ESBD_376605_1726251866182_IFB 3568-RS Equipment for Tx State Veterans Cemeteries Final 1.pdf

Texas General Land Office & Veterans Land Board -1- IFB 3568-RS

TEXAS GENERAL LAND OFFICE

& VETERANS LAND BOARD

INVITATION FOR BIDS NO. 3568-RS

Equipment for Texas State Veterans Cemeteries

2 Excavators, 2 Utility Work Machines & 2 Wheeled Dumpers – West Texas State Veterans

Cemetery, Lubbock, TX

1 Utility Work Machine & 1 Wheeled Dumper – Central Texas State Veterans Cemetery, Killeen, TX

1 Wheeled Dumper – Texas State Cemetery – Abilene, TX

Class 760 / Items 50 & 90 Class 071 / Items 53 & 77

Release Date: September 13, 2024 Deadline for Submission: October 14, 2024 at 2:00 p.m. CT

Solicitation Point of Contact: Bob Sonnier, CTCM, CTCD Bob.Sonnier@GLO.Texas.Gov

You are responsible for checking the Electronic State Business Daily (ESBD) website, https://www.txsmartbuy.gov/esbd for any addenda to this Solicitation. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Bidder’s failure to check periodically the ESBD will in no way release that Bidder from addenda or additional information resulting in additional requirements to the Solicitation.

mailto:Bob.Sonnier@GLO.Texas.Gov https://www.txsmartbuy.gov/esbd

Texas General Land Office & Veterans Land Board -2- IFB 3568-RS

TEXAS GENERAL LAND OFFICE

& VETERANS LAND BOARD

INVITATION FOR BIDS

SIGNATURE PAGE

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

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 on https://www.txsmartbuy.gov/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 Bidder, as defined in Texas Government Code, § 2155.444.

Please enter your Federal Employer’s Identification Number/Taxpayer Identification Number (TIN). Please attach a signed copy of IRS form W-9, Request for Taxpayer Identification Number and Certification.

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.: 3568-RS Bob Sonnier, CTCM, CTCD IFB Deadline October 14, 2024, 2:00 P.M. CT bob.sonnier@glo.texas.gov Upload Bids to Box™ : Box Link: Upload Here

(512) 475-4901 https://www.txsmartbuy.gov/esbd mailto:bob.sonnier@glo.texas.gov https://txglo.app.box.com/f/250a4a7fe6eb488cb83a3ea77acc7bf8

Texas General Land Office & Veterans Land Board -3- IFB 3568-RS

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

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) and the Texas Veterans Land Board (“VLB”) (collectively the “GLO/VLB”) issue this Invitation for Bids (“IFB”) to solicit bids for Equipment for Texas State Veterans Cemeteries to be delivered to three (3) different Texas State Veterans Cemetery locations in Lubbock, Killeen, and Abilene, Texas. Please see Section 2.1 for complete product specifications.

A vendor may bid for any or all the cemetery location(s). Multiple vendors may be awarded under this solicitation.

The GLO/VLB will consider the best value for the state as directed by Texas Government Code, §2155.074, when awarding contract(s). The GLO/VLB reserves the right to award the bid to best serve the interests of the State and may accept or reject all or part of any bid that does not meet the specifications provided, including delivery time. Bidders must complete and execute this IFB form. Additional information on the GLO/VLB and its programs can be found at https://www.glo.texas.gov.

Basis of Payment. The basis of payment and reimbursement of costs is set forth in Exhibit A (Price Schedule). The GLO/VLB’s acceptance of deliverables specified in the contract is a condition of payment. The GLO/VLB cannot provide advanced payment for any portion of the contract amount. The GLO/VLB will only approve payment after the goods and services are received and accepted.

1.2 DEFINITIONS

“Addendum” means a written clarification or revision to the IFBs issued by the GLO/VLB.

Bidders must acknowledge receipt of any addenda in the submission of their bids.

“ARO” means After Receipt of the Order.

“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 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 the subsequent submission by that Bidder, shall all fully be incorporated into the Contract as exhibits.

https://www.glo.texas.gov./

Texas General Land Office & Veterans Land Board -4- IFB 3568-RS

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

“GLO” means the Texas General Land Office.

“IFB” means Invitation for Bids.

“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.

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

1.3 AUTHORITY

The GLO/VLB is posting this solicitation pursuant to and under Texas Government Code, §2155.067; Texas Government Code, § 2155.149; and Texas Natural Resources Code, §164.005.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office & Veterans Land Board -5- IFB 3568-RS

ARTICLE II. SPECIFICATIONS

2.1 ITEM SPECIFICATIONS AND DELIVERY INSTRUCTIONS

2.1.1 Item Specifications

A. Excavators: Two (2) delivered to Lubbock, TX with the following configuration:

• 24.8 HP Tier 4 or better

• Auto idle

• Auto-shift. 2-Speed Travel

• Auxiliary Hydraulics – Selectable Flow with Boom Mounted Flush Face Quick Couplers

• Enclosed Canopy with HVAC

• Tip Over Protective Structure (TOPS) – Meets Requirements of ISO 12117

• Falling Object Protective Structure (FOPS) – Meets Requirements of ISO 10262

• Console Control Locks

• Cup Holder, Retractable Seat Belt, Suspension Seat Roll Over Protective Structure

(ROPS) - Meets Requirements of ISO 12117-2

• Control Pattern Selector Valve (ISO/STD)

• Dozer Blade with Float

• Engine/Hydraulic Monitor with Shutdown

• Fingertip Auxiliary Control

• Fingertip Boom Swing Control

• Horn

• Hydraulic Joystick Controls

• Rubber Track

• Spark Arrestor Exhaust System

• Tier 4, Non DPF

• Vandalism Protection

• Work Lights

• Bucket Attachment Mounting System compatible with other major manufacturers buckets

• Conventional Tail Swing

• Overall width of front footprint on ground from track to track NOT TO EXCEED 65 inches

• Telematics US

• 36-inch bucket with teeth

• Bucket digging force of 7,284 lb. or better

• Maximum reach at ground level 194.5 inches

• Operating weight of 7403 lb.

• Rated lift capacity of 2975 lb. or more

• Arm digging force of 4690 lb. or better

• Maximum Dig Depth 121.2 inches

• Maximum reach at ground level 194.5 inches

• Fuel tank 13 gal. or better

Texas General Land Office & Veterans Land Board -6- IFB 3568-RS

• Lift Radius 118 inches

• Boom swing left 75 degrees, Boom swing right 55 degrees

• Max dump height 137.2 inches

• Overall height with operator cab 96.2 inches

Warranty: Two (2) Years or 2,000 hours, whichever occurs first.

B. Utility Work Machines: Three (3) Utility Work Machines (two (2) units each delivered to Lubbock, one (1) unit each delivered to Killeen) with the following configuration:

• 61 HP Diesel Fuel Engine

• Tier 4 Emissions

• 1,500 lb. Operating Capacity

• No More Than 5,680 lb. operating weight

• Up to 16.5 MPH travel speed with up to 8 MPH in reverse

• Machine rated capacity of 2200 lb.

• Cargo Box load capacity of 2,000 lb.

• Total vehicle rated capacity of 4,200 lb.

• No Longer Than 173 inches

• No Wider Than 62 inches

• No Higher Than 81 inches

• Turf Tires: 29 X 12,5 inches

• Attachment Control

• Adjustable Vinyl Seats

• All-Wheel Steer

• Automatically Activated Glow Plugs

• Auxiliary Hydraulics - Variable Flow with dual direction detent

• Beverage Holders

• Bob-Tach

• Boom Float

• Cargo Box Support

• Cruise Control

• Speed Management

• Enclosed Cab with HVAC

• Dual Port USB charger

• Lower Engine Guard

• Limited Slip Transaxle

• Engine and Hydraulic Monitor with Shutdown

• Front LED Work Lights

• Full-time Four-Wheel Drive

• Horsepower Management - Roll Over Protective Structure (ROPS)

• Meets Requirements of SAE-J1040 & ISO 3471 - Falling Object Protective Structure

(FOPS)

• Meets Requirements of SAE-J1043 & ISO3449, Level I

• Dome light

• Hydraulic Dump Box

Texas General Land Office & Veterans Land Board -7- IFB 3568-RS

• Instrumentation: Standard 5" Display with Keyless Start, Engine Temperature and Fuel Gauges, Hour meter, RPM and Warning Indicators

• Includes maintenance interval notification, fault display, job codes, quick start, and security lockouts

• Joystick, Manually Controlled with Lift Arm Float Lift Arm Support

• Parking Brake

• Automatic Power Steering with Tilt Steering Wheel

• Radiator Screen

• Rear Receiver Hitch

• Seat Belts

• Shoulder Harness

• Spark Arrestor Muffler

• Suspension, 4-wheel independent

• Tires: 27 x 10.5-15 inches (8 ply)

• Lug Tread

• Toolcat Interlock Control System (TICS)

• Two-Speed Transmission

Machine Warranty: 12 months, unlimited hours.

Engine Warranty: Additional 12 months or total of 2,000 hours after initial 12- month warranty.

C. Wheeled Dumpers: Four (4) Wheeled Dumpers (two (2) each delivered to Lubbock, one (1) each delivered to Killeen, one (1) each delivered to Abilene) with the following requirements:

• Skip Monitoring

• Inclination Monitoring

• Seat belt monitoring with start release

• Hydrostatic 4-wheel drive

• Concrete skip

• Payload 3,000 kg

• Swivel skip (volume struck 1,280 L, heaped 1,750 L, water mass 990L)

• Roll Over Protective Structure (ROPS) with gas-pressurized spring (transport height folded 1,913 mm)

• Speed 15.5 MPH

• Watertight, lockable document box

• Battery main switch reachable from ground

• Tires: 11.5/80-15.3 inches

• Diesel engine, 45 HP minimum, 3-cylinder, turbocharged, liquid cooled, Stage V emissions compliant

• Permanent all-wheel drive

• Partially-locked differential on the front axle

• Hydrostatic drive system including hydrostatic brake and brake light

• Hydrostatic articulated frame steering (load sensing

• Electrically operated spring-load parking brake

Texas General Land Office & Veterans Land Board -8- IFB 3568-RS

• EqipCare telematics hardware – subscription ready

2.1.2 Ordering of Items

This solicitation will result in one ( 1 ) or more purchase order(s) issued to one ( 1 ) or more vendors.

2.1.3 Delivery of Items

Vendor shall ensure items are delivered to the location specified in each order within ninety (90) calendar days from date of order for standard delivery.

2.1.4 Special Instructions

Bid shall include all labor, materials, tools, supplies, equipment, insurance, and personnel, including, but not limited to, standard shipping, delivery, travel expenses, associated costs and incidental costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this IFB.

Bidder must provide one point of contact for the project who will coordinate delivery, installation, and any other related duties with the GLO/VLB.

2.2 CONTRACT TERM

The GLO/VLB intend to award one (1) or more purchase orders for the goods 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.

2.3 PERFORMANCE TRACKING

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

2.4 SUBCONTRACTING (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. Bidders planning to subcontract any of the work to be performed shall identify all proposed subcontractors, HUB and non-HUB, in the HUB Subcontracting Plan.

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Texas General Land Office & Veterans Land Board -9- IFB 3568-RS

Issue Solicitation September 13, 2024

Deadline for Submitting Questions September 19, 2024 at 5:00 p.m. CT

Anticipated Release Date of Answers to Questions September 25, 2024

Deadline for Submission of Bids October 14, 2024, at 2:00 p.m. CT

Expected Notice of Award /Issuance of PO October 22, 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:

https://www.txsmartbuy.gov/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.

3.2 INQUIRIES

3.2.1 Contact

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

Name: Bob Sonnier, CTCM, CTCD Address: 1700 N. Congress Ave., Austin, Texas 78701 Phone: 800.998.4456 or 512.475-4901 Email: bob.sonnier@glo.texas.gov

Notwithstanding the above, Bidders may direct questions about the state’s Historically Underutilized Businesses (“HUB”) Program or HUB Subcontracting Plans to the GLO HUB Team contacts listed in Section 3.6 of this Solicitation.

3.2.2 Clarification

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

a) Identifying Solicitation number

b) Section number

c) Text of passage being questioned mailto:bob.sonnier@glo.texas.gov

Texas General Land Office & Veterans Land Board -10- IFB 3568-RS

d) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above. 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:

https://www.txsmartbuy.gov/esbd. Responses shall be posted as an Addendum to the Solicitation. It is 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.

3.3 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.

3.4 BID SUBMISSION AND DELIVERY

3.4.1 Deadline

Bids must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Bidders may submit their Bids any time prior to that 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.

https://www.txsmartbuy.gov/esbd.

Texas General Land Office & Veterans Land Board -11- IFB 3568-RS

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:

Box Link: Upload 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 above 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.

3.5 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

3.5.1 Introduction

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.

The State of Texas HUB Subcontracting Plan form is included with this Solicitation as Exhibit B. A Solicitation Response that does not contain a HUB Subcontracting Plan (HSP) is not responsive and will be rejected without further evaluation. A Solicitation Response will also be rejected if the GLO determines that the HSP was not developed in good faith.

Please refer to the cover letter included with Exhibit B for specific instructions for locating potential HUB subcontractors utilizing the state’s CMBL.

3.5.2 GLO HUB Team Contacts

Respondents may request courtesy reviews of HSPs and direct questions about HSPs or the HUB program to the HUB outreach staff listed below. All other questions about this Solicitation must be directed to the single point of contact listed in Section 3.2.1.

Stella Roland

Texas General Land Office & Veterans Land Board -12- IFB 3568-RS

Stella.Roland@GLO.Texas.Gov 512.662-6899

Vonda White Vonda.White@GLO.Texas.Gov 512.947-6441

3.5.3 Post-Award HSP Requirements

The GLO shall review and evaluate each HSP prior to contract award and, if accepted, the finalized HSP shall become part of each selected Provider’s contract. After contract award, the GLO will coordinate post-award meetings with the selected Providers to discuss HSP reporting requirements. The selected Providers must maintain business records documenting compliance with their HSPs and must submit monthly subcontracting reports to the GLO by completing the HUB Prime Contractor Progress Assessment Report. This monthly report is required as a condition for payment to report to the GLO the identity of and the amount paid to all subcontractors. HUB Progress Assessment Reports will be sent to: hub@glo.texas.gov.

As a condition of award, a selected Provider is required to send a notification to all selected subcontractors identified in the accepted/approved HSP. A copy of the notification must be provided to the HUB Program Office at hub@glo.texas.gov within ten (10) days of the contract award.

Provider shall obtain prior written approval from the GLO before making any changes to the HSP. Proposed changes must comply with the HUB Program good-faith effort requirements relating to the development and submission of an HSP. The requirements for an HSP change request will be covered in the post-award meeting.

Failure to meet the HSP post-award requirements will constitute a breach of contract and will be subject to remedial actions. The GLO may also report noncompliance to the Comptroller of Public Accounts in accordance with the provisions of the Vendor Performance and Debarment Program (see 34 TAC §20.585 relating to Debarment and 34 TAC §20.586 relating to Procedures for Investigations and Debarment).

3.6 VENDOR PERFORMANCE REPORTING

The GLO/VLB is required by 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.” 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.

mailto:Stella.Roland@GLO.Texas.Gov mailto:Vonda.White@GLO.Texas.Gov mailto:hub@glo.texas.gov mailto:hub@glo.texas.gov https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ http://texreg.sos.state.tx.us/public/readtac%24ext.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

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The GLO/VLB are required 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, 2155.149, 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.

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ARTICLE IV. TERMS, CONDITIONS AND EXCEPTIONS

Any purchase order awarded as a result of this IFB will contain the general terms and conditions attached hereto as Exhibit C (the “PO Terms”). The PO Terms and the 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 conflict with the terms and conditions listed below, the PO Terms shall take precedence. Subcontractors must also comply with the PO Terms 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 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. Call 512-475-5147 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 Show 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.

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.

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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 Sections 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 VI.

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 Texas Government Code Chapter 2251. 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, 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 Section 231.006(d) of the 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:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

11.5 Under Section 2155.004 of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid or any contract

Texas General Land Office & Veterans Land Board -16- IFB 3568-RS 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 Section 2252.903 of the Texas 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 Sections 403.055, 403.0551, and 2252.903 of the Texas Government Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

11.7 Pursuant to Section 669.003 of the Texas 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:

11.8 In accordance with Section 2155.4441 of the Texas 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 of the Texas 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 Section 2155.006 of the Texas 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 Sections 556.005 or 556.008 of the Texas 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 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 Chapter 552, Subchapter J of the Texas 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 Chapter 361, Subchapter Z 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 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:

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Bidder:

Date of Employment with Bidder:

https://www.sam.gov/portal/public/SAM

Texas General Land Office & Veterans Land Board -17- IFB 3568-RS

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 §20.384.

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 OR

THE 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 of the Texas 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 Section 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, Veterans Land Board, 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 contract 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 contract may not agree to any settlement without first obtaining the concurrence from the Office of the Attorney General.

21. INFRINGEMENTS:

a) BIDDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE STATE OF TEXAS AND GLO/VLB, 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. BIDDER AND THE GLO/VLB AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. BIDDER SHALL BE LIABLE TO PAY ALL

Texas General Land Office & Veterans Land Board -18- IFB 3568-RS

COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES.