ESBD_361749_1717705570560_5-462-001 IFB Bulk Fuel_Submission 6.6.24.pdf

IFB 5-462-001 Page 1 of 13

TEXAS SCHOOL FOR THE DEAF

INVITATION FOR BID

Award Notice: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination what will serve the best interest and provide the best value to the State and to reject any and all bid items in the sole discretion of the State.

Item Description Class/Item: 405-02 / 405-15 Quantity Unit of Measure Unit Price Extension

The Texas School for the Deaf (TSD) is seeking to purchase bulk unleaded and diesel fuel on an as needed basis per the attached specifications.

1. Bulk Fuel, Unleaded, 87 Octane, 10% Ethanol

Posted Terminal Price + Contractor’s Constant

= Total Unit Price

20,000 Gallon

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID AUTHORIZED SIGNATURE DATE

AGENCY TO INVOICE

Texas School for the Deaf ATTN: Accounts Payable 1102 S. Congress Avenue Austin, Texas 78704

RETURN BIDS TO

purchasing@tsd.texas.gov or return to:

Texas School for the Deaf Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

BID RESPONSE DUE

BY 3:00 PM June 20, 2024

REQUISITION NO. 5-462-001

DESTINATION OF GOODS

Texas School for the Deaf ATTN: Warehouse 1102 S. Congress Avenue Austin, TX 78704

REQUIRED BIDDER INFORMATION

TEXAS ID NUMBER

Name of Business Street Address City-State-Zip Code

Telephone No.

Email address

If responding through regular mail:

Each bid must be placed in a separate envelope with bid due date and requisition number annotated immediately below return address on SEALED BID

ENVELOPE

Bidder agrees to comply with all conditions of this solicitation

By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined by 34 TAC Rule 20.32(68).

IFB 5-462-001 Page 2 of 13

2 Bulk Fuel, Diesel, B05 Biodiesel

Posted Terminal Price

+ Contractor’s Constant

= Total Unit Price

85,000 Gallon

Offered by a Historically Underutilized Business certified by the Texas Comptroller of Public Accounts

PREFERENCES

See Appendix 21 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under 34 TAC Rule 20.38

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

IFB 5-462-001 Page 3 of 13

Solicitation 5-462-001 Specifications for Bulk Fuel

1. INTRODUCTION: The Texas School for the Deaf (TSD) is seeking to purchase unleaded and diesel bulk fuel on an as needed basis.

1.1. Delivery Location: 1102 South Congress Avenue, Austin, TX 78704.

2. DEFINITIONS:

2.1. Posted Terminal Price: Contractor’s cost per gallon for the fuel from the refiner’s depot. This posted terminal price may be: the contractor’s actual cost, as shown on fuel receipts, a standard industry quote such as Oil Price Information Service (OPIS), Data Transmission Network (DTNrgy) or a current index price from The Federal Department of Energy, Energy Information Administration.

2.2. Contractor’s Constant: The difference between the posted terminal price and the selling price per gallon. This includes applicable taxes, environmental fees, freight charges, load fees, operational overhead and contractor’s profit margin. Contractors are prohibited from changing this constant during the term of the contract.

3. TERM OF CONTRACT: The contract shall commence at time of fully executed award, or

September 1, 2024, whichever is later and expire on August 31, 2025 unless sooner terminated under the terms of the contract.

4. RENEWAL OPTIONS: Contract may be renewed for up to three (3) additional one (1) year terms, provided both parties agree in writing prior to the contract expiration date. Any renewal shall be in accordance with the original terms and conditions plus any approved changes outlined in written contract renewal.

1st Renewal Option September 1, 2025 – August 31, 2026

2nd Renewal Option September 1, 2026 – August 31, 2027

3rd Renewal Option September 1, 2027 – August 31, 2028

5. CONTRACT EXTENSION: In the event that the contract(s), if any, resulting from the award of this

RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified services, TSD may with written consent of the awarded contractor(s) extend the contract for a period of time not to exceed twelve (12) months. Any extension shall be at the same terms and conditions, plus any approved and written changes.

6. TERMINATION: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

IFB 5-462-001 Page 4 of 13

6.1. Termination by Mutual Agreement: TSD and Contractor reserve the right to terminate this contract upon mutual written consent.

6.2. TSD in its sole discretion reserves the right to terminate this contract upon thirty (30) days written notice to Contractor.

6.3. TSD in its sole discretion reserves the right to terminate any resulting contract for cause with a fifteen (15) day written notice to the Contractor. Contractor is liable for any and all damages and costs incurred by TSD.

7. AMENDMENTS: The contract may be amended in writing by mutual consent of both parties.

7.1. TSD reserves the right to administratively amend any resulting contract without the mutual consent of the contractor.

8. DELIVERY ESTIMATES:

8.1. Estimated frequency of deliveries shall be every week for diesel fuel and monthly for unleaded fuel; however, actual deliveries will be on an as needed basis.

8.2. Estimated quantities for diesel delivery will be 650 gallons and 650 unleaded gallons;

however, actual quantities will be on an as needed basis dependent on TSD need and storage capacity of fuel tanks.

8.3. Resulting contract award does not guarantee volume or commitment of funds. Quantities are estimates and shall be modified as required to provide essential services to TSD’s transportation department.

9. TANK CAPACITITY: TSD will be responsible for maintaining storage tanks

9.1. Unleaded Fuel Tank: Shall contain 87 Octane, 10% ethanol with a storage capacity up to

1,000 gallons.

9.2. Diesel Fuel Tank: B05 Biodiesel with a storage capacity up to 1,000 gallons.

10. EXCISE TAX: The Texas School for the Deaf, as a state agency is exempt from federal fuels excise tax.

11. QUANTITIES: Quantities listed are projected annual order quantities. TSD reserves the right to alter the quantities prior to award depending on bid responses and budget constraints.

IFB 5-462-001 Page 5 of 13

12. INSURANCE

12.1. Contractor shall procure and maintain the below minimum insurance for the entire duration of service performance.

Type of Insurance Each Occurrence / Aggregate Workers Compensation Statutory Employer’s Liability Bodily Injury by Accident

$500,000 Ea. Accident

Commercial General Liability General Aggregate Applies Per Project

$500,000 Bodily Injury & Property Damage – Each Occurrence $1,000,000 Aggregate Limit $500,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit $5,000 Medical Expense per person

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$500,000 Combined Single Limit

12.2. Prior to the commencement of the job and not later than (10) days following award, the

Contractor must provide to TSD, a certificate as proof that the required insurance is in full effect. Certificate of Insurance subject to approval by authorized TSD personnel.

13. INQUIRIES: All requests for clarification, questions, or other communication regarding this solicitation shall be made in writing to TSD’s Purchasing & Contracting department, addressed to the following

David Rivera, Purchasing Manager Texas School for the Deaf 1102 S. Congress Avenue, Austin, TX 78704

Phone: 512-462-5345 Email: purchasing@tsd.texas.gov

IFB 5-462-001 Page 6 of 13

SECTION III – STANDARD TERMS AND CONDITIONS

September 2023

(ITEMS BELOW APPLY TO AND BECOME PART OF THE CONTRACT)

Any contract awarded as a result of this solicitation will contain the standard terms and conditions listed below.

Subcontractors are required to comply with these provisions set forth. Any acceptations must be in writing and approved by proper TSD personnel.

1. BIDDING REQUIREMENTS:

1.01. Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

1.02. Bids should be submitted on this form. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

1.03. Bids must be time stamped at Texas School for the Deaf (TSD) on or before the hour and date specified for the bid opening.

1.04. Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.05. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.06. Bid prices are requested to be firm for TSD acceptance for 30 days from bid opening date. "Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.07. Bidder should enter Texas Identification Number System (TINS) number, full firm name and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right-hand corner.

1.08. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by TSD based on an acceptable written reason.

1.09. Purchases made for State use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

1.10. AWARD NOTICE: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items at the sole discretion of the State. The State also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of the State. Any contract may also be extended up to three months at the sole discretion of the State.

1.11. Consistent and continued tie bidding could cause rejection of bids by the TSD and/or investigation for antitrust violations.

1.12. Inquiries pertaining to this IFB must include the requisition number, class/item codes, and bid response due date.

2. SPECIFICATION:

2.01. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under §2155.067, Texas Government Code (Gov't Code). If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brand names, numbers, etc.

IFB 5-462-001 Page 7 of 13

2.02. Unless otherwise specified, items shall be new and unused and of current production.

2.03. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

2.04. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the bidder, on request, at bidder's expense. Each sample should be marked with bidder's name and address, and requisition number. Do not enclose in or attach bid to sample.

2.05. The State will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Bids (IFB).

2.06. Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.

3. TIE BIDS: Awards will be made in accordance with 34 TAC Rules 20.36(b)(3) and 20.38 (Preferences).

4. DELIVERY:

4.01. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

4.02. If delay is foreseen, bidder shall give written notice to the TSD. Bidder must keep TSD advised at all times of status of order.

4.03. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TSD to purchase the goods or services of this IFB elsewhere and charge any increased costs for the goods or services, including the cost of rebidding, to the bidder.

4.04. No substitutions permitted without written approval of TSD.

4.05. Delivery shall be made during normal working hours only, unless prior approval has been obtained from ordering agency.

5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the State. Authorized TSD personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the bidder in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at the State's option, be returned to the bidder or held for disposition at bidder's expense. Latent defects may result in revocation of acceptance.

6. AWARD OF CONTRACT: A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through an open market purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas.

The factors listed in §§2155.074, 2155.144, 2156.007, and 2157.003, Gov't Code, shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

7. 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 TSD. Any attempted assignment in violation of this provision is void and without effect.

8. PAYMENT: Bidder shall submit an itemized invoice showing TSD requisition number on all copies. The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. Payment shall be made in accordance with Chapter 2251, Gov't Code.

IFB 5-462-001 Page 8 of 13

9. PATENTS, TRADEMARKS, OR COPYRIGHTS: Bidder agrees to defend and indemnify the TSD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TSD's or the State's use of any good or service provided by the bidder as a result of this IFB.

10. BIDDER AFFIRMATIONS: Respondent represents and warrants that 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 misrepresentation made during the performance of a contract is a material breach of contract and may void the submitted response and any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

10.01. DEALINGS WITH PUBLIC SERVANTS: The Respondent has not given, offered to give, nor intends 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 the submitted response.

10.02. ANTITRUST: The undersigned affirms under penalty of perjury of the laws of the State of Texas that

(1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

(2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have 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. The successful contractor hereby assigns to the TSD any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Comm. Code §15.01, et seq.

10.03. Pursuant to §2155.004, Gov't Code, neither the bidder nor any person or entity which will participate financially in any contract resulting from this IFB has received compensation for participation in the preparation of the specifications for this IFB.

10.04. CHILD SUPPORT OBLIGATION: Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate in addition to other remedies set out in 231.006(f). Furthermore, any bidder subject to §231.006, Gov't Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award. Enter the Name & Social Security Numbers for each person below:

Name: Social Security Number:

10.05. Under §2155.004, Gov't Code, the bidder certifies that the individual or business entity named in this bid or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. §2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

10.06. DEBTS AND DELINQUENCIES: As required by §2252.903, Gov't Code, bidder agrees that any payments due under a contract resulting from this IFB shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by

IFB 5-462-001 Page 9 of 13

TSD under §403.055, 403.0551, 2252.903, Gov't Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

10.07. Pursuant to §669.003, Gov't Code, TSD may not enter into a contract with a person who employs a current or former executive head of the TSD until four years has passed since that person was the executive head of the TSD. By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of the TSD in the past four years. If bidder does employ a person who was the executive head of the TSD, provide the following information:

Name of Former Executive: _______________________________________________ Name of State Agency: __________________________________________________ Date of Separation from State Agency: ______________________________________ Position with Bidder: _____________________________________________________ Date of Employment with Bidder: ___________________________________________

10.08. In accordance with §2155.4441, Gov't Code, bidder agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

10.09. SUSPENSION AND DEBARMENT: Bidder certifies that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that bidder is in compliance with the State of Texas statutes and rules relating to procurement and that bidder is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://sam.gov/content/home. Additional information, including list of ineligible entities for State procurement is listed at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php

10.10. Sections 2155.006 and 2261.053, Gov't Code, prohibit state agencies from awarding contracts to any 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 §418.004, Gov't Code, occurring after September 24, 2005. Under §2155.006, Gov't Code, bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

10.11. Bidder represents and warrants that payment to the bidder and the bidder’s receipt of appropriated or other funds under any contract resulting from this IFB are not prohibited by §556.005 or §556.008, Gov't Code, relating to the prohibition of using state funds for lobbying activities.

10.12. Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to TSD under the IFB and any resulting contract, if any, and that bidder’s provision of the requested items under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety.

10.13. TEXAS BIDDER: Respondent certifies that is a Texas address is shown as the address of the Respondent on this response, respondent qualifies as a Texas Bidder as defined in Section 2155.444© of the Texas Government Code.

11. NOTE TO BIDDER: If bidder takes any exceptions to any provisions of the IFB, these exceptions must be specifically and clearly identified by section in bidder’s bid in response to the IFB and bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire IFB. If any bidder takes a ‘blanket exception’ to the entire IFB or does not provide proposed alternative language, the bidder’s bid may be disqualified from further consideration.

https://sam.gov/content/home https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php

IFB 5-462-001 Page 10 of 13

12. PROTEST PROCEDURES: Any actual or prospective bidder who is aggrieved in connection with this IFB, evaluation, or award of any contract resulting from this IFB may formally protest as provided in TSD’s rules at 34 TAC Rule 20.534.

13. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of The Texas Government Code must be used by the TSD and the bidder to attempt to resolve any dispute arising under any contract resulting from this IFB.

14. EXCESS OBLIGATIONS PROHIBITED: Any contract resulting from this IFB is subject to termination or cancellation, without penalty to TSD, either in whole or in part, subject to the availability of state funds. TSD is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TSD becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TSD’s or bidder’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, TSD will not be liable to bidder for any damages, which are caused or associated with such termination, or cancellation and TSD will not be required to give prior notice.

15. TEXAS PUBLIC INFORMATION ACT: Notwithstanding any provisions of this IFB to the contrary, bidder understands that TSD will comply with the Texas Public Information Act (Chapter 552, Gov't Code) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. Within three (3) days of receipt, bidder will refer to TSD any third-party requests, received directly by bidder, for information to which bidder has access as a result of or in the course of performance under any contract resulting from this IFB. Any part of the solicitation response that is of a confidential or proprietary nature must be clearly and prominently marked as such by the bidder.

16. CONFLICT OF INTEREST: Under §2155.003, Gov't Code, a TSD employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in Section 1.2 of the State of Texas Procurement Manual, which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of TSD or purchasers of other state agencies.

17. FORCE MAJEURE: Neither bidder nor TSD shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this IFB caused by force majeure.

The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

IFB 5-462-001 Page 11 of 13

18. INDEPENDENT CONTRACTOR: Bidder is and shall remain an independent contractor in relationship to the TSD. The TSD shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against the TSD for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

19. COMPLIANCE: The Contractor will comply with applicable local, state and federal laws, rules and regulations now in effect or that become effective during the term of this contract, including the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, and the Immigration Reform and Control Act of 1986, as amended.

20. INDEMNIFICATION: BIDDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF

TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TSD, ITS OFFICERS, AND EMPLOYEES AND

CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS,

COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND

COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR

OMISSIONS OF BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER

IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT WITH BIDDER RESULTING FROM THIS

IFB. BIDDER SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS

REQUESTED BY TSD. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO

REQUIRE BIDDER TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TSD FOR ANY CLAIMS OR

LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TSD OR ITS EMPLOYEES.

21. INITIATIVES: Bidder should be prepared to work with TSD to provide support or services contemplated by this

IFB, including but not limited innovations in the delivery of the services through cooperative means or through the utilization of available technology.

22. PROHIBITED INTEREST: No member or employee of TSD may have a direct interest in the proceeds from a contract resulting from this IFB. No member or employee of TSD may be related within the second degree of consanguinity or affinity to anyone who has a direct interest in the proceeds of a contract arising from this IFB.

23. EXCLUDED PARTIES: Bidder is hereby advised of President’s Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it via cross-referencing respondents / vendors with the Federal System for Award Management https://sam.gov/content/home which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Contents of EO 13224 may be viewed by accessing the following website: https://www.state.gov/executive-order-13224/

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.

24. COMPLIANCE WITH HOUSE BILL 89, STATE OF TEXAS 85TH LEGISLATIVE SESSION: Bidder acknowledges through submission of signed bid responsive to this IFB that Bidder is duly authorized and has full and complete authority to enter into a signed contract on behalf of company or individual if selected.

Additionally, Bidder represents and warrants through signature that Bidder has complete authority to verify and warrant that the company or individual does not boycott Israel and will not do so in the future, including during the term of any contract awarded by TSD in conjunction with this IFB.

25. DISASTER RECOVERY PLAN: In accordance with 13 TAC § 6.94(a)(9), Respondent shall provide to TSD the descriptions of its business continuity and disaster recovery plans.

26. ENERGY COMPANY BOYCOTTS; If respondent is required to make a verification pursuant to Section

2274.002 of the Texas Government Code, respondent verifies that respondent does not boycott energy companies and will not boycott energy companies during the term of the contract. If respondent does not https://sam.gov/content/home https://www.state.gov/executive-order-13224/

IFB 5-462-001 Page 12 of 13 make that verification, respondent must so indicate in its response and state why the verification is not required.

27. RIGHT TO AUDIT: In addition to and without limitation on the other audit provisions of this IFB, pursuant to §2262.003, Texas Government Code, the state auditor may conduct an audit or investigation of the bidder or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the bidder or any other entity or person directly under this contract or indirectly through a subcontract under this 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, the bidder or other 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. This IFB or any contract resulting from this IFB may be amended unilaterally by TSD to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.003, Texas Government Code. Bidder will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the bidder and the requirement to cooperate is included in any subcontract it awards.

28. CLOUD COMPUTERING STATE RISK & AUTHORIZATION MANAGEMENT PROGRAM (TX-RAMP):

Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Respondent represents and warrants that it complies with the requirements of the state risk and authorization management program and Respondent agrees that throughout the term of the contract it shall maintain its certifications and comply with the program requirements in the performance of the contract.

29. COVID-19 VACCINE PASSPORT PROHIBITION: 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.

30. CRITICAL INFRASTRUCTURE AFFIRMATION: Pursuant to Government Code Section 2274.0102, Respondent certifies that 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 Government Code Section 2274.0103, or (2) headquartered in any of those countries.

31. CYBERSECURITY TRAINING: Respondent represents and warrants that 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.

32. DATA MANAGEMENT AND SECURITY CONTROLS: In accordance with Section 2054.138 of the Texas

Government Code, Respondent certifies that it will comply with the security controls required under this contract and will maintain records and make them available to Agency as evidence of Respondent’s compliance with the required controls.

33. E-VERIFY PROGRAM: 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 person’s employees by respondent to perform duties within Texas; and (2) all persons including subcontractors, assigned by respondent to perform work pursuant the contract within the United State of America.

34. FIREARM ENTITIES & TRADE ASSOCIATIONS DISCRIMINATION: If 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

IFB 5-462-001 Page 13 of 13 association. If Respondent does not make that verification, Respondent must so indicate in its response and state why the verification is not required.

35. 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 not the contract.

36. DISCLOSURE OF PRIOR STATE EMPLOYMENT: In accordance with Section 2254.033 of the Texas

Government Code, relating to consulting services, Respondent certifies that it does not employ an individual who has been employed by Agency 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: (i) the nature of the previous employment with Agency or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

37. HUMAN TRAFFICKING PROHIBITION: Under Section 2155.0061 of the Texas Government Code, the

Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

38. NATIONAL ANTHEM VERIFICATION: If respondent is a professional sports team If Respondent is a professional sports team as defined by Section 2004.002 of the Texas occupations Code, Respondent will play the United States national anthem at the beginning of each team sporting event held at the Respondent’s home venue or other venue controlled by Respondent for the event. Failure to comply with this obligation constitutes a default of this contract, and immediately subjects Respondent to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Respondent may be debarred from contracting with the State. The Agency or the Attorney General may strictly enforce this provision.

39. TECHNOLOGY ACCESS CLAUSE: Respondent expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairment. Accordingly, Respondent represents and warrants to Agency that the technology provided to Agency for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: • providing equivalent access for effective use by both visual and non-visual means;

• presenting information, including prompts used for interactive communications, in formats intended for nonvisual use; and • being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. In accordance with Section 2157.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006.

40. COMPUTER EQUIPMENT RECYCLING PROGRAM: Respondent certifies its compliance with Subchapter

Y, Chapter 361 of the Texas Health & Safety Code and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

41. TELEVISION EQUIPMENT & RECYCLING PROGRAM: Respondent certifies its compliance with

Subchapter Z, Chapter 361 of the Texas Health & Safety Code, related to the Television Equipment Recycling Program.

42. TERMS & CONDITIONS ATTACHED TO RESPONSE: Any terms and conditions attached to a response will not be considered unless specifically referred to in the response.

_______________________________________END__________________________________________