ESBD_371039_1722961271390_IFB 304-25-0784MLC Armored Transport Svc (Final).pdf

Armored Transport Services IFB# 304-25-0784MLC Page 1 of 24 CMD# 7681VR Rev. 2/2024

IF NOT SUBMITTING A BID

DO NOT RETURN THIS FORM.

Respondent agrees to comply with all conditions of this IFB.

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

INVITATION FOR BIDS

(“IFB”)

BID OPENING08/23/24 at

2:00pm CT

IFB#304-25-0784MLC

IFB Issued08/06/24

FAILURE TO SIGN WILL DISQUALIFY BID

AUTHORIZED SIGNATURE DATE

Name of Firm: __________________________________________

Address: _______________________________________________

City, State, Zip: __________________________________________

*By signing this Bid, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

AGENCY INVOICE ADDRESS:

Texas Comptroller of Public Accounts Accounts Payable 111 E. 17th Street Austin, Texas 78774 biaap@cpa.texas.gov

QUOTE F.O.B. DESTINATION FOR SHIPMENT TO:

Distribution Center 1811 Airport Blvd.

Austin, Texas 78702

DELIVERY IN____DAYS, CASH DISCOUNT___%___DAYS

The Texas Comptroller of Public Accounts (CPA) issues this Invitation for Bids (IFB) to solicit pricing from qualified vendors for services as described in this IFB.

IFB Terms: CPA terms and conditions are set forth in this IFB.

All Costs: Respondent must include all costs for providing the requested items as defined in this IFB on the Mandatory Price Sheet.

CLASS & ITEM: 990-10 (Armored Car Services)

ALL BIDS MUST BE SUBMITTED ELECTRONICALLY WITH

RETURN RECEIPT REQUESTED.

EMAIL TO: bidcpa@cpa.texas.gov

CPA Procurement Contact: monica.carrington@cpa.texas.gov

VENDOR IDENTIFICATION NUMBER

Texas Identification Number: ____________________________________

PREFERENCES

Check below to claim a preference under 34 TAC Rule 20.306:

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT

FOR GOODS/SERVICES PURCHASED AGAINST CONTRACT AWARDS.

THE FEDERAL EMPLOYER IDENTIFICATION NUMBER (EIN) WILL BE

USED TO ESTABLISH A PAYEE ID NUMBER. PLEASE ENTER YOUR

FEDERAL EIN: □□□□□□□□□□

Unique Entity ID ___________________________________

CHECK HERE IF YOU ARE A SOLE OWNERSHIP OR PARTNERSHIP: □

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 payment under an awarded contract. For information on obtaining your EIN, you may call the IRS at 800-829-4933 or visit the following web site:

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

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

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

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

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

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

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

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

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

□ Commercial production company or advertising agency located in

Texas

Respondent’s point of contact for the submitted Bid:

Name: ______________________________________

Phone #: ______________________________________

Fax #: ______________________________________

Email: ______________________________________

IFB# 304-25-0784MLC Page 2 of 24 CMD# 7681VR Rev. 2/2024

SECTION I

SPECIFICATIONS

A. Introduction

The Texas Comptroller of Public Accounts (CPA), an agency of the State of Texas, issues this Invitation for Bids to solicit bids from qualified vendors for Armored Transport Services as described in this Section II and in this IFB (Services).

CPA’s objective is to obtain the Services that represent the best value for CPA and the State of Texas, according to the terms and conditions of this IFB.

CPA anticipates making a contract award to one (1) Successful Respondent for the Services. CPA reserves the right not to award a Contract for the performance of all or part of the Services. This IFB is not exclusive and CPA reserves the right to issue additional solicitations regarding the Services or similar services at any time. All Respondents are encouraged to offer their best pricing at all times.

All costs associated with the Services must be included in the Respondent’s Bid. Bids that do not meet all of the requirements or contain all of the required documentation specified in this IFB will be rejected as non-responsive.

B. Background

The Texas Comptroller of Public Accounts (CPA) uses Armored Transport Services as defined in this IFB for the transport of currency and coins from the Thomas Jefferson Rusk Building located at 208 East 10th Street, Austin, Texas 78701, to Bank’s designated delivery location in Austin.

C. Definitions and Acronyms

Armored Transport Services. A secure, insured transport service wherein an entity assumes responsibility for Valuables while providing secured transportation and protection from one place or point to another place or point by means of specially designed and constructed bullet-resistant armored vehicles, vaults, and specially trained, armed, and expert security guards.

Armored Transport Service Log. Form used to document the amount of currency/coin and number of bags being transferred to an Armored Transport Service for secured transportation, protection, and safekeeping.

Award or Effective Date. The earlier of the date an authorized representative of CPA (1) issues a Purchase Order (PO) or (2) signs a formal, written agreement.

Bank. The Austin, Texas delivery location of the receiving bank designated by CPA.

Bid. A response to this IFB.

CPA. Texas Comptroller of Public Accounts.

Contract. The agreement, if any, described in Section I, Part E (Contract Resulting from this Solicitation; Order of

Priority).

Respondent. Any person or entity that submits a Bid.

Successful Respondent. The Respondent awarded a Contract.

Valuables. Any CPA property, including money, currency, coins, bullion, securities, bonds, jewelry, or other property.

D. Scope of Services

D.1 Services Description

Successful Respondent shall provide the Comptroller of Public Accounts (CPA) with Armored Transport Services, as described in this Section, for the transport of currency and coins from the Thomas J. Rusk Building, located at 208 E. 10th Street, Austin, Texas 78701, to Bank.

1. Successful Respondent shall provide the following Armored Transport Services:

a. Arrive at CPA’s location in Austin, Texas 78701, Monday, Wednesday, and Friday (excluding Federal Holidays) between the hours of 8:30 a.m. and 12:30 pm. Central Time (CT);

b. Sign the Armored Transport Service Log including date and time, and receive into its possession Valuables to be transported;

IFB# 304-25-0784MLC Page 3 of 24 CMD# 7681VR Rev. 2/2024

c. Transport and deliver Valuables in a safe, secure manner to Bank no later than 2:30 p.m. CT the next business day.

D.2 CPA Data Safeguard Standards.

1. Defined Terms. The term “CPA Data” refers to CPA’s information as well as other entity information in the possession of CPA that is processed, stored, or transmitted by a computer, including hardcopies of such information. The term “CPA Information System” refers to those devices, software, networks and related infrastructure that CPA owns, operates or has obtained for use to conduct CPA business. Devices include, but are not limited to, CPA-owned or managed storage, processing, and communications devices, as well as personally owned devices.

2. Access to CPA Data. Successful Respondent represents and warrants that it will implement, maintain, and use appropriate administrative, technical, and physical safeguards to ensure it does not access CPA Data. Successful Respondent will not collect, access, use, disclose, or retain CPA Data. If Successful Respondent inadvertently accesses CPA Data, Successful Respondent will restrict access to CPA Data to only those personnel who must have the information on a “need to know” basis to report such access to CPA. Successful Respondent will not use CPA Data, or any information derived from CPA Data, for its own benefit or the benefit of any other person or entity. Successful Respondent will not share CPA Data with which it comes into contact.

3. Supply Chain Risk Management. Successful Respondent shall provide CPA’s Contract Manager a description of how it manages supply chain risks. Specifically, Successful Respondent shall describe its established agreements and procedures with entities involved in the supply chain for the notification of supply chain risks, compromises, and the result of assessments or audits. During the term of the contract, Successful Respondent shall provide CPA’s Contract Manager prompt, written notice of supply chain risks that impact the delivery of the products and services of the Contract. Examples of supply chain risks include supplier financial failure, production control/product quality, market supply and demand, labor disputes/shortages, cybersecurity threats, natural disasters. Successful Respondent shall notify CPA of a supply chain compromise and potential compromise in accordance with the Security Incident Notification provision of this Contract.

4. Third-Party Service Providers. It is Successful Respondent’s sole responsibility to ensure that services provided by it and any of its subcontractors or third-party providers does not result in unauthorized access to CPA Data or CPA Information Systems.

5. Defects. Upon Contract award and during the term of the Contract, Successful Respondent shall provide CPA with prompt, written notice upon Successful Respondent’s discovery of any product defects.

D.3 Liquidated Damages. In submitting a Bid, Respondent agrees that the measure of damages in the event of a default or breach by Successful Respondent may be difficult or impossible to calculate. In the event Successful Respondent fails to perform Services or complete the obligations under the Contract, as defined in Section I, Part E (Contract Resulting from this Solicitation; Order of Priority), in a timely manner, CPA may require Successful Respondent to pay, as liquidated damages and not as a penalty, an amount equivalent to two percent (2%) of the total cost for Services or obligations not completed as required by the Contract per calendar day of delay. CPA may impose, but is not obligated to impose, these liquidated damages in lieu of any monetary damages available to CPA under the Contract or applicable law.

E. Contract Resulting from this Solicitation; Order of Priority. Respondent’s Bid is a legal offer to contract based upon the terms, conditions, and specifications set forth in this IFB. A contract award by CPA may be by (1) valid PO or (2) a formal, written agreement between CPA and Successful Respondent. The Contract is effective as of the Award Date and will be between CPA and the Successful Respondent. The entire Contract between CPA and Successful Respondent shall consist of the following documents, which shall control in the following order of priority, except as otherwise provided in the formal signed agreement or PO: (1) the PO and PO Change Notices (POCN), if any, except for any provisions conflicting with item E(2); (2) the formal, signed agreement, if any; (3) this IFB; and (4) Successful Respondent’s Bid (collectively, the “Contract”).

F. Contract Term. The initial term of the Contract shall be from September 1, 2024 or the Effective Date to August 31, 2025

(“Initial Term”). CPA may, in its sole discretion, exercise the option to extend the Contract for up to three (3) additional, one (1) year periods. The optional additional periods are September 1, 2025 through August 31, 2026; September 1, 2026 through August 31, 2027; and September 1, 2027 through August 31, 2028. To exercise the option to extend the term, CPA will notify Successful Respondent; such notice may be by PO or POCN. The “Contract Term” is the Initial Term plus any additional periods. Notwithstanding the termination or expiration of the Contract, certain provisions, e.g., indemnification, IFB# 304-25-0784MLC Page 4 of 24 CMD# 7681VR Rev. 2/2024 confidentiality, dispute resolution, records retention, CPA data safeguards, and rights to audit, shall survive the termination or expiration of the Contract.

G. Payments. Payment(s) to Successful Respondent will be based upon the schedule described in Section II (Mandatory Price

Sheet) and the Contract. CPA may, in its sole discretion, process payments on a monthly basis. CPA makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the Contract.

Payment and remedies for late payment and non-payment shall be made in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code (Chapter 2251). Generally, subject to several exceptions, Chapter 2251 requires payments to be made no later than 30 days after the later of the date goods are received, services are completed, or an undisputed invoice is received. Payments will be made to Successful Respondent as provided in Section III (Part entitled “Provision for Direct Deposit or Warrant”).

H. PO Addition and Deletion. CPA reserves the right, in its sole discretion, to add or delete products or Services during the period(s) covered by the Contract. All additions or deletions will be processed through CPA’s Procurement Section. The rate at the time of the addition or deletion shall be the same as the rate quoted in the Contract for the same model product or Service. The effective date of any addition or deletion will be no later than five (5) business days after receipt of CPA’s written notification of the addition or deletion. For this purpose, written notification may be by POCN sent by registered mail, regular mail, or email with confirmation receipt.

For any additions, CPA’s Procurement Section will provide a POCN to Successful Respondent. The total number of additions allowed to CPA is determined by the number CPA chooses to purchase. For any deletions, CPA’s Procurement Section will provide a POCN to Successful Respondent indicating the effective date of the deletion, the amount of the reduction or refund (if any), and sufficient details to identify the Service.

I. Respondent Documents. All Respondent documents that are related to the Services, this IFB, Respondent’s Bid, or a

Contract including, but not limited to, boilerplate service agreements, service schedules, published specifications, warranty information, terms of service, ordering documents, maintenance agreements, and license agreements, are collectively referred to in this IFB as “Respondent Documents.” Respondent must include copies of all proposed Respondent Documents with Respondent’s Bid. CPA reserves the right, in its sole discretion, to amend the Respondent Documents to conform to this IFB and Texas law and provide them to Respondent for approval and signature prior to Contract award.

Respondent Documents that are (1) submitted as part of the Bid and (2) amended to conform to this IFB and Texas law through mutual, written agreement of Successful Respondent and CPA will be incorporated as part of the Contract. Upon written request, Respondent shall promptly provide to CPA a Word version of all Respondent Documents.

J. Respondent Exceptions. If Respondent takes any exception to any provision of this IFB, the exceptions must be specifically and clearly identified by section number in Respondent’s Bid as provided in Section VIII (Respondent Exceptions Response Template). Respondent’s proposed alternative must also be provided in the Bid; however, it is acceptable for Respondent to reference the terms of a previous contract with CPA. If a Respondent takes a “blanket exception” to the entire IFB or does not propose alternate language for CPA’s consideration, Respondent’s Bid may be considered non-responsive and disqualified from further consideration. Respondents are strongly encouraged to submit any inquiries regarding specific terms or conditions of this IFB during the question-and-answer period designated in Section I (Specifications).

K. Respondent’s Past Performance. Comptroller may conduct reference checks with other entities regarding past performance of Respondent or its subcontractors. In addition to evaluating performance through the Vendor Performance Tracking System (VPTS) as authorized by 34 Texas Administrative Code §20.115, Comptroller 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. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, Comptroller may initiate such examinations of vendor performance based upon media reports. Any such investigations shall be at the sole discretion of Comptroller, and any negative findings, as determined by Comptroller, may result in a non-award to Respondent. The Vendor Performance Tracking System information is located on Comptroller’s website at: https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

L. Required Insurance. Successful Respondent must maintain the following coverages throughout the term of the Contract:

a. Blanket Employee Dishonesty Bond, minimum $75,000 for each individual who will provide services under the Contract. A rider or endorsement shall name the Texas Comptroller of Public Accounts as loss payee or additional named insured under the respective bond or policy;

IFB# 304-25-0784MLC Page 5 of 24 CMD# 7681VR Rev. 2/2024

b. Standard Workers’ Compensation Insurance covering all individuals who will provide services under the Contract; and

c. Commercial General Liability Insurance, $100,000 minimum each occurrence limit; $300,000 minimum aggregate limit.

All of the above policies and bonds shall contain endorsements prohibiting cancellation except upon thirty (30) calendar days’ prior written notice to CPA. Successful Respondent shall furnish proof to CPA of such coverage in the form of a Certificate of Insurance from Successful Respondent’s insurance carrier(s) indicating the required coverages. The certificate shall be addressed to CPA as the certificate holder. Successful Respondent shall submit proof of required insurance coverage withing five (5) days after the Effective Date, and annually thereafter, via email, referencing the PO number, to the following address: contract.administration@cpa.texas.gov.

M. Bid Content, Format, and Submission Requirements. Respondents must submit Bids electronically via email in accordance with the following:

1. Bids must be emailed to bidcpa@cpa.texas.gov, delivery receipt requested, with copy to the CPA contact provided on Page 1.

2. The subject line of the email must include Respondent’s name and a reference to IFB No. 304-25-0784MLC;

3. All attachments to the email must be in a format that is accessible to CPA (specific acceptable formats include Word, Excel, and pdf);

4. All required forms must be electronically signed or manually signed with scanned signatures; and

5. CPA strongly encourages Respondent to send the email with the attached Bid at least fifteen (15) minutes prior to the

Deadline for Submission of Bids as specified in this IFB in order to allow for any networking delays that may occur (e.g., firewalls, security scans, etc.).

Bids must contain the information listed in this Part L. Failure to include all information may result in exclusion of the Bid from consideration. Respondent is solely responsible for ensuring timely delivery of its Bid to the Issuing Office by the deadline. Late Bids will not be accepted. Respondent should receive delivery confirmation at the time of delivery of its Bid; if not, Respondent should re-send the Bid or contact the CPA Contact provided on Page 1.

Bids must contain an organized, paginated table of contents with hyperlinks corresponding to the sections and pages of the Bid. Bids must be organized as follows:

1. Respondent’s Contact Person and Identifying Information. Respondent must submit the following in its Bid:

a. Respondent’s identifying information:

1. name and address of business entity submitting the Bid;

2. list of all principals;

3. type of business entity (e.g., corporation, partnership);

4. state of incorporation or organization; and

5. principal place of business.

b. Respondent’s contact information (i.e., name, title, email address, phone number and fax number) for the individual(s) who will be CPA’s point of contact for questions regarding the Bid and the Contract.

2. Respondent Qualifications, Experience and Past Performance.

a. Profile. In its Bid, Respondent must provide a profile that:

1. describes the size and scope of all of Respondent’s operations, including number of Respondent’s employees and years in business;

2. describes the general nature of previous, similar work performed by Respondent, particularly work in the last three (3) years;

3. describes Respondent’s prior contracting experience with CPA and other public sector entities;

4. includes a statement regarding the financial stability of Respondent, including the ability of Respondent to perform the Services and any other services proposed in its Bid; and

5. includes any other information Respondent believes is pertinent to this IFB (e.g., certificates, industry awards).

b. Cancellations or Terminations. In its Bid, Respondent must list all contracts or purchase orders that Respondent executed or accepted within the last three (3) years and which were canceled or terminated before completion by any entity with which Respondent contracted. For each cancelled or terminated contract or purchase order, Respondent must include a detailed explanation for the cancellation or termination and final resolution of the

IFB# 304-25-0784MLC Page 6 of 24 CMD# 7681VR Rev. 2/2024 matter. The Bid must include the names and telephone numbers of each such entity’s contact person. If there were no contracts or purchase orders cancelled or terminated before completion in the last three (3) years, specify none.

3. Respondent Narrative.

a. Scope of Services. In its Bid, Respondent must submit a detailed, narrative explanation of how the offered services will meet the requirements of Section I, Part D (Scope of Services). Respondent must provide in its Bid all the information requested in the Scope of Services in conformity with the structure outlined in Section I, Part D (Scope of Services). In the narrative, Respondent must also provide the following:

i. copies of all Respondent Documents applicable to the offered Services. Refer to Section I, Part I.

ii. a detailed description of how Respondent will provide problem or trouble resolution, its escalation procedures, and the timeframe in which Respondent will respond to CPA’s request for support.

iii. a description of the qualifications of personnel who will provide the offered Services. Respondent must also describe its organizational structure and staffing levels that will support the offered Services, including Respondent’s policies for retaining personnel and engaging additional, qualified personnel, if necessary, to support the requirements set forth in this IFB.

iv. a description of its approach and methodology for meeting the requirements in Section I, Part D.2 (CPA Data Safeguard Standards).

b. Early Payment Discount Offering. If offered, Respondent must describe with specificity in its Bid any early payment discount offered as described in Section I, Part L.

4. Required Forms. The following documents must be completed, signed, and included in the Bid:

Signed Bid (Page 1 of this IFB);

Mandatory Price Sheet (Section II), including optional features, products, or services, if any;

Nondisclosure Agreement (Section IV), Conflict of Interest/Disclosure Statement (Section VI); and Certification Regarding Public Nature of Bid (Section VII).

N. Anticipated Schedule of Events. CPA currently anticipates that the selection of Successful Respondent and award of the

Contract will proceed according to the following schedule:

Date Event

08/06/24 Issuance of IFB 08/13/24 Deadline for Submission of Questions (2:00 p.m., CT) 08/16/24 Release of Official Responses to Questions (or as soon thereafter as practical)

08/23/24 Deadline for Submission of Bids (2:00 p.m., CT) Late Bids will not be considered

CPA reserves the right, in its sole discretion, to change the dates listed in the Anticipated Schedule of Events. Notices of changes to items directly impacting the original IFB or solicitation process will be emailed to Respondent’s point of contact.

O. Questions and Answers.

a) Questions regarding this IFB must be submitted via email by the deadline specified in Section I, Part N (Anticipated

Schedule of Events) to bidcpa@cpa.texas.gov. Respondent is solely responsible for verifying CPA’s timely receipt of its questions by the specified deadline.

b) Telephone inquiries will not be accepted.

c) CPA intends to release the Official Responses to Questions received by Potential Respondents to the Respondents’ points of contact via email on or about the date set forth in Part M (Anticipated Schedule of Events).

P. IFB Notices. Notices of changes to items directly impacting the original IFB or solicitation process (e.g., addendum to the

IFB, questions received from potential Respondents) will be emailed to Respondent’s point of contact. Respondent is solely responsible for verifying CPA’s receipt of its questions, if applicable, and Bid by the deadlines specified in this IFB.

Q. Evaluation Process. Evaluation of Bids will begin as soon as practical after receipt. Evaluation adheres to the best value standard of Section 2155.004 of the Texas Government Code. Bids that are responsive to the IFB will be evaluated using the following criteria and weights:

IFB# 304-25-0784MLC Page 7 of 24

Criteria Weight Costs 60% Compliance with CPA Specifications 10% Respondent’s Qualifications, Experience, and Past Performance 30% Total: 100%

CPA reserves the right in its sole judgment and discretion to reissue or withdraw the IFB at any time. As applicable, the factors listed in Sections 2155.075, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award.

R. Contact with CPA Staff. Upon issuance of this IFB, employees and representatives of CPA, other than the CPA Contact Person identified on page one, will not discuss the contents of this IFB with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related Bid. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement.

IFB# 304-25-0784MLC Page 8 of 24 CMD# 7681VR Rev. 2/2024

SECTION II

MANDATORY PRICE SHEET

Respondent must include all costs for providing the Services for the items listed on the Mandatory Price Sheet. CPA requests that Respondents quote costs as an annual fee; however, CPA may, in its sole discretion, authorize payments on a monthly basis. CPA will not prepay any amounts. The not-to-exceed prices associated with the Services shall be inclusive of all travel, meals, lodging, or other related expenses.

This Mandatory Price Sheet consists of one (1) Price Schedules:

(1) Armored Transport Services

THIS FORM MUST BE COMPLETED, SIGNED, DATED, AND SUBMITTED WITH BID

Respondent’s Name: Date: ______

Price Sheet 1

Description

Initial Term:

09/01/24 – 08/31/25

Optional Renewal Terms

09/01/25- 08/31/26

09/01/26- 8/31/27

09/01/27- 8/31/28

1 Armored Transport Services for next day delivery

Monthly Fee

Total Annual Fee: $ $ $ $

IFB# 304-25-0784MLC Page 9 of 24 CMD# 7681VR Rev. 2/2024

SECTION III

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

INVITATION FOR BIDS (IFB)

STANDARD TERMS AND CONDITIONS

Items below apply to and become a part of Respondent’s Bid.

1. Bid Requirements.

1.1 Bids must be time stamped at Texas Comptroller of Public Accounts (CPA) on or before the hour and date specified for the Bid opening on Page 1 and Respondent must sign Page 1.

1.2 Late and/or unsigned Bids will not be considered under any circumstances. The person signing the Bid must have the authority to bind the Respondent in a contract.

1.3 Respondents must comply with all rules, regulations, and statutes relating to purchasing in the State of Texas in addition to the requirements of this IFB.

1.4 Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

1.5 Quote F.O.B. (Freight on Board) destination, freight prepaid, and allowed unless otherwise stated within the specifications.

1.6 "Discount-from-list" Bids are not acceptable unless requested. Cash discounts are not considered in determining the best value.

Cash discounts offered will be taken if earned.

1.7 Bids should give Texas Identification Number (Payee ID Number), full Respondent name, and address of Respondent on Page 1.

The Payee ID Number is the taxpayer number assigned and used by CPA. If this number is not known:

Provide the Federal Employer Identification Number (Federal EIN) on Page 1.

For Respondent that is a sole proprietor that does not have a Texas Identification Number or Federal EIN, should enter Social

Security Number:

1.8 Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by Respondent or Respondent’s authorized agent. No Bid can be withdrawn after opening time without approval by CPA based on an acceptable written reason.

1.9 Purchases made for CPA’s use are exempt from the State Sales tax and Federal Excise tax. CPA will provide Tax Exemption Certificates upon written request. Respondent represents and warrants that it shall pay all taxes or similar amounts resulting from the Contract, including, but not limited to, any federal, State or local income, sales or excise taxes of Respondent or its employees.

CPA shall not be liable for any taxes resulting from the Contract.

1.10 CPA will not reimburse for travel, meals, lodging or other related expenses unless specifically provided for in the Contract. In that event, such costs will be invoiced to CPA based on actual expenses and CPA shall not be liable for reimbursement of expenses that (1) were not pre-approved in writing by CPA or (2) exceed the current State of Texas Travel Regulations. Receipts are required to validate invoicing.

1.11 The following is applicable to “as needed” or “time and materials” contracts: Successful Respondent is not guaranteed any minimum amount.

1.12 CPA reserves the right to make an award on the basis of low line-item offer, low total of line items, or in any other combination that will serve the best interest of the State of Texas and to reject any and all offered items in the sole discretion of the State of Texas.

1.13 CPA reserves the right to accept or reject all or any part of any kind, waive minor technicalities and award the Contract to best serve the interests of the State of Texas.

1.14 Awards will be made in accordance with Rule 34 TAC Sections 20.207 and 20.306 (preferences). The factors listed in Sections 2155.074, 2156.007, 2157.003 of the Texas Government Code shall also be considered in making an award when specified.

Consistent and continued tie Bids could cause rejection of Bids by the CPA and/or investigation for antitrust violations.

1.15 Copyrighted Bids are unacceptable and are subject to disqualification as non-responsive.

1.16 Respondents are required to submit Bids electronically via email in accordance with Page 1.

1.17 Inquiries pertaining to this IFB must refer to the IFB number and opening date and must be submitted to the contact set forth on Page 1.

IFB# 304-25-0784MLC Page 10 of 24 CMD# 7681VR Rev. 2/2024

2. Specifications.

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 under Section 2155.067 of the Texas Government Code. If offering on other than references, Bid must show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified offered, illustrations and complete description of product offered are required to be made part of the Bid.

Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.2 Unless otherwise specified, items 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 CPA. If not destroyed in examination, they will be returned to the Respondent, upon request, at Respondent's expense. Each sample should be marked with Respondent’s name and address, and IFB number. Do not enclose in or attach Bid to sample.

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

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

2.7 CPA will receive and Successful Respondent will convey to CPA clear title, ownership and licenses, whichever is applicable, to all requested items under the Contract.

2.8 Successful Respondent will serve as an independent contractor under the Contract.

2.9 Successful Respondent must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2s to Respondent’s employees.

2.10 Successful Respondent will be responsible for payment of all taxes, including, but not limited to, state, federal, foreign, or local taxes, such as income tax, withholding tax, social security tax, pension contributions, and any other form of payroll or other taxes, for Successful Respondent and Successful Respondent’s employees. Further, purchases made by the State of Texas for its use are exempt from the State Sales Tax and Federal Excise Tax. CPA will furnish Tax Exemption Certificates upon request.

2.11 Successful Respondent represents and warrants that it shall obtain and maintain all required insurance in Section I, Part M plus basic insurance (standard workers’ compensation insurance covering all individuals who will provide the Services, commercial general liability, etc.) if it is coming on-site or if the Contract is one that can generate third-party claims such as moving services, installation of equipment, etc. All coverages shall be with companies licensed in Texas with an “A” rating from A.M. Best Co.

authorized to provide the coverage. No later than five (5) business days following the Award Date, and on an annual basis thereafter, Successful Respondent shall furnish proof to CPA of such coverage in the form of a Certificate of Insurance from Successful Respondent’s insurance carrier(s) indicating the required coverages. The certificate shall be addressed to CPA as the certificate holder. Successful Respondent shall submit proof of required insurance coverage via email, referencing the PO number, to the following address: contract.administration@cpa.texas.gov.

SUCCESSFUL RESPONDENT SHALL INDEMNIFY CPA AND PAY TO CPA ALL COSTS, PENALTIES, LOSSES, AND OTHER AMOUNTS RESULTING FROM THE SUCCESSFUL RESPONDENT’S OMISSION OR BREACH OF

THIS PARAGRAPH.

3. 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 unless and until they are accepted by a Purchase Order (PO) issued by CPA or a formal, written agreement signed by the parties. CPA reserves the right to make any corrections or include additional requirements in the Contract prior to issuance which are necessary for CPA's compliance, as an agency of the State of Texas, with all state and federal requirements.

4. Delivery.

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

4.2 Time is of the essence in the Contract and accordingly time limits will be strictly construed and rigidly enforced. If delay is foreseen, Respondent shall give written notice to CPA. Respondent must keep CPA advised at all times of status of order. Default on promised delivery (without accepted reasons) or failure to meet specifications authorizes CPA to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor.

4.3 No substitutions permitted without written approval of CPA.

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4.4 Delivery shall be made during normal working hours only (Monday through Friday, 8:00 a.m. to 5:00 p.m.), unless prior approval has been obtained from CPA.

5. Testing; Return; Acceptance; Revocation. Prior to Contract award or payment, as applicable, requested samples may be subject to inspection and testing by CPA. CPA reserves the right to test requested samples or items prior to Contract award and Respondent will bear all costs of any testing. After Contract award and prior to payment, CPA may conduct acceptance testing on the requested items delivered under the Contract. If so, CPA will have up to thirty (30) days to conduct such testing. The Services must meet all Requirements and Standards of Performance of the Contract, IFB and Bid and must comply with all published manufacturer or publisher specifications. If the delivered and/or installed requested items fail to meet or exceed the acceptance criteria or any other requirement of the Contract, CPA may refuse to accept the requested items. If CPA refuses to accept the requested items, CPA shall return such requested items at Successful Respondent’s sole expense. If the delivered, requested items meet or exceed all conditions and requirements of the Contract, CPA shall notify Successful Respondent in writing of acceptance no later than thirty (30) days after receiving the samples or items being tested. CPA reserves the right to revoke prior acceptance for, among other things, latent defects.

6. Payment. Successful Respondent shall submit an itemized invoice showing order number to the address indicated on the PO. CPA will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. CPA, in its sole discretion, reserves the right to the extent permitted by Texas law and CPA regulations to prepay for any requested items delivered to or provided to CPA by Successful Respondent in its performance under the Contract. CPA may inspect, test and evaluate the requested items prior to acceptance and payment. All invoices will be paid and all remedies for noncompliance will be incurred in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code.

7. Governing Law; Venue. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflict of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to CPA.

8. Assignments: CPA or Successful Respondent may assign its interest in or duties or rights under the Contract without prior written approval to: (i) a successor in interest (for CPA, another state agency as designated by the Texas Legislature), or (ii) a subsidiary, parent company, or affiliate. Assignment of the Contract under the above terms shall require written notification by the assigning party. Any other assignment by a party shall require the written consent of the other party.

9. Respondent Affirmations. Signing this Bid with a false statement is a material breach of contract and shall void the submitted Bid or the Contract, and Respondent shall be removed from all bid lists. By signature hereon affixed, the Respondent hereby certifies that:

9.1 Pursuant to Section 2155.003 of the Texas Government Code, it 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 this IFB or the submitted Bid.

9.2 Respondent is not currently delinquent in the payment of any franchise tax owed the State of Texas under Chapter 171 of the Texas Tax Code.

9.3 In accordance with Section 2155.005 of the Texas Government Code, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Bid to any competitor or any other person engaged in the same line of business as Respondent. Respondent assigns to CPA all of Respondent’s rights, title and interest in and to all claims and causes of action Respondent may have under the antitrust laws of Texas or the United States for overcharges associated with this IFB or the Contract.

9.4 Pursuant to Section 2155.004(a) of the Texas Government Code, neither Respondent nor any person or entity represented by Respondent has received compensation from CPA to participate in the preparation of the specifications or solicitation on which this Bid or Contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent 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.

9.5 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 Respondent agrees that the Contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

9.6 Pursuant to Section 231.006(d) of the Texas Family Code, regarding child support, the individual or business entity named in the 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. Furthermore, any Respondent subject to Section 231.006 of the Texas Family Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting

IFB# 304-25-0784MLC Page 12 of 24 CMD# 7681VR Rev. 2/2024 the Bid. If applicable, this information must be provided prior to Contract award. Enter the Name and Social Security Number for each person below:

Name & SSN: ____________________________

Name & SSN: ____________________________ Name & SSN: ____________________________

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security Number (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e) of the Texas Family Code.

9.7 In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, it is not (1) the executive head of CPA, (2) a person who at any time during the four years before the date of the contract was the executive head of CPA, or (3) a person who employs a current or former executive head of CPA.

9.8 In accordance with Section 2155.4441 of the Texas Government Code, Respondent 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 Texas.

9.9 Its intent to furnish the requested items at the prices quoted and comply with all terms, conditions, and requirements set forth in this IFB and the Bid.

9.10 No relationship, whether by relative, business associate, capital funding contract or by any other such kinship exist between Respondent and an employee of any CPA component, and Respondent has not been an employee of any CPA component within the immediate twelve (12) months prior to Respondent’s Bid.

9.11 Its prices include all costs of Respondent in providing the requested items that meet all specifications of this IFB, and that its prices will remain firm for acceptance for a minimum of one hundred twenty (120) days from deadline for submission of Bids.

9.12 Each employee of Respondent, including ‘replacement employees’, will possess the qualifications, education, training, experience and certifications necessary to perform the Services in the manner required by this IFB.

9.13 The provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest or not reasonably create an appearance of impropriety.

9.14 All articles and services quoted in response to this IFB meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law and its regulations in effect or proposed as of the date of this solicitation.

9.15 Its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

9.16 Its compliance with the requirements of The Americans with Disabilities Act (ADA) and its implementing regulations, as each may be amended.

9.17 It shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C.§ 1101 et seq.) and all subsequent immigration laws and amendments.

9.18 CPA's payments to Respondent and Respondent's receipt of appropriated or other funds under the Contract are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code.

9.19 It has read and understood and shall comply with CPA’s Anti-Fraud Policy, located on CPA's website at https://comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of the Contract.

9.20 It is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

9.21 The offering 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. Entities ineligible for federal procurement are listed at https://www.sam.gov.

9.22 Under Sections 2155.006 and 2261.053 of the Texas Government Code, that the individual or business entity named in its Bid or the 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. Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Bid or awarding a contract that includes proposed financial participation by a 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 of the Texas Government Code, occurring after September 24, 2005.

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9.23 If Respondent is submitting a Bid for the purchase or lease of computer equipment, it complies 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 TAC Chapter 328.

9.24 It and each of its subcontractors have the requisite resources, qualifications and independence to conduct the services free from outside direction, control, or influence, and subject only to the accomplishment of CPA’s objectives.

9.25 If selected for award of a Contract, Respondent will submit to CPA a Certificate of Interested Parties prior to contract award in accordance with Section 2252.908 of the Texas Government Code.

9.26 Pursuant to Section 2271.002 of the Texas Government Code, either (i) it meets an exemption criterion under Section 2271.002;

or (ii) it does not boycott Israel and will not boycott Israel during the term of the Contract. Respondent shall state any facts that make it exempt from the boycott certification in its Bid.

9.27 It is not engaged in business with Iran, Sudan, or a foreign…