bidder's good faith intent to enter into the Agreement with University as specified in this RFB and that Bidder’s intent is not contingent upon University's acceptance or execution of any terms, conditions, or other documents attached to or referenced in Bidder’s proposal.

2.1.13 Pursuant to Chapter 2271, Texas Government Code, Contractor certifies

Contractor (1) does not currently boycott Israel; and (2) will not boycott Israel during the Term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

2.1.14 Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Bidder certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Bidder acknowledges any contract or agreement resulting from this RFB may be terminated and payment withheld if this certification is inaccurate.

2.1.15 Pursuant to Chapter 2274, Texas Government Code, Bidder verifies (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) it will not discriminate during the term of any contract or agreement resulting from this RFB against a firearm entity or firearm trade association. Bidder acknowledges any contract or agreement resulting from this RFB may be terminated and payment withheld if this verification is inaccurate.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2107.htm#2107.008 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.903 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2271.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#F https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2274.htm

2.1.16 Pursuant to Chapter 2276, Texas Government Code, Bidder verifies (1) it does not boycott energy companies and (2) it will not boycott energy companies during the term of any contract or agreement resulting from this RFB. Bidder acknowledges any contract or agreement resulting from this RFB may be terminated and payment withheld if this verification is inaccurate.

2.1.17 Pursuant to Section 161.0085, Texas Health and Safety Code (enacted by SB

968, 87th Texas Legislature, Regular Session (2021)), Bidder certifies that it does not require a customer 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 Bidder’s business. Bidder acknowledges any contract or agreement resulting from this RFB may be terminated and payment withheld if this certification is inaccurate.

2.1.18 Pursuant to Executive Order GA-48 of the Governor of Texas effective November 19, 2024, Bidder certifies that it and, if applicable, any of its holding companies or subsidiaries, is not:

a. Listed in Section 889 of the 2019 National Defense Authorization Act

(NDAA); or

b. Listed in Section 1260H of the 2021 NDAA; 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. § 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. § 791.4.

2.2 No Benefit to Public Servants. Bidder has not given or offered to give, nor does Bidder 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 its proposal. Failure to sign this Execution of Offer, or signing with a false statement, may void the submitted proposal or any resulting Agreement, and Bidder may be removed from all Bidder lists at University.

2.3 Tax Certification. Bidder is not currently delinquent in the payment of any taxes due under

Chapter 171, Tax Code, or Bidder is exempt from the payment of those taxes, or Bidder is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable. A false certification will be deemed a material breach of any resulting contract or agreement and, at University's option, may result in termination of any resulting Agreement.

2.4 Antitrust Certification. Neither Bidder nor any firm, corporation, partnership or institution represented by Bidder, nor anyone acting for such firm, corporation or institution, has violated the antitrust laws of the State of Texas, codified in §15.01 et seq., Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.

2.5 Authority Certification. The individual signing this document and the documents made a part of this RFB, is authorized to sign the documents on behalf of Bidder and to bind Bidder under any resulting Agreement.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2276.htm https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB968 https://gov.texas.gov/uploads/files/press/EO-GA-48_Hardening_State_Government_FINAL_11-19-2024.pdf https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-E/part-791/subpart-A/section-791.4 https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-E/part-791/subpart-A/section-791.4 https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-E/part-791/subpart-A/section-791.4 http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.171.htm http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.15.htm

2.6 Child Support Certification. Under §231.006, Family Code, relating to child support, the individual or business entity named in Bidder’s proposal is not ineligible to receive award of the Agreement, and any Agreements resulting from this RFB may be terminated if this certification is inaccurate.

2.7 Relationship Certifications.

• No relationship, whether by blood, marriage, business association, capital funding agreement or by any other such kinship or connection exists between the owner of any Bidder that is a sole proprietorship, the officers or directors of any Bidder that is a corporation, the partners of any Bidder that is a partnership, the joint venturers of any Bidder that is a joint venture, or the members or managers of any Bidder that is a limited liability company, on one hand, and an employee of any member institution of UT System, on the other hand, other than the relationships which have been previously disclosed to University in writing.

• Neither Bidder nor any of its employees have been or will have been employees of UT System or any member institution of UT System within the immediate twelve (12) months prior to (a) the Submittal Deadline or (b) if Bidder is awarded any Agreement resulting from this RFB, the date of execution of that Agreement. (Ref. Section §2252.901, Government Code).

• Bidder has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for University involving Bidder 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. (Ref. Section §572.069, Government Code).

• No person who, in the past four (4) years served as an executive of a state agency was involved with or has any interest in Bidder’s proposal or any contract resulting from this RFB (ref.

§669.003, Government Code).

• All disclosures by Bidder in connection with this certification will be subject to administrative review and approval before University enters into any Agreement resulting from this RFB with Bidder.

2.8 Compliance with Equal Employment Opportunity Laws. Bidder is in compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

2.9 Compliance with Safety Standards. All products and services offered by Bidder to University in response to this RFB meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and the Texas Hazard Communication Act, Chapter 502, Health and Safety Code, and all related regulations in effect or proposed as of the date of this RFB.

2.10 Exceptions to Certifications. Bidder will and has disclosed, as part of its proposal, any exceptions to the information stated in this Execution of Offer. All information will be subject to administrative review and approval prior to the time University makes an award or enters into any Agreement with Bidder.

2.11 Manufacturer Responsibility and Consumer Convenience Computer Equipment Collection and Recovery Act Certification. If Bidder will sell or lease computer equipment to University under any Agreement resulting from this RFB then, pursuant to §361.965(c), Health & Safety Code, Bidder is in compliance with the Manufacturer Responsibility and Consumer Convenience Computer Equipment Collection and Recovery Act set forth in Chapter 361, Subchapter Y, Health & Safety Code, and the rules adopted by the Texas Commission on Environmental Quality under that Act as set forth in 30 TAC §§328.131 through 328.155.

§361.952(2), Health & Safety Code, states that, for purposes of the Manufacturer Responsibility http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.231.htm#231.006 https://statutes.capitol.texas.gov/docs/gv/htm/gv.2252.htm https://statutes.capitol.texas.gov/docs/gv/htm/gv.572.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.669.htm#669.003 https://statutes.capitol.texas.gov/docs/hs/htm/hs.502.htm https://statutes.capitol.texas.gov/docs/HS/htm/HS.361.htm http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.361.htm#Y https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.952 and Consumer Convenience Computer Equipment Collection and Recovery Act, the term “computer equipment” means a desktop or notebook computer and includes a computer monitor or other display device that does not contain a tuner.

2.12 Television Equipment Recycling Program Certification. If Bidder will sell or lease covered television equipment to University (as defined in §361.971(3), Texas Health and Safety Code) under any Agreement resulting from this RFB then, pursuant to §361.991, Texas Health and Safety Code, Bidder is full compliance with the Television Equipment Recycling Program set forth in Subchapter Z, Chapter 361, Texas Health and Safety Code and 30 TAC Chapter 328, Subchapter J.

2.13 Conflict of Interest Certification.

• Bidder is not a debarred vendor or the principal of a debarred vendor (i.e. owner, proprietor, sole or majority shareholder, director, president, managing partner, etc.) either at the state or federal level.

• Bidder’s provision of services or other performance under any Agreement resulting from this RFB will not constitute an actual or potential conflict of interest.

• Bidder has disclosed any personnel who are related to any current or former employees of University.

• Bidder has not given, nor does Bidder intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to an officer or employee of University in connection with this RFB.

2.14 Prohibited Activities. Contract represents, certifies, and warrants that Contractor and its employees, agents, representatives, and subcontractors (1) have not violated and will not violate Chapter 2261, Subchapter G of the Texas Government Code (“Subchapter G”), including engaging in any investigations conducted under Subchapter G. Contractor understands and agrees that violations of Subchapter G may result in enforcement actions, contract terminations (including, but not limited to, termination of this Agreement), liabilities, disqualifications, causes of action, lawsuits, damages, costs, and injunctive relief as provided by Subchapter G.

2.15 Bidder should complete the following information:

If Bidder is a Corporation, then State of Incorporation:

If Bidder is a Corporation, then Bidder’s Corporate Charter Number:

RFB Number:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.971 https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.991 https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#Z https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2261.htm

NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH INDIVIDUALS. UNDER §§552.021 AND 552.023, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER §559.004, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT INFORMATION ABOUT SUCH INDIVIDUALS THAT IS INCORRECT.

Submitted and Certified By:

(Bidder Institution’s Name)

(Signature of Duly Authorized Representative)

(Printed Name/Title)

(Date Signed)

(Bidder’s Street Address)

(City, State, Zip Code)

(Telephone Number)

(Email Address)