ESBD_365992_1719871151327_Form A - Offeror's Execution of Offer.pdf

FORM A

OFFEROR’S EXECUTION OF OFFER/PROPOSAL

AND ASSURANCES (WITH CERTIFICATION)

Social Security Numbers are CONFIDENTIAL and excepted from disclosure under the Texas Public Information Act

Form A – Offeror’s/Proposer’s Execution of Offer/Proposal and Assurances (with Certification) Revised March 2022

Offeror represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. If any assurance is shown to be false, any contract awarded to Offeror may be terminated, payment withheld, and the Offeror shall be liable to the Office of the Attorney General (OAG) for attorney’s fees and the costs necessary to complete the contract, including the cost of advertising and awarding a subsequent contract.

By submitting this Offer, Offeror represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of the Offeror and to bind the Offeror under any contract that may result from the submission of this Offer.

1. Antitrust: Pursuant to 15 U.S.C. §1, et seq., and Texas Business & Commercial Code §15.01, et seq., neither the Offeror nor the firm, corporation, partnership, or institution represented by the Offeror, or anyone acting for such a firm, corporation, partnership, or institution has violated Texas antitrust laws or federal antitrust laws, or communicated its Response directly or indirectly to a competitor of the Offeror or any other company, firm, corporation, partnership, or individual or related entities of the same, or the Offeror, engaged in the same line of business as the Offeror.

2. Child Support: Under §231.006, Family Code, the Offeror certifies that the individual or business entity named in this Response is not ineligible to receive the specified grant, loan, or payment and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. If the certificate is shown to be false, the Offeror shall be liable to the OAG for attorney’s fees and the costs necessary to complete the contract, including the cost of advertising and awarding a subsequent contract.

3. Executive Head of a State Agency: Pursuant to §669.003, Government Code, the OAG may not enter into a contract with a person who employs a current or former executive head of the OAG until four years has passed since that person was the executive head of the OAG. Offeror assures the OAG that it may enter a contract with the OAG in compliance with this law. If the Offeror employs a former executive head of the OAG, the Offeror must complete the following information in order for its Response to be evaluated:

Name of Former Executive:

Name of State Agency:

Date of Separation:

Position with Offeror:

Date of Employment with Offeror:

4. Financial Participation Prohibited: Section 2155.004, Government Code, prohibits the OAG from accepting a Response that includes proposed financial participation by a person who received compensation from the OAG to participate in preparing this solicitation or the specifications contained in this solicitation. Offeror certifies:

“Under §2155.004, Government Code, the Offeror certifies that the individual or business entity named in this Response is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.”

5. Prior Disaster Relief Contract Violation: Sections 2155.006 and 2261.053, Government Code, prohibits the OAG from accepting a bid or awarding a contract 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, Government Code, occurring after September 24, 2005.

Offeror certifies:

“Under §§2155.006 and 2261.053, Government Code, the Offeror certifies that the individual or business entity named in this Response is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.”

6. Lobbying Prohibition: The Offeror represents and warrants that payment to the Offeror and the Offeror’s

AND ASSURANCES (WITH CERTIFICATION)

Social Security Numbers are CONFIDENTIAL and excepted from disclosure under the Texas Public Information Act

Form A – Offeror’s/Proposer’s Execution of Offer/Proposal and Assurances (with receipt of appropriated or other funds under any contract resulting from this solicitation are not prohibited by §556.005 or §556.008, Government Code, relating to the prohibition of using state funds for lobbying activities.

7. Debts and Delinquencies: As required by §2252.903, Government Code, the Offeror agrees that any payments due under the contract resulting from this solicitation shall be applied towards any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

8. Dealings with Public Servants: The Offeror 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.

9. Audit Exceptions: The Offeror has no unresolved audit exceptions with the OAG. An unresolved audit exception is an exception for which the Offeror has exhausted all administrative and/or judicial remedies and refuses to comply with any resulting demand for payment.

10. Suspension and Debarment: The Offeror certifies that the responding 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 Offeror is in compliance with the State of Texas statutes and rules relating to procurement. Entities ineligible for federal procurement are listed at System for Award Management (SAM) at https://www.sam.gov.

11. No Conflicts of Interest: The Offeror represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to the OAG under the solicitation and any resulting contract, if any, and that Offeror’s provision of the requested items under the solicitation and any resulting contract, if any, would not reasonably create an appearance of impropriety.

12. Contracting Information Responsibilities: To the extent applicable, Offeror represents and warrants that, if a contract is awarded under this Offer, it will comply with the requirements of §552.372(a) of the Texas Government Code. Except as provided by §552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552 of the Government Code, may apply to the contract and Offeror agrees that the contract can be terminated if the Offeror knowingly or intentionally fails to comply with a requirement of that Subchapter.

13. Entities That Boycott Israel: Pursuant to §§ 2271.001 and 2271.002, Government Code, the Offeror certifies that they (1) do not boycott Israel and (2) will not boycott Israel during the term of the contract.

14. Foreign Terrorist Organizations: In accordance with Texas Government Code, Chapter 2252, Subchapter F, the Offeror hereby represents and warrants that it is not a company identified on the lists prepared and maintained under Texas Government Code §§ 2270.0052 (companies with business operations in Sudan), 2270.0102 (companies with business operations in Iran), or 2270.0152 (companies known to have contracts with or provide supplies or services to a foreign terrorist organization). Notwithstanding the foregoing, a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or to a foreign terrorist organization, is not subject to contract prohibition under this clause. A company claiming such exemption must submit the official copy of the declaration.

15. Excluded Parties: Offeror certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 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.

16. Critical Infrastructure: To the extent applicable, pursuant to §2274.0102, Government Code, the Offeror certifies that neither it nor its parent company nor any affiliate of Offeror 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 §2274.0103, or (2) headquartered in any of those countries.

17. Energy Company Boycotts: To the extent the Offeror is required pursuant to §2274.002, Government Code, the Offeror certifies that it does not, and shall not for the duration of any resulting contract hereunder, boycott energy companies as the term is defined under §809.001(1), Government Code, or the verification required https://www.sam.gov/portal/SAM/#1

AND ASSURANCES (WITH CERTIFICATION)

Social Security Numbers are CONFIDENTIAL and excepted from disclosure under the Texas Public Information Act

Form A – Offeror’s/Proposer’s Execution of Offer/Proposal and Assurances (with by §2274.002, Government Code does not apply to the contract.

18. Firearm Entities and Trade Associations Discrimination: To the extent the Offeror is required pursuant to §2274.002, Government Code, the Offeror certifies 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 for the duration of any resulting contract hereunder, discriminate against a firearm entity or firearm trade association, as the term is defined under §2274.001(3), Government Code, or the verification required by §2274.002, Government Code does not apply to the contract.

19. Cybersecurity Training: To the extent applicable, the Offeror hereby certifies that all employees, agents, subcontractors, officers, and/or any other users authorized by the Offeror that have access to a state computer system or database shall complete a cybersecurity training program certified under §2054.519, Government Code at the frequency prescribed by §2054.5192(c). The Offeror further certifies and agrees to maintain evidence of any such completed cybersecurity training and shall upon OAG request, furnish evidence of the completed cybersecurity training to OAG in the frequency, manner, and form prescribed by OAG.

20. Data Management and Security Controls: To the extent applicable, in accordance with §2054.138 of the Texas Government Code, Offeror certifies that it will comply with the security controls required under any contract resulting from this Offer and will maintain records and make them available to Agency as evidence of Offeror’s compliance with the required controls.

21. Cloud Computing: To the extent applicable, pursuant to §2054.0593(d)-(f), Government Code, relating to cloud computing state risk and authorization management program, the Offeror represents and warrants that it complies with the requirements of the state risk and authorization management program and Offeror 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.

22. COVID-19 Vaccine Passport Prohibition: The Offeror 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 Offeror’s business. The Offeror acknowledges that such a vaccine or recovery requirement would make the Offeror ineligible for a state-funded contract.

23. Human Trafficking Prohibition: Under §2155.0061 of the Texas Government Code, the Offeror certifies that the individual or business entity named in this Offer 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.

24. E-Verify: Offeror certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of: (1) all persons employed to perform duties within Texas during the term of the contract; and (2) all persons, including subcontractors, assigned by Respondent to perform work pursuant to the contract within the United States of America.

25. Texas Bidder: Offeror certifies that if a Texas address is shown as the address of the Offeror on this Offer, Offeror qualifies as a Texas Bidder as defined in §2155.444(c) of the Texas Government Code.

26. Disclosure of Prior State Employment: If the Contract is related to “consulting services,” as the term is defined in Subsection 2254.021(1) of the Texas Government Code, Contractor hereby certifies that it does not employ an individual who has been employed by OAG or another agency at any time during the two years preceding the submission of the response or, in the alternative, Contractor has disclosed in its response the following: (i) the nature of the previous employment with OAG 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.

27. Former Agency Employees: In accordance with Section 2252.901 of the Texas Government Code, Contractor 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 OAG during the twelve (12) month period immediately prior to the date of execution of the Contract.

28. Terms and Conditions Attached: Any terms and conditions attached to an Offer will not be considered unless specifically referred to in the Offer.

Corporations submitting Responses to the OAG shall provide the following information:

AND ASSURANCES (WITH CERTIFICATION)

Social Security Numbers are CONFIDENTIAL and excepted from disclosure under the Texas Public Information Act

Form A – Offeror’s/Proposer’s Execution of Offer/Proposal and Assurances (with

Federal Employer ID#: Corporate Charter #:

Entity Name: Telephone Number:

Street Address: FAX Number:

City/State/Zip: E-mail Address:

Responses must include names and Social Security Numbers of each person with at least 25% ownership of the business entity submitting the Response. Offerors must complete the following:

AND ASSURANCES (WITH CERTIFICATION)

Social Security Numbers are CONFIDENTIAL and excepted from disclosure under the Texas Public Information Act

Form A – Offeror’s/Proposer’s Execution of Offer/Proposal and Assurances (with

Name Social Security Number

Failure of an organization to provide the above information shall result in the disqualification of the response.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE(S) FOLLOWS.]

AND ASSURANCES (WITH CERTIFICATION)

Social Security Numbers are CONFIDENTIAL and excepted from disclosure under the Texas Public Information Act

Form A – Offeror’s/Proposer’s Execution of Offer/Proposal and Assurances (with

OFFEROR ACKNOWLEDGMENT AND CERTIFICATION

Offeror hereby certifies that it has received, reviewed, and accepted the solicitation and the included statement of work, requirements, terms and conditions. The Offeror hereby acknowledges that it can meet all of the requirements as stated in the solicitation excluding any requirements it took exception to, as explicitly set forth in its Response.

The Offeror also certifies that the information included in its Response and on this form is, to the best of its knowledge, complete and accurate and that it shall update all such information at any time that such information changes. The Offeror certifies that the person signing this form is authorized to sign on its behalf and, as proof, submits the Corporate Board of Director’s Resolution, or similar document authorizing the representative to enter contracts on the Offeror’s behalf.

(Signature of Authorized Representative)

(Printed Name of Authorized Representative)

(Title of Authorized Representative)

(Full Name of Offeror Entity)

(Date)

(Solicitation Number)

(Response Opening Date)