ESBD_375256_1725468821184_IFB 3670-JW - Land Clearing for TSVC at Abilene FINAL 9-4-24.pdf

Texas General Land Office and Veterans Land Board -i- IFB No. 3670-JW

TEXAS GENERAL LAND OFFICE

VETERANS LAND BOARD

INVITATION FOR BIDS NO. 3670-JW

Land Clearing for Texas State Veterans Cemetery - Abilene TX Class 968 / Item 88

Release Date: September 4, 2024

Deadline for Submission: September 25, 2024 at 2:00 p.m. CT

Solicitation Point of Contact: Jaynee Williams, CTCD, CTCM Jaynee.Williams@glo.texas.gov

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

mailto:Jaynee http://www.txsmartbuy.com/esbd

Texas General Land Office and Veterans Land Board -1- IFB No. 3670-JW

TEXAS GENERAL LAND OFFICE

AND VETERANS LAND BOARD

INVITATION FOR BIDS - SIGNATURE PAGE

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

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

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

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

Late bids will NOT be considered under any circumstances.

Award will be posted onhttp://txsmartbuy.com/esbd/.

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

Please enter your Federal Employer’s Identification Number/Taxpayer Identification Number (TIN). Please attach a signed copy of IRS Letter 147C, Verification of Employer Identification Number, or any IRS document listing both the EIN and entity name on IRS letterhead.

TIN: _____________________________________________ Phone: (______) - __________________

Business Name: ___________________________________ Email Address: _____________________

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

City-State-Zip: ____________________________________ HUB #: ___________________________

Signature: _______________________________________ Print Name: ________________________

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

GLO Purchasing Contact IFB No.: 3670-JW Jaynee Williams, CTCD, CTCM IFB Deadline: September 25, 2024, 2:00 P.M.CT

Jaynee.Williams@glo.texas.gov Upload Bids to Box™ URL: UPLOAD BIDS HERE!

512-463-5480

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

http://txsmartbuy.com/esbd/ mailto:Jaynee.Williams@glo.texas.gov https://txglo.app.box.com/f/f839d03fe7264e0aae97b881a6ac368a

Texas General Land Office and Veterans Land Board -2- IFB No. 3670-JW

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) and the Texas Veterans Land Board (“VLB”) (collectively the “GLO/VLB”) issues this Invitation for Bids (“IFB”) to solicit bids from qualified vendors to provide land clearing services for the newly donated land at the Texas State Veterans Cemetery in Abilene, Texas (“Cemetery”).

This IFB is to clear approximately 2,100 square feet of brush and damaged trees on the north side of the property along West Side Ramp Road in preparation to install fencing.

The services solicited under this IFB will ensure that the newly donated land is secure, safe and pleasing in appearance in accordance with the National Cemetery Administration standards for future expansion.

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

DEFINITIONS

“ADA” means the American Disability Act.

“Addendum” means a written clarification or revision to the Invitation for Bids issued by the GLO/VLB. Bidders must acknowledge receipt of any addenda in the submission of the Bid.

“Bid” means the response submitted by a bidder to the GLO/VLB in response to this solicitation.

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

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

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

“GLO” means the Texas General Land Office.

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

“IFB” means Invitation for Bids.

“OSR” means On-site Representative.

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

Texas General Land Office and Veterans Land Board -3- IFB No. 3670-JW

“Solicitation” means this IFB.

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

“TAC” means Texas Administrative Code.

“TSVC” means Texas State Veterans Cemetery.

“VLB” means Veterans Land Board. Employees of the VLB are employees of the General Land Office.

AUTHORITY

The GLO/VLB is posting this solicitation pursuant to and under the Texas Government Code, § 2155.149 and the Texas Natural Resources Code, §164.005, .

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office and Veterans Land Board -4- IFB No. 3670-JW

ARTICLE II. SCOPE OF WORK

SCOPE

The scope of work for the project includes all labor, materials, tools, equipment, supplies, superintendence, insurance, incidentals, and services necessary or required to fully complete the work for the project. The project location is the Texas State Veterans Cemetery at Abilene, 7457 W. Lake Road, Abilene, Texas 79601. Work items include, but are not limited to, the following:

1. Clear and properly dispose of approximately 2,100 square feet of brush and damaged trees on the north side of the property along West Side Ramp Road (see Exhibit B, Site Diagram); and

2. Clean up project site to the satisfaction of the OSR.

Bidder must have been in business providing similar services to the scope of work for a minimum of five years.

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

Solicitation bids must incorporate the cost of all labor, materials, tools, supplies, transportation, equipment, insurance, bonds, personnel, and any other expense necessary to perform the services requested in this Solicitation. All travel and associated expenses, including all incidental costs, shall be the responsibility of the Respondent.

2.2.2 OSHA Compliance

In its response to this Solicitation, bidder must affirm that it shall observe the rules and regulations governing Occupational Safety and Health Standards, as published by the Occupational Safety and Health Administration (“OSHA”), for all operations and work that may be performed as requested in this Solicitation.

2.2.3 Permits and Fees

Bidder must provide for the application for and securing of all permits that will not be acquired by the Board, and for all inspection and license fees required for the project.

2.2.4 Optional Site Visit/Inspection

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Bidder is responsible for having full and complete knowledge of the conditions of the project site. Therefore, before submitting a bid, bidder is highly encouraged to visit the site and assess the work to be performed located at:

Texas State Veterans Cemetery at Abilene 7457 W. Lake Road Abilene, Texas 79601

Bidder must contact the solicitation point-of-contact listed in Section 3.2.1 to schedule a date and time to visit the site.

2.3 CONTRACT TERM

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

2.4 SUBCONTRACTORS (IF APPLICABLE)

Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of bidder. No subcontract relieves bidder of responsibility for ensuring the requested goods and services are provided.

2.5 PERFORMANCE TRACKING

GLO/VLB will monitor the awarded bidder’s performance of the contract issued under this IFB. All services under the Contract must be performed in a consistent manner. All deliverables must be submitted in accordance with the timeline agreed upon at contract execution.

Texas General Land Office and Veterans Land Board -6- IFB No. 3670-JW

ARTICLE III. ADMINISTRATIVE INFORMATION

SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation

September 4, 2024

Deadline for Submitting Questions September 11, 2024 at 5:00 p.m. CT

Anticipated Release Date of Answers to Questions

September 18, 2024

Deadline for Submission of Bids September 25, 2024 at 2:00 p.m. CT

Expected Notice of Award /Issuance of PO

October 2, 2024

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

http://www.txsmartbuy.com/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Bids will not be posted.

INQUIRIES

3.2.1 Contact

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

Name Jaynee Williams, CTPM, CTCM Address 1700 N. Congress Ave., Austin, Texas 78701 Phone 800.998.4456 or 512.463.5480 Email Jaynee.Williams@GLO.Texas.Gov

3.2.2 Clarifications

The GLO/VLB will allow written requests for clarification of this solicitation.

Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above.

Bidders’ names shall be removed from questions in the responses released.

Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted:

mailto:Jaynee.Williams@GLO.Texas.Gov

Texas General Land Office and Veterans Land Board -7- IFB No. 3670-JW

a) Identifying Solicitation number in email subject

b) Section number

c) Text of passage being questioned

d) Question

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

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: http://www.txsmartbuy.com/esbd. Responses shall be posted as an addendum to the solicitation. It is the bidder’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO/VLB, their representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential bidder or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the bidder. Bidder shall rely only on written statements issued through or by the GLO/VLB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

BID COMPOSITION

3.3.1 General Requirements

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

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

3.3.2 Costs

The GLO/VLB will not reimburse the bidder for any cost incurred in preparation or submission of its bid. The bidder is responsible for any expense related to the preparation and submission of its bid.

Texas General Land Office and Veterans Land Board -8- IFB No. 3670-JW

BID SUBMISSION AND DELIVERY

3.4.1 Deadline

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

3.4.2 Labeling

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

3.4.3 Delivery

Bidders must upload bids to the following Box™ URL:

UPLOAD BIDS HERE!

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

3.4.4 Alterations, Modifications, and Withdrawals

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

HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

The GLO/VLB is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. The GLO/VLB encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic and gender-neutral means. Pursuant to Texas Government Code, §2161.181 and §2161.182, and the GLO/VLB’s HUB policy and rules, the GLO/VLB makes a good-faith effort to increase HUB participation in its contracts. The GLO/VLB does this by contracting directly with HUBs or indirectly through subcontracting.

It is the policy of the General Land Office to promote and encourage contracting and subcontracting opportunities for State of Texas certified Historically Underutilized Businesses (HUBs) in compliance with Chapter 2161 of the Texas Government Code and 34 TAC §20.285. Definitions for State of Texas HUB-certifiable businesses may be found under 34 TAC §20.282. The GLO/VLB encourages eligible bidders to become State of Texas certified HUBs. State of Texas HUB applications may be found at:

https://texashub.gob2g.com.

https://txglo.app.box.com/f/f839d03fe7264e0aae97b881a6ac368a https://texashub.gob2g.com/

Texas General Land Office and Veterans Land Board -9- IFB No. 3670-JW

VENDOR PERFORMANCE REPORTING

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

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

As of January 24, 2017, the VPTS reporting methodology was revised so that vendors are assigned a letter grade (A-F) rather than the historic satisfactory/unsatisfactory ratings. The report grades for historic reports will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory.” New reports will be graded on the A-F scale as now required by statute.

A bidder’s past performance shall be measured in the VPTS by a letter grade that combines any historic ratings with ratings using the new letter grade system in the method described in 34 TAC §20.115.

The GLO/VLB is authorized to consider past performance when determining contract award as part of the “Best Value” standard, in compliance with applicable provisions of Texas Government Code, §§2155.074, 2155.075 and 2156.125. The GLO/VLB may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, the GLO/VLB may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts.

Any such investigations shall be at the sole discretion of the GLO/VLB, and any negative findings, as determined by the GLO/VLB, may result in non-award to the bidder.

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

Texas General Land Office and Veterans Land Board -10- IFB No. 3670-JW

ARTICLE IV. TERMS AND CONDITIONS

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

1. BIDDING REQUIREMENTS:

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

1.2 Bids shall be submitted on this form. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

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

1.4 Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

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

1.6 Bid prices must be firm for GLO/VLB acceptance for 120 days from bid opening date. “Discount from list” bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.7 Bidder shall enter its Federal Employer’s Identification Number/Taxpayer Identification Number (TIN), full firm name, and address on the form. Enter this information in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right-hand corner.

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

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

2. AWARD NOTICE:

2.1 The State reserves the right to make an award on the basis of low line item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items at the sole discretion of the State. The State also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of the State. Any contract may also be extended up to three months at the sole discretion of the State.

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

2.3 The State shall not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive bids will not be considered. Email jaynee.williams@glo.texas.gov for bid receipt confirmation.

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

3. SPECIFICATION:

3.1 Catalogs, brand names or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under §2155.067 of the Texas Government Code. If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered must be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brands names, numbers, and other information the GLO/VLB requests.

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

3.3 All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from

UL, FMRC or NEMA.

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

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

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

4. TIE BIDS:

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

5. DELIVERY:

5.1 Bidder must show the number of days required to place material in receiving agency’s designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. The GLO/VLB may reject a bid it determines contains an unrealistic delivery time.

mailto:jaynee.williams@glo.texas.gov

Texas General Land Office and Veterans Land Board -11- IFB No. 3670-JW

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

5.3 Default in promised delivery (without prior acceptance by the GLO/VLB) or failure to meet specifications authorizes the GLO/VLB to purchase the goods or services described in this IFB elsewhere and charge any increased costs for the goods or services, including the cost of re-bidding, to the bidder.

5.4 No substitutions are permitted without written approval of GLO/VLB.

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

GLO/VLB.

6. INSPECTION AND TESTS:

All goods may be subject to inspection and test by the State. Authorized GLO/VLB personnel shall have access to supplier’s place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. Bidder shall bear all costs of testing if products tested fail to meet or exceed all specifications. Goods delivered and rejected in whole or in part may, at the State’s option, be returned to the bidder or held for disposition at bidder’s expense. Latent defects may result in revocation of acceptance.

7. AWARD OF CONTRACT:

A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through a purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in §2155.074, 2155.144, 2155.441, 2156.010, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award when specified. Any legal actions must be filed in a court of competent jurisdiction in Travis County, Texas in accordance with section 24 of this Article IV.

8. PAYMENT:

Before authorizing payment to Bidder, the GLO/VLB shall evaluate Bidder’s performance using the performance standards set forth in the Contract. Bidder shall submit invoices to the GLO/VLB for delivered goods or completed services not later than the 15th day of the month after delivery or completion. The GLO/VLB shall make no payments without Bidder’s prior submission of detailed, correct invoices. The GLO/VLB shall make payments in accordance with Chapter 2251 of the Texas Government Code. Payments under the Contract are subject to the availability of appropriated funds. Bidder acknowledges and agrees that payments due under the Contract are contingent upon the GLO/VLB’s receipt of funds appropriated by the Texas Legislature and the contract is subject to termination in whole or in part, without penalty to the GLO/VLB, if such funds are not appropriated. ALL Bidder invoices shall: 1) be submitted via email to VendorInvoices@GLO.TEXAS.GOV; 2) be supported by documentation that, in the judgment of the GLO/VLB, allows for full substantiation of the costs incurred; and

3) prominently display the Purchase Order number. Payment may be delayed if Bidder does not submit invoices in strict accordance with the instructions in this section. The GLO/VLB shall not pay interest, fees, or other penalties for late payments resulting from Bidder's failure to submit invoices in strict accordance with the instructions in this section.

9. PATENTS, TRADEMARKS, OR COPYRIGHTS:

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

10. BIDDER ASSIGNMENTS:

Bidder hereby assigns to the GLO/VLB any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, including Texas Business and Commerce Code Chapter 15. Bidder shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the GLO/VLB. Any attempted assignment in violation of this provision is void and without effect.

11. BIDDER AFFIRMATIONS:

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

11.1 The bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

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

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

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

Enter the Name and Social Security Numbers for each person below:

Texas General Land Office and Veterans Land Board -12- IFB No. 3670-JW

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

11.5 Under §2155.004 Government Code, the bidder certifies that the individual or business entity named in this bid or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. §2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

11.6 As required by §2252.903, Government Code, bidder agrees that any payments due under a contract resulting from this IFB shall be directly applied towards eliminating any debt or delinquency, including but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by Comptroller of Public Accounts (CPA) under §403.055, 403.0551, 2252.903, Government Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

11.7 Pursuant to §669.003, Government Code, neither the GLO or VLB may not enter into a contract with a person who employs a current or former executive head of the GLO/VLB until four years have passed since that person was the executive head of the GLO/VLB. By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of the GLO/VLB in the past four years. If bidder does employ a person who was the executive head of the GLO/VLB, provide the following information:

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Bidder:

Date of Employment with Bidder:

11.8 In accordance with §2155.4441, Government Code, bidder agrees that during the performance of a contract for services, it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

11.9 Bidder certifies that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that bidder is in compliance with the State of Texas statutes and rules relating to procurement and that bidder is not listed on the federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at: https://www.sam.gov/portal/public/SAM

11.10 Sections 2155.006 and 2261.053, Government Code, prohibit state agencies from awarding contracts to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.004, Government Code, occurring after September 24, 2005. Under §2155.006, Government Code, bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

11.11 Bidder represents and warrants that payment to the bidder and the bidder’s receipt of appropriated or other funds under any contract resulting from this IFB are not prohibited by §556.005 or §556.008, Government Code, relating to the prohibition of using state funds for lobbying activities.

11.12 Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to GLO/VLB under the IFB and any resulting contract, if any, and that bidder’s provision of the requested items under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety.

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

11.14 Bidder represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552 of the Government Code, may apply to the Contract and the bidder agrees that the Contract can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

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

11.16 Under Section 2155.0061 of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

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

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

12. NOTE TO BIDDER:

If bidder takes any exceptions to any provision of the IFB, these exceptions must be specifically and clearly identified by section in bidder’s bid in response to the IFB and bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a “blanket exception” to the entire IFB. If any bidder takes a “blanket exception” to the entire IFB or does not provide proposed alternative language, the bidder’s bid may be disqualified from further consideration. Any terms and https://www.sam.gov/portal/public/SAM

Texas General Land Office and Veterans Land Board -13- IFB No. 3670-JW conditions bidder attaches to its bid will not be considered unless specifically referred to in the bid. The GLO/VLB reserves the right to accept or reject any term or condition bidder attaches to its bid.

13. PROTEST PROCEDURES:

Any actual or prospective bidder who is aggrieved in connection with this IFB, evaluation, or award of any contract resulting from this IFB may formally protest as provided in CPA’s rules at 34 TAC §§20.531-.538.

14. DISPUTE RESOLUTION:

Except as otherwise provided by statute, rule, or regulation, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used by the bidder to attempt to resolve any dispute arising under any contract resulting from this IFB. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY

BY THE GLO/VLB.

15. NON-APPROPRIATION OF FUNDS:

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

16. TEXAS PUBLIC INFORMATION ACT:

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

17. CONFLICT OF INTEREST:

Under §2155.003 of the Texas Government Code, a GLO/VLB employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation or contract for future reward or compensation. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in Section 1.2 of the State of Texas Procurement Manual which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethnics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of GLO/VLB. Bidder has disclosed in writing to the GLO/VLB all existing or potential conflicts of interest related to its bid and the performance of the contract.

18. FORCE MAJEURE:

Neither bidder nor GLO/VLB, shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this IFB caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonable have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

19. INDEPENDENT CONTRACTOR:

Bidder is and shall remain an independent contractor in relationship to the GLO and VLB. The GLO/VLB shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against the GLO/VLB for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

20. INDEMNIFICATION: Bidder shall indemnify, defend, and hold harmless the General Land Office, and/or THEIR

OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR

DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Contractor 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 CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND CONTRACTOR MAY NOT AGREE

TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE

ATTORNEY GENERAL.

Texas General Land Office and Veterans Land Board -14- IFB No. 3670-JW

21. INFRINGEMENTS:

a) Contractor 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 BIDDER PURSUANT TO THIS CONTRACT. CONTRACTOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH

OTHER OF ANY SUCH CLAIM. CONTRACTOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE

INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE

CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL.

b) Contractor shall have no liability under this section of 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 Contractor’s written approval, (iii) any modification made to the product by the Contractor 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 Contractor becomes aware of an actual or potential claim, or Customer provides Contractor with notice of an actual or potential claim, Contractor may (or in the case of an injunction against Customer, shall), at Contractor’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.

22. RIGHT TO AUDIT:

In addition to and without limitation on the other audit provisions of this IFB, pursuant to §2262.154, Texas Government Code, the state auditor may conduct an audit or investigation of the bidder or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the bidder or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the bidder or other entity that is subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. This IFB or any contract resulting from this IFB may be amended unilaterally by GLO/VLB to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.154, Texas Government Code. Bidder will ensure that this clause concerning the authority to audit funds received by subcontractors through the bidder and the requirement to cooperate is included in any subcontract it awards.

23. FRAUD:

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

24. APPLICABLE LAW AND VENUE:

Bidder agrees that the Contract in all respects will be governed by and construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws. Bidder also agrees that the exclusive venue and jurisdiction of any legal action or suit concerning the Texas General Land Office or Veterans Land Board under this Contract is in Travis County Texas, and that any such legal action or suit shall be brought in a court of competent jurisdiction in Travis County, Texas. NOTHING IN THIS IFB SHALL BE CONSTRUED AS A WAIVER OF THE GLO/VLB’S SOVEREIGN

IMMUNITY.

25. FUNDING OUT CLAUSE:

This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative or executive budget cuts, amendments of the Appropriations Act, state agency consolidations, or any other disruptions of current appropriations, provisions of the Termination Article shall apply.

26. DRUG-FREE WORKPLACE:

Bidder must comply with the applicable provisions of the Drug-Free Work Place Act of 1988.

27. ORDER OF PRECEDENCE:

In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract (or Notice of Award), Attachments to the Contract (or Notice of Award), GLO/VLB Purchase Order, Invitation for Bids, and Bidder’s Response to Invitation for Bids.

28. BOYCOTT OF ISRAEL PROHIBITION:

To the extent Chapter 2271, Texas Government Code applies to Bidder and the Contract, Bidder represents and warrants that it does not boycott Israel and will not boycott Israel during the term of the Contract.

29. PROHIBITED BUSINESS ENGAGEMENTS:

By submitting a bid, Bidder represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

30. IRON AND STEEL PRODUCTS:

If the Solicitation is for completion of a “project” (as defined by Texas Government Code §2252.201) in which iron or steel http://glo.texas.gov/

Texas General Land Office and Veterans Land Board -15- IFB No. 3670-JW products will be used, Bidder agrees any iron or steel product produced through a “manufacturing process” (as defined by Texas Government Code §2252.201) and used in the project shall be produced in the United States.

31. AMENDMENTS:

31.1 The Contract may be amended only upon written agreement between GLO/VLB and Awarded Bidder; however, any amendment of this Purchase Order that…