ESBD_372192_1723566782277_Formal IFB.docx

Texas Facilities Commission Formal Invitation for Bids

Online via Bonfire See Attachment B – Bid Requirements Heather Goll, heather.goll@tfc.texas.gov

Vendor Contact Information:

Company Name:

Company Address:

Contact Name:

Contact Title:

Telephone:

Email:

Federal EIN:

Attachments:

Preference for Product of Persons with Intellectual or Physical Disabilities

Preference for Energy Efficient Products

Preference for Rubberized Asphalt Paving

Preference to Texas and United States Products and Texas Services

Preference Under Service Contracts

Preference for Recycled, Remanufactured, or Environmentally Sensitive Products

Purchase of Recycled Oil

Preference to Products and Services from Economically Depressed or Blighted Area

Preference for Products of Facilities on Formerly Contaminated Property

Vendors that Meet or Exceed Air Quality Standards

Preference for Contractors Providing Foods of Higher Nutritional Value

Bidder must provide information, as applicable, and affirms without exception, the following:

1. FALSE STATEMENTS. Respondent represents and warrants that all statements and information prepared and submitted in response to the solicitation are current, complete, true, and accurate. Signing the solicitation with a false statement is a material breach of this agreement and shall void the submitted response or any resulting awards and may result in removal of the Respondent from future solicitations.

2. CONFORMANCE. Respondent represents and warrants that all goods and services furnished shall conform in all respects to the terms of this solicitation, including any drawings, specifications or standards incorporated herein, and any defect in materials, workmanship and free from such defects in design. In addition, Respondent represents and warrants that goods and services are suitable for and will perform in accordance with the purposes for which they are intended.

3. FINANCIAL INTERESTS/GIFTS.

a. Pursuant to Texas Government Code Sections 572.051 and 2255.001 and Texas Penal Code Section 36.09, Respondent 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 solicitation.

b. Pursuant to Texas Government Code Chapter 573 and Section 2254.032, if applicable, Respondent certifies that Respondent knows of no officer or employee of TFC, nor any relative within the second degree of consanguinity or affinity of an officer or employee of TFC, that has a financial interest in Respondent’s company or corporation. Respondent further certifies that no partner, corporation, or unincorporated association which employs, retains or contracts with, or which may employ, retain, or contract with any of the above, has a financial interest in any entity with which Respondent will be dealing on behalf of TFC.

4. ELIGIBILITY. Pursuant to Texas Government Code Section 2155.004(b), Respondent certifies that the individual or business entity named in this response is not ineligible to receive the specified award and acknowledges that the award or resulting contract may be terminated, and payment withheld if this certification is inaccurate.

5. FAMILY CODE. Pursuant to the requirements of Texas Family Code Section 231.006, regarding delinquent child support, the undersigned signatory certifies that the individual or business entity named in this contract is not ineligible to receive payment under this contract and, if applicable, Respondent has provided the name and Social Security Number of each person (sole proprietors, firm owners, partners, or shareholders) with at least twenty five percent (25%) ownership of the business entity entering into this agreement prior to its execution. Respondent acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate.

6. DEBTS OR DELINQUENCIES TO STATE. Pursuant to Texas Government Code Section 403.055, Respondent understands and agrees that any payment due under this Purchase Order may be applied toward payment of any debt that is owed to the State of Texas including, but not limited to, delinquent taxes and child support.

7. ANTITRUST AND ASSIGNMENT OF CLAIMS.

a. Respondent represents and warrants that neither Respondent nor any firm, corporation, partnership or institution represented by Respondent, or anyone acting for such firm, corporation, or institution has: (i) violated the antitrust laws of the State of Texas under the Texas Business and Commerce Code, Chapter 15, or the federal antitrust laws; nor (ii) communicated directly or indirectly the solicitation made to any competitor or any other person engaged in such line of business.

b. Respondent hereby assigns to the State of Texas all of Vendor’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 Purchase Order.

8. DECEPTIVE TRADE PRACTICE; UNFAIR BUSINESS PRACTICES. Respondent represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under the Texas Business and Commerce Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that Respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

9. AGENCY EXECUTIVE HEAD. Under Texas Government Code Section 669.003 relating to contracting with an executive of a state agency, Respondent represents that no person who, in the past four (4) years, served as an executive of TFC or any other state agency, was involved with or has any interest in this Purchase Order or contract resulting from this solicitation. If Respondent employs or has used the services of a former executive head of TFC or any other state agency, then Respondent shall provide the following information: the name of the former executive, the name of the state agency, the date of separation from the state agency, the position held with Respondent, and the date of employment with Respondent.

10. NO CONFLICTS. Respondent represents and warrants that Respondent has no actual or potential conflicts of interest in providing services to the State of Texas under this agreement and that Respondent’s provision of services under this agreement would not reasonably create an appearance of impropriety.

11. PROHIBITION ON CERTAIN BIDS AND CONTRACTS. Under Texas Government Code, Section 2155.006, relating to the prohibition of certain bids and contracts, Respondent certifies that the individual or business entity named in this Purchase Order is not ineligible to receive the specified Purchase Order and acknowledges that this Purchase Order may be terminated, and payment withheld if this certification is inaccurate. Respondent represents and warrants that during the five (5) year period preceding the date of this Purchase Order, Respondent has not been: (i) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Texas Utilities Code, Section 39.459, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (ii) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Texas Utilities Code, Section 39.459, Hurricane Katrina, or any other disaster occurring after September 24, 2005.

12. PRIOR EMPLOYMENT. Vendor certifies that Vendor shall comply with all applicable Texas and federal laws and regulations relating to the hiring of former state employees including “revolving door” provisions. Furthermore, Vendor certifies that if it employs any former employee of TFC, such employee will perform no work in connection with this Purchase Order during the twelve (12) month period immediately following the employee’s last date of employment at TFC.

13. PROHIBITION AGAINST BOYCOTTING ISRAEL. In accordance with Section 2270.002 of the Texas Government Code, by signature hereon, Contractor certifies that it does not boycott Israel and will not boycott Israel during the term of this Contract.

14. PROHIBITION AGAINST CONTRACTING WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATIONS. In accordance with Section 2251.152 of the Texas Government Code, TFC is prohibited from entering into a governmental contract (as defined in Texas Government Code Section 2252.151(3)) with a company that is identified on a list prepared and maintained under Texas Government Code Section 806.051, 807.051, or 2252.153. If contractor is on the above-referenced list the Contract will be considered void or voidable and TFC will not be responsible to pay Contractor for any work performed.

15. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. Under Section 2155.0061 of the Texas Government Code, the 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 this contract may be terminated and payment withheld if this certification is in accurate.

16. By Signature, Bidder affirms the above statements, has reviewed the terms and conditions, bid requirements, specifications, and has submitted the required bid documents and agrees to be bound by bid documents, and will perform as per the requirements specified if selected for award by documentation of notice of award or purchase order:

Bid Signature:

Date:

FAILURE TO SIGN OR RETURN THIS DOCUMENT WILL RESULT IN DISQUALIFICATION

FAILURE TO SIGN OR RETURN THIS DOCUMENT WILL RESULT IN DISQUALIFICATION

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