ESBD_376613_1726260520178_POD PO IFB IW189455.docx

IW175728 Section M Texas Department of Criminal Justice Response Cover Page

This form requests basic information about the respondent and project and must be completed in its entirety, including the signature of the authorized representative.

IFB (Invitation for BID) SOLICITATION INFORMATION

1) Solicitation Number:

IW189455

3:00 p.m. CT

Description

The TDCJ is seeking bids for a Blanket Purchase Order for Air Pollution Control Services for the Ellis Unit Huntsville, Texas.

RESPONSE SUBMITTAL

*All packages must be labeled with the solicitation number and Contract Developers’ names. Reference Section L.7 for complete submittal instructions.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include street, city, county, state and 9-digit zip code):

10) Payee Name and Mailing Address, including 9-digit zip code (if different from above) (remittance address if not electing Direct Deposit):

12) Type of Entity (check all that apply):

Type: ______ M/F ______

*If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

RESPONDENT AUTHORITY AND SIGNATURE

16) Respondent Authorized Signature:

696-FD-23-P018

SUMMARY OF KEY DATES FOR BID SUBMISSION

September 13, 2024, Post to ESBD

September 24, 2024, 5:00 p.m. Deadline for Responses to Respondents Questions by the Department (Estimated)

October 3, 2024, Service Commencement Date

TABLE OF CONTENTS

PAGE

IW189455

SECTION A - CONTRACT DEFINITIONS

The following terms used in the Contract shall, unless the context indicates otherwise, have the meanings set forth:

Authorized Representative means the Person designated in writing to act for and on behalf of a party of the Contract.

Compliance Standards means Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Contract Developer means the Department employee responsible for the non-technical administration of the Contract, as described in Section G.2.1.

Day(s) means calendar Days, unless otherwise specified.

Department means the Texas Department of Criminal Justice (TDCJ).

Department Policy/Policies means all written policies, procedures, standards, guidelines, directives, and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department applicable, to providing the Services specified under this Contract.

Event of Default means any of the events or circumstances described in Section I.2.

Fiscal Year means any of the one-year periods beginning September 1 and ending August 31, which periods are used for annual budgetary purposes by the State of Texas.

Material Failure means the failure of a party to fulfill one or more obligations essential to achieving the purpose of the Contract.

Invoice means the Vendor’s invoice based on the Vendor’s completion of services and yielding the Vendor Payment to be made by the Department.

Non-Appropriation means the failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Payment(s) means the amount(s) agreed to be paid by the Department to the Vendor for Services under the Contract.

PD means the Department’s Personnel Directives.

Person means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, court or other tribunal, or government or any agency or political subdivision thereof.

Service Commencement Date means the date on which the Vendor shall begin providing Services at the Facility pursuant to the Contract.

Services means a delivery by the Vendor of the requirements in accordance with the terms and conditions of this Contract.

Subcontractor means a person or organization that contracts under, or for the performance of part or the entire Contract between the Department and the Vendor. The subcontract may be direct with the Vendor or with another subcontractor.

TBCJ means the Texas Board of Criminal Justice.

TDCJ means the Texas Department of Criminal Justice, an agency of the State of Texas, hereafter referred to as the Department.

Term means the duration of the Contract.

Vendor means the individual, partnership or corporation who performs Services under this Contract.

Working Days means Monday through Friday, unless a national recognized holiday or other holidays observed by the Agency.

Intentionally Left Blank

IW189455 Section A

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Bid Schedule

The Department is requesting bids for Air Pollution Control Services collection and analysis of air samples by phase contract microscopy (PCM) Personnel and program manager located at the Ellis Unit, Huntsville, TX.

Collected and analyzed by TEM

DELIVERY AND INSTALLATION EXPENSES

Intentionally Left Blank IW189455 Section B

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

Review Attached Scope of work form.

C.2 GENERAL DUTIES AND OBLIGATIONS

Review Attached Scope of work form.

C.3 TECHNICAL SPECIFICATIONS REQUIREMENT

Review Attached Scope of work form.

C.3.1 WARRANTY TERMS

Intentionally left blank.

C.3.2 MANUAL TERMS

Intentionally left blank.

C.3.3 TECHNICAL SPECIFICATION TERMS

Review Attached Scope of work form.

SECTION D – REQUIRED REPORTS AND CONDITIONS PRECEDENT TO AWARD

MONTHLY

PROJECT COMPLETION

OTHER

D.2 CONDITIONS PRECEDENT TO AWARD

The following are conditions precedent to the Award being an enforceable contract. In the event these conditions are not met, this Award shall be null and void and of no force or effect, unless the TDCJ agrees in writing to the contrary.

The conditions precedent to the Award are:

1. Compliance with Section H. Special Contract Requirements, paragraph 1, Insurance Requirements;

2. Compliance with Section H. Special Contract Requirements, paragraph 3, Bond Requirements (If applicable);

3. Compliance with Section K. Representations, Certifications and Other Statements of Bidders, paragraph 1, Historically Underutilized Business (HUB) Representation and Section H, Special Contract Requirements, paragraph 2.2, Historically Underutilized Business (HUB); and

IW189455 Section E

4. Compliance with Section K. Representations, Certifications and Other Statements of Bidders, paragraph 4.1, Disclosure of Interested Parties.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE OF SERVICES

A. The Department and other government regulatory agencies have the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term. The Department shall perform inspections in a manner that will not unduly interfere with the Vendor’s performance of services. The Vendor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable assistance for the safe and convenient performance of these duties.

B. From time to time the Department shall, subject to limitations provided by law with respect to rights of privacy, have the right to reasonably prompt access and to examine all records of the Vendor related specifically to the Services called for by this Contract, including financial records generated by the Vendor and its subcontractors in connection with the performance of this Contract.

C. If subject to the outcome of an audit or inspection, it is determined that the Vendor is in non-compliance with any provisions of this Contract, and/or that money is owed to the Department by the Vendor, then the Department may exercise its rights of recovery of money owed as authorized in Section G.4.3 of this Contract.

1. If any of the Services are non-compliant with the Contract requirements, as identified by the Department, the Vendor shall be notified describing the specific areas of non-compliance. The Vendor shall have a 20 Day period to file a written response detailing corrective action(s) taken to address all items of non-compliance. The response must include supporting documentation which verifies execution of corrective action(s) taken. Unless otherwise specified, or previously agreed to by the Department, the submission of a corrective action plan shall not be accepted as corrective action. For all items of non-compliance satisfactorily resolved by agreement between the Vendor and the Department, no further action regarding such items shall be taken. Any areas of non-compliance shall be corrected within 20 Days or by the date of the Department approved extension.

2. If any of the Services are non-compliant with the Contract requirements, as identified by a government regulatory agency, the Vendor must resolve all items identified as non-compliant by the deadline established by the agency.

E.2 INSPECTION BY STATE EMPLOYEES

A. The Department has the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term. The Department shall perform inspections in a manner that will not unduly interfere with the Vendor’s operation. The Vendor shall furnish, and shall require subcontractors to furnish, at no increase in Contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

B. The Vendor shall provide entry at all times by the Texas Board of Criminal Justice (TBCJ) and the Department’s authorized employees/agents for inspections and other official purposes. The Governor, members of the Legislature and all other members of the Executive and Judicial Departments of the State, as well as any other persons designated by the Department including Office of the Inspector General, shall be admitted to monitor the delivery of Services.

E.3 AUTHORITY TO AUDIT

A. The Vendor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. The Vendor further agrees to cooperate fully with the SAO, or its successor, in the conduct of the audit or investigation, including providing all records requested.

B. The Vendor shall ensure that this Clause concerning the authority to audit funds received indirectly by subcontractors through the Vendor and the requirement to cooperate is included in any subcontract it awards.

C. The Vendor shall reimburse the State of Texas for all costs associated with enforcing this provision.

D. See Section H.5, Books and Records, concerning record retention.

E. Respondent will make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, and supporting documents kept current by Respondent pertaining to the contract for purposes of inspecting, monitoring, auditing, or evaluating by Agency and the State of Texas.

E.5 FRAUD, WASTE OR ABUSE

A. In accordance with Texas Government Code, Chapter 321, the SAO is authorized to investigate specific acts or allegations of impropriety, malfeasance or nonfeasance, in the obligation, expenditure, receipt or use of State funds.

B. If there is a reasonable cause to believe that fraud, waste or abuse has occurred at this agency, it can be reported to the SAO by calling 1-800-892-8348 or at the SAO’s website at www.sao.texas.gov. It can also be reported to the TDCJ Office of the Inspector General at 1-866-372-8329, the TDCJ Internal Audit Division at 936-437-7100, or Crime Stoppers at 1-800-832-8477.

Intentionally left blank

SECTION F - DELIVERIES AND FREIGHT

F.1 DELIVERY ADDRESS

Delivery of equipment services shall be made to:

TDCJ Ellis Unit Unit Maintenance

1697 FM 980

Huntsville, TX 77340

F.2 DELIVERY/FREIGHT EXPECTATIONS

Intentionally Left Blank

F.2.1 SHIPPING INSTRUCTIONS

Intentionally Left Blank

F.3 PERIOD OF PERFORMANCE

Issue date and delivery date will be determined based off low bid and delivery time and will be reflected on purchase order. Estimated dates are on summary of key dates. Project estimated to take 90 days.

IW189455 Section F Intentionally left blank

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contract Developer will make their full text available.

Texas Government Code, Chapter 2251, Payment for Goods and Services

A. The Purchaser for this Contract is Mathew Hopkins.

B. The telephone number for the Purchaser is (936) 437-3827.

C. The e-mail address for the Purchaser is Mathew.Hopkins@tdcj.texas.gov

D. The Purchaser is responsible for general administration of this Procurement and final issuance of written changes/modifications to this Procurement.

The Vendor shall provide an Authorized Representative for this Contract who shall be responsible for the overall management and coordination of this Contract and shall act as the central Point of Contact with the Department. The Authorized Representative shall have full authority to act for the Vendor in the performance of the required Services. The Authorized Representative, or a designated representative, shall meet with the Purchaser / Contract Specialist to discuss problems as they occur. Respondent is hereby advised that this point of contact will not be recognized as or accepted in lieu of the “Authorized Signature” requirements.

B. The telephone number for the Authorized Representative is .

C. The email address for the Authorized Representative is __________________.

P.O. Box 4018 Huntsville, TX 77342-4018

G. Only discounted invoices may be emailed. Discounted invoices must be emailed to tdcj.ap-invsvs@tdcj.texas.gov.

H. Separate invoices must be submitted for each shipment / per location.

I. Incorrect invoices will be returned to the vendor for correction.

G.3.2 Invoice Requirements A. The Vendor’s Invoice shall include the following information.

1) Invoice Number and Date;

2) Company Name;

3) Purchase Order Number;

4) Time period invoice covers;

5) Remittance / Payment address;

6) Payee Identification Number (PIN);

7) Description, price, quantity of Services being billed;

8) Prompt payment discount, if applicable;

9) Itemized credits, if applicable; and

10) Supporting documentation.

B. The Vendor shall have 30 Days from receipt of Payment to submit a request for consideration to review any discrepancies or inaccuracies.

Texas Department of Criminal Justice Attention: Accounts Payable P.O. Box 4018 Huntsville, Texas 77342-4018 If the Vendor has previously submitted a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the Department for another separate contract, another form is not required to be submitted.

The form and instructions can be found at the following link on the TDCJ website: https://comptroller.texas.gov/programs/systems/direct-deposit/. To enroll for advance notification of electronic funds transfer to your account, please contact the number listed above.

In the event the Vendor elects to decline Direct Deposit on the Vendor Maintenance Direct Deposit and Substitute W-9 Form, the Payment will be mailed to the following remittance address:

Any amount owed to the Vendor more than one Day beyond the date such amount is due as described in Section G.3 hereof shall accrue interest each Day that such amount is not paid at the rate specified by Texas Government Code, Section 2251.025, provided, however, that this provision shall not excuse failure by the Department to make Payment in strict accordance with this Contract.

G.4.2 Withholding of Payment A. The Department shall have the right to withhold the Monthly Vendor Payment until the failures described below have been corrected:

1. Failure to submit reports as required in Section D;

2. Failure to respond to audit reports as set forth in Section E.1.C; and

3. Failure to correct identified areas of non-compliance to the satisfaction of the Department within 20 Days upon receipt of written notification.

B. The Vendor agrees that the Department shall not pay interest to the Vendor for monies so withheld.

C. The Monthly Vendor Payment withheld shall be released upon the Department’s satisfaction that compliance has been achieved for 30 consecutive days.

D. With the exception of disputed issues, such withholding of final Payment by the Department shall not exceed 120 Days from the date of Contract termination.

G.4.3 Right to Offset In the event the Department determines that the Vendor owes money to the Department under any contract or purchase order, the Department, upon providing the Vendor with written notice of its intent to offset, shall have the right to withhold monies due to the Vendor with respect to this Contract or purchase order or with respect to any contract or purchase order with the Department and apply such monies to the money due to the Department.

IW189455 Section G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

The Vendor shall meet the following insurance and indemnification requirements per 16 Texas Administrative Code section 74.40:

A. Coverage shall protect the TDCJ against all claims arising from service performed by the Vendor.

B. The Vendor is not a covered individual for the purposes of worker’s compensation. Any treatment of injuries incurred while under this Contract is the responsibility of the Vendor.

C. The Vendor shall also maintain worker’s compensation insurance as statutorily required by the State of Texas if the Vendor has non-contract employees working under this Contract.

D. If the Vendor hires an employee to perform any of the Services listed in this Contract, the Vendor shall provide an adequate plan of insurance that provides; (1) coverage to protect the State against all claims arising from the Services performed by the Vendor; (2) coverage to protect the State from actions by a third party against the Vendor or any subcontractor of the Vendor as a result of the Contract, and (3) coverage to protect the State from actions by officers, employees, or agents of the Vendor or any subcontractor(s). The Vendor shall maintain the following insurance coverage in full force and effect for the mutual protection and benefit of both the Department and the Vendor:

Type of Coverage Minimum Limits of Liability

Property Damage)

Automobile Liability $ 500,000 Combined single limit

The Vendor may provide the minimum coverage limits contained in an Excess or Umbrella Policy as recommended by the advice and counsel of the Vendor’s insurance provider.

H.1.1 The Vendor shall maintain insurance coverage for the mutual protection of both the Department and the Vendor against claims that may arise out of or result from the Vendor’s actions or operations hereunder, whether such actions or operations are by the Vendor or a subcontractor, or by anyone directly or indirectly employed by or acting on behalf of the Vendor or subcontractor where liability may arise for:

A. Claims under worker's compensation disability benefit, and other similar employee benefit acts;

B. Claims for damages because of bodily injury, occupational sickness or disease, or death of any Vendor employees;

C. Claims for damages because of bodily injury, sickness or disease or death of any person other than the Vendor’s employees;

D. Claims for damages insured by usual personal liability coverage that are sustained by any person as a result of an act directly or indirectly related to the employment of such person by the Vendor, or by any other person;

E. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from;

F. Claims for damages based on violations of civil rights; and

G. Claims for damages arising from fire and lightning and other casualties.

H.1.2 The insurance required by this section shall be written for not less than any limits of liability specified by the Department or required by law, whichever is greater, and shall include contractual liability insurance as applicable to the Vendor’s obligations hereunder.

H.1.3 Certificates/policies of insurance shall be filed with the Department prior to execution of the Contract. These certificates/policies shall contain a provision that coverage afforded under the policies shall not be canceled, non-renewed or materially changed except after 30 days written notice by Certified Mail to: Texas Department of Criminal Justice, Two Financial Plaza, Suite 703, Huntsville, Texas, 77340; Attn: Mathew Hopkins. The Vendor shall provide proof of insurance coverage to the Department upon renewal of such.

H.1.4 The Vendor shall name the Texas Department of Criminal Justice and its officers, employees, and elected representatives as additional insured on applicable coverage’s, i.e., General Liability and Automobile.

H.1.5 All insurance coverage is to be provided by insurance carriers licensed to conduct business in Texas. All insurance carriers shall be, at a minimum, rated “A-7” in Best’s Key Rating Guide.

H.1.6 Compliance with the foregoing insurance requirements shall not relieve the Vendor from any liability under the indemnification clause at Section I.5.

H.1.7 The Vendor agrees to waive subrogation against the Texas Department of Criminal Justice and its officers, employees and elected representatives for bodily injury (including death),property damage or any other loss on applicable coverage’s, i.e., General Liability, Automobile and Worker’s Compensation.

H.1.8 The Vendor agrees that the Vendor’s insurance is primary insurance as applicable to the Texas Department of Criminal Justice, its officers, employees and elected representatives.

H.2 SUBCONTRACTORS

A. The Vendor may subcontract for the performance of any of its responsibilities to provide Services pursuant to this Contract.

B. No subcontract may be entered into unless the Department provides prior written approval, which approval may not be unreasonably withheld.

C. If a subcontractor is deemed to be needed for an event of an emergency nature, verbal approval may be obtained through an Authorized Department Representative. The Vendor shall submit a written request with supporting documentation for approval, by the Department, as soon as possible.

D. The Vendor shall furnish to the Department copies of all subcontracts, without regard to the amount of annual payments.

E. Any arrangement by the Vendor with an affiliate or member company to provide Services to the Department shall be subject to the subcontractor provisions of this Section.

F. No contractual relationship shall exist between the Department and any subcontractor, and the Department shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected by the Vendor.

G. The Vendor shall be responsible for the management of the subcontractors in the performance of their work.

H. A subcontractor may not work directly with the Department in any manner and shall not be included in Contract negotiations, renewals, audits, or any other discussions except at the request of the Department.

I. Unless waived in writing by the Department, the subcontract shall contain the following:

1. An acknowledgement that the subcontract is subject to the Contract between the Department and the Vendor (the “Master Contract”).

2. The subcontractor shall agree to comply with the terms of the Master Contract to the extent applicable with respect to goods and Services being provided under the subcontract. It is the intention of the parties of the subcontract that the subcontractor shall “stand in the shoes” of the Vendor with respect to fulfilling the duties and obligations of the Vendor to the Department under the Master Contract.

3. The Department’s approval of a subcontract does not relieve the Vendor of its duty to perform under the Master Contract.

4. The Department shall be deemed a “third party beneficiary” to the subcontract.

H.2.1 Insurance The Vendor shall require all subcontractors to obtain, maintain, and keep in force insurance coverage in accordance with accepted industry standards and the Contract during the time they are engaged hereunder.

H.2.2 Historically Underutilized Business (HUB) A. The Vendor shall make a good faith effort to award necessary subcontracts to HUBs in accordance with Texas Government Code, Sections 2161.181-182, 2161.252(b), and Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rule 20.285. Pursuant to the Texas Comptroller of Public Accounts Rules, Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rule 20.285, the Vendor shall submit a HUB Subcontracting Plan (HSP) as part of the bid submission, as well as make a good faith effort to implement the HSP. The Vendor shall seek written approval from the Department prior to making any modifications to its HSP.

B. Bids must be submitted with completed HSP forms or bids shall be disqualified. It is strongly recommended that bidders contact the TDCJ HUB department for assistance in completing the HUB Subcontracting forms. The TDCJ HUB department contacts are Jemelle Spivey, (936) 437-3774, Yolanda Crawford, (936) 437-3777, and email address: hub@tdcj.texas.gov.

C. A detailed description of the HSP and required forms to be submitted with the bid submission are included as Exhibit J.1.

D. The Vendor shall provide notice to all subcontractors of their selection as a subcontractor for this Contract. The notice must specify, at a minimum, this Agency's name, the name of the Contract Developer, this Contract's assigned Contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract and the expected percentage of this Contract's total value that the subcontract represents. A copy of the notice shall be provided to the Contract Developer no later than 10 working days after this Contract is awarded.

E. The Vendor shall submit to the Contract Developer on a monthly basis (by the fifth [5th]) of the following month) the Prime Vendor Progress Assessment Report, which is included in Exhibit J.1.

H.4 BOND REQUIREMENTS (If applicable by Texas Government Code 2155.067) The respondent shall provide to the owner, at its own expense, within 10 working days of notification of intent to award by the TDCJ Contract Developer, in accordance with the provisions of government code title 10, section 2253.021 the required bonds as stipulated: payment bond in the amount of the bid on all bids over $25,000.00 for the sole protection of those supplying labor, materials, and/or equipment. Subcontractors are not required by the owner to execute a payment bond.

Failure of respondent to provide required bond within the time frame stipulated above may result in disqualification of offer.

Bond shall remain in effect and in full force per applicable law and until documented acceptance by the owner of work performed.

Bond shall meet the criteria established in Texas Government Code title 10, section 2253.021.

H.5 BOOKS AND RECORDS

All records and documents pertinent to the Services contracted hereunder shall be kept for a minimum seven years after the expiration or termination hereof. If any litigation, claim, or audit involving these records begins before the retention period expires, the Vendor must continue to retain said records and documents until all litigation, claims, or audit findings are resolved, meaning that there is a final Court Order from which no further appeal may be made, or a written agreement is entered into between the Department and the Vendor.

H.6 ORGANIZATIONAL AND NAME CHANGE

The Vendor shall submit written notification to the Department within 30 Days of any changes in the Vendor’s name, address, telephone number, facsimile number and/or e-mail address with an effective date of such change. The Vendor shall submit to the Department a copy of any registration “to do business as,” “DBA,” or “also known as,” “AKA,” and any legal corporate name change filed with the Secretary of State.

H.7 FREE EXERCISE OF RELIGION

The Vendor is prohibited from substantially burdening an employee’s Exercise of Religion.

H.8 SECURITY

The Vendor’s employees and representatives, vehicles and equipment must be under security surveillance at all times and are subject to inspection at any time while on state property. The Vendor agrees to abide by all Department Policies and unit rules and regulations on state property. These rules, in part, prohibit the introduction of alcohol, narcotics, weapons, gambling paraphernalia, pagers and cellphones to any state property. This includes having these items in personal vehicles of on-site employees. The Vendor’s employees may not carry more than $25.00 in cash into any Department Facility. Tobacco products are strictly prohibited on the TDCJ units, but are allowed in the personal vehicles of on-site employees or in designated smoking areas. All vehicles must be kept locked when not in use and the Vendor’s employees must stay with the vehicle when it is unlocked.

When performing services on correctional facilities, The Vendor's compliance with the TDCJ security procedures is required. Specific requirements include, but are not limited to:

1. All vendor staff performing services within a correctional facility, and those areas where offenders are assigned, will be required to have a security escort throughout the duration of the contract. All vendor staff shall be required to follow the direction of security staff. The Vendor staff shall not interact with offenders.

Furthermore, vendor staff shall adhere to the provisions found in personnel directive PD-29, “Sexual Misconduct with Offenders”, which is located on the TDCJ website at http://www.tdcj.state.tx.us/vacancy/hr-policy/pd-29.pdf. The vendor shall notify each of the vendor’s staff accessing the TDCJ’s premises of the provisions within this directive, prior to commencing work.

When making deliveries to correctional facilities, vendor's compliance with the TDCJ security procedures is required. This includes deliveries to all the TDCJ units and warehouses, or any other TDCJ owned, leased, or contracted premises. Specific requirements include, but are not limited to:

IW189455 Section H

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

The Vendor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product(s) or Service(s) provided are endorsed or preferred by the Department or is considered by the Department to be superior to other products or services.

Each of the following shall constitute an Event of Default on the part of the Vendor:

A. A Material Failure to keep, observe, perform, meet, or comply with any covenant, agreement, term, or provision of this Contract to be kept, observed, met, performed, or complied with by the Vendor hereunder, when such failure continues for a period of 20 Days after the Vendor’s receipt of written notice thereof;

B. A Material Failure to meet or comply with Department Policy, any court order, federal or state requirement or law, when such failure continues for a period of 20 Days after the Vendor’s receipt of written notice thereof;

C. A Material Failure to comply with any Department Policy for which the Vendor has been expressly required to comply and for which the Vendor has not received a prior written waiver from the Department, when such failure continues for a period of 20 Days after the Vendor’s receipt of written notice thereof;

D. Insolvency of the Vendor as evidenced by any of the following occurrences:

1. Its inability to pay its debts;

2. Any general assignment for the benefit of creditors;

3. Any decree or order appointing a receiver or trustee for it or substantially all of its property to be entered and, if entered without its consent, not to be stayed or discharged within 60 Days;

4. Any proceedings under any law relating to bankruptcy, insolvency, or the reorganization or relief of debtors to be instituted by or against it and, if contested by it, not to be dismissed or stayed within 60 Days; or

5. Any judgment, writ of attachment or execution, or any similar process to be issued or levied against a substantial part of its property which is not released, stayed, bonded, or vacated within 60 Days after issue or levy.

E. The discovery by the Department that any statement, representation or warranty in this Contract is false, misleading, or erroneous in any material respect; or

IW189455 Section I F. A failure by the Vendor to comply with contractual terms and conditions, resulting in a breach of security or health and safety standards. This Event of Default may result in the immediate termination of this Contract.

I.2.2 Further Opportunity to Cure A. If an Event of Default of the type specified in Section I.2.1 occurs and the Vendor reasonably believes that such Event of Default cannot be cured within the 20 Days allowed in Section I.2.1 but that such Event of Default can be cured through a diligent, on-going, and conscientious effort on the part of the Vendor, within a reasonable period not to exceed three months, then the Vendor may, within the 20 Day cure period, submit a detailed plan for curing the Event of Default to the Department.

B. Upon receipt of any such plan for curing an Event of Default, the Department shall promptly review such plan and at its discretion, which must be reasonable in the circumstances, may allow, or not allow, the Vendor to pursue such plan of cure.

C. The decision of the Department will be communicated in writing to the Vendor.

D. The Department agrees that it will not exercise its remedies thereunder with respect to such Event of Default for so long as the Vendor diligently, conscientiously, and timely undertakes to cure the Event of Default in accordance with the…