ESBD_369548_1721765249276_1 Bidding Terms and Conditions.doc

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING

1.

BIDDING REQUIREMENTS

1.1 Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of the Invitation for Bid.

1.2 Pricing must be quoted on a “per unit” basis, extended as indicated. Any trade discounts included must be itemized and deducted from extended prices. Unit Prices shall govern in the event of extension errors. Bidder guarantees product or service offered will meet or exceed specifications included as part of this invitation of Bid.

1.3 Bids should be submitted on the Invitation for Bid form. 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. Each bid that is mailed should be placed in a separate envelope completely and properly identified. Instructions on reverse side, top center. Bids must be received by the TARLETON STATE UNIVERSITY PROCUREMENT DEPARTMENT on or before the hour and date specified for the bid opening.

1.4 When sending bids via the U.S. Postal Service, use the address on the front of this invitation for Bid. When using a delivery service or hand delivering , which requires a street address, address is 201 St. Felix Street, Stephenville, TX 76401.

1.5 Late bids will not be considered under any circumstances.

1.6 Bids should be quoted “F.O.B. destination, freight prepaid and allowed” unless stated otherwise. If quoting freight otherwise, show exact delivery cost and who bears cost if not included in unit price.

1.7 Bid prices are requested to be firm for TARLETON STATE UNIVERSITY acceptance within 30 days of bid opening date. “Discount from list” bids are not acceptable unless requested. Cash discount will not be considered in determining the low bid. All cash discounts will be taken if earned.

1.8 Bids should give Vendor ID Number, full name and address of bidder (enter in the block provided if not shown). Failure to sign bid will disqualify it. Person signing bid should show title or authority to bind his or her firm in a contract. Firm name should appear on each page of a bid, in the block provided in the upper right hand corner. The Vendor ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the front side (upper right) if it is not printed. If this number is not known, complete the following: 1. Enter your Federal Employer Identification Number. 2. Sole owner should also enter Social Security Number. http://www.window.state.tx.us/taxinfo/taxforms/ap-152.pdf

1.9 Bid cannot be altered or amended after opening time. Any alterations made before opening time should be initialed by bidder or authorized agent of bidder. No bid can be withdrawn after opening time without approval by the TARLETON STATE UNIVERSITY PURCHASING DEPARTMENT based on a written acceptable reason.

1.10 Purchases made for TARLETON STATE UNIVERSITY use are exempt from the State Sales Tax and Federal Excise Tax. Do not include tax in bid. Excise Tax Exemption Certificate is available upon request.

1.11 AWARD NOTICE: TARLETON STATE UNIVERSITY 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 (3) months at the sole discretion of the TARLETON STATE UNIVERSITY PROCUREMENT DEPARTMENT.

1.12 Consistent and continued tie bidding could cause rejection of bids by TARLETON STATE UNIVERSITY and/or investigation for antitrust violations.

1.13 Other preferences as defined in Rule 1 TAC 113.8 (check any that are applicable)

Supplies, materials, equipment, or services produced in TX / offered by TX bidders

Agricultural products produced or grown in TX

Agricultural products and services offered by TX bidder

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

1.14 The telephone number for FAX submission of bids is 254-968-9838. This is the only number that will be used for the receipt of bids. TARLETON STATE UNIVERSITY shall not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive bids will not be considered.

1.15 Inquiries pertaining to Invitation for Bid (IFB) must include the IFB number and opening date.

2.

SPECIFICATIONS

2.1 Any catalogue, brand name or manufacturer’s reference used in the Invitation for Bid is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless otherwise specified. If bidding on other than reference, bid should show manufacturer, brand or trade name, and other description of the 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. If bidder fails to take an exception to specifications or reference data in his or her bid, bidder will be required to furnish brand names, numbers, etc., as specified in the IFB.

2.2 All items shall be new and unused, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB.

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

2.4 Samples, when requested, must be furnished free of expense to TARLETON STATE UNIVERSITY. If not destroyed in examination, they will be returned to the bidder, upon request, at bidder’s expense. Each sample should be marked with bidder’s name and address, and TARLETON STATE UNIVERSITY bid number. Do not enclose in or attach bid to sample.

2.5 TARLETON STATE UNIVERSITY will not be bound by any oral statement or representation contrary to the written specifications of this IFB.

2.6 Manufacturer’s standard warranty shall apply unless otherwise stated in the IFB.

3.

TIE BIDS – In case of tie bids, the award will be made in accordance with Rule 1 TAC Section 113.6 (b) (3) and 113.8 (preferences).

4.

DELIVERY

4.1 Bid should show number of calendar days required to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates supplier to complete delivery in 14 calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded.

4.2 If delay is foreseen, vendor shall give written notice to TARLETON STATE UNIVERSITY. TARLETON STATE UNIVERSITY has the right to extend delivery date if reasons appear valid. Vendor must keep the ordering agency advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes TARLETON STATE UNIVERSITY to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor.

4.3 No substitutions or cancellation permitted without written approval of the TARLETON STATE UNIVERSITY PROCUREMENT DEPARTMENT.

4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from TARLETON STATE UNIVERSITY.

5.

INSPECTION AND TESTS – All goods will be subject to inspection and test by TARLETON STATE UNIVERSITY to the extent practicable at all times and places. Authorized TARLETON STATE UNIVERSITY personnel shall have access to any 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. In the event products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods which have been delivered and rejected in whole or in part may, at Tarleton State University’s option, be returned to the supplier or held for disposition at supplier’s risk and expense. Latent defects may result in revocation of acceptance.

6.

AWARD OF CONTRACT – A response to an IFB is an offer to contract with TARLETON STATE UNIVERSITY based upon the terms, conditions and specifications contained in the IFB. Bids do not become contracts until they are accepted and an authorized purchase order is issued. The contract shall be governed, construed and interpreted under the laws of the State of Texas. The factors listed in the Texas Education Code, Title 3, Subtitle A shall also be considered in making an award when specified (http://tlo2.tlc.state.tx.us/statutes/docs/ED/content/htm/ed.003.00.000051.00.htm). Any legal actions must be filed in Erath County.

7.

PAYMENT – Supplier shall submit one copy of an itemized invoice showing order number and agency purchase order number. TARLETON STATE UNIVERSITY 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.

8.

PATENTS OR COPYRIGHTS – The supplier agrees to protect TARLETON STATE UNIVERSITY from claims involving infringement of patents or copyrights.

9.

SUPPLIER ASSIGNMENTS – Supplier hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, TEX. Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967).

10.

BIDDER AFFIRMATION – Signing this bid with a false statement is a material breach or contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

a.

The bidder 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 bid.

b.

Neither the bidder nor the firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State or the Federal Antitrust Laws (see section 9), nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

c.

Pursuant to Section 2155.004 Government Code, the bidder has not received compensation for participation in the preparation of the specifications for the IFB.

d.

Pursuant to Section 231.006(d), Family Code, re: child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

e.

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

f.

The contractor shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this purchase.

g.

Bidder certifies that they are in compliance with section 669.003of the Government Code, relating to contracting with executive head of a State agency. If section 669.003 applies, bidder will complete the following information in order for the bid to be evaluated:

Name of Former Executive: _____________________________________

Name of State Agency: _________________________________________

Date of Separation from State Agency: _____________________________

Position with Bidder: ___________________________________________

Date of Employment with Bidder: _________________________________ h.

Bidder agrees to comply with Government Code 2155.4441, pertaining to service contract use of products produced in the State of Texas.

i.

Bidder agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

j.

Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor’s Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards.

k.

The Texas A&M University System Members are federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224. (http://www.whitehouse.gov/news/orders)Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross referencing respondents/vendors with the Federal General Services Administration’s Excluded Parties List System (EPLS. http://www.epls.gov) which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.

l.

To the extent that Texas Government Code, Chapter 2270 applies to this solicitation, Respondent certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of any resultant Agreement. Respondent acknowledges any resultant Agreement may be terminated and payment withheld if this certification is inaccurate 11.

Pursuant to Section 231.006©, Family Code, bid must include Names and Social Security Numbers of each person with at least 25% ownership of the business entity submitting the bid. Enter Name & Social Security Number for each person. This information must be provided prior to the contract award.

Name: ____________________________________

Social Security Number_______________________

12.

NOTE TO BIDDER:

Any terms and conditions attached to a bid will not be considered unless the bidder specifically refers to them on the front of the IFB and may result may result in disqualification of the bid, (e.g. bids with the laws of a State other than Texas, requirements for prepayment, limitations on remedies, etc.)

13.

ALTERNATIVE DISPUTE RESOLUTION – The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by TARLETON STATE UNIVERSITY, and the vendor to attempt to resolve any claim for breach of contract made by vendor:

(a) Vendor’s claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Texas Government Code. To initiate the process, vendor shall submit written notice, as required by subchapter B, to Dr. Brett Powell. Said notice shall also be given to all other representatives of TARLETON STATE UNIVERSITY and vendor otherwise entitled to notice under the parties’ contact. Compliance by vendor with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Texas Government Code.

(b) The contested case process provided in Chapter 2260, subchapter C, of the Texas Government Code is vendor’s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by TARLETON STATE UNIVERSITY if the parties are unable to resolve their disputes under subparagraph (a) of this paragraph.

(c) Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Ch. 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by TARLETON STATE UNIVERSITY nor any conduct of any representative of TARLETON STATE UNIVERSITY thereafter shall be considered a waiver of sovereign immunity to suit.

(1) The submission, processing, and resolution of vendor’s claim is governed by the published rules as adopted by the Office of the Attorney General of the State of Texas pursuant to Chapter 2260 as currently effective, hereafter enacted or subsequently amended.

(2) Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of the performance by vendor, in whole or in part.

(3) The designated individual responsible on behalf of TARLETON STATE UNIVERSITY for examining any claim or counterclaim and conducting any negotiations related thereto, as required under 2260.052 of the Texas Government Code shall be Dr. Brett Powell.

14.

NON-APPROPRIATON OF FUNDS: The State’s funds are contingent on the availability of lawful appropriations by the Texas Legislature. If the Texas Legislature fails to continue funding for the payments due under an order referencing this contract, the order will terminate as the date that the funding expires, and the State will have no further obligation to make any payments.

15.

PUBLIC INFORMATION ACT – Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”). Any part of the solicitation response that is of a confidential nature must be clearly and prominently marked as such by the respondent.