ESBD_375586_1728919331258_304T-25-370M1.1 Canning Addendum No.3.pdf

Statewide Procurement Division

IFB NO. 304T-25-370M1.1 ADDENDUM NO. 3

CONTRACT SPECIALIST: Bryan Krugman, CTCD, CTCM

The purpose of this addendum is to update Part A and provide a response to questions.

UPDATE TO PART A

I. Part A.7.1 Specifications

(1) Line-Item No. 1: Cans and Ends, Round, Tin

FROM: e) Can Exterior: No surface requirements.

TO: e) Can Exterior:

i) Epoxy based exterior coating

ii) No color requirements

iii) No FDA requirement

iv) Must be able to withstand 260 degrees for 120 minutes

QUESTIONS AND ANSWERS: Reference Page 2 of this Addendum

THIS ADDENDUM SHALL BE ATTACHED TO AND FORM A PART OF THE REFERENCED IFB AND

THE CONTRACT.

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS ADDENDUM, BY SIGNING AND

RETURNING WITH RESPONSE. FAILURE TO SUBMIT THE SIGNED ADDENDUM MAY DISQUALIFY

THE RESPONSE.

RESPONDENT COMPANY NAME AUTHORIZED REPRESENTATIVE SIGNATURE

AUTHORIZED REPRESENTATIVE PRINTED NAME

Questions and Answers IFB No. 304T-25-370M1.1 Title:

Question No. Question Answer

1 Regarding point B.5.4 which refers to Disputed Invoices, it is suggested that the amount to be discounted be 50% and not 110% of any disputed amount. CPA declines to make this change.

Regarding point B.6 The Contractor must maintain and protect any information it receives, collects or creates as a result of the Contract in accordance with applicable federal, state or local laws and regulations.

The Contractor's obligations under this section will survive the Contract. In this sense, it is suggested that these have a term that concludes at the end of the contract.

CPA declines to make this change.

Regarding point B.7.3, which refers to Indemnification and Liability, the letter states:

Contractor shall indemnify and hold harmless the State of Texas, CPA, and the Clients, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNS AND/OR DESIGNEES FROM

ANY AND ALL LIABILITIES, ACTIONS, CLAIMS, DEMANDS OR

JUDGMENTS, AND ALL RELATED COSTS, ATTORNEYS' FEES AND

EXPENSES arising or resulting from any act or omission of Contractor or its agents, employees, subcontractors, order fulfillers or subcontracted suppliers in the execution or performance of the Contract and any purchase orders issued under the Contract.

THE CONTRACTOR SHALL COORDINATE THE DEFENSE WITH THE OFFICE

OF THE ATTORNEY GENERAL OF THE REPUBLIC WHEN AGENCIES OF

THE STATE OF TEXAS ARE NAMED AS DEFENDANTS IN ANY SUIT, AND

THE CONTRACTOR SHALL NOT ACCEPT ANY SETTLEMENT WITHOUT

FIRST OBTAINING A CONSULTATION WITH THE OFFICE OF THE

ATTORNEY GENERAL OF THE REPUBLIC. THE CONTRACTOR AND THE

CLIENT AGREE TO NOTIFY EACH OTHER IN WRITING OF ANY CLAIM OF

THIS TYPE.

In this regard, it is suggested that this type of indemnification and liability be applicable as long as the contractor's liability is fully demonstrated.

CPA declines to make this change.

4 In relation to point B.7.11, which refers to the applicable law and jurisdiction, It is suggested that the contract be governed by the laws of (Location). CPA declines to make this change.

Our question is regarding the interior varnish in the cans.

Is it required to be Pfas free or not yet?

There has been some changes by the FDA since late February for varnishes that come in touch with food.

All interior varnish for the cans must follow FDA guidelines currently listed in 21 CFR 175.300. Reference Part A.7 Requirements and Specifications Line-Item No. 1.d, Can Interior: Must be coated with a food safe enamel or lacquer per FDA 21 CFR 175.300.

Tin Cans and Ends For Food Processing, and Canning Equipment Maintenance

Addendum No. 3