ESBD_381281_1730126258889_R5207982-IW200464.pdf

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

TERMS AND CONDITIONS

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

Rev. / /202 Page 1 of 5

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.

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.

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 in 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 firm 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.I.N.S.) number, full firm name and address of bidder on the face of this form. Enter 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. 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://fmx.cpa.texas.gov/fm/pubs/payment/pay_ pro_pol/?s=ppp_forms&p=app_tin to set up a

Texas Identification Number:

Enter Federal Employer’s Identification Number

In an effort 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.

1.10 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.

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 advertised as a proprietary purchase under Government Code, Title 10, 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 will 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 name 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 (IFB).

2.6 Manufacturer’s standard warranty shall apply

unless otherwise 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 TDCJ'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 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.

5. Inspection And Tests:

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 the specification. Goods delivered and rejected in whole or in part 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.

6. 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. The factors listed in Texas Government Code, Title 10, Subtitle D, Section

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

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 performance and service;

C. Quality and conformance to specifications;

D. Any other best value factors so indicated.

7. Advertising of Award

The awarded vendor agrees not to refer to awards in commercial advertising 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.

8. Payment:

Payment shall be made thirty calendar days after the later of (1) 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.