ESBD_378002_1727805327487_IW196791.pdf

PCHBPINVl JB00086 Page _i_ of _____a_

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CONTRACTS AND PROCUREMENT

IF' NOT BIDDlNG CO NOT RE'rURN THIS FORM.

AGENCY TO II\IVOICE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

ACCOUNTS PAYABLE

P.O. BOX 4018

HUNTSVILLE, TX 77342-4018

111;5ffjA110t,101' IIIQOll8 F ill'f'ERBIT:rHAN P.llQW;

SEE BELOW

DDJ\19Y l!f DAU," CA:!IH lllllCOUNT ;-, llAYS CIIII NU :11 (:had! balg-,w ii pr■•t.rHn �I .. IW•d Ulld11r i4 Tl!,C XIII• 211:Jlll L.l Goods proauced or offered b� a TBi:as biddar that is owne(J ti�· a Te1.c1s rnsidenl senrice-disabled velerari U G90ds �roducedin T•axQarafrarad bl} a Te:xnbld!'.ler

1h al 16 rtot owned tly a Texas rfl1>ielen t 9·8'\lic�-<1 i8abl ed velar;;tn

Ll Ag riaul!ure prod uc(S prod utled or }J JOWA 1n TX U FOducts ar-i d f..,1\/iceis .one� by :rx bidders U . . . . ed bya

Te11as resideril servloe-di�abletl veteran U Services ol'h!nKtby a Texas bldderthetJsnDtDwnaa by e T&Kas ragiden! Set\Pice-cllaabied V$teran [ _ _) T�i-::e,s 1,1a9eiaticrn nallveitc lhe r�icn U USA prodLJCecl supplies. malefi.afs, .eql.liprl"le.H or

"'9 ricultu�l prod acts U Pr1:1duc1S0f1;ielllicl'l6Wilh manta otph)1'111cal dl:;abdHlas U Fro ducla mad� of r!Ki)lclGd. reman Lli\!lcturo::i. or erwironmen!.al'!I' sen9iliw material� in cl ud ing rec;rcted

&IHI

U lent ?roducts U . �6.Phall pavin; ma!eriaf U RBc:,cJilcl mclor ail arid lubrican!s [ I Products pr;.duc.;id !II facilities looated on fo,l'lietly

- oon1Bmt,1'1a1Bd J]fCPBl1y

U Producui;and &ervie9shom ooonomlcally depriatis'ild er �lQht�d a,r��

U Varidcr!I that meet ar eilceedl Bir qualit,, stam!ardr.

(_I Rsc:,oclad or reu!i'l:!d cs':lm!;)uter equipnumt ef other man uf.ac1uta1s [_) Foods orl'llgher"utrl!klRal\1alua (for .:::omiumpllc.11 in a p utllic L.afel.eria c n 1:1') C.J C,a mmerclal p R>duc::lori company or itdverfiriin e a,g enc;' located in Te:i,;

IF BIDDING

Each bid mt.1111 be, placed i ri asep arate envelope wllh bta opening cieti\l.

bltl nLlmber, anii_ purcnassr namEI

:annoteled 1nvned1a•eh' tielcw rd:am addre1>6.

on SEAL:E!'l BIO

8'1VEt.OPE

ISSUE DATE: SEPTEMBER 3 0, 2 02 4

lBlD NO. IW196791 iB[D OPENING 3P.IM, OCTOBER 15, 2024

PURCHASER:: JORDAN, BRIAN

PltlONE.: . . 9.3 6-437-3901

FAXED BIDS WILL NOT BE AC•CEPTED

UNLESS NOTED BELOW

,r· fAII...URETQ SIGN WILL DISQUALIFY BID 'I"

□ATE

n'PEJJ NAME ClF SK'iNER

IF BIDDING, RETURN SEALED BIDS TO:

TEXAS OE�AR.Tl.4ENT OF €RIMINAL JUSTICE CONTRIIDTS ANC PROCUR l!':MENT DEPARTMENT TWO FINANCl:At PLAZA, STE. �25

HUNTSVII.LE, TEXAS 71340

• VENOQR ADDRESS ANO 1Detr1FK::ATION NUMBER.

\IENOOR ID NUMB�

Bidder Must FIii

E•:?..id fll1on■ma,"11 l.1 ra- -,,.,.,,x,irltf 'Nr;Jfflbllr 1�1•llocDiln1

Nameol Firm

:3rreal Ad·d ra11s

City,. stale, Zip tly '!l'.igilllll, 11111 tlld, �li:!Qfu Qm'I 1r1 ... _I 11�1 I[ ii 1•11,1� iidtlFMi4 � -�•lllW(I ai;; Ut• aiddrea-11 ai lbB bidder. biddm-q□ii!ifia!I aa:s a T<i'Kii! BIO�[ aa rla!inetl irt 5iO!i("Jn i 156)1,44(e) c,! 1n1 l'l•U G(l,•Wnm .. 1 COil■, Bidder agr:e,es !□• <0omp1y wilh ell :erms and □oodiuom1 bekr,.. aml □" attaooad l,ll!jH

QUOT"! l',0.B. DeS�INATION PRl!PAiD AND ALLOWl!D

THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE (TDCJ) IS CURRENTLY

REQUESTING BIDS TO ESTABLISH A PURCHASE ORDER FOR THE PROCUREMENT OF

POLYPROPYLENE RESIN.

BID SUBMISSION REQUIREMENTS:

CONTINUED ON NEXT PAGE

PCHBPINV2 JB00086

CONTRACTS ANO PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZAt STE. 525

Conti nu atton Page 2_ of 8 _

Bid Opening Date:

HUNTSVILLE, TX 77340 Bid Number:

OCTOBER 15, 2024

IW196791

BIDDER MUST flLL IN -----1•► Nam12 of Bidder:. _________ _

ELECTRONIC SUBMISSION (PREFERRED)

USE THE FOLLOWING EMAIL ADDRESS TO SUBMIT A RESPONSE ELECTRONICALLY:

BIDS@TDCJ.TEXAS.GOV

THE EMAIL SUBJECT LINE SHOULD CONTAIN THE SOLICITATION NUMBER.

THE BIDDER IS SOLELY RESPONSIBLE FOR ENSURING THAT ITS

RESPONSE IS RECEIVED BY THE TDCJ BEFORE THE DEADLINE AT THE

PROPER DESTINATION SERVER. IT IS RECOMMENDED THAT BIDDER

BEGIN THE PROCESS WELL IN ADVANCE OF THE BID SUBMISSION TIME ON

THE OPENING DATE.

THE TDCJ RECOMMENDS A LIMIT OF 10 MB OF ATTACHMENTS PER EMAIL.

TO MEET THIS LIMIT, A RESPONSE MAY BE SPLIT INTO MULTIPLE EMAILS.

IN ADDITION, PLEASE BE AWARE THAT YOUR INTERNET SERVICE PROVIDER

MAY LIMIT THE SIZE OF ATTACHMENTS TO OUTGOING MAIL.

ALL DOCUMENTS SHOULD BE SUBMITTED IN MICROSOFT OFFICE FORMATS (WORD

AND EXCEL) OR IN A FORM THAT MAY BE READ BY MICROSOFT OFFICE SOFTWARE.

ANY DOCUMENTS WITH SIGNATURES SHALL BE SUBMITTED AS AN ADOBE PORTABLE

DOCUMENT FORMAT (PDF) FILE. RESPONSES IN OTHER FORMATS MAY BE

DISQUALIFIED.

THE TDCJ TAKES NO RESPONSIBILITY FOR ELECTRONIC RESPONSES THAT ARE

CAPTURED, BLOCKED, FILTERED, QUARANTINED, OR OTHERWISE PREVENTED FROM

REACHING THE PROPER DESTINATION SERVER BY ANY ANTI-VIRUS OR OTHER

SECURITY SOFTWARE.

TO CONFIRM RECEIPT OF ELECTRONIC SUBMISSION, REQUEST CONFIRMATION

BY EMAIL.

*** FAXED BIDS WILL NOT BE ACCEPTED. ***

HARD COPY SUBMISSION:

IN LIEU OF ELECTRONIC SUBMISSION, THE TDCJ CURRENTLY ACCEPTS HARD COPY

RESPONSES. BIDDER MUST SUBMIT ONE (1) ORIGINAL SIGNED PAPER COPY.

THE TDCJ WILL DOCUMENT RECEIPT OF HARD COPY RESPONSES WITH A TIME

STAMP.

BIDS MUST BE RECEIVED BY THE DATE AND TIME STATED ON THE INVITATION

CONTRACTS ANO PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZAt STE. 525

Conti nu atton Page 3_ of 8 -

Bid Opening Date:

HUNTSVILLE, TX 77340 Bid Number:

OCTOBER 15, 2024

IW196791

BIDDER MUST flLL IN -----1•► Nam12 of Bidder:. _________ _

FOR BID DOCUMENT OR ANY AMENDMENTS THAT EXTEND THE OPENING DATE.

SUBMIT BIDS (MONDAY-FRIDAY, EXCEPT STATE HOLIDAYS FROM 8:00 AM TO

5:00 PM) TO:

TDCJ CONTRACTS AND PROCUREMENT

2 FINANCIAL PLAZA, SUITE 703

HUNTSVILLE, TEXAS 77340

SOLICITATION NUMBER: IW196791

ATTENTION: BRIAN JORDAN

ALL COMMUNICATIONS AND QUESTIONS CONCERNING THIS SOLICITATION,

INCLUDING ANY OF A TECHNICAL NATURE, SHALL BE MADE IN WRITING TO THE

PURCHASER REFERENCED ON THIS SOLICITATION. BIDDERS ARE SPECIFICALLY

BARRED FROM MAKING CONTACT WITH ANY USER DEPARTMENT PERSONNEL INVOLVED

IN THIS SOLICITATION FOR THE PURPOSE OF DISCUSSING THIS SOLICITATION.

VIOLATION MAY RESULT IN BIDDER DISQUALIFICATION.

BIDDERS ARE ENCOURAGED TO MAKE CONTACT WITH EITHER P.O.C. BETWEEN

THE HOURS OF 8:00AM - 5:00PM MONDAY THROUGH FRIDAY, EITHER BY EMAIL

OR TELEPHONE. PLEASE CONTACT BRIAN JORDAN AS THE PRIMARY CONTACT.

ALL CONTACT INFORMATION CAN BE FOUND ON THE LAST PAGE OF THIS

SOLICITATION.

PLEASE BE ADVISED THAT THE DEADLINE FOR ALL QUESTIONS CONCERNING

THIS SOLICITATION WILL BE OCTOBER 3, 2024 AT 12:00 PM (CST).

ANY REQUESTS FOR FURTHER INFORMATION WILL NOT BE CONSIDERED

AFTER THIS DATE AND TIME. ANSWERS WILL BE POSTED TO THE

ELECTRONIC STATE BUSINESS DAILY (ESBD) IN THE FORM OF AN

AMENDMENT. THE ANTICIPATED POSTING DATE FOR THE AMENDMENT IS

OCTOBER 8, 2024.

SPECIFICATION SHEETS ARE REQUIRED TO BE SUBMITTED WITH BID AND SHOULD

BE MARKED OR HIGHLIGHTED TO SHOW COMPLIANCE OR VARIANCE WITH THE

CORRESPONDING SPECIFICATION DENOTATION.

BIDDERS ARE CAUTIONED TO READ CAREFULLY THE SPECIFICATION(S). BIDDERS

MUST DIRECT OUR ATTENTION TO ANY EXCEPTIONS TO THE SPECIFICATION(S),

EVEN THOUGH YOUR CATALOG OR SPEC SHEET MAY OR MAY NOT LIST

SPECIFICATIONS FOR YOUR PRODUCT.

BIDDER IS REQUESTED TO PROVIDE THE NAME, PHONE NUMBER, AND EMAIL OF

A POINT OF CONTACT FOR THE SUBMITTED BID RESPONSE. BIDDER IS HEREBY

ADVISED THAT THIS POINT OF CONTACT WILL NOT BE RECOGNIZED AS OR

ACCEPTED IN LIEU OF THE 'AUTHORIZED SIGNATURE' REQUIREMENTS OF THIS

INVITATION FOR BID.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CONTRACTS ANO PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZAt STE. 525

Cantinuatton Page 4_ of 8 _

Bid Opening Date:

HUNTSVILLE, TX 77340 Bid Number:

OCTOBER 15, 2024

IW196791

BIDDER MUST flLL IN -----1•► Nam12 of Bidder:. _________ _

NAME: ----------------

PHONE NUMBER:

EMAIL: ----------------

SAMPLE REQUIREMENTS:

THE TDCJ MAY REQUIRE SAMPLES PRIOR TO AWARD FOR EVALUATION

PURPOSES.

IF REQUESTED, BIDDER MUST SUBMIT SAMPLES WITHIN FOURTEEN (14) CALENDAR

DAYS UPON NOTIFICATION. LATE OR NON-RECEIPT OF SAMPLES MAY RESULT

IN DISQUALIFICATION. THE TDCJ WILL PROVIDE SUBMITTAL INSTRUCTIONS

FOR SAMPLES AT THE TIME OF THE REQUEST.

SAMPLES MUST BE EXACTLY AS PROPOSED IN THE BID TO THIS SOLICITATION.

THE SAMPLE(S) MUST CONFORM TO THE ITEM SPECIFICATIONS OF THIS

INVITATION FOR BIDS. A SAMPLE NOT CONFORMING TO THE SPECIFICATIONS

WILL BE DISQUALIFIED.

SAMPLES WILL NOT BE RETURNED TO THE BIDDER. ANY AND ALL COST

ASSOCIATED WITH THE SAMPLES WILL BE INCURRED BY THE NOTIFIED

BIDDERS.

A SAMPLE SHALL BE 50 LBS OF RESIN TO BE RUN THROUGH TDCJ MACHINES

TO TEST FOR PRODUCT QUALITY.

THE TDCJ REQUESTS THAT YOU QUOTE FREIGHT F.O.B. DESTINATION, PREPAID

AND ALLOWED. IF FREIGHT IS TO BE ADDITIONAL, BIDDER MUST STATE

FREIGHT/DELIVERY CHARGES NOT TO EXCEED$ ____ IF AMOUNT LINE IS

LEFT BLANK, THE TDCJ WILL ASSUME THAT FREIGHT WILL NOT BE CHARGED OR

IS INCLUDED IN THE PRICE OF THE ITEM.

DELIVERY MAY BE A FACTOR IN THIS AWARD. PLEASE GIVE THE BEST

AVAILABLE DELIVERY:

ITEM STOCK NUMBER CONT

665-67

QUANTITY U/M

42000.0000 EA

IMPACT COPOLYMER POLYPROPYLENE RESIN, VIRGIN

FDA APPROVED

MELT FLOW RATE, ASTM Dl238

UNIT PRICE EXTENSION

CONTRACTS ANO PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZAt STE. 525

Conti nu atton Page .:i_ of 8 _

Bid Opening Date:

HUNTSVILLE, TX 77340 Bid Number:

OCTOBER 15, 2024

IW196791

BIDDER MUST flLL IN -----1•► Nam12 of Bidder:. _________ _

ITEM STOCK NUMBER CONT QUANTITY U/M UNIT PRICE

MASS FLOW RATE (230 CELCIUS /2.16 KG), MINIMUM: 20.0 G/10 MIN

TENSILE PROPERTIES, ASTM D638

STRENGTH:

MINIMUM: 3,000 PSI

MAXIMUM: 3,300 PSI

ELONGATION PERCENTAGE:

MINIMUM: 5

MAXIMUM: 8

FLEXURAL MODULUS, ASTM D790/A

MODULUS PSI:

MINIMUM: 132,000

MAXIMUM: 170,000

IMPACT PROPERTIES, ASTM D256

NOTCHED IZOD IMPACT, FT-LB/IN:

MINIMUM: 12

MAXIMUM: NO BREAK

THERMAL PROPERTIES, ASTM D648

HEAT DISTORTION, FAHRENHEIT:

MINIMUM: 180 DEGREES

MAXIMUM: 208 DEGREES

REFERENCE BRANDS:

MANUFACTURER NAME: STARPLAS

MANUFACTURER PART NUMBER: PPC0-20NB

OR

MANUFACTURER NAME: INEOS

MANUFACTURER PART NUMBER: PP N20G-00

DELIVER TO:

TDCJ - WYNNE UNIT

SIGN/GRAPHICS PLANT

810 FM 2821 WEST

HUNTSVILLE, TX 77349

SUSPENSION, DEBARMENT, AND TERRORISM:

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://li'Jli'JW.SAM.GOV/.

EXTENSIONS

CONTRACTS ANO PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZAt STE. 525

Conti nu atton Page 6_ of 8 _

Bid Opening Date:

HUNTSVILLE, TX 77340 Bid Number:

OCTOBER 15, 2024

IW196791

BIDDER MUST flLL IN -----1•► Nam12 of Bidder:. _________ _

ITEM STOCK NUMBER CONT QUANTITY U/M UNIT PRICE

BIDDER AGREES THAT ANY PAYMENTS DUE UNDER THIS CONTRACT WILL BE

APPLIED TOWARDS ANY DEBT, INCLUDING BUT NOT LIMITED TO DELINQUENT

TAXES AND CHILD SUPPORT THAT IS OWED TO THE STATE OF TEXAS.

AWARDED VENDOR AGREES THAT ANY PAYMENTS DUE UNDER THE PURCHASE

ORDER OR CONTRACT SHALL BE DIRECTLY APPLIED TOWARDS ELIMINATING

ANY DEBT OR DELINQUENCY IT HAS TO THE STATE OF TEXAS INCLUDING,

BUT NOT LIMITED TO, DELINQUENT TAXES, DELINQUENT STUDENT LOAN

PAYMENTS, AND DELINQUENT CHILD SUPPORT.

IN ACCORDANCE WITH SECTION 2252.907, GOVERNMENT CODE, THE BIDDER

ACKNOWLEDGES THAT THIS CONTRACT AND INFORMATION CREATED OR

MAINTAINED IN CONNECTION WITH THIS CONTRACT IS PUBLIC INFORMATION

AND SUBJECT TO DISCLOSURE AS PROVIDED BY CHAPTER 552, GOVERNMENT

CODE (TEXAS PUBLIC INFORMATION ACT).

THE PUBLIC INFORMATION ACT MAY REQUIRE THE BIDDER TO MAKE INFORMATION

RELATED TO THIS CONTRACT AVAILABLE TO THE PUBLIC PURSUANT TO A REQUEST

FOR PUBLIC INFORMATION. THE BIDDER AGREES, UPON REQUEST, TO MAKE

INFORMATION RELATED TO THIS CONTRACT THAT IS NOT OTHERWISE EXCEPTED

FROM RELEASE BY THE PUBLIC INFORMATION ACT AVAILABLE TO THE PUBLIC IN

HARD COPY, UNLESS THE REQUESTOR OF THE INFORMATION CONSENTS TO RECEIVE

THE INFORMATION IN ANOTHER MUTUALLY AGREEABLE FORMAT. THE BIDDER

ACKNOWLEDGES THAT THE AGENCY SHALL NOT PROVIDE LEGAL COUNSEL RELATED

TO THE BIDDER'S COMPLIANCE WITH THE PUBLIC INFORMATION ACT.

THE VENDOR AGREES NOT TO USE ANY ARTIFICIAL INTELLIGENCE IN THE

PERFORMANCE OF THIS CONTRACT WITHOUT PRIOR WRITTEN CONSENT OF THE

TDCJ.

SECURITY:

WHEN MAKING DELIVERIES TO CORRECTIONAL FACILITIES, CONTRACTOR'S

COMPLIANCE WITH TDCJ SECURITY PROCEDURES IS REQUIRED. THIS

INCLUDES DELIVERIES TO ALL TDCJ UNITS AND WAREHOUSES, OR ANY

OTHER TDCJ OWNED, LEASED, OR CONTRACTED PREMISES. SPECIFIC

REQUIREMENTS INCLUDE, BUT ARE NOT LIMITED TO:

1. ALL CONTRACTOR STAFF OR CONTRACTED DELIVERY SERVICE MAKING

DELIVERIES WITHIN A CORRECTIONAL FACILITY, AND THOSE AREAS

WHERE INMATES ARE ASSIGNED, WILL BE REQUIRED TO HAVE A

SECURITY ESCORT THROUGHOUT THEIR DELIVERY. ALL DELIVERY

STAFF SHALL BE REQUIRED TO FOLLOW THE DIRECTION OF SECURITY

STAFF. DELIVERY STAFF SHALL NOT INTERACT WITH INMATES.

FURTHERMORE, CONTRACTOR STAFF SHALL ADHERE TO THE PROVISIONS

FOUND IN PERSONNEL DIRECTIVE PD-29, "SEXUAL MISCONDUCT WITH

INMATES," WHICH IS LOCATED ON THE TDCJ WEBSITE AT

HTTP://WWW.TDCJ.TEXAS.GOV/DIVISIONS/HR/HR-POLICY/PD-29.PDF.

(NOTE: THIS ADDRESS MUST BE IN LOWER CASE LETTERING WHEN ENTERED

CONTRACTS ANO PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZAt STE. 525

Conti nu atton Page 'L of 8 -

Bid Opening Date:

HUNTSVILLE, TX 77340 Bid Number:

OCTOBER 15, 2024

IW196791

ITEM

BIDDER MUST flLL IN -----1•► Nam12 of Bidder:. _________ _

STOCK NUMBER CONT QUANTITY

IN THE ADDRESS BAR OF YOUR BROWSER.)

U/M UNIT PRICE

THE CONTRACTOR SHALL NOTIFY EACH OF THE CONTRACTOR'S STAFF

ACCESSING TDCJ'S PREMISES OF THE PROVISIONS WITHIN THIS DIRECTIVE,

PRIOR TO ANY DELIVERY.

2. ALL DELIVERY STAFF AND VEHICLES ARE SUBJECT TO SEARCH AND

INSPECTION WHILE ON TDCJ PROPERTY.

3. ALL VEHICLES WILL BE LOCKED AND SECURED WHEN NOT IN USE.

DRIVERS ARE REQUIRED TO KEEP KEYS IN THEIR DIRECT POSSESSION

AT ALL TIMES.

4. DELIVERY STAFF SHALL NOT INTRODUCE ANY TYPE OF CONTRABAND ONTO

ANY TDCJ FACILITY. EXAMPLES OF CONTRABAND INCLUDE, BUT ARE NOT

LIMITED TO FIREARMS, KNIVES, WEAPONS OF ANY TYPE, TOBACCO OF ANY

TYPE, ALCOHOL, CONTROLLED SUBSTANCES (ILLEGAL DRUGS), PAGERS, AND

CELL PHONES. DELIVERY STAFF MAY NOT CARRY MORE THAN TWENTY-FIVE

DOLLARS ($25.00) IN CASH INTO ANY TDCJ FACILITY.

5. DELIVERY EMPLOYEE'S ATTIRE MUST BE APPROPRIATE OR COMPATIBLE

WITH THE CURRENT BUSINESS ENVIRONMENT.

6. GENERALLY, EX-INMATES SHALL NOT BE ALLOWED INSIDE THE FENCED

PERIMETER OF A FACILITY TO MAKE DELIVERIES UNLESS APPROVED BY

THE UNIT WARDEN. THE WARDEN MAY NOT ALLOW AN EX-INMATE ON

A UNIT OR FACILITY, WHETHER INSIDE OR OUTSIDE THE FENCED

PERIMETER, IF THE WARDEN BELIEVES THE PERSON MAY JEOPARDIZE

THE SAFE AND ORDERLY OPERATION OF THE UNIT OR FACILITY, POSE

A DANGER TO INMATES OR EMPLOYEES, OR PLACE AN UNDUE LOGISTICAL

BURDEN ON STAFF.

7. MINORS AND PETS ARE PROHIBITED FROM TDCJ PROPERTY AND SHALL

NOT BE IN DELIVERY VEHICLE.

TDCJ RESERVES THE RIGHT TO IMMEDIATELY REMOVE AND/OR REFUSE

ENTRY TO ANY INDIVIDUAL WHO HAS VIOLATED THE ABOVE RESTRICTIONS.

THE UNIT WARDEN OR FACILITY ADMINISTRATOR WILL ULTIMATELY BE

RESPONSIBLE FOR INTERPRETING THESE RULES.

FOR QUESTIONS OR INQUIRIES CONTACT:

KELLY HAYNES, CTCD, CTCM

TDCJ CONTRACTS AND PROCUREMENT

TWO FINANCIAL PLAZA, SUITE 703

HUNTSVILLE, TX 77340

PH: 936-437-3861

EMAIL: KELLY.HAYNES@TDCJ.TEXAS.GOV

FOR QUESTIONS OR INQUIRIES CONTACT:

CONTRACTS ANO PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZAt STE. 525

HUNTSVILLE, TX 77340

Conti nu atton Page _8_ of 8 _

Bid Opening Date:

Bid Number:

OCTOBER 15, 2024

IW196791

BIDDER MUST flLL IN -----1•► Nam12 of Bidder:. _________ _

ITEM STOCK NUMBER CONT

BRIAN JORDAN, CTCD

QUANTITY

TDCJ CONTRACTS AND PROCUREMENT

TWO FINANCIAL PLAZA, SUITE 703

HUNTSVILLE, TX 77340

PH: 936-437-3901

EMAIL: BRIAN.JORDAN@TDCJ.TEXAS.GOV

U/M UNIT PRICE EXTENSIONS

TERMS AND CONDITIONS

1. Bidding Requirements:

1.1 Bidders must comply with all rules, regulations

and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

goods and services, including the cost of rebidding, to the bidder.

4.3 No substitutions permitted without written

approval of the TDCJ Contracts and Procurement Department.

4.4 Delivery shall be made during normal working

hours only, unless prior approval has been obtained from the TDCJ.

1.2 Bids should 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.

I. IO Award Notice: 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. 5. Inspection And Tests:

1.3 Bids must be time stamped at the office

designated in the solicitation on/or before the hour and date specified for the bid opening. Any bid received at the designated location after the exact time specified will not be considered unless TDCJ determines that it was properly addressed and i□ the possession of TDCJ prior to the specified time but was late due to mishandling by the agency.

1.4 Late and/or unsigned bids will not be considered

under any circumstances. Person signing bid must have the authority to bind the firrn in a contract.

1.5 Quote F.O.B. destination, freight prepaid and

allowed, unless otherwise stated within the specifications.

1.6 Bid prices are requested to be firm for TDCJ

acceptance for 30 days from bid opening date.

"Discount from list" bids are not acceptable unless requested. An offer for an early payment discount may be considered in making an award.

Cash discounts offered will be taken if earned.

1.7 Bidder should enter Texas Identification Number

System (T.1.N.S.) number, full finn name and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, finn name should appear on each continuation page of a bid, in the block provided in the upper right hand comer. The Texas ID Number is the payee identification number assigned and used by the Comptroller of Public Accounts of Texas to process payment for goods/services. If this number is not known, please visit https://frnx.cpa.texas.gov/fin/pubs/payment/pay pro poli?s=ppp forms&p=app tin to set up a

Texas Identification Number:

Enter Federal Employer's Identification Number

I I I I I I I I I I I In an effo11 to minimize identity theft, every company MUST have an Employer Identification Number (EIN), also known as a federal tax identification number prior to award of a contract.

For information on obtaining your EIN, you may call 800-829-4933 or visit the following website:

http://www.irs.gov/businesses/.

1.8 Bid cannot be altered or amended after opening

time. Alterations made before opening time should be initialed by bidder or authorized agent.

No bid can be withdrawn after opening time without approval by the TDCJ based on an acceptable written reason.

1.9 Purchases made for State use are exempt from the

State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

Rev.03/07/2023

1.11 Consistent and continued tie bidding could cause

rejection of bids by the TDCJ and/or investigation for antitrust violations.

2. Specification:

2.1 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 adve11ised as a proprietmy purchase under Government Code, Title IO, Subtitle D, Section 2155.067. If bidding on other than reference specification(s), 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 are requested to be made part of the bid.

Failure to take exception to specifications or reference data wi II require bidder to furnish specified brand names, numbers, etc.

2.2 Unless otherwise specified, items bid shall be new

and unused and of current production.

2.3 All electrical items must meet all applicable

OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

2.4 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 narne and address, and bid number. Do not enclose in or attach bid to sample.

2.5 The State will not be bound by any oral statement

or representation contrary to the written specifications of this Invitation For Bids (lFB).

2.6 Manufacturer's standard warranty shall apply

unless othe,wise stated in the IFB.

3. Tie Bids:

Awards will be made in accordance with 34 TAC Rules 20.207 (c) (2) and 20.306 (preferences).

4. Delivery:

4.1 Show number of days required to place material

in TDC.l's receiving location under normal conditions. Delivery days means calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to delivery in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

4.2 If delay is foreseen, vendor shall give written

notice to the TDCJ. Vendor must keep the TDCJ advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TDCJ to purchase the goods and services of this IFB elsewhere and charge any increased costs for the

6.

7.

8.

All goods will be subject to inspection and test by the State. Authorized TDCJ 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. All costs shall be borne by the vendor in the event products tested fail to meet or exceed all conditions and requirements of tbe specification. Goods delivered and rejected in whole or in pat1 may, at the State's option, be returned to the vendor or held for disposition at vendor's expense.

Latent defects may result in revocation of acceptance.

Award of Contract:

6.1 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 as the same may be amended from time to time. Tbe factors listed in Texas Government Code, Title IO, Subtitle D, Section

2155.074 and Section 2156.007 shall also be considered in making an award when speci lied.

Any legal actions must be filed in Travis County, Texas.

6.2 The TDCJ award policy shall consist of, but not

be limited to, the following factors in combination, but not necessarily in their order of importance:

A. Prices;

B. Bidders previous record of perfonna□ce and seIVice;

C. Quality and specifications;

confonnance to

D. Any other best value factors so indicated.

Advertising of Award

The awm·ded vendor agrees not to refer to awards in commercial adve11ising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the TDCJ or is considered by the TDCJ to be superior to other products or services.

Payment:

Payment shall be made thirty calendar days after the later of ([) the date an uncontested invoice is received,

(2) the date goods are received, and (3) the date services are completed. Refer to Texas Government Code, Chapter 2251.

Page I of 5

9.

10.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

TERMS AND CONDITIONS

Vendor Maintenance Direct Deposit and Substitute

W-9 Form (Electronic Funds Transfer):

Government Code 403.016 ( c) (3) encourages state agencies to transmit payments to vendors through electrooic funds transfer (Direct Deposit). To set up your account, contact agency Accounts Payable Branch at (936) 437-8761 or (936) 437-6357.

Regardless as to whether Direct Deposit is chosen, the awarded vendor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to TDCJ Accounts Payable. Vendors who have already submitted a form for another separate purchase order are not required to submit another form. The form and instructions are found at the following link on the TDCJ website:

https:/ /www.tdcj.texas.gov/divisions/bfd/acct acct s pay.html. To enroll for advance notification of electronic funds transfer to your account, please contact the number listed above. Payment information may be obtained by calling the Comptroller of Public Accounts toll free at (800) 531-5441, ext. 3-3660 or in Austin, Texas, call (512) 463-3660 or to receive via fax, call (512) 936-3461 or via the Internet at bm,s://fmx.cpa.state.tx.us/fin/payment/index.php.

Vendors may select Option 3 (PIN not required} and enter their vendor identification number and 696 for the agency number.

Shipping and Invoice Instructions:

Failure to follow these shipping and invoice instructions may result in merchandise being rejected at the receiving dock and returned to the vendor without notice.

Shipping Instructions:

I. Ensure items(s) is sent to the correct unit/department within the TDCJ as 1 isled on the purchase order.

2. Do not over ship. Overages shall be returned at the vendor's expense unless items are of indeterminable quantity such as sand or gravel.

3. Ship individual line items complete.

4. Each prut shipped shall have a prut number or be tagged with a pait number as it apperu·s on tbe pw-chase order. If items are shipped without a part uumber, they will be returned to the vendor at vendor's expense.

5. Include or mark purchase order numbers ou all packing slips, cartons, packages, bundles, etc.

Invoicing Instructions:

I. The invoice must be itemized with the description, unit price, unit of measure and extension exactly as listed on the purchase order.

2. Only items listed on the purchase order may be billed and paid for by the TDCJ.

3. Any changes to the purchase order are only valid upon receipt of a purchase order change notice (POCN) from the authorized purchaser.

4. Invoices must reference the purchase order number. Only one purchase order number on an invoice. (Purchase order number always begins with an "E", example- EX000123)

5. Vendor must supply a valid payee identification number (PIN) on each invoice.

Rev.03/07/2023

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

11.

6.

7.

8.

Invoices must be sent to Accounts Payable, P.O.

Box 4018, Huntsville, TX 77342-4018. *Only discounted invoices may be emailed.

Discounted invoices may be emailed to tdcj.ap invsvs@tdcj.texas.gov.

Submit separate invoices for each shipment/per location.

Indemnification:

11.1 Acts or Omissions

Vendor shall indemnify and hold harmless the State of Texas and Customers, 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 Vendor 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 VENDOR WITH THE OFFICE

OF THE ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED DEFENDANTS

IN ANY LAWSUIT AND VENDOR MAY NOT

AGREE TO A

N

Y SETTLEMENT WITHOUT FIRST

OBTAINING THE CONCURRENCE FROM THE

OFFICE OF THE ATTORNEY GENERAL. VENDOR

AND THE CUSTOMER AGREE TO FURNISH

T[MEL Y WRITTEN NOTICE TO EACH OTHER OF

ANY SUCH CLAIM.

11.2 Infringements

A. Vendor 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 paity claims iuvolviug infriugement of United States patents, copyrights, trade ai1d service marks, and any other intellectual or intangible prope1ty rights in connection with the

PERFORMANCES OR ACTIONS OF

VENDOR PURSUANT TO THIS

CONTRACT. VENDOR AND THE

CUSTOMER AGREE TO FURNISH TIMELY

WRITTEN NOTICE TO EACH OTHER OF

ANY SUCH CLAIM. VENDOR SHALL BE

LIABLE TO PAY ALL COSTS OF DEFENSE

INCLUDING ATTORNEYS' FEES. THE

DEFENSE SHALL BE COORDINATED BY

VENDOR WITH THE OFFICE OF THE

ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED

DEFENDANTS IN ANY LAWSUIT AND

VENDOR MAY NOT AGREE TO ANY

SETTLEMENT WITHOUT FIRST

OBTAINING THE CONCURRENCE FROM

THE OFFICE OF THE ATTORNEY

GENERAL.

B. Vendor shall have no liability under this section if 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 Vendor's written approval, (iii) any modifications made to the product by the Vendor 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

12.

13.

with the tenns of any applicable license agreement.

C. If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor'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.

11.3 The parties agree that the terms, covenants and

provisions of paragraphs 11.1, and 11.2, shall survive the termination of this purchase order.

Vendor Assignments:

Vendor hereby assigns to TDCJ any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A.

Section I, et seq. (1973), and the antitrust laws of the State of Texas. TEX. Bus. & Comm. Code Ann. Sec.

15.01 et seq. (1967).

Recycled Products:

Any product(s) being bid on this solicitation containing recycled material, whether post-consumer or pre-consumer, or is a product that has been remanufactured, rebuilt, or otherwise restored to a like new condition, shall be indicated as such on the appropriate line items as having either a recycled con lent or is a remanufactured product.

14. Material Safety Data Sheets:

When applicable, Material Safety Data Sheets are to be provided with each shipment.

15. Electronic and Information Resources Accessibility Standards, as required by 1 TAC Chapter 213:

15.l State agencies shall procure products which comply with the State of Texas Accessibility requirements for Electronic and lnformation Resources specified in I TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

15.2 Vendor shall provide the TDCJ with the URL to

its Voluntary Product Accessibility Template (VPAT} for reviewing compliaL1ce with the State of Texas Accessibility requirements (based on the federal stai1dards established under Sectiou 508 of the Rehabilitation Act), or indicate that the product/service accessibility infonnation is available from the General Services' Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). Vendors not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide the TDCJ with a report that addresses the same accessibility criteria in substantively the same fonnat. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at http://www.section508.gov/ .

16. E-Verify System

The TDCJ shall require the following as a condition of all service contracts:

By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of:

I. All persons employed to perform duties within Texas, during the term of the Contract; and

2. All persons (including subcontractors) assigned by the Respondent to perform work pursuant to the Contract, within the United States of America.

The Contractor shall provide, upon request of the TDCJ, an electronic or hardcopy screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form 1-9 for the three most recent hires that match the criteria above, by the Contractor, and Contractor's subcontractors, as proof that this provision is being foUowed.

If this certification is falsely made, the Contract may be immediately terminated, at the discretion of the state and at no fault to the state, with no prior notification. The Contractor shall also be responsible for the costs of any re-solicitation that the state must undertake to replace the terminated

Contrnct.

17. Bidder Affirmation:

Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon atlixed, the bidder hereby certifies that:

17.1 Suspension, Debarment, and Terrorism: 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 mies 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.

17.2 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.

17.3 Neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such finn, corporation, or institution has violated the antihust laws of this State or the Federal Antihust Laws (see section 12, above), nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

17.4 Pursuant to Section 2155.004, Government Code, neither the bidder nor any person or entity which will participate financially in any contract resulting from this IFB has received compensation for participation in the preparation of the specifications for this IFB. Under Section 2155.004, Government Code, the bidder ce,tifies 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. Section 2155.004

Rev.03/07/2023

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

prohibits a person or entity from receiving a slate contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

17.5 Pursuant to Section 231.006 (d), Family Code re:

child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to Section 231.006 must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid.

Enter Name & Social Security Numbers for each person. This information must be provided prior to contract award.

Name:

Social Security Number:

Name:

Social Security Number:

Name:

Social Security Number:

Name:

Social Security Number:

FEDERAL PRIVACY ACT NOTICE: This notice is given pursua□t to the Federal Privacy Act. Texas Family Code Section 231.006 requires a bid or an application for a contract, grant, or loan paid from state funds to include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. The Social Security numher(s) will be kept confidential and only disclosed in accordance with Texas Family Code Section 231.302.

17.6 Sections 2155.006 and 2261.053, Govemment

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 Section 418.004, Goverrm1ent Code, occurring after September 24, 2005. Under Sections

2155.006 and 2155.0061, Govemment 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.

17.7 As required by Section 2252.903, Government

Code, bidder agrees that any payments due under a purchase order or 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, regardless of when debt is incurred, until the debt is paid in full. Bidder shall comply with rules adopted by the Comptroller of Public Accounts under Sections 403.055, 403.055 l, 2252.903, Government Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

17.8 Bidder certifies that they are in compliance with

Section 669.003 of the Government Code, relating to contracting with executive head of a State agency. If Section 669.003 applies, bidder will complete the following information in order for the bid to be evaluated:

Name of Former Executive:

Name of State Agency: ___________ _

Date of Separation from State Agency: _____ _

Position with Bidder: ____________ _

Date ofEmployment with Bidder: ______ _

17.9 1n accordance with Section 2155.4441, Govemment Code, bidder agrees that during the perfomiance 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.

17.10 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 Section 556.005 or Section 556.008, Government Code, relating to the prohibition of using state funds for lobbying activities.

17.11 Bidder represents and warrants that it has no

actual or potential conflicts of interest in providing the requested items to TDCJ under the IFB and any resulti□g 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.

17.12 Bidder ce1tifies that they are in compliance with

Section 572.069 of the Government Code relating to employment of a former state officer or employee. A former state officer or employee of the TDCJ who during the period of state service or employment pmticipated on behalf of the TDCJ on a procurement or contract negotiation involving a business entity may not accept employment from that business entity before the second anniversmy of the date the officer's or employee's se,vice or employment with the TDCJ ceased.

17 .13 If the bidder is required to make a certification pursuant to Texas Govemment Code, Section 227 l.002, the bidder certifies that they are in compliance with Chapter 2271 of the Govermnent Code relating to the prohibition of a state agency contracting with companies that boycott Israel or boycotts Israel during the term of the Contract. 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 the certification is inaccurate.

17.14 Bidder ce1tifies that they are in compliance with

Chapter 2252.152 of the Government Code relating to the prohibition of a state agency contracting with companies that are engaged in business with Iran, Sudan, or foreign terrorist organizations. 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 tenninated and Payment withheld if this certification is inaccurate.

17.15 Bidder certifies that they are in compliance with

Chapter 2274 of the Government Code relating to the prohibition of contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state. The bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified

Contract and acknowledges that this contract may be terminated and Payment withheld if this certification is inaccurate.

17.16 Pursuant to Texas Health & Safety Code Section

I 61.0085, respondent ce,tifies that it does not require its customers to provide any documentation certifying the customer's

COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent's business.

Respondent acknowledges that such a vaccine or recovery requirement would make

Respondent ineligible for a state-funded contract.

17.17 Pursuant to Government Code Section 2274.0102, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is:(I) majority owned or controlled by citizens or governmental entities of

China, Iran, N 01th Korea, Russia, or any other country designated by the Governor under

Government Code Section 2274.0103, or (2) headquartered in any of those countries.

17.18 If Respondent is required to make a verification

pursuant to Section 2274.002 of the Texas

Government Code, Respondent verifies that

Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

17.19 lfRespondent is required to make a certification pursuant to Section 2271.00 I of the Texas

Government Code, Respondent certifies that

Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Respondent does not make that certification, Respondent must indicate that in its Response and state why the ce,tification is not required.

17.20 Under Section 2155.004(b) of the Texas

Government Code, Respondent certifies that the individual or business entity named in this

Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this ce,tification is inaccurate.

Rev.03/07/2023

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

17.21 If Respondent is required to make a verification

pursuant to Section 2274.002 of the Texas

Government Code, Respondent verifies that it

(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of tbe contract against a firearm entity or firearm trade association. lf Respondent does not make that verification, Respondent must so indicate in its

Response and state why the verification is not required.

17.22 Pursuant to Texas Constitution, A1iicle VIII §6, respondent shall defend, indemnify, and hold harmless agency and the State of Texas from and against any and all claims, violations, misappropriations or infringement of any patent, trademark, copyright, trade secret or other imellectual property rights and/or other intangible property, publicity or privacy rights, and/or in connection with or arising from: (I) the performance or actions of Respondent pursuant to this contract; (2) any deliverable, work product, configured service or other service provided hereunder; aud/or (3) Agency's and/or Respondent's use of or acquisition of any requested services or other items provided to

Agency by Respondent or otherwise to which

Agency bas access as a result or Respondent's performance under the contract. Respondent and agency agree to furnish timely written notice to each other of any such claim.

Respondent shall be liable to pay all costs of defense, including attorney's fees. The defense shall be coordinated by Respondent with the office of the Texas Attorney General (OAG) when Texas State Agencies are named defendants in any lawsuit and Respondent may not agree to any settlement without first obtaining the concurTence from OAG. In addition, Respondent will reimburse Agency and the State of Texas for any claims, damages, costs, expenses or other amounts, including, but not limited to, attorneys' fees and court costs, arising from any such claim. If Agency determines that a conflict exists between its interests and those of Respondent or if Agency is required by applicable law to select separate counsel, Agency will be permitted to select separate counsel and Respondent will pay all reasonable costs of Agency's counsel.

18. Note to Bidder:

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

19. 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 TDCJ's rules found in Texas

Administrative Code, Title 37, Part 6, Chapter 155, Subchapter D, Rule 155.41. r

20. Dispute Resolution:

Any dispute arising under this Contract that is not disposed of by mutual agreement between the TDCJ and Contractor shall be resolved according to "Procedures for Resolving Contract Claims and Disputes," Rule Section 155.3 I, Texas Administrative Code, Title 37, Pait 6, Chapter 155, Subchapter C.

A. If authorized to adjudicate a breach of contract claim against the TDCJ under Chapter 114, Civil Practice and Remedies Code, Contractor, prior to filing suit, shall comply with the dispute resolution process in subsections I 55.31(h) - (q) of Rule 155.31 "Procedures for Resolving Contract Claims and Disputes." However, references therein to Chapter 2260 or the State Office of Administrative Hearings shall be inapplicable if contractor files suit under Chapter 114, Civil Practice and Remedies Code, after completion of the dispute resolution process.

B. Neither the occurrence of an event uor the pendency of a claim constitutes grounds for the suspension of performance by tbe contractor, in whole or in part.

C. This provision shall not be construed to prohibit contractor from seeking any other legal or equitable remedy to which it is entitled.

21. Availability of Funds for Next Fiscal Year

Funds are not presently available for performance under this contract beyond the current fiscal year for which the contract becomes effective. (Note: a state agency's fiscal year begins September I st and runs through August 3 I st). TDCJ's obligation for performance of this contract beyond the fiscal year for which the contract becomes effective is contingent upon legislative approval and the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of TDCJ for any payment may arise for perfo1111ance under this contract beyond the fiscal year for which the contract becomes effective until funds are made available to TDCJ for performance and until the contractor receives notice of availability. Refer to Section 23, Paragraph 2, Termination for Unavailability of Funds, for TDCJ's right to terminate this contract in the event it is appropriated insufficient funds.

22. Termination for Unavailability of Funds

The payment of money by TDCJ or the State under any provisions hereof is contingent upon the availability of funds appropriated by the Legislature to an agency or department of tbe State to cover the provisions hereof. Neither the State, TDCJ nor its elected officials, officers, employees, agents, attorneys or other individuals acting on behalf of the State, make any representations or warranty as to whether any appropriation will, from time to time during the term of this contract, be made by the Legislature of the State.

The contractor acknowledges that TDCJ does not receive a "line item appropriation". If the funds appropriated are not sufficient to pay for TDCJ's operating expenses, contractual obligations and other financial obligations, TDCJ, in its sole discretion, will determine what operating expenses, contrach1al obligations and other financial obligations it will pay.

In the event TDCJ determines it was not appropriated sufficient money, TDCJ may terminate this contract without paying contractor any additional money or penalty; provided that TDCJ will…