ESBD_370904_1722884765942_P30601 .pdf

INVITATION TO BID

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CONTRACTS AND PROCUREMENT

Page_1_ of 4

IF NOT BIDDING

DO NOT RETURN THIS FORM.

ISSUE DATE: August 5, 2024

BID NO. P30601

BID OPENING 3:00 P.M. August 19, 2024 PURCHASER: Naomi Cruz

PHONE: 936-437-3845

DELIVERY IN DAYS, CASH DISCOUNT % DAYS OR NET 30

Check below if preference claimed under 34 TAC Rule 20.306 U 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

U Agriculture products produced or grown in TX U Agriculture products and services offered by TX bidders U Services offered by a Texas bidder that is owned by a

Texas resident service-disabled veteran

IF BIDDING

Each bid must be placed in a separate envelope with bid opening date, bid number, and purchaser name annotated immediately below return address on SEALED BID

ENVELOPE

...,. FAILURE TO SIGN WILL DISQUALIFY BID ...,.

AUTHORIZED SIGNATURE DATE

TYPED NAME OF SIGNER

IF BIDDING, RETURN SEALED BIDS TO:

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 703

HUNTSVILLE, TEXAS 77340

...,. VENDOR ADDRESS AND IDENTIFICATION NUMBER...,.

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

U Texas vegetation native to the region U USA produced supplies, materials, equipment or agricultural products U Products of persons with mental or physical disabilities U Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

U Energy efficient products U Rubberized asphalt paving material U Recycled motor oil and lubricants U Products produced at facilities located on formerly contaminated property (_) Products and services from economically depressed or blighted areas U Vendors that meet or exceed air quality standards U Recycled or reused computer equipment of other manufacturers U Foods of Higher Nutritional Value (for consumption in a public cafeteria only) U Commercial production company or advertising agency located in Texas

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 in Section 2155.44© of the Texas Government Code

❖ Bidder agrees to comply with all terms and conditions below and on attached pages

QUOTE F.O.B. DESTINATION PREPAID AND ALLOWED

VENDOR ID NUMBER

See Bid Requirement 1.7 for Vendor ID Number instructions

AGENCY TO INVOICE

Texas Department of Criminal Justice Accounts Payable P.O. Box 4018 Huntsville, TX 77342-4018

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE

This solicitation is being advertised under TX. Gov’t. Code, Section 2155.067. The issuing office believes that the requested items are proprietary to one manufacturer and/or to the specifications. Only responses conforming exactly to these specifications will be considered in determining an award. The issuing office strongly encourages responses form all qualified vendors who may be able to provide the specified items.

The Texas Department of Criminal Justice (TDCJ) is currently requesting bids to establish a blanket purchase order for the procurement of hardbound publications and all updates.

BU-70.1A (Rev. 08/18)IFB

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 703

HUNTSVILLE, TX 77340

BIDDER MUST FILL IN

Continuation Page 2 of 4

Bid Submission Requirements:

Electronic submission (preferred)

Use the following email address to submit a response electronically:

BIDS@TDCJ.TEXAS.GOV

The email subject line should contain the solicitation number.

The bidder is solely responsible for ensuring that its response is received by the TDCJ before the deadline at the proper destination server. It is recommended that bidder begin the process well in advance of the bid submission time on the opening date.

The TDCJ recommends a limit of 10 MB of attachment per email. To meet this limit, a response may be split into multiple emails.

In addition, please be aware that your internet service provider may limit the size of attachments to outgoing mail.

All documents should be submitted in Microsoft Office formats (Word and Excel) or in a form that may be read by Microsoft Office software. Any documents with signatures shall be submitted as an Adobe Portable Document Format (PDF) File. Responses in other formats may be disqualified.

The TDCJ takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software.

To confirm receipt of electronic submission, request confirmation by email.

*** Faxed bids will not be accepted. ***

Hard Copy Submission

In lieu of electronic submission, the TDCJ currently accepts hard copy responses. Bidder must submit one

(1) original signed paper copy.

The TDCJ will document receipt of hard copy responses with a time stamp.

Bids must be received by the date and time stated on the invitation for bid documents or any amendments that extend the opening date.

Submit bids (Monday – Friday, except state holidays from 8:00 AM to 5:00 PM) to:

TDCJ Contracts and Procurement 2 Financial Plaza, Suite 703 Huntsville, TX 77340 Solicitation Number: P30601 Attention: Naomi Cruz Anaya

BU-70.1A (Rev. 08/18) IFB

Offer Opening Date: August 19, 2024 Offer Number: P30601 Name of Bidder: _________________

TWO FINANCIAL PLAZA, STE. 703

HUNTSVILLE, TX 77340

Offer Opening Date: August 19, 2024 Offer Number: P30601 Name of Bidder: _________________ BIDDER MUST FILL IN

The term of this blanket purchase order will be September 1, 2024, through August 31, 2025, with two (2), one

(1) year renewal options.

Through mutual agreement the resulting contact may be extended for two (2) additional one (1) year periods. If extended, each extension shall expire on August 31 of the extension period.

Optional renewal periods:

1st renewal option: September 1, 2025, through August 31, 2026 2nd renewal option: September 1, 2026, through August 31, 2027

Any extensions shall be under the same terms and conditions as the original contract.

TDCJ reserves the right to increase or decrease this blanket. Such changed will be authorized by a purchase order change notice executed by a TDCJ authorized purchaser.

The TDCJ reserves the right to cancel this contract, without cause, with a thirty (30) day written notice to vendor.

All communications and questions concerning this solicitation, including any of a technical nature, shall be made in writing to the purchaser referenced on this solicitation. Bidders are specifically barred from making contact with any user department personnel involved in this solicitation for the purpose of discussing this solicitation.

Violation may result in bidder disqualification.

Bidders are encouraged to make contact with either POC between the hours of 7:30 AM through 4:30 PM, Monday through Friday, either by email or telephone. Please contact Naomi Cruz as the primary contact. All contact information is on the last page of this solicitation.

Please be advised that the deadline for all questions concerning this solicitation will be August 8, 2024 at 10:00 AM (CST). Any requests for further information will not be considered after this date and time. Answers will be posted to the Electronic State Business Daily (ESBD) in the form of an amendment. The anticipated posting date for the amendment is August 12, 2024.

Bidders are cautioned to read carefully the specification(s). Bidders must direct our attention to any exceptions to the specification(s); even though your catalog or spec sheet may or may not list specifications for your products.

Bidder is requested to provide the name, phone number and email address of a point of contact for the submitted response however, bidder is hereby advised that this point of contact will not be recognized as or accepted in lieu of the ‘authorized signature’ requirements of this invitation for bid.

Name: _________________________________________ Phone: _________________________________________ Email: __________________________________________

Class/Item QTY UEM UNIT PRICE EXTENSION

715-46 12 MO __________ ___________

Hardbound publications with subscription updates to legal Research material as available. This is a yearly one-time Purchase along with all updates.

BU-70.1A (Rev. 08/18) IFB

Continuation Page 3 of 4

TWO FINANCIAL PLAZA, STE. 703

HUNTSVILLE, TX 77340

Continuation Page 4 of 4

Offer Opening Date: August 19, 2024 Offer Number: P30601 Name of Bidder: _________________ BIDDER MUST FILL IN

Delivered to unit law libraries and administrative offices statewide. Invoices to be paid from matching invoice and material receiving reports as statutes are established and updates shipped.

** See attachments for detail of subscriptions, unit locations ** and terms and conditions.

Inquiries concerning this IFB may be directed to:

Naomi Cruz, CTCD TDCJ, Contracts and Procurement Two Financial Plaza, Suite 703 Huntsville, TX 77340 Phone: 936-437-3845 Email: Naomi.Cruz2@tdcj.texas.gov

Kelly Haynes, CTCD, CTCM TDCJ, Contracts and Procurement Two Financial Plaza, Suite 703 Huntsville, TX 77304 Phone: 936-437-3861 Email: Kelly.Haynes@tdcj.texas.gov

BU-70.1A (Rev. 08/18) IFB

LMA Subscription Unit Locations

ACCESS TO COURTS

Attn: Law Library 2 Financial Plaza Ste. 105 Huntsville, TX 77340

(936) 437-3465

ALLRED UNIT

Attn: Law Library 2101 FM 369 North Iowa Park, TX 76367

(940) 855-7477

BELL UNIT

Attn: Law Library 901 East 5th Street Cleveland, TX 77327

(281) 592-9559

BETO UNIT

Attn: Law Library

1391 FM 3328

Tennessee Colony, TX 75880

(903) 928-2217

BOYD UNIT

Attn: Law Library 200 Spur 113 Teague, TX 75860-2007

(254) 739-5555

BRISCOE UNIT

Attn: Law Library 1459 West Highway 85 Dilley, TX 78017

(830) 965-4444

BYRD UNIT

Attn: Law Library

21 FM 247

Huntsville, TX 77320

(936) 295-5768

C. MOORE

1700 North FM 87 Bonham, TX 75418

(903) 583-4464

CLEMENS UNIT

Attn: Law Library 11034 Hwy 36 Brazoria, TX 77422

(979) 798-2188

CLEMENTS UNIT

Attn: Law Library 9601 Spur 591 Amarillo, TX 79107-9606

(806) 381-7080

COFFIELD UNIT

Attn: Law Library

2661 FM 2054

Tennessee Colony, TX 75884

(903) 928-2211

COLE STATE JAIL

Attn: Law Library 3801 Silo Road Bonham, TX 75418

(903) 583-1100

CONNALLY UNIT

Attn: Law Library

899 FM 632

Kenedy, TX 78119

(830) 583-4003

COTULLA UNIT

Attn: Law Library

610 FM 624

Cotulla, TX 78014

(830) 879-3077 sets set set set set set set set set set set set set set

CRAIN UNIT

1401 State School Road Gatesville, TX 76599-2999

(254) 865-8431

DALHART UNIT

Attn: Law Library

11950 FM 998

Dalhart, TX 79022

(806) 249-8655

DANIEL UNIT

Attn: Law Library 938 South FM 1673 Snyder, TX 79549

(325) 573-1114

DIBOLL UNIT

Attn: Law Library 1604 S. 1st Street Diboll, TX 75941

(936) 829-2295

DOMINGUEZ UNIT

Attn: Law Library 6535 Cagnon Road San Antonio, TX 78252-2202

(210) 675-6620

DUNCAN UNIT

Attn: Law Library 1502 South First Street Diboll, TX 75941

(936) 829-2616

ELLIS UNIT

Attn: Law Library

1697 FM 980

Huntsville, TX 77343

(936) 295-5756

ESTELLE UNIT

264 FM 3478

Huntsville, TX 77320-3320

(936) 291-4200

ESTES UNIT

Attn: Law Library

1100 HWY 1807

Venus, TX 76084

(972) 366-3334

FERGUSON UNIT

Attn: Law Library 12120 Savage Drive Midway, TX 75852

(936) 348-3751

FORMBY STATE JAIL

Attn: Law Library 998 County Road AA Plainview, TX 79072

(806) 296-2448

FORT STOCKTON UNIT

Attn: Law Library 1536 IH-10 East Fort Stockton, TX 79735

(432) 336-7676

GARZA WEST UNIT

Attn: Law Library 4250 Highway 202 Beeville, TX 78102

(361) 358-9890

GIST STATE JAIL

Attn: Law Library

3295 FM 3514

Beaumont, TX 77705

(409) 727-8400 set set set set set set set set set set set set sets

GLOSSBRENNER UNIT

5100 South FM 1329 San Diego, TX 78384

(361) 279-2705

GOODMAN UNIT

Attn: Law Library 349 Private Road 8430 Jasper, TX 75951

(409) 383-0012

GOREE UNIT

Attn: Law Library 7405 Hwy 75 South Huntsville, TX 77344

(936) 295-6331

HALBERT UNIT

Attn: Law Library 800 Ellen Halbert Drive Burnet, TX 78611

(512) 756-6171

HAMILTON UNIT

Attn: Law Library 200 Lee Morrison Lane Bryan, TX 77807

(979) 779-1633

HAVINS UNIT

Attn: Law Library 500 FM 45 East Brownwood, TX 76801

(325) 643-5575

HIGHTOWER UNIT

Attn: Law Library

902 FM 686

Dayton, TX 77535

(936) 258-8013

HILLTOP UNIT

1500 State School Road Gatesville, TX 76598-2996

(254) 865-8901

HOBBY UNIT

Attn: Law Library

742 FM 712

Marlin, TX 76661

(254) 883-5561

HOLLIDAY UNIT

Attn: Law Library 295 IH-45 North Huntsville, TX 77320-8443

(936) 295-8200

HUGHES UNIT

Attn: Law Library

3201 FM 929

Gatesville, TX 76597

(254) 865-6663

HUNTSVILLE UNIT

Attn: Law Library 815 12th Street Huntsville, TX 77348

(936) 437-1555

HUTCHINS STATE JAIL

Attn: Law Library 1500 East Langdon Road Dallas, TX 75241

(972) 225-1304

JESTER 3 UNIT

Attn: Law Library 3 Jester Road Richmond, TX 77406

(281) 277-7000 set set set set set set set set set set set set

JOHNSTON UNIT

703 Airport Road Winnsboro, TX 75494

(903) 342-6166

JORDAN UNIT

Attn: Law Library 1992 Helton Road Pampa, TX 79065

(806) 665-7070

KEGANS UNIT

Attn: Law Library 707 Top Street Houston, TX 77002

(713) 224-6584

LEBLANC UNIT

Attn: Law Library

3695 FM 3514

Beaumont, TX 77705

(409) 724-1515

LEWIS UNIT

Attn: Law Library

777 FM 3497

Woodville, TX 75990

(409) 283-8181

LOPEZ STATE JAIL

Attn: Law Library 1203 El Cibolo Road Edinburg, TX 78542

(956) 316-3810

LUTHER UNIT

Attn: Law Library 1800 Luther Drive Navasota, TX 77868

(936) 825-7547

LYCHNER STATE JAIL

2350 Atascocita Road Humble, TX 77396

(281) 454-5036

LYNAUGH UNIT

Attn: Law Library 1098 South Highway 2037 Fort Stockton, TX 79735

(432) 395-2938

MARLIN UNIT

Attn: Law Library 2893 State Hwy 6 Marlin, TX 76661-6588

(254) 883-3858

MCCONNELL UNIT

Attn: Law Library 3001 South Emily Drive Beeville, TX 78102

(361) 362-2300

MECHLER STATE JAIL

Attn: Law Library 4000 Highway 86 West Tulia, TX 79088

(806) 995-4109

MEMORIAL UNIT

Attn: Law Library 59 Darrington Road Rosharon, TX 77583

(281) 595-3465

MICHAEL UNIT

Attn: Law Library

2664 FM 2054

Tennessee Colony, TX 75886

(903) 928-2311 sets set set set set set set set set set set

MIDDLETON UNIT

13055 FM 3522

Abilene, TX 79601

(325) 548-9075

MONTFORD UNIT

Attn: Law Library 8602 Peach Street Lubbock, TX 79404

(806) 745-1021

MURRAY UNIT

1916 North Hwy 36 Bypass Gatesville, TX 76596

(254) 865-2000

O’DANIEL UNIT

Attn: Law Library 2305 Ransom Road Gatesville, TX 76528

(254) 865-7226

PACK UNIT

Attn: Law Library 2400 Wallace Pack Road Navasota, TX 77868

(936) 825-3728

PLANE STATE JAIL

Attn: Law Library

904 FM 686

Dayton, TX 77535

(936) 258-2476

POLUNSKY UNIT

Attn: Law Library 3872 FM 350 South Livingston, TX 77351

(936) 967-8082

POWLEDGE UNIT

1400 FM 3452

Palestine, TX 75803

(903) 723-5074

RAMSEY UNIT

1100 FM 655

Rosharon, TX 77583

(281) 595-3491

ROACH UNIT

Attn: Law Library

15845 FM 164

Childress, TX 79201

(940) 937-6364

ROBERTSON UNIT

Attn: Law Library

12071 FM 3522

Abilene, TX 79601

(325) 548-9035

SAN SABA UNIT

Attn: Law Library 206 South Wallace Creek Rd.

San Saba, TX 76877

(325) 372-4255

SANCHEZ STATE JAIL

Attn: Law Library 3901 State Jail Road El Paso, TX 79938-8456

(915) 856-0046

SAYLE UNIT

Attn: Law Library

4176 FM 1800

Breckenridge, TX 76424-7301

(254) 559-1581 set set set set set sets set set set set set set

SEGOVIA UNIT

1201 E. El Cibolo Road Edinburg, TX 78542

(956) 316-2400

SKYVIEW UNIT

Attn: Law Library 379 FM 2972 West Rusk, TX 79512

(903) 683-5781

SMITH UNIT

Attn: Law Library

1313 CR 19

Lamesa, TX 79331-1898

(806) 872-6741

STEVENSON UNIT

Attn: Law Library

1525 FM 766

Cuero, TX 77954

(361) 275-2075

STILES UNIT

Attn: Law Library

3060 FM 3514

Beaumont, TX 77705

(409) 722-5255

STRINGFELLOW UNIT

1200 FM 655

Rosharon, TX 77583

(281) 595-3413

TELFORD UNIT

Attn: Law Library 3899 State Hwy 98 New Boston, TX 75570

(903) 628-3171

TERRELL UNIT

1300 FM 655

Rosharon, TX 77583

(281) 595-3481

TORRES UNIT

Attn: Law Library 125 Private Road 4303 Hondo, TX 78861

(830) 426-5325

TRAVIS COUNTY UNIT

Attn: Law Library

8101 FM 969

Austin, TX 78724

(512) 926-4482

WAINWRIGHT UNIT

Attn: Law Library 2665 Prison Road #1 Lovelady, TX 75851

(936) 636-7321

WALLACE UNIT

Attn: Law Library 1675 South FM 3525 Colorado City, TX 79512

(325) 728-2162

WOODMAN STATE JAIL

Attn: Law Library 1210 Coryell City Road Gatesville, TX 76528

(254) 865-9398

WYNNE UNIT

Attn: Law Library

810 FM 2821

Huntsville, TX 77349

(936) 295-9126 set set set set set set set set set set set set

YOUNG UNIT

5509 Attwater Ave.

Dickinson, TX 77539

(409) 948-0001

REGION II/ACCESS TO COURTS

Attn: Regional Supervisor

1391 FM 3328

Tennessee Colony, TX 75880

(903) 928-2217 ext. 3073

REGION III/ACCESS TO COURTS

Attn: Regional Supervisor

1100 FM 655

Rosharon, TX 77583

(281) 595-3491 ext. 1241

REGION IV/ACCESS TO COURTS

Attn: Regional Supervisor 965 Ofstie Street Beeville, TX 78102

(361) 362-6549

REGION V/ACCESS TO COURTS

Attn: Regional Supervisor 304 West 6th Street Plainview, TX 79072

(806) 296-4550

REGION VI/ACCESS TO COURTS

Attn: Regional Supervisor 1002 Carroll Street Gatesville, TX 76528

(254) 248-3984 set set set set

TERMS AND CONDITIONS

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

• Rev.03/07/2023 Page 1 of 5

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 this form.

1.2 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.

1.3 Bids must be time stamped at the office

designated in the solicitation on/or before the hour and date specified for the bid opening. Any bid received at the designated location after the exact time specified will not be considered unless

TDCJ determines that it was properly addressed and in the possession of TDCJ prior to the specified time but was late due to mishandling by the agency.

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 Quote F.O.B. destination, freight prepaid and

allowed, unless otherwise stated within the specifications.

1.6 Bid prices are requested to be firm for TDCJ

acceptance for 30 days from bid opening date.

“Discount from list” bids are not acceptable unless requested. An offer for an early payment discount may be considered in making an award.

Cash discounts offered will be taken if earned.

1.7 Bidder should enter Texas Identification Number

System (T.I.N.S.) 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. The Texas ID Number is the payee identification number assigned and used by the Comptroller of Public Accounts of Texas to process payment for goods/services. If this number is not known, please visit https://fmx.cpa.texas.gov/fm/pubs/payment/pay_ pro_pol/?s=ppp_forms&p=app_tin to set up a

Texas Identification Number:

Enter Federal Employer’s Identification Number

In an effort to minimize identity theft, every company MUST have an Employer Identification

Number (EIN), also known as a federal tax identification number prior to award of a contract.

For information on obtaining your EIN, you may call 800-829-4933 or visit the following website:

http://www.irs.gov/businesses/.

1.8 Bid cannot be altered or amended after opening

time. Alterations made before opening time should be initialed by bidder or authorized agent.

No bid can be withdrawn after opening time without approval by the TDCJ based on an acceptable written reason.

1.9 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 TDCJ and/or investigation for antitrust violations.

2. Specification:

2.1 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 as a proprietary purchase under Government

Code, Title 10, Subtitle D, Section 2155.067. If bidding on other than reference specification(s), 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.

2.2 Unless otherwise specified, items bid shall be new

and unused and of current production.

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 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 bid number. Do not enclose in or attach bid to sample.

2.5 The State will not be bound by any oral statement

or representation contrary to the written specifications of this Invitation For Bids (IFB).

2.6 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 20.207 (c) (2) and 20.306 (preferences).

4. Delivery:

4.1 Show number of days required to place material

in TDCJ's receiving location under normal conditions. Delivery days means calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to delivery in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

4.2 If delay is foreseen, vendor shall give written

notice to the TDCJ. Vendor must keep the TDCJ advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TDCJ to purchase the goods and services of this IFB elsewhere and charge any increased costs for the goods and services, including the cost of rebidding, to the bidder.

4.3 No substitutions permitted without written

approval of the TDCJ Contracts and Procurement

Department.

4.4 Delivery shall be made during normal working

hours only, unless prior approval has been obtained from the TDCJ.

5. Inspection And Tests:

All goods will be subject to inspection and test by the

State. Authorized TDCJ 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 vendor 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 vendor or held for disposition at vendor’s expense.

Latent defects may result in revocation of acceptance.

6. Award of Contract:

6.1 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 as the same may be amended from time to time. The factors listed in Texas

Government Code, Title 10, Subtitle D, Section

2155.074 and Section 2156.007 shall also be considered in making an award when specified.

Any legal actions must be filed in Travis County, Texas.

6.2 The TDCJ award policy shall consist of, but not

be limited to, the following factors in combination, but not necessarily in their order of importance:

A. Prices;

B. Bidders previous record of performance and service;

C. Quality and conformance to specifications;

D. Any other best value factors so indicated.

7. Advertising of Award

The awarded vendor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the TDCJ or is considered by the TDCJ to be superior to other products or services.

8. Payment:

Payment shall be made thirty calendar days after the later of (1) the date an uncontested invoice is received,

(2) the date goods are received, and (3) the date services are completed. Refer to Texas Government

Code, Chapter 2251.

https://fmx.cpa.texas.gov/fm/pubs/payment/pay_pro_pol/?s=ppp_forms&p=app_tin https://fmx.cpa.texas.gov/fm/pubs/payment/pay_pro_pol/?s=ppp_forms&p=app_tin http://www.irs.gov/businesses/

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

• Rev.03/07/2023 Page 2 of 5

9. Vendor Maintenance Direct Deposit and Substitute

W-9 Form (Electronic Funds Transfer):

Government Code 403.016 (c) (3) encourages state agencies to transmit payments to vendors through electronic funds transfer (Direct Deposit). To set up your account, contact agency Accounts Payable

Branch at (936) 437-8761 or (936) 437-6357.

Regardless as to whether Direct Deposit is chosen, the awarded vendor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to TDCJ Accounts Payable. Vendors who have already submitted a form for another separate purchase order are not required to submit another form. The form and instructions are found at the following link on the TDCJ website:

https://www.tdcj.texas.gov/divisions/bfd/acct_acct s_pay.html. To enroll for advance notification of electronic funds transfer to your account, please contact the number listed above. Payment information may be obtained by calling the Comptroller of Public

Accounts toll free at (800) 531-5441, ext. 3-3660 or in Austin, Texas, call (512) 463-3660 or to receive via fax, call (512) 936-3461 or via the Internet at https://fmx.cpa.state.tx.us/fm/payment/index.php.

Vendors may select Option 3 (PIN not required) and enter their vendor identification number and 696 for the agency number.

10. Shipping and Invoice Instructions:

Failure to follow these shipping and invoice instructions may result in merchandise being rejected at the receiving dock and returned to the vendor without notice.

Shipping Instructions:

1. Ensure items(s) is sent to the correct unit/department within the TDCJ as listed on the purchase order.

2. Do not over ship. Overages shall be returned at the vendor’s expense unless items are of indeterminable quantity such as sand or gravel.

3. Ship individual line items complete.

4. Each part shipped shall have a part number or be tagged with a part number as it appears on the purchase order. If items are shipped without a part number, they will be returned to the vendor at vendor’s expense.

5. Include or mark purchase order numbers on all packing slips, cartons, packages, bundles, etc.

Invoicing Instructions:

1. The invoice must be itemized with the description, unit price, unit of measure and extension exactly as listed on the purchase order.

2. Only items listed on the purchase order may be billed and paid for by the TDCJ.

3. Any changes to the purchase order are only valid upon receipt of a purchase order change notice

(POCN) from the authorized purchaser.

4. Invoices must reference the purchase order number. Only one purchase order number on an invoice. (Purchase order number always begins with an “E”, example – EX000123)

5. Vendor must supply a valid payee identification number (PIN) on each invoice.

6. Invoices must be sent to Accounts Payable, P.O.

Box 4018, Huntsville, TX 77342-4018. *Only discounted invoices may be emailed.

7. Discounted invoices may be emailed to tdcj.ap-invsvs@tdcj.texas.gov.

8. Submit separate invoices for each shipment/per location.

11. Indemnification:

11.1 Acts or Omissions

Vendor shall indemnify and hold harmless the State of

Texas and Customers, 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 Vendor 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 VENDOR WITH THE OFFICE

OF THE ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED DEFENDANTS

IN ANY LAWSUIT AND VENDOR MAY NOT

AGREE TO ANY SETTLEMENT WITHOUT FIRST

OBTAINING THE CONCURRENCE FROM THE

OFFICE OF THE ATTORNEY GENERAL. VENDOR

AND THE CUSTOMER AGREE TO FURNISH

TIMELY WRITTEN NOTICE TO EACH OTHER OF

ANY SUCH CLAIM.

11.2 Infringements

A. Vendor 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 connection with the

PERFORMANCES OR ACTIONS OF

VENDOR PURSUANT TO THIS

CONTRACT. VENDOR AND THE

CUSTOMER AGREE TO FURNISH TIMELY

WRITTEN NOTICE TO EACH OTHER OF

ANY SUCH CLAIM. VENDOR SHALL BE

LIABLE TO PAY ALL COSTS OF DEFENSE

INCLUDING ATTORNEYS' FEES. THE

DEFENSE SHALL BE COORDINATED BY

VENDOR WITH THE OFFICE OF THE

ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED

DEFENDANTS IN ANY LAWSUIT AND

VENDOR MAY NOT AGREE TO ANY

SETTLEMENT WITHOUT FIRST

OBTAINING THE CONCURRENCE FROM

THE OFFICE OF THE ATTORNEY

GENERAL.

B. Vendor 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 Vendor’s written approval, (iii) any modifications made to the product by the Vendor pursuant to Customer’s specific instructions, (iv) any intellectual property right owned by or licensed to

Customer, or (v) any use of the product or service by Customer that is not in conformity with the terms of any applicable license agreement.

C. If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor’s sole option and expense; (i) procure for the Customer 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 Customer’s use is non-infringing.

11.3 The parties agree that the terms, covenants and

provisions of paragraphs 11.1, and 11.2, shall survive the termination of this purchase order.

12. Vendor Assignments:

Vendor hereby assigns to TDCJ any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A.

Section 1, et seq. (1973), and the antitrust laws of the

State of Texas. TEX. Bus. & Comm. Code Ann. Sec.

15.01 et seq. (1967).

13. Recycled Products:

Any product(s) being bid on this solicitation containing recycled material, whether post-consumer or pre-consumer, or is a product that has been remanufactured, rebuilt, or otherwise restored to a like new condition, shall be indicated as such on the appropriate line items as having either a recycled content or is a remanufactured product.

14. Material Safety Data Sheets:

When applicable, Material Safety Data Sheets are to be provided with each shipment.

15. Electronic and Information Resources Accessibility

Standards, as required by 1 TAC Chapter 213:

15.1 State agencies shall procure products which

comply with the State of Texas Accessibility requirements for Electronic and Information

Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

15.2 Vendor shall provide the TDCJ with the URL to

its Voluntary Product Accessibility Template

(VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services’ Administration “Buy Accessible Wizard”

(http://www.buyaccessible.gov). Vendors not listed with the “Buy Accessible Wizard” or supplying a URL to their VPAT must provide the

TDCJ with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the

“Buy Accessible Wizard” or obtaining a copy of the VPAT is located at http://www.section508.gov/ .

16. E-Verify System

The TDCJ shall require the following as a condition of all service contracts:

https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html https://fmx.cpa.state.tx.us/fm/payment/index.php mailto:tdcj.ap-invsvs@tdcj.texas.gov mailto:tdcj.ap-invsvs@tdcj.texas.gov http://www.buyaccessible.gov/ http://www.section508.gov/

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

• Rev.03/07/2023 Page 3 of 5

By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, 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 the Respondent to perform work pursuant to the Contract, within the United States of America.

The Contractor shall provide, upon request of the

TDCJ, an electronic or hardcopy screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the Contractor, and Contractor’s subcontractors, as proof that this provision is being followed.

If this certification is falsely made, the Contract may be immediately terminated, at the discretion of the state and at no fault to the state, with no prior notification. The Contractor shall also be responsible for the costs of any re-solicitation that the state must undertake to replace the terminated

Contract.

17. Bidder Affirmation:

Signing this bid with a false statement is a material breach of 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:

17.1 Suspension, Debarment, and Terrorism: 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.

17.2 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.

17.3 Neither the bidder nor the 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 12, above), nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

17.4 Pursuant to Section 2155.004, Government 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. Under Section

2155.004, 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. Section 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.

17.5 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. Furthermore, any bidder subject to Section 231.006 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 Numbers for each person. This information must be provided prior to contract award.

Name:

Social Security Number:

Name:

Social Security Number:

Name:

Social Security Number:

Name:

Social Security Number:

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Texas Family Code Section 231.006 requires a bid or an application for a contract, grant, or loan paid from state funds to include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. The Social Security number(s) will be kept confidential and only disclosed in accordance with Texas Family Code Section 231.302.

17.6 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

Section 418.004, Government Code, occurring after September 24, 2005. Under Sections

2155.006 and 2155.0061, 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.

17.7 As required by Section 2252.903, Government

Code, bidder agrees that any payments due under a purchase order or 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, regardless of when debt is incurred, until the debt is paid in full. Bidder shall comply with rules adopted by the Comptroller of Public Accounts under Sections 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.

17.8 Bidder certifies that they are in compliance with

Section 669.003 of 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:________________

17.9 In accordance with Section 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.

17.10 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 Section 556.005 or

Section 556.008, Government Code, relating to the prohibition of using state funds for lobbying activities.

17.11 Bidder represents and warrants that it has no

actual or potential conflicts of interest in providing the requested items to TDCJ 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.

17.12 Bidder certifies that they are in compliance with

Section 572.069 of the Government Code relating to employment of a former state officer or employee. A former state officer or employee of the TDCJ who during the period of state service or employment participated on behalf of the TDCJ on a procurement or contract negotiation involving a business entity may not accept employment from that business entity before the second anniversary of the date the officer's or employee's service or employment with the TDCJ ceased.

17.13 If the bidder is required to make a certification

pursuant to Texas Government Code, Section

2271.002, the bidder certifies that they are in compliance with Chapter 2271 of the

Government Code relating to the prohibition of a state agency contracting with companies that boycott Israel or boycotts Israel during the term of the Contract. 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 the certification is inaccurate.

https://www.sam.gov/

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

Rev.03/07/2023 Page 4 of 5 contracting with companies that are engaged in business with Iran, Sudan, or foreign terrorist organizations. 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.

17.16 Pursuant to Texas Health & Safety Code Section

17.15 Bidder certifies that they are in compliance with

Chapter 2274 of the Government Code relating to the prohibition of contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state. The bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified Contract and acknowledges that this contract may be terminated and Payment withheld if this certification is inaccurate.

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 association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

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 TDCJ’s rules found in Texas Administrative Code, Title 37, Part 6, Chapter 155, Subchapter D, Rule 155.41. r

19. Protest Procedures:

17.21 If Respondent is required to make a verification 17.14 Bidder certifies that they are in compliance with Chapter 2252.152 of the Government Code relating to the prohibition of a state agency

161.0085, 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.

17.17 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.

17.18 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 make that verification, Respondent must so indicate in its Response and state why the verification is not required.

17.19 If Respondent is required to make a certification

pursuant to Section 2271.001 of the Texas Government Code, Respondent certifies that Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Respondent does not make that certification, Respondent must indicate that in its Response and state why the certification is not required.

17.20 Under Section 2155.004(b) of the Texas

Government Code, 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 the contract may be terminated and payment withheld if this certification is inaccurate.

respondent shall defend, indemnify, and hold harmless agency and the State of Texas from and against any and all claims, violations, misappropriations or infringement of any patent, trademark, copyright, trade secret or other intellectual property rights and/or other intangible property, publicity or privacy rights, and/or in connection with or arising from: (1) the performance or actions of Respondent pursuant to this contract; (2) any deliverable, work product, configured service or other service provided hereunder; and/or (3) Agency's and/or Respondent's use of or acquisition of any requested services or other items provided to Agency by Respondent or otherwise to which Agency has access as a result or Respondent's performance under the contract. Respondent and agency agree to furnish timely written notice to each other of any such claim.

Respondent shall be liable to pay all costs of defense, including attorney's fees. The defense shall be coordinated by Respondent with the office of the Texas Attorney General (OAG) when Texas State Agencies are named defendants in any lawsuit and Respondent may not agree to any settlement without first obtaining the concurrence from OAG. In addition, Respondent will reimburse Agency and the State of Texas for any claims, damages, costs, expenses or other amounts, including, but not limited to, attorneys' fees and court costs, arising from any such claim. If Agency determines that a conflict exists between its interests and those of Respondent or if Agency is required by applicable law to select separate counsel, Agency will be permitted to select separate counsel and Respondent will pay all reasonable costs of Agency's counsel.

17.22 Pursuant to Texas Constitution, Article VIII §6,

18. Note to Bidder:

Any terms and conditions attached to a bid will not be considered unless specifically referred to on this bid form and may result in disqualification of the bid.

20. Dispute Resolution:

Any dispute arising under this Contract that is not disposed of by mutual agreement between the TDCJ and Contractor shall be resolved according to

“Procedures for Resolving Contract Claims and

Disputes,” Rule Section 155.31, Texas Administrative

Code, Title 37, Part 6, Chapter 155, Subchapter C.

A. If authorized to adjudicate a breach of contract claim against the TDCJ under Chapter 114, Civil

Practice and Remedies Code, Contractor, prior to filing suit, shall comply with the dispute resolution process in subsections 155.31(h) – (q) of Rule 155.31 “Procedures for Resolving

Contract Claims and Disputes.” However, references therein to Chapter 2260 or the State

Office of Administrative Hearings shall be inapplicable if contractor files suit under Chapter

114, Civil Practice and Remedies Code, after completion of the dispute resolution process.

B. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the contractor, in whole or in part.

C. This provision shall not be construed to prohibit contractor from seeking any other legal or equitable remedy to which it is entitled.

Funds are not presently available for performance under this contract beyond the current fiscal year for which the contract becomes effective. (Note: a state agency's fiscal year begins September 1st and runs through August 31st). TDCJ's obligation for performance of this contract beyond the fiscal year for which the contract becomes effective is contingent upon legislative approval and the availability of appropriated funds from which payment for contract purposes can be made.