ESBD_386794_1734627387192_Final IFB 4537-RS Autonomous Mower for Abilene Tx State Veterans Cemetery.pdf

Texas General Land Office & Veterans Land Board -1- IFB 4537-RS

TEXAS GENERAL LAND OFFICE

& VETERANS LAND BOARD

INVITATION FOR BIDS NO. 4537-RS

Autonomous Mower for Abilene Texas State Veterans Cemetery

1 Autonomous Mower – Texas State Cemetery – Abilene, TX

Class 515 / 56 & 45

Release Date: December 19, 2024 Deadline for Submission: January 20, 2025 at 2:00 p.m. CT

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

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

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

Texas General Land Office & Veterans Land Board -2- IFB 4537-RS

TEXAS GENERAL LAND OFFICE

& VETERANS LAND BOARD

INVITATION FOR BIDS

SIGNATURE PAGE

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

CHECK BELOW TO CLAIM A PREFERENCE UNDER TITLE 34 TAC §20.306.

In case of tie bids, one or more preferences described in Title 34 TAC § 20.306 and listed below will be used to make an award. Tie bids which cannot be resolved by application of one or more preferences shall be made by drawing lots.

( ) Supplies, materials, equipment, or services produced in Texas/offered by Texas bidders or Texas bidder that is owned by a service-disabled veteran ( ) Agricultural products produced/grown in Texas ( ) Agricultural products and services offered by Texas bidders ( ) Texas vegetation native to the region for landscaping purposes ( ) USA produced supplies, materials, or equipment ( ) Products of persons with mental or physical disabilities ( ) Products made of recycled, remanufactured, or environmentally sensitive materials, including recycled steel ( ) Covered television equipment ( ) Energy efficient products ( ) Rubberized asphalt paving material ( ) Recycled motor oil and lubricants ( ) Products and services from economically depressed or blighted areas ( ) Products produced at facilities located on formerly contaminated property ( ) Vendors that meet or exceed air quality standards ( ) Paper containing recycled fibers ( ) Recycled Computer Equipment of other manufacturers ( ) Foods of Higher Nutritional Value ( ) Travel agents residing in Texas

Late bids will NOT be considered under any circumstances. Award will be posted on https://www.txsmartbuy.gov/esbd Bidder must sign bid – the laws of the State of Texas must prevail on all bids. By signing this signature page, Bidder certifies that if a Texas address is shown as the address of the Bidder, Bidder qualifies as a Texas Bidder, as defined in Texas Government Code, § 2155.444.

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

TIN: Phone: ( ) -

Business Name: Email Address:

Address: HUB Certified? [ ] Yes [ ] No

City-State-Zip: HUB #:

Signature: Print Name:

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a bid and waive minor technicalities. The State will award the contract to best serve the interests of the State.

GLO Purchasing Contact: IFB No.: 4537-RS Bob Sonnier, CTCM, CTCD IFB Deadline January 20, 2025 at 2:00 P.M. CT bob.sonnier@glo.texas.gov Upload Bids to Box™ : Upload Here!

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

mailto:bob.sonnier@glo.texas.gov https://txglo.app.box.com/f/a53b906ca0f04b5c8dba22d770d2d731

Texas General Land Office & Veterans Land Board -3- IFB 4537-RS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) and the Texas Veterans Land Board (“VLB”) (collectively the “GLO/VLB”) issue this Invitation for Bids (“IFB”) to solicit bids for an Autonomous Robotic Mower (“autonomous mower”) for the Texas State Veterans Cemetery in Abilene, Texas (“TSVC”).

An autonomous mower is required at the TSVC to increase the efficiency and effectiveness of maintenance operations there. The mower will be used in non-plot areas of the cemetery so as to allow employees more time to work on higher priority tasks. The autonomous mower is to be delivered to the TSVC. The Vendor must provide related training at cemetery site.

Please see Section 2.1 for complete product specifications.

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

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

1.2 DEFINITIONS

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

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

“ARO” means After Receipt of the Order.

“Bid” means the response submitted by a Bidder to the GLO/VLB in response to this solicitation.

“Bidder” means any person or vendor who submits a bid in response to this solicitation.

“Contract” means the Purchase Order (“PO”) awarded as a result of this IFB and all exhibits thereto. This IFB, any Addendum issued in conjunction with this IFB, the successful Bidder’s bid, and the subsequent submission by that Bidder, shall all fully be incorporated into the Contract as exhibits.

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

Texas General Land Office & Veterans Land Board -4- IFB 4537-RS

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

“GLO” means the Texas General Land Office.

“IFB” means Invitation for Bids.

“Solicitation” means this IFB.

“State” means the State of Texas, any state agency and officers, employees, or authorized agents of the State of Texas.

“TAC” means Texas Administrative Code.

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

GLO.

1.3 AUTHORITY

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

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office & Veterans Land Board -5- IFB 4537-RS

ARTICLE II. SPECIFICATIONS

2.1 ITEM SPECIFICATIONS AND DELIVERY INSTRUCTIONS

2.1.1 Item Specifications

A. Heavy Duty Autonomous Robotic Mower: ONE (1) delivered to Abilene, TX with the following configuration:

• HP: 30 HP or greater

• Hour Meter: Digital Hour Meter

• Start Type: Electric Start

• Drive: Hydro Drive

• Speed: Forward Speed of 12 MPH or better; Reverse Speed of 7 MPH

• Deck: Deck Size of 72 Inches or greater

• Deck: Floating-side Discharge Deck

• Deck: Three (3) Blade cutting system

• Deck: Minimum Cut Height of 1.5 Inches

• Deck: Maximum Cut Height of 5.5 Inches

• Ductile Iron Spindle Type

B. Software includes three (3) years of software use:

• Able to mow autonomously or with remote control

• Once boundary is set the mower will mow the remainder

• Stores and remembers maps and can repeat once the mower is placed back into the zone

• Ability to manage the mower with the supplied controller or a smart device

• Advanced fleet support

• Seamless automatic updates

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

2.1.2 Ordering of Items

This solicitation will result in one ( 1 ) purchase order issued to one ( 1 ) vendor.

2.1.3 Delivery of Items

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

2.1.4 Special Instructions

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

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

Texas General Land Office & Veterans Land Board -6- IFB 4537-RS

2.2 CONTRACT TERM

The GLO/VLB intend to award one (1) purchase order for the goods requested under this Solicitation. The GLO/VLB, at its own discretion and subject to applicable limitations in the General Appropriations Act and other law, may extend any Contract awarded pursuant to this Solicitation, upon mutual written agreement of the parties and in accordance with the Contract.

2.3 PERFORMANCE TRACKING

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

2.4 SUBCONTRACTING (IF APPLICABLE)

Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Bidder. No subcontract relieves Bidder of responsibility for ensuring the requested goods and services are provided. Bidders planning to subcontract any of the work to be performed shall identify all proposed subcontractors, HUB and non-HUB, in the HUB Subcontracting Plan.

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation December 19, 2024

Deadline for Submitting Questions January 7, 2025 at 5:00 p.m. CT

Anticipated Release Date of Answers to Questions January 10, 2025

Deadline for Submission of Bids January 20, 2025 at 2:00 p.m. CT

Expected Notice of Award /Issuance of PO January 29, 2025

NOTE: These dates represent a tentative schedule of events. The GLO/VLB reserves the right to modify these dates at any time prior to the deadline for submission of Bids upon notice posted on the Electronic State Business Daily (“ESBD”) website at:

https://www.txsmartbuy.gov/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Bids will not be posted.

Texas General Land Office & Veterans Land Board -7- IFB 4537-RS

3.2 INQUIRIES

3.2.1 Contact

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

Name: Bob Sonnier, CTCM, CTCD Address: 1700 N. Congress Ave., Austin, Texas 78701 Phone: 800-998-4456 or 512-475-4901 Email: bob.sonnier@glo.texas.gov

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

3.2.2 Clarification

The GLO/VLB will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Bidders’ names shall be removed from questions in the responses released. Submissions that deviate from the format prescribed below may not be accepted. Questions shall be submitted in the following format:

a) Identifying Solicitation number

b) Section number

c) Text of passage being questioned

d) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above. Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at:

https://www.txsmartbuy.gov/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Bidder’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section 3.2.1 above, the GLO/VLB, their representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Bidder or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Bidder. Bidder shall rely only on written statements issued through or by the GLO/VLB’s purchasing staff.

This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

mailto:bob.sonnier@glo.texas.gov https://www.txsmartbuy.gov/esbd.

Texas General Land Office & Veterans Land Board -8- IFB 4537-RS

3.3 BID COMPOSITION

3.3.1 General Requirements

Bidder shall complete and upload all documents requested in Article V, Submission Checklist, as one Portable Document Format (.pdf) file to the Box™ URL specified in Section 3.4.3. Bidder shall prepare a clear and concise Bid that focuses on the instructions and requirements of the Solicitation.

Any terms and conditions attached to a Bid will not be considered unless specifically referred to in this solicitation and may result in disqualification.

3.3.2 Costs

The GLO/VLB will not reimburse the Bidder for any cost incurred in preparation or submission of its bid. The Bidder is responsible for any expense related to the preparation and submission of its bid.

3.4 BID SUBMISSION AND DELIVERY

3.4.1 Deadline

Bids must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Bidders may submit their Bids any time prior to that deadline. Box™ shall time stamp all uploaded Bids; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall include Bidder’s company name and the title of the document; for example: “Company X: Bid.”

3.4.3 Delivery

Bidders must upload Bids to the following Box™ URL:

Upload Here!

The GLO/VLB shall not accept Bids submitted by any other means. Please contact the Point-of-contact listed in Section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Bids may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Bids. The GLO/VLB may request proof of authorization before accepting modifications, alterations, or withdrawal requests.

https://txglo.app.box.com/f/a53b906ca0f04b5c8dba22d770d2d731

Texas General Land Office & Veterans Land Board -9- IFB 4537-RS

3.5 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

3.5.1 Introduction

It is the policy of the General Land Office to promote and encourage contracting and subcontracting opportunities for State of Texas certified Historically Underutilized Businesses (“HUBs”) in compliance with Texas Government Code, §2161.001-.253, and

34 TAC §20.285.

Definitions for State of Texas HUB-certifiable businesses may be found under 34 TAC §20.282. The GLO encourages eligible Respondents to become State of Texas certified HUBs. State of Texas HUB applications may be found at:

https://texashub.gob2g.com.

An evaluation of potential subcontracting opportunities was conducted for this contract in accordance with Texas Government Code §2161.252, and it was determined that this contract does not contain any probable subcontracting opportunities. Therefore, GLO is not requiring a HUB Subcontracting Plan (HSP) to be submitted with responses to this solicitation.

3.6 VENDOR PERFORMANCE REPORTING

The GLO/VLB is required by 34 TAC §20.509 to report vendor performance through the Vendor Performance Tracking System (“VPTS”). Additional information on this system can be found on the Texas Comptroller of Public Accounts website through this link:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

As of January 24, 2017, the VPTS reporting methodology was revised so that vendors are assigned a letter grade (A-F) rather than the historic satisfactory/unsatisfactory ratings. The report grades for historic reports will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory.” Reports will be graded on the A-F scale as now required by statute. A Bidder’s past performance shall be measured in the VPTS by a letter grade that combines any historic ratings with ratings using the new letter grade system in the method described in 34 TAC §20.115.

The GLO/VLB are required to consider past performance when determining contract award as part of the “Best Value” standard, in compliance with applicable provisions of Texas Government Code, §2155.074, §2155.075, §2155.149, and §2156.125. The GLO/VLB may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, the GLO/VLB may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts.

Any such investigations shall be at the sole discretion of the GLO/VLB, and any negative findings, as determined by the GLO/VLB, may result in non-award to the Bidder.

https://texashub.gob2g.com/ https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ http://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=182505&p_tloc&p_ploc=1&pg=3&p_tac&ti=34&pt=1&ch=20&rl=115

Texas General Land Office & Veterans Land Board -10- IFB 4537-RS

ARTICLE IV. TERMS, CONDITIONS AND EXCEPTIONS

Any purchase order awarded as a result of this IFB will contain the general terms and conditions attached hereto as Exhibit C (the “PO Terms”). The PO Terms and the terms and conditions listed below in this section apply to and become part of all bids submitted in response this IFB and all goods and services delivered pursuant to this IFB. If the PO Terms conflict with the terms and conditions listed below, the PO Terms shall take precedence. Subcontractors must also comply with the PO Terms and the terms and conditions listed below.

1. BIDDING REQUIREMENTS:

1.1 Bidders must comply with all applicable rules, regulations, and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

1.2 Bids shall be submitted on this form. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

1.3 Bids must be time stamped as described in the IFB on or before the hour and date specified for the bid opening.

1.4 Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.5 Quotes are FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.6 Bid prices must be firm for GLO/VLB acceptance for 120 days from bid opening date. “Discount from list” bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.7 Bidder shall enter its Federal Employer’s Identification Number/Taxpayer Identification Number (TIN), full firm name, and address on the form. Enter this information in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right-hand corner.

1.8 Bids cannot be altered or amended after opening time. Alterations made before opening time must be initialed by bidder or its authorized agent. No bid can be withdrawn after opening time without a written request and justification approved by the

GLO/VLB.

1.9 Purchases made for State use are exempt from State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

2. AWARD NOTICE:

2.1 The State reserves the right to make an award on the basis of low line item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items at the sole discretion of the State. The State also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of the State. Any contract may also be extended up to three months at the sole discretion of the State.

2.2 Consistent and continued tie bidding could cause rejection of bids by the GLO and/or investigation for antitrust violations.

2.3 The State shall not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive bids will not be considered. Contact Bob Sonnier at bob.sonnier@glo.texas.gov for bid receipt confirmation.

2.4 Inquiries pertaining to this IFB must include the bid number, class/item codes, and opening date.

3. SPECIFICATION:

3.1 Catalogs, brand names or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Section 2155.067 of the Texas Government Code. If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered must be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brands names, numbers, and other information the GLO/VLB requests.

3.2 Unless otherwise specified, items shall be new and unused and of current production.

3.3 All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

3.4 Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the bidder, on request, at bidder’s expense. Each sample should be marked with bidder’s name, address, and bid number. Do not enclose in or attach bid to sample.

3.5 The State will not be bound by any oral statement or representation contrary to the written specifications of this IFB.

3.6 Manufacturer’s standard warranty shall apply unless otherwise stated in the IFB.

4. TIE BIDS:

4.1 Awards will be made in accordance with regulations adopted by the Texas Comptroller of Public Accounts.

5. DELIVERY:

5.1 Show number of days required to place material in receiving agency’s designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. The GLO/VLB may reject a bid it determines contains an unrealistic delivery time.

5.2 If delay is foreseen, bidder shall give written notice to the GLO/VLB. Bidder must keep the GLO/VLB advised at all times of status of order.

Texas General Land Office & Veterans Land Board -11- IFB 4537-RS

5.3 Default in promised delivery (without prior acceptance by the GLO/VLB) or failure to meet specifications authorizes the GLO/VLB to purchase the goods or services described in this IFB elsewhere and charge any increased costs for the goods or services, including the cost of re-bidding, to the bidder.

5.4 No substitutions are permitted without written approval of GLO/VLB.

5.5 Delivery shall be made during normal working hours only, unless prior approval has been obtained from the GLO/VLB.

6. INSPECTION AND TESTS:

All goods may be subject to inspection and test by the State. Authorized GLO/VLB personnel shall have access to supplier’s place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. Bidder shall bear all costs of testing if products tested fail to meet or exceed all specifications. Goods delivered and rejected in whole or in part may, at the State’s option, be returned to the bidder or held for disposition at bidder’s expense. Latent defects may result in revocation of acceptance.

7. AWARD OF CONTRACT:

A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through a purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in Sections 2155.074, 2155.144, 2155.441, 2156.010, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award when specified. Any legal actions must be filed in a court of competent jurisdiction in Travis County, Texas in accordance with Section 24 of this Article VI.

8. PAYMENT:

Before authorizing payment to Bidder, the GLO/VLB shall evaluate Bidder’s performance using the performance standards set forth in the Contract. Bidder shall submit invoices to the GLO/VLB for delivered goods or completed services not later than the 15th day of the month after delivery or completion. The GLO/VLB shall make no payments without Bidder’s prior submission of detailed, correct invoices. The GLO/VLB shall make payments in accordance with Texas Government Code Chapter 2251. Payments under the Contract are subject to the availability of appropriated funds. Bidder acknowledges and agrees that payments due under the Contract are contingent upon the GLO/VLB’s receipt of funds appropriated by the Texas Legislature and the contract is subject to termination in whole or in part, without penalty to the GLO/VLB, if such funds are not appropriated. ALL Bidder invoices shall: 1) be submitted via email to VendorInvoices@GLO.TEXAS.GOV; 2) be supported by documentation that, in the judgment of the GLO/VLB, allows for full substantiation of the costs incurred; and 3) prominently display the Purchase Order number. Payment may be delayed if Bidder does not submit invoices in strict accordance with the instructions in this section. The GLO/VLB shall not pay interest, fees, or other penalties for late payments resulting from Bidder's failure to submit invoices in strict accordance with the instructions in this section.

9. PATENTS, TRADEMARKS, OR COPYRIGHTS:

The bidder agrees to defend, indemnify, and hold harmless the GLO, the VLB, and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the GLO/VLB’s or the State’s use of any good or service provided by the bidder as a result of this IFB.

10. BIDDER ASSIGNMENTS:

Bidder hereby assigns to the GLO/VLB any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, including Texas Business and Commerce Code Chapter 15. Bidder shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the GLO/VLB. Any attempted assignment in violation of this provision is void and without effect.

11. BIDDER AFFIRMATIONS:

Bidder represents and warrants that all statements and information prepared and submitted in its bid are current, complete, true, and accurate. Submitting a bid with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the bid and any resulting contract, and the bidder shall be removed from all bid lists. By signing their bid, the bidder certifies that:

11.1 The bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

11.2 Bidder represents and warrants that neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership, or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

11.3 Pursuant to Section 231.006(d) of the Texas Family Code, regarding delinquent child support obligors, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Bidder must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid who is more than 30 days delinquent in paying child support. This information must be provided prior to award. Enter the Name and Social Security Numbers for each person below:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

11.4 Under Section 2155.004(b) of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. Section 2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

Texas General Land Office & Veterans Land Board -12- IFB 4537-RS

11.5 As required by Section 2252.903 of the Texas Government Code, bidder agrees that any payments due under a contract resulting from this IFB shall be directly applied towards eliminating any debt or delinquency, including but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by Comptroller of Public Accounts (CPA) under Sections 403.055, 403.0551, and 2252.903 of the Texas Government Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

11.6 Pursuant to Section 669.003 of the Texas Government Code, neither the GLO or VLB may not enter into a contract with a person who employs a current or former executive head of the GLO/VLB until four years have passed since that person was the executive head of the GLO/VLB. By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of the GLO/VLB in the past four years. If bidder does employ a person who was the executive head of the GLO/VLB, provide the following information:

11.7 In accordance with Section 2155.4441 of the Texas Government Code, bidder agrees that during the performance of a contract for services, it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

11.8 Bidder certifies that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that bidder is in compliance with the State of Texas statutes and rules relating to procurement and that bidder is not listed on the federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at: https://www.sam.gov/portal/public/SAM

11.9 Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from awarding contracts to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Government Code, occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

11.10 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 Sections 556.005 or 556.008 of the Texas Government Code, relating to the prohibition of using state funds for lobbying activities.

11.11 Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to GLO/VLB under the IFB and any resulting contract, if any, and that bidder’s provision of the requested items under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety.

11.12 If bidder is submitting a bid for the purchase or lease of computer equipment, then bidder certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 Tex. Admin. Code 328.

11.13 Bidder represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code.

Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Chapter 552, Subchapter J of the Texas Government Code, may apply to the Contract and the bidder agrees that the Contract can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

11.14 Upon request of the GLO/VLB, bidder shall provide descriptions of its business continuity and disaster recovery plans.

11.15 Under Section 2155.0061 of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

11.16 If bidder is submitting a bid for the purchase or lease of covered television equipment, then bidder certifies that it is compliant with Chapter 361, Subchapter Z of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

11.17 Bidder certifies that if a Texas address is shown as the address of the bidder on its bid, bidder qualifies as a Texas Bidder, as defined in Section 2155.444(c) of the Texas Government Code.

12. NOTE TO BIDDER:

If bidder takes any exceptions to any provision of the IFB, these exceptions must be specifically and clearly identified by section in bidder’s bid in response to the IFB and bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a “blanket exception” to the entire IFB. If any bidder takes a “blanket exception” to the entire IFB or does not provide proposed alternative language, the bidder’s bid may be disqualified from further consideration. Any terms and conditions bidder attaches to its bid will not be considered unless specifically referred to in the bid. The GLO/VLB reserves the right to accept or reject any term or condition bidder attaches to its bid.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 CPA’s rules at 34 TAC §§20.531-.538.

13. DISPUTE RESOLUTION:

Except as otherwise provided by statute, rule, or regulation, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used by the bidder to attempt to resolve any dispute arising under any contract resulting from this IFB.

NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR

THE VLB.

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Bidder:

Date of Employment with Bidder:

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

Texas General Land Office & Veterans Land Board -13- IFB 4537-RS

14. NON-APPROPRIATION OF FUNDS:

Any contract resulting from this IFB is subject to termination or cancellation, without penalty to GLO or the VLB, either in whole or in part, subject to the availability of state funds. The GLO and VLB are state agencies whose authority and appropriations are subject to actions of the Texas Legislature. If GLO/VLB becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render GLO/VLB’s or bidder’s delivery or performance under the contract impossible or unnecessary, the GLO/VLB may terminate the contract without penalty. In the event of a termination or cancellation under this Section, GLO/VLB will not be liable to bidder for any damages, which are caused or associated with such termination or cancellation and GLO/VLB will not be required to give prior notice.

15. TEXAS PUBLIC INFORMATION ACT:

Notwithstanding any provisions of this IFB to the contrary, bidder understands that GLO/VLB will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by the courts and Attorney General of the State of Texas.

Information, documentation, and other material related to this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, bidder must make any information created or exchanged with the State or the GLO/VLB pursuant to this IFB or the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State or the GLO/VLB. Within three (3) days of receipt, bidder will refer to GLO/VLB any third-party requests received directly by bidder, for information to which bidder has access as result of or in the course of performance under any contract resulting from this IFB. Any part of the Bid that is of a confidential or proprietary nature must be clearly and prominently marked as such by the bidder.

16. CONFLICT OF INTEREST:

Under Section 2155.003 of the Texas Government Code, a GLO/VLB employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation or contract for future reward or compensation. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established the State of Texas Procurement and Contract Management Guide which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethnics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of GLO/VLB. Bidder has disclosed in writing to the GLO/VLB all existing or potential conflicts of interest related to its bid and the performance of the contract.

17. FORCE MAJEURE:

Neither bidder nor GLO, VLB, shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this IFB caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonable have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

18. INDEPENDENT CONTRACTOR:

Bidder is and shall remain an independent contractor in relationship to the GLO and VLB. The GLO/VLB shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against the GLO/VLB for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

19. INDEMNIFICATION: Bidder shall indemnify, defend, and hold harmless the General Land Office, Veterans Land Board, and/or their officers, agents, employees, representatives, contractors, assignees, and/or designees from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses arising out of, or resulting from any acts or omissions of the contract or its agents, employees, subcontractors, order fulfillers, or suppliers of subcontractors in the execution or performance of the contract and any purchase orders issued under the contract. The defense shall be coordinated by contractor with the Office of the Attorney General when Texas State Agencies are named defendants in any lawsuit and contract may not agree to any settlement without first obtaining the concurrence from the Office of the Attorney General.

20. INFRINGEMENTS:

a) BIDDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE STATE OF TEXAS AND GLO/VLB, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL THIRD PARTY CLAIMS INVOLVING INFRINGEMENT OF UNITED STATES PATENTS, COPYRIGHTS, TRADE AND SERVICE MARKS, AND ANY OTHER INTELLECTUAL OR INTANGIBLE PROPERTY RIGHTS IN CONNECTION WITH THE PERFORMANCES OR ACTIONS OF BIDDER PURSUANT TO THIS CONTRACT. BIDDER AND THE GLO/VLB AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. BIDDER SHALL BE LIABLE TO PAY ALL

Texas General Land Office & Veterans Land Board -14- IFB 4537-RS

COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY BIDDER WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND BIDDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE

OFFICE OF THE ATTORNEY GENERAL.

b) BIDDER 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 BIDDER’S WRITTEN APPROVAL, (III) ANY MODIFICATION MADE TO THE PRODUCT BY THE BIDDER PURSUANT TO GLO/VLB’S SPECIFIC INSTRUCTIONS (IV) ANY INTELLECTUAL PROPERTY RIGHT OWNED BY OR LICENSED TO GLO/VLB, OR (V) ANY USE OF THE PRODUCT OR SERVICE BY GLO/VLB THAT IS NOT IN CONFORMITY WITH THE TERMS OF ANY

APPLICABLE LICENSE AGREEMENT.

c) IF BIDDER BECOMES AWARE OF AN ACTUAL OR POTENTIAL CLAIM, OR GLO/VLB PROVIDES BIDDER WITH NOTICE OF AN ACTUAL OR POTENTIAL CLAIM, BIDDER MAY (OR IN THE CASE OF AN INJUNCTION AGAINST GLO/VLB, SHALL), AT BIDDER’S SOLE OPTION AND EXPENSE; (I) PROCURE FOR THE GLO/VLB 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 GLO/VLB’S USE IS NON-INFRINGING.

21. RIGHT TO AUDIT:

In addition to and without limitation on the other audit provisions of this IFB, pursuant to Section 2262.154 of the Texas Government Code, the state auditor may conduct an audit or investigation of the bidder or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the bidder or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the bidder or other entity that is subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

This IFB or any contract resulting from this IFB may be amended unilaterally by GLO to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. Bidder will ensure that this clause concerning the authority to audit funds received by subcontractors through the bidder and the requirement to cooperate is included in any subcontract it awards.

22. FRAUD:

Bidder understands that the GLO/VLB do not tolerate any type of fraud. The GLO/VLB’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, GLO policies, VLB policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Bidders are expected to report any possible fraudulent or dishonest acts, waste, or abuse as prescribed on the GLO’s website, http://glo.texas.gov.

23. APPLICABLE LAW AND VENUE:

Bidder agrees that the Contract in all respects will be governed by and construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws. Bidder also agrees that the exclusive venue and jurisdiction of any legal action or suit concerning the GLO or VLB under this Contract is in Travis County, Texas, and that any such legal action or suit shall be brought in a court of competent jurisdiction in Travis County, Texas. NOTHING IN THIS IFB SHALL BE CONSTRUED AS A WAIVER OF

THE GLO/VLB’S SOVEREIGN IMMUNITY.

24. FUNDING OUT CLAUSE:

This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative or executive budget cuts, amendments of the General Appropriations Act, state agency consolidations, or any other disruptions of current appropriations, provisions of the Termination Article shall apply.

25. DRUG-FREE WORKPLACE:

Bidder must comply with the applicable provisions of the Drug-Free Work Place Act of 1988.

26. ORDER OF PRECEDENCE:

In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract (or Notice of Award), Attachments to the Contract (or Notice of Award), GLO Purchase Order, Invitation for Bids, and Bidder’s Response to Invitation for Bids.

27. BOYCOTT OF ISRAEL PROHIBITION:

To the extent Chapter 2271 of the Texas Government Code applies to Bidder and the Contract, Bidder represents and warrants that it does not boycott Israel and will not boycott Israel during the term of the Contract.

28. PROHIBITED BUSINESS ENGAGEMENTS:

By submitting a bid, Bidder represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

29. IRON AND STEEL PRODUCTS:

If the Solicitation is for completion of a “project” (as defined by Section 2252.201 of the Texas Government Code) in which iron or steel products will be used, Bidder agrees any iron or steel product produced through a “manufacturing process” (as defined by Section

2252.201 of the Texas Government Code) and used in the project shall be produced in the United States.

30. AMENDMENTS:

30.1 The Contract may be amended only upon written agreement between GLO/VLB and Awarded Bidder; however, any amendment of this Purchase Order that conflicts with the laws of the State of Texas shall be void ab initio.

http://glo.texas.gov/

Texas General Land Office & Veterans Land Board -15- IFB 4537-RS

30.2 The Contract contains the entire agreement between GLO/VLB and the Awarded Bidder and supersedes any prior understanding or oral or written agreements on the matters contained herein. No modification, alteration, or waiver of any term, covenant, or condition of this Contract and any attachments shall be valid unless in writing and executed by both parties. The provisions of a GLO/VLB-prepared purchase order resulting from this IFB shall take precedence over conflicting provisions of this IFB.