ESBD_369619_1722001292825_IFB 2476-MK Coastal Protection Replacement Boat.pdf

Texas General Land Office -1- IFB 2476-MK

TEXAS GENERAL LAND OFFICE

INVITATION FOR BIDS NO. 2476-MK

Coastal Protection Replacement Boat & Trailer

Class 120 / Items 00, 22

Release Date: July 26, 2024 Deadline for Submission: August 16, 2024 at 2:00 p.m. CT

Solicitation Point of Contact: Mike Klepfer, CTCM, CTCD

Mike.Klepfer@GLO.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all bidders in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Mike.Klepfer@GLO.Texas.Gov http://www.txsmartbuy.com/esbd

Texas General Land Office -2- IFB 2476-MK

TABLE OF CONTENTS

INVITATION FOR BIDS SIGNATURE PAGE

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 Executive Summary

1.2 Definitions

1.3 Authority

ARTICLE II. SPECIFICATIONS

2.1 Item Specifications and Delivery Instructions

2.1.1 Item Specifications

2.1.2 Delivery of Items

2.1.3 Special Instructions

2.2 Contract Term

2.3 No Guarantee of Volume or Usage

2.4 Performance Tracking

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 Schedule of Events

3.2 Inquiries

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.3 Bid Composition

3.3.1 General Requirements

3.3.2 Costs

3.4 Bid Submission and Delivery

3.4.1 Deadline

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

3.5 Historically Underutilized Business (HUB)

3.6 Vendor Performance Reporting

ARTICLE IV. TERMS, CONDITIONS AND EXCEPTIONS

ARTICLE V. SUBMISSION CHECKLIST

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EXHIBIT A. PRICE SCHEDULE ...................................................................................................... A-1 EXHIBIT B. PO TERMS AND CONDITIONS .................................................................................B-1

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TEXAS GENERAL LAND OFFICE

INVITATION FOR BIDS - SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID.

CHECK BELOW TO CLAIM A PREFERENCE UNDER TITLE 34 TAC §20.306.

In case of tie bids, one or more preferences described in Title 34 TAC § 20.306 and listed below will be used to make an award. Tie bids which cannot be resolved by application of one or more preferences shall be made by drawing lots.

(__) Supplies, materials, equipment, or services produced in Texas/offered by Texas bidders or Texas bidder that is owned by a service-disabled veteran (__) Agricultural products produced/grown in Texas (__) Agricultural products and services offered by Texas bidders (__) Texas vegetation native to the region for landscaping purposes (__) 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 (__) Covered television equipment (__) Energy efficient products (__) Rubberized asphalt paving material (__) Recycled motor oil and lubricants (__) Products and services from economically depressed or blighted areas (__) Products produced at facilities located on formerly contaminated property (__) Vendors that meet or exceed air quality standards (__) Paper containing recycled fibers (__) Recycled Computer Equipment of other manufacturers (__) Foods of Higher Nutritional Value (__) Travel agents residing in Texas

Late bids will NOT be considered under any circumstances.

Award will be posted on http://txsmartbuy.com/esbd.

Bidder must sign bid – the laws of the State of Texas must prevail on all bids. By signing this signature page, Bidder certifies that if a Texas address is shown as the address of the Bidder, Bidder qualifies as a Texas Bidder, as defined in Texas Government Code Sec. 2155.444.

Please enter your Federal Employer’s Identification Number/Taxpayer Identification Number (TIN). Please attach a signed copy of IRS form W-9, Request for Taxpayer Identification Number and Certification.

TIN: _____________________________________________ Phone: (______) - _________________________

Business Name: ___________________________________ Email Address: ____________________________

Address: _________________________________________ HUB Certified? [ ] Yes [ ] No

City-State-Zip: ____________________________________ HUB #: __________________________________

Signature: _______________________________________ Print Name: _______________________________

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a bid and waive minor technicalities. The State will award the contract to best serve the interests of the State.

GLO Purchasing Contact: IFB No.: 2476-MK Mike Klepfer, CTPM, CTCM IFB Deadline August 16, 2024, 2:00 P.M. CT Mike.Klepfer@glo.texas.gov Upload Bids to Box: Upload Bids Here

NOTE: THIS FORM MUST BE COMPLETED & RETURNED WITH THE BID

http://txsmartbuy.com/esbd mailto:Mike.Klepfer@glo.texas.gov https://txglo.app.box.com/f/64afa56f3af2424dbcad86c37acb5f6a

Texas General Land Office -2- IFB 2476-MK

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) issues this Invitation for Bids (“IFB”) to solicit bids for a coastal protection boat and trailer as specified in Exhibit A, Price Schedule. Please see Section

2.1 for complete product specifications.

The GLO will consider best value for the state as directed by Texas Government Code §2155.074 when awarding contract(s). Bidders must complete and execute this IFB form. Additional information on the GLO and its programs can be found at http://www.glo.texas.gov.

1.2 DEFINITIONS

“Addendum” means a written clarification or revision to the IFB issued by the General Land Office. Bidders must acknowledge receipt of any addenda in the submission of the Bid.

“ARO” means After Receipt of the Order.

“Bid” means the response submitted by a Bidder to the GLO in response to this solicitation.

“Bidder” or “Respondent” means any person or vendor who submits a bid in response to this solicitation.

“Contract” means the Purchase Order (“PO”) awarded as a result of this IFB and all exhibits thereto. This IFB, any Addendum issued in conjunction with this IFB, the successful Bidder’s bid, and subsequent submission by Bidder, shall all fully be incorporated into the Contract as exhibits.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.com/esbd.

“FOB” means Free On Board.

“FOB Destination” means the seller retains the risk of loss until the goods reach the buyer.

“GLO” means the Texas General Land Office.

“HUB” means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code.

“IFB” means Invitation for Bids.

“Solicitation” means this IFB.

“State” means the State of Texas, any state agency and officers, employees, or authorized agents of the State of Texas.

http://www.glo.texas.gov/

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“TAC” means Texas Administrative Code.

1.3 AUTHORITY

The GLO is soliciting the goods listed herein under applicable sections of Chapters 2155, 2156 and 2261 of the Texas Government Code; Chapters 33, and 51 of the Texas Natural Resources Code; and Title 34, Section 20.206(a)(1) of the Texas Administrative Code.

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ARTICLE II. SPECIFICATIONS

2.1 ITEM SPECIFICATIONS AND DELIVERY INSTRUCTIONS

2.1.1 Item Specifications

The GLO is requesting bids for a new, 2024 or 2025 model marine vessel with catamaran design hull, outboard motor and tandem axle trailer.

New Equipment ONLY: NO re-manufactured or "gray market" items. All items must be covered by the manufacturer's warranty. The unit shall be made ready for continuous operation upon delivery. A used or pre-owned vessel in not acceptable. Respondent is cautioned that any unit delivered to the FOB Destination point that does not meet specifications in every aspect will not be accepted.

2.1.1.1 Marine vessel with motor(s) minimum requirements:

a) Vessel must be fiberglass with a gel coat finish. Wooden hulls are not acceptable.

b) Vessel must be a catamaran design hull.

c) The vessel stern must be high enough to provide a dry ride as well as stability.

Respondent must provide stern height dimensions with response.

d) Response shall contain the following minimum information:

• Plan view drawing of the arrangement of the main deck.

• Profile view drawing of vessel, showing design water line, fully loaded.

e) Dimensions:

• Overall Length: 23' - 25'.

• Beam: 8' - 10'.

• Draft: maximum of 9” when fully loaded.

f) Hull weight shall be a minimum of 1600 lbs. and maximum of 1700 lbs. The boat must be able to be towed behind a medium duty truck (3/4 ton).

g) Vessel must have an outboard 4-stroke motor with a minimum of 225 horsepower that meets or exceeds specification for a Yamaha Vmax SHO (Super High Output) 225 – 4.6 liter, V6, 24 valve.

h) Prop must be stainless steel.

i) Vessel must have a minimum 40-gallon fuel capacity.

j) Vessel must feature, (at a minimum):

• center console with tinted windscreen and hydraulic steering;

• running lights and anchor lights;

• two forward storage compartments;

• aft deck compartment storage;

• transom wedges;

• jack plate for motor with minimum 10” setback;

• two coolers. each with minimum of 90-quart capacity, cushion's and aluminum cooler brackets;

• minimum of 4 stainless steel, pull-up mooring;

• aluminum handrails;

Texas General Land Office -5- IFB 2476-MK

• aluminum K-top with canvas cover;

• hydraulic steering;

• batteries and on board battery charger;

• on/off battery switch;

• console, windshield and grabrail;

• cockpit lights;

• LED navigation lights;

• 12-volt accessory jack; and

• springline cleats.

k) Warranty Term: minimum of 1 year. Response to include warranty info & maintenance.

l) Respondent shall specify authorized service providers for maintenance within 25 miles of Corpus Christi, Texas.

m) Vessel must be turnkey ready within forty-five days of Purchase Order award.

n) Respondent must be able to perform sea trials in Corpus Christi Bay prior to delivery with GLO representative onsite to verify vessel operates and meets all specification requirements.

2.1.1.2 Tandem axle trailer minimum requirements:

a) Trailer must feature, (at a minimum):

• saltwater package/series

• tandem axle

• aluminum trailer only

• 14 – 15-inch wheels aluminum with vortex sealed bearing

• fenders above tires, fenders to have no carpet or wood

• step plates with no sharp edges

• spare tire mount with spare tire and hub

• 2,100-pound winch strap with heavy duty safety chain

• poly side and bunks or similar durable material

• swivel tongue jack with dual wheels – 1,500-pound or greater

• submersible trailer lights with round 7-wire plug – all heat shrunk connectors

• heavy duty hitch to fit 2-inch ball

• guide posts aluminum with PVC

2.1.2 Delivery of Items

Bidder shall ensure items are delivered to the location specified within the calendar days indicated by the Bidder on Exhibit A, Price Schedule, which can be no later than ninety

(90) calendar days from date of purchase order.

2.1.3 Special Instructions

Bid shall include all labor, materials, tools, supplies, equipment, insurance, and personnel, including, but not limited to, standard shipping, delivery, travel expenses, associated costs

Texas General Land Office -6- IFB 2476-MK and incidental costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this IFB.

2.2 CONTRACT TERM

The GLO intends to award one purchase order for the goods requested under this Solicitation. The GLO, at its own discretion and subject to applicable limitations in the General Appropriations Act and other law, may extend any Contract awarded pursuant to this Solicitation, upon mutual written agreement of the parties and in accordance with the Contract.

2.3 NO GUARANTEE OF VOLUME OR USAGE

The GLO makes no guarantee of volume or usage under any Contract resulting from this Solicitation; all quantities specified in the Solicitation are estimates.

2.4 PERFORMANCE TRACKING

GLO will monitor the performance of the Contract issued under this IFB. All goods under the Contract must be provided in a manner consistent with this IFB and the Contract. All deliverables must be submitted in accordance with the timeline agreed upon at contract execution.

Texas General Land Office -7- IFB 2476-MK

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation

July 26, 2024

Deadline for Submitting Questions August 2, 2024 at 5:00 p.m. CT

Anticipated Release Date of Answers to Questions

August 7, 2024

Deadline for Submission of Bids

August 16, 2024 at 2:00 p.m. CT

Expected Notice of Award /Issuance of PO

August 30, 2024

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Bids upon notice posted on the Electronic State Business Daily (ESBD) website at: http://www.txsmartbuy.com/esbd.

Please search under Agency Code 305 (General Land Office). Any modification of dates after the deadline for submission of Bids will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name: Mike Klepfer, CTCM, CTCD Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Mike.Klepfer@glo.texas.gov

If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

Name: Sarah Bergmann, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Sarah.Bergmann@GLO.Texas.Gov mailto:Mike.Klepfer@glo.texas.gov mailto:Sarah.Bergmann@GLO.Texas.Gov

Texas General Land Office -8- IFB 2476-MK

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Bidders’ names shall be removed from questions in the responses released. Submissions that deviate from the format prescribed below may not be accepted. Questions shall be submitted in the following format:

a) Identifying Solicitation number in email subject

b) Section number

c) Text of passage being questioned

d) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above. Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at:

http://www.txsmartbuy.com/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Bidder’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section 3.2.1 above, the GLO, their representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Bidder or their representative(s).

Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Failure to observe this restriction may disqualify the Bidder. Bidder shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

3.3 BID COMPOSITION

3.3.1 General Requirements

Bidder shall complete and upload all documents requested in Article V, Submission Checklist, as one Portable Document Format (.pdf) file to the Box™ URL specified in Section 3.4.3. Bidder shall prepare a clear and concise Bid that focuses on the instructions and requirements of the Solicitation.

Any terms and conditions attached to a Bid will not be considered unless specifically referred to in this Solicitation and may result in disqualification.

http://www.txsmartbuy.com/sp

Texas General Land Office -9- IFB 2476-MK

3.3.2 Costs

The GLO will not reimburse the Bidder for any cost incurred in preparation or submission of its Bid. The Bidder is responsible for any expense related to the preparation and submission of its Bid.

3.4 BID SUBMISSION AND DELIVERY

3.4.1 Deadline

Bids must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Bidders may submit their Bids any time prior to that deadline. Box™ shall time stamp all uploaded Bids; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall include Bidder’s company name and the title of the document; for example: “Company X: Bid.”

3.4.3 Delivery

Bidders must upload Bids to the following Box™ URL:

Box Link: Upload Here or https://txglo.app.box.com/f/64afa56f3af2424dbcad86c37acb5f6a

The GLO shall not accept Bids submitted by any other means. Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Bids may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Bids. The GLO may request proof of authorization before accepting modifications, alterations, or withdrawal requests.

3.5 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

The GLO is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. The GLO encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic and gender-neutral means. Pursuant to Texas Government Code §2161.181 and §2161.182, and the

Texas General Land Office -10- IFB 2476-MK

GLO’s HUB policy and rules, the GLO makes a good-faith effort to increase HUB participation in its contracts. The GLO does this by contracting directly with HUBs or indirectly through subcontracting.

It is the policy of the General Land Office to promote and encourage contracting and subcontracting opportunities for State of Texas certified Historically Underutilized Businesses (HUBs) in compliance with Texas Government Code, §2161.001-253 and TAC Rule §20.285.

Definitions for State of Texas HUB-certifiable businesses may be found under TAC Rule §20.282.

The GLO encourages eligible Respondents to become State of Texas certified HUBs. State of Texas HUB applications may be found at: https://texashub.gob2g.com. An evaluation of potential subcontracting opportunities was conducted for this contract in accordance with Texas Government Code §2161.252, and it was determined that this contract does not contain any probable subcontracting opportunities. Therefore, GLO is not requiring a HUB Subcontracting Plan (HSP) to be submitted with responses to this solicitation.

3.6 VENDOR PERFORMANCE REPORTING

The GLO is required by rule (34 TAC §20.509) to report vendor performance through the Vendor Performance Tracking System (VPTS). Additional information on this system can be found on the Texas Comptroller of Public Accounts website through this link:

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

As of January 24, 2017, the VPTS reporting methodology was revised so that vendors are assigned a letter grade (A-F) rather than the historic satisfactory/unsatisfactory ratings. The report grades for historic reports will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory.” New reports will be graded on the A-F scale as now required by statute. A Bidder’s past performance shall be measured in the VPTS by a letter grade that combines any historic ratings with ratings using the new letter grade system in the method described in 34 TAC §20.115.

The GLO is required to consider past performance when determining contract award as part of the “Best Value” standard, in compliance with applicable provisions of Texas Government Code §§2155.074, 2155.075, 2155.149, and 2156.125. The GLO may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, the GLO may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of the GLO, and any negative findings, as determined by the GLO, may result in non-award to the Bidder.

https://texashub.gob2g.com/ https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=182505&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=34&pt=1&ch=20&rl=115

Texas General Land Office -11- IFB 2476-MK

ARTICLE IV. TERMS, CONDITIONS AND EXCEPTIONS

Any purchase order awarded as a result of this IFB will contain the general terms and conditions attached hereto as Exhibit B (Purchase Order Terms and Conditions). The Purchase Order (PO) terms and conditions and the IFB terms and conditions listed below in this section apply to and become part of all bids submitted in response this IFB and all goods and services delivered pursuant to this IFB. If the PO terms and conditions conflict with the terms and conditions listed below, the PO terms and conditions shall take precedence. Subcontractors must also comply with the PO terms and conditions and the terms and conditions listed below.

1. BIDDING REQUIREMENTS:

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

1.2 Bids shall 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.

1.3 Bids must be time stamped as described in the IFB on or before the hour and date specified for the bid opening.

1.4 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.

1.5 Quotes are FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.6 Bid prices must be firm for GLO acceptance for 120 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.

1.7 Bidder shall enter its Federal Employer’s Identification Number/Taxpayer Identification Number (TIN), full firm name, and address on the form. Enter this information 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.

1.8 Bid cannot be altered or amended after opening time. Alterations made before opening time must be initialed by bidder or its authorized agent. No bid can be withdrawn after opening time without a written request and justification approved by the GLO.

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

2. AWARD NOTICE:

2.1 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.

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

2.3 The State shall not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive bids will not be considered. Call 512-463-5098 for bid receipt confirmation.

2.4 Inquiries pertaining to this IFB must include the bid number, class/item codes, and opening date.

3. SPECIFICATION:

3.1 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 of the Texas Government 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 must be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brands names, numbers, and other information the GLO requests.

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

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

3.4 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, address, and bid number. Do not enclose in or attach bid to sample.

3.5 The State will not be bound by any oral statement or representation contrary to the written specifications of this IFB.

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

4. TIE BIDS:

4.1 Awards will be made in accordance with regulations adopted by the Texas Comptroller of Public Accounts.

5. DELIVERY:

5.1 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. The GLO may reject a bid it determines contains an unrealistic delivery time.

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

5.3 Default in promised delivery (without prior acceptance by the GLO) or failure to meet specifications authorizes the GLO to

Texas General Land Office -12- IFB 2476-MK purchase the goods or services described in this IFB elsewhere and charge any increased costs for the goods or services, including the cost of re-bidding, to the bidder.

5.4 No substitutions are permitted without written approval of GLO.

5.5 Delivery shall be made during normal working hours only, unless prior approval has been obtained from the GLO.

6. INSPECTION AND TESTS:

All goods may be subject to inspection and test by the State. Authorized GLO 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. Bidder shall bear all costs of testing if products tested fail to meet or exceed all specifications. 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.

7. 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 a 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, 2155.441, 2156.010, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award when specified. Any legal actions must be filed in a court of competent jurisdiction in Travis County, Texas in accordance with section 24 of this Article IV.

8. PAYMENT:

Before authorizing payment to Bidder, the GLO shall evaluate Bidder’s performance using the performance standards set forth in the Contract. Bidder shall submit invoices to the GLO for delivered goods or completed services not later than the 15th day of the month after delivery or completion. The GLO shall make no payments without Bidder’s prior submission of detailed, correct invoices. The GLO shall make payments in accordance with Texas Government Code Chapter 2251. Payments under the Contract are subject to the availability of appropriated funds. Bidder acknowledges and agrees that payments due under the Contract are contingent upon the GLO’s receipt of funds appropriated by the Texas Legislature and the contract is subject to termination in whole or in part, without penalty to the GLO, if such funds are not appropriated. ALL Bidder invoices shall: 1) be submitted via email to VendorInvoices@GLO.TEXAS.GOV; 2) be supported by documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and 3) prominently display the Purchase Order number. Payment may be delayed if Bidder does not submit invoices in strict accordance with the instructions in this section. The GLO shall not pay interest, fees, or other penalties for late payments resulting from Bidder's failure to submit invoices in strict accordance with the instructions in this section.

9. PATENTS, TRADEMARKS, OR COPYRIGHTS:

The bidder agrees to defend, indemnify, and hold harmless the GLO and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the GLO’s or the State’s use of any good or service provided by the bidder as a result of this IFB.

10. BIDDER ASSIGNMENTS:

Bidder hereby assigns to the GLO 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, including Texas Business and Commerce Code Chapter 15. Bidder shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the GLO. Any attempted assignment in violation of this provision is void and without effect.

11. BIDDER AFFIRMATIONS:

Bidder represents and warrants that all statements and information prepared and submitted in its bid are current, complete, true, and accurate. Submitting a bid with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the bid and any resulting contract, and the bidder shall be removed from all bid lists. By signing their bid, the bidder certifies that:

11.1 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.

11.2 Bidder represents and warrants that neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership, or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

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

11.4 Pursuant to §231.006(d), Texas Family Code, regarding delinquent child support obligors, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Bidder must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid who is more than 30 days delinquent in paying child support. This information must be provided prior to award. Enter the Name and Social Security Numbers for each person below:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

Texas General Land Office -13- IFB 2476-MK

11.5 Under §2155.004 Government 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.

11.6 As required by §2252.903, Government 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 Comptroller of Public Accounts (CPA) under §403.055, 403.0551, 2252.903, Government Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

11.7 Pursuant to §669.003, Government Code, neither the GLO or VLB may not enter into a contract with a person who employs a current or former executive head of the GLO until four years have passed since that person was the executive head of the GLO.

By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of the GLO in the past four years. If bidder does employ a person who was the executive head of the GLO, 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:

11.8 In accordance with §2155.4441, Government 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.

11.9 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://www.sam.gov/portal/public/SAM

11.10 Sections 2155.006 and 2261.053, Government 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, Government Code, occurring after September 24, 2005. Under §2155.006, Government 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.

11.11 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, Government Code, relating to the prohibition of using state funds for lobbying activities.

11.12 Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to GLO 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.

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

11.14 Bidder represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code.

Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552 of the Government Code, may apply to the Contract and the bidder agrees that the Contract can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

11.15 Upon request of the GLO, bidder shall provide descriptions of its business continuity and disaster recovery plans.

11.16 Under Section 2155.0061 of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid 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.

11.17 If bidder is submitting a bid for the purchase or lease of covered television equipment, then bidder certifies that it is compliant with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

11.18 Bidder certifies that if a Texas address is shown as the address of the bidder on its bid, bidder qualifies as a Texas Bidder, as defined in Section 2155.444(c) of the Texas Government Code.

12. NOTE TO BIDDER:

If bidder takes any exceptions to any provision 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. Any terms and conditions bidder attaches to its bid will not be considered unless specifically referred to in the bid. The GLO reserves the right to accept or reject any term or condition bidder attaches to its bid.

https://www.sam.gov/portal/public/SAM

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13. 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 in accordance with 31 TAC Rule 3.50.

14. DISPUTE RESOLUTION:

Except as otherwise provided by statute, rule, or regulation, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used by the bidder to attempt to resolve any dispute arising under any contract resulting from this IFB.

NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.

15. NON-APPROPRIATION OF FUNDS:

Any contract resulting from this IFB is subject to termination or cancellation, without penalty to GLO, either in whole or in part, subject to the availability of state funds. The GLO is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If GLO becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render GLO’s or bidder’s delivery or performance under the contract impossible or unnecessary, the GLO may terminate the contract without penalty. In the event of a termination or cancellation under this Section, GLO will not be liable to bidder for any damages, which are caused or associated with such termination or cancellation and GLO will not be required to give prior notice.

16. TEXAS PUBLIC INFORMATION ACT:

Notwithstanding any provisions of this IFB to the contrary, bidder understands that GLO will comply with the Texas Public Information Act (Chapter 552, Government Code) as interpreted by the courts and Attorney General of the State of Texas. Information, documentation, and other material related to this Solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, bidder must make any information created or exchanged with the State or the GLO pursuant to this IFB or the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State or the GLO. Within three (3) days of receipt, bidder will refer to GLO any third-party requests received directly by bidder, for information to which bidder has access as result of or in the course of performance under any contract resulting from this IFB. Any part of the Bid that is of a confidential or proprietary nature must be clearly and prominently marked as such by the bidder.

17. CONFLICT OF INTEREST:

Under §2155.003 of the Texas Government Code, a GLO 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; 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 Ethnics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of GLO. Bidder has disclosed in writing to the GLO all existing or potential conflicts of interest related to its bid and the performance of the contract.

18. FORCE MAJEURE:

Neither bidder nor GLO, 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 reasonable 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.

19. INDEPENDENT CONTRACTOR:

Bidder is and shall remain an independent contractor in relationship to the GLO. The GLO shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against the GLO 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.

20. INDEMNIFICATION: Bidder shall indemnify, defend, and hold harmless the General Land Office, and/or THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Bidder or its agents, employees, subcontractors, order fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY BIDDER WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND CBIDDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF

THE ATTORNEY GENERAL.

21. INFRINGEMENTS:

a) Bidder shall indemnify, defend, and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in

Texas General Land Office -15- IFB 2476-MK connection with the PERFORMANCES OR ACTIONS OF BIDDER PURSUANT TO THIS CONTRACT. BIDDER AND THE GLO AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. BIDDER SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY BIDDER WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND BIDDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING

THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL.

b) Bidder shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Bidder’s written approval, (iii) any modification made to the product by the Bidder pursuant to GLO’s specific instructions (iv) any intellectual property right owned by or licensed to GLO, or (v) any use of the product or service by GLO that is not in conformity with the terms of any applicable license agreement.

c) If Bidder becomes aware of an actual or potential claim, or GLO provides Bidder with notice of an actual or potential claim, Bidder may (or in the case of an injunction against GLO, shall), at Bidder’s sole option and expense; (i) procure for the GLO the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that GLO’s use is non-infringing.

22. RIGHT TO AUDIT:

In addition to and without limitation on the other audit provisions of this IFB, pursuant to §2262.154, 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 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 GLO to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.154, Texas Government Code. Bidder will ensure that this clause concerning the authority to audit funds received by subcontractors through the bidder and the requirement to cooperate is included in any subcontract it awards.

23. FRAUD:

Bidder understands that the GLO does not tolerate any type of fraud. The GLO’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, GLO policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Bidders are expected to report any possible fraudulent or dishonest acts, waste, or abuse as prescribed on the GLO’s website, http://glo.texas.gov.

24. APPLICABLE LAW AND VENUE:

Bidder agrees that the Contract in all respects will be governed by and construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws.