ESBD_391225_1737034692387_IFB 771-OUT-25-B0002.pdf

TSBVI Invitation for Bids Version 3, 03/2022 Page | 1

IF NOT BIDDING

DO NOT RETURN THIS FORM.

TEXAS SCHOOL F/T BLIND & VISUALLY IMPAIRED

INVITATION FOR BIDS

Printed name of Signer

NIGP Class/Item Code: 961-92

TSBVI POC: Jeni Taylor, Purchaser IV, (512)206-9224, Procurement@tsbvi.edu.

All communications and questions concerning this solicitation, including any of a technical nature, shall be made in writing to the TSBVI POC referenced above and submitted as per the SOLICITATION SCHEDULE on page 2.

Bidders are specifically barred from making contact with any user department personnel, including TSBVI Board Members, involved in this solicitation for the purpose of discussing this solicitation. Violation may result in bidder disqualification.

Bidder is requested to provide the name, phone number and email address of a point of contact for the submitted bid response; however, bidder is hereby advised that this point of contact will not be recognized nor accepted in lieu of the “authorized signature” requirement of this Invitation for Bids.

Name: ____________________________________________________________________Date: _________________________________ Company Name: __________________________________________________________________________________________________ Phone number: ___________________________________________________________________________________________________ Email address: __________________________________________________________________________________________________

AUTHORIZED SIGNATURE DATE

WHEN BIDDING:

Each bid must be submitted in a separate email, notating the IFB number, IFB name (notate bid #, if submitting more than one bid).

EMAIL BIDS:

Procurement@tsbvi.edu

512-206-9224

BID CLOSING January 31, 2025 by 2 PM

REQUISITION NO. 771-OUT-25-B0002

NO PUBLIC OPENING.

FAILURE TO SIGN WILL DISQUALIFY BID

VID: ___________________________________

Address: _________________________________

Address 2: ________________________________

City, State, Zip: ____________________________

Federal EIN: □□□□□□□□□□

CHECK HERE IF YOU ARE A SOLE OWNERSHIP OR

PARTNERSHIP:

• By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

• Bidder agrees to comply with all terms and conditions below and on attached pages.

τ VENDOR ADDRESS AND IDENTIFICATION NUMBER τ

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT FOR GOODS/SERVICES PURCHASED AGAINST CONTRACT AWARDS.

THE FEDERAL EMPLOYERS IDENTIFICATION NUMBER (EIN) WILL BE USED TO ESTABLISH A PAYEE ID NUMBER:

Every vendor MUST have an EIN prior to receiving payment under an awarded contract. This is being required in an effort to minimize identity theft. For information on obtaining your EIN, you may call the IRS at 800-829-4933 or visit the following web site: http://www.irs.gov/businesses/

AGENCY TO INVOICE

Texas School f/t Blind & Visually Impaired 1100 West 45th Street Austin, TX 78756

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE

SAME AS ABOVE

Delivery in ____ days, cash discount _____% ___ days or net 30.

Check below if preference claimed under 34 TAC Rule 20.306 (_) Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran (_) Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident Service-disabled veteran (_) Agriculture products produced or grown in Texas (_) Agriculture products and services offered by Texas bidders (_) Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran (_) Texas vegetation native to the region (_) USA produced supplies, material, equipment or agricultural products (_) Products of persons with mental or physical disabilities (_) Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel (_) Energy efficient products (_) Rubberized asphalt paving material (_) Recycled motor oil and lubricants (_) Products produced at facilities located on formerly contaminated property (_) Products and services from economically depressed or blighted areas (_) Vendors that meet or exceed air quality standards (_) Recycled or reused computer equipment of other manufacturers (_) Foods of higher nutritional value (for consumption in a public cafeteria only) (_) Commercial production company or advertising agency located in Texas http://www.irs.gov/businesses/

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INVITATION FOR BIDS

Texas School F/T Blind & Visually Impaired

SOLICITATION SCHEDULE: The published schedule indicates the solicitation events. Dates are subject to change.

EVENT DATE

Bid posting January 16, 2025. Posted to the Electronic State Business Daily (ESBD).

Respondent’s failure to periodically check the ESBD will not release the selected contractor from adhering to all addenda or additional information resulting in additional cost to meet the requirements of the IFB.

Questions Due January 21, 2025 by 12 pm. Email Questions to Procurement@tsbvi.edu. Subject line to read 771-OUT-25-B0002 Questions. Any questions received after this date and time will not be considered. TSBVI reserves the right to respond to questions as seen fit.

Answers Posted to ESBD January 24, 2025 by 1:00 PM. Q&A responses, if any, will be posted to the ESBD It is the responsibility of the Vendor to check the responses.

Bid Closes January 31, 2025 at 2:00PM. Email the bid to Procurement@tsbvi.edu.

Evaluation February 3-7, 2025. Internal process

Award with contract February 13, 2025. Notice would come from TSBVI POC.

INTRODUCTION:

Texas School for the Blind and Visually Impaired (TSBVI) is currently seeking bids to establish a Purchase Order for the procurement of American Sign Language (ASL)/Protactile and Voice Interpretation for the 2025 Texas Symposium on Deafblind Education. The symposium will be held February 27, 28 and March 1, 2025 and take place at the Austin Marriott North Hotel Conference Center, 2600 La Frontera Blvd., Round Rock, Texas. Anticipated symposium audience participation is 350 people and will occur in multiple concurrent sessions.

During the event, TSBVI will provide communication access as required by the Americans with Disabilities Act for participants who are Deaf or Deafblind. Identified services include American Sign Language (ASL)/Protractile and Voice Interpretation services.

Services are required for approximately 15-20 participants (Reference SPECIFICATION).

Services are required to be delivered by providers on the platform/stage - supporting presentations and in Person-to-Person Interpretation (PPI). Please note that this is an in-person event - none of the sessions will be livestreamed or recorded for any future purposes.

The following specifications include those requirements known by TSBVI as of January 7, 2025. Changes to the estimated service needs may occur based on actual participants’ requests and other needs identified once registration concludes on February 14, 2025.

SPECIFICATION: Services of ASL and Protactile Interpreting are required as per indicated by the event schedule below:

1. Deaf-Blind Symposium Schedule of Events: The following are dates and projected needs. The company must be able to adjust to changes as the event approaches. Interpreting service needs may be less or more than projected.

• Thursday, February 27, 2025 (Day 1) (Service Providers - No breaks)

Pre-Symposium Day 11:30 am - 4:15 pm (No scheduled breaks)

Registration/Check in/Exhibit Hall 11:30 am – 1:00 PM o 1 Team of 2 ASL Interpreters available for check in as needed

Breakout Sessions (2 concurrent) 1:00 pm – 4:15 pm o 2 teams of 2 ASL platform interpreters o 2 team of 3 Protactile interpreters

BID CLOSING January 31, 2025 by 2 PM

REQUISITION NO. 771-OUT-25-B0002

VENDOR

VENDOR ID

(VENDOR NAME)

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• Friday, February 28, 2025 (Day 2)

(Service Providers - Lunch (12:00 pm - 1:30 pm) on own/not paid)

General Sessions (3 Sessions - see times below) 8:00 am, 10:30 am, 1:30 pm o 1 team of 4 ASL platform interpreters o 2 team of 3 Protactile interpreters

Breakout Sessions (4 concurrent) 3:30 pm - 4:45 pm o 4 teams of 2 ASL platform interpreters o 2 team of 3 Protactile interpreters

Family Social in Marriott Atrium (for families & symposium presenters) 5:30 pm - 7:30 pm o 3 individual ASL interpreters to float among guests during a reception.

o 1 team of 3 Protactile interpreters

Exhibit Hall break coverage o 1 team of 2 ASL interpreters available during break times only: 10:00am - 10:30 am & 3:00 pm - 3:30 pm

• Saturday, March 1, 2025 (Day 3) (Service Providers - Lunch provided and paid)

Breakout Sessions (4 concurrent at each time period below) 8:00 am - 9:45 am 10:00 am - 11:30 am o 4 teams of 2 platform interpreters o 2 teams 3 of Protactile interpreters

Luncheon Awards Ceremony & General Session 12:00 pm – 3:30 pm o 1 team of 2 platform Interpreters o 2 teams 3 of Protactile interpreters o 1 Voice interpreter 2:00 pm - 3:30 pm for presenter - Keva Richmond

9:45 am - 10:15 am & 11:30am - 12:30 pm o 1 team of 2 ASL interpreters available during break times only

REQUIREMENTS:

1. Respondent certifies that sign language interpreters on the PLATFORM/STAGE hold Advanced Interpreter Certification or higher.

2. PPI interpreters who have experience in varying visual and tactile communication preferences and levels of language proficiency must be available as needed.

3. Protactile interpreters who have experience in Protactile must be available as needed.

4. The company must provide a specific point of contact for all communications and provide onsite coordination services during the Pre-Symposium Day Thursday 2/27/25, and during the Symposium on Friday 2/28/25 and Saturday 3/1/25. They must possess company authority to manage interpreter assignments, direct set-up, solve problems and make executive decisions should conflict arise.

5. The awarded company must meet with TSBVI Deafblind Outreach Project Manager, Jesus Curi, at least 2 weeks prior to the event. Discussion to include:

a. Discuss needs of individual deafblind clients, review handout information, and discuss set up for interpreters at the hotel.

b. Vendor must provide the names and certification levels of assigned interpreters and be able to assure a back-up plan for interpreters holding Advanced Interpreter Certification as required.

c. Provide plan for service replacement in event of provider(s) illness, no-show, and last minute changes and additions.

6. All interpreters must abide by a code of ethics, wear professional attire, and conduct themselves in a professional manner in social settings as well as in sessions.

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BID INSTRUCTIONS:

Bidders are cautioned to carefully read the solicitation schedule, specification(s), instructions and incorporated Terms and Conditions.

Bidders may submit any exceptions therein on a separate sheet of paper listing item, issue and the recommended change. Exceptions must be submitted WITH the Bid package, those submitted outside of the package will not be considered. TSBVI reserves the right accept, negotiate or reject exceptions. Note that TSBVI is a Texas State Agency governed by the statutes and procurement methodologies as set forth by the state and possess no latitude to modify state required terms and condition provisions.

• Complete Attachment A: Bidders Response Page by entering the estimated HOURS, RATE PER HOUR and SUBTOTAL.

Total charges.

• Compile a Respondent Bid package including:

o Signed copy of the IFB. Signatures are required on page 1 and 12.

o Completed Attachment A: Bidders Response Page o Respondents must provide two (2) references in providing services for a conference audience of at least 150 at events that have included deafblind consumers and multiple concurrent sessions. Prior experience must have occurred within the last four (4) years. Reference contact information must be current and relevant and include contact name, email and phone number.

o Respondents must submit a completed and signed TSBVI Vendor Onboarding Package (W9 and Direct Deposit form). The TSBVI Vendor Onboarding Package is posted to the ESBD. Any bid submitted that does not contain a completed and signed package is subject to disqualification.

o Respondents must submit a current Certificate of Insurance to be considered for award.

Certificate of Insurance:

A. Contractor shall procure and maintain the below minimum insurance for the entire duration of service performance.

Type of Insurance Each Occurrence / Aggregate

Workers Compensation Statutory

Employer’s Liability Bodily Injury by Accident

$500,000 Ea. Accident

Commercial General Liability General Aggregate Applies Per Project

$1,000,000 Bodily Injury & Property Damage – Each Occurrence $1,000,000 Aggregate Limit

$1,000,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit

$5,000 Medical Expense per person

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit

B. Policy must contain additional insured endorsement stating Texas School for the Blind and Visually Impaired and employees are listed as an additional insured and loss payee.

C. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor must provide to TSBVI, a certificate of insurance as proof that the required insurance is in full effect. Certificate of Insurance is subject to approval by authorized TSBVI personnel.

D. Any bid submitted without proof of insurance is subject to disqualification.

• Respondent must mark any portion of the response confidential as necessary, otherwise all portions of the response will be subject to Public Record. Marking the entire response CONFIDENTIAL is unacceptable and may result in the bid being disqualified.

• Return the entire bid to the TSBVI POC via method and date as indicated on the Solicitation Schedule, page 2.

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Terms and Conditions

1.DEFINITIONS. (1) “Contract” means a written contract between a unit of state government and a Vendor for goods or services, or for a project as defined by Texas Gov. Code Section 2166.001, Subtitle F, State and Local Contracts and Fund Management. The term does not include a contract subject to Section 201.112, Transportation Code.

(2) “Vendor” means an independent Vendor who has entered into a contract directly with a unit of state government.

The term does not include:

(A) a Vendor’s sub Vendor, officer, employee, agent, or other person furnishing goods or services to a Vendor;

(B) an employee of a unit of state government; or

(C) a student at an institution of higher education.

(3) “Technology Information” is defined as all data, documents, notes and photos.

2.PUBLIC INFORMATION. In accordance with Section 2252.907, Gov.

Code, Vendor 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, Gov. Code (Texas Public Information Act). The Public Information Act may require the Vendor to make information related to this contract available to the public pursuant to a request for public information the Vendor 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 Vendor acknowledges that the Texas School for the Blind and Visually Impaired shall not provide legal counsel related to the Vendor’s compliance with the Public Information Act.

3.IFB COMPLIANCE. Vendors must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

Bids should be submitted on this form. Vendors 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 Vendor to establish formal linkage to the bid.

Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

Bid prices are requested to be firm for TSBVI acceptance for 30 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.

Vendor should enter Texas Identification Number System (TINS) number, full firm name and address of Vendor 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.

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.

This contract in all its particulars is subject to approval by the Board of Trustees for the Texas School for the Blind and Visually Impaired, to all Federal and Texas State laws, and to all rules and administrative regulations pertaining to the contract project, and any recourse or judicial action shall be in the Courts of the State of Texas in Travis County to the exclusion of all other courts. Vendor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds.

TSBVI does not sign vendor agreements or contracts, as a State Agency, the official TSBVI bid document and terms and conditions prevail against any oral or written agreement. Once a formal bid document has been signed and returned, any other oral or written agreement is considered null and void.

4.TIE BIDS. Awards will be made in accordance with 34 TAC Rules 20.36(b) (3) and 20.38 (Preferences).

5.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 wi ll 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.

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

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

6.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 an open market purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in §§2155.074, 2155.144, 2156.007, and 2157.003, Gov. Code, shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

7.STRICT COMPLIANCE. Time is of the essence in the performance of this contract. Vendor shall strictly comply with all of the deadlines, requirements, and Standards of Performance for this contract.

8.INCORPORATION BY REFERENCE. All Request for Quotes (RFQ), Bids, Request for Proposals (RFP), Proposals, Invitation for Bids (IFB), and Quotes associated with this contract hereunder shall be incorporated by reference and this contract shall control.

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

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

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

TSBVI will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Bids (IFB).

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

10.SERVICES. The Vendor agrees to perform, during the term of this contract, services as described in “Scope of Work” which summarizes the scope of work to be completed. The Vendor agrees to provide the services and any additionally required services necessary under this contract in a prompt, timely and professional manner. THE VENDOR

AGREES CONTRACTED SERVICES WILL NOT BEGIN UNTIL THE

CONTRACT IS FULLY EXECUTED AND A PURCHASE ORDER HAS

BEEN ISSUED TO THE VENDOR AND THAT PAYMENTS WILL NOT

BE MADE BY TSBVI UN T IL A FTE R THE S E RV ICE HAS BE E N

RE ND E RED A ND AN INVOICE HAS BEEN PROPERLY

SUBMITTED. Per TSBVI policy, contracted services provided by TSBVI employees or their immediate family members are prohibited without prior approval from the Superintendent or designee.

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11.COMPENSATION. If quote is accepted, TSBVI agrees to compensate the Vendor for services related to the performance of this contract based upon work actually performed not to exceed the total amount of the Purchase Order. There is no minimum guarantee of service and thus there is no minimum guarantee of payment to any singular company.

The Vendor shall not receive reimbursement for travel, meals and lodging related to services rendered in fulfilling the obligation of this contract unless expressly authorized by TSBVI. This Contract is subject to termination, either in whole or in part, without penalty to TSBVI, subject to appropriation or availability of state funds. TSBVI is a state agency whose authority and appropriations are subject to actions of the Texas Legislature and whose availability of funds may be subject to governmental action. If TSBVI becomes subject to a legislative change, revocation of statutory authority, lack of appropriated funds, or unavailability of funds which would render Vendor's delivery or performance under this Contract impossible or unnecessary, this Contract will be terminated, either in whole or in part. In the event of a termination under this Section, TSBVI will not be liable to Vendor or any other person or entity for any payments, damages or any other amounts which were otherwise due or which may be caused or associated with such termination and TSBVI will not be required to give prior notice.

12.NO LIABILITY UPON TERMINATION. If this contract is terminated for any reason, TSBVI and the State of Texas shall not be liable to Vendor for any damages, claims, losses, or any other amounts arising from or related to any such termination. However, Vendor may be entitled to the remedies provided in Texas Gov. Code, Chapter 2260.

13.SURVIVAL OF TERMS. Termination of the Contract for any reason shall not release the Vendor from liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding confidentiality, indemnification, transition, records, audit, property rights, dispute resolution, invoice and fees verification.

14.TERMINATION. Notwithstanding the termination or expiration of this contract, the provisions of this contract regarding confidentiality, indemnification, transition, records, right to audit and independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of this contract.

TSBVI may, in its sole discretion, terminate this contract upon thirty (30) days’ written notice to Vendor. Such notice may be provided by facsimile or certified mail; return receipt requested and is effective upon Vendor’s receipt.

(a) Convenience: TSBVI may, in its sole discretion, terminate this contract upon thirty (30) days’ written notice to Vendor. Such notice may be provided by facsimile or certified mail return receipt requested and is effective upon Vendor’s receipt. In the event of such termination, the Vendor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. Customers shall be liable only for payments for any goods or services ordered from the Vendor before the termination date.

(b) Cause/Default: If the Vendor fails to provide the goods or services contracted for according to the provisions of the contract, or fails to comply with any terms or conditions of the contract. TSBVI may, upon written notice of default to the Vendor immediately terminate all or any part of the contract.

Termination is not an exclusive remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the contract reference Texas Gov. Code 2260, Resolution of Certain Contract Claims Against the State. TSBVI may exercise any other right, remedy, or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the contract. The exercise of any of the foregoing remedies will not constitute a termination of the contract unless TSBVI notifies the Vendor in writing prior to the exercise of such remedy. The Vendor shall be liable for all costs and expenses, including court costs, incurred by TSBVI with respect to the enforcement of any of the remedies listed herein.

(c) Rights upon Termination or Expiration: In the event that the contract is terminated for any reason, or upon its expiration, TSBVI and Customers shall retain ownership of all associated work products and documentation obtained from the Vendor under the contract.

(d) EXCESS OBLIGATION PROHIBITED (Term Without Cause).

Contract is subject to termination or cancellation, without penalty to TSBVI, either in whole or in part subject to the availability of state funds. TEX CONST ART III §49a, TEX CONST ART VIII §6, General Appropriations Act, Art IX, § 6.03 (2017-2018 Biennium)

15.AMENDMENTS: This Contract may be amended only upon written amendment between TSBVI and Vendor; however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void ab initio.

16.NOTICES. Except as expressly provided herein, any notice required or permitted to be given under this contract must be in writing and delivered in person or by registered or certified mail, return receipt requested, postage prepaid, to the individuals and addresses shown below:

Vendor: reference signature page for legal address.

Texas School for the Blind and Visually Impaired

1100 W. 45th Street, Austin, Texas 78756

Attn: Director of Procurement

17.PARTIALLY COMPLETED WORK. No later than the first calendar day after the termination of this contract, or at any time and from time to time TSBVI shall request and within 30 days of any such request, Vendor shall deliver to TSBVI all completed, or partially completed, work and any and all documentation or other products and results of these services.

Failure to timely deliver such work or any and all documentation or other products and results of the services shall be considered a material breach of this contract. Vendor shall not make or retain any copies of the work or any and all documentation or other products and results of the services without the prior written consent of the TSBVI.

18.OWNERSHIP OF WORK. Vendor recognizes that TSBVI will have perpetual, exclusive, non-transferrable license to use any work product or deliverables developed by the Vendor in the performance of the services and delivered to TSBVI, upon TSBVI’s payment in full of all amounts due hereunder. The Vendor retains ownership of all information, software and other property owned by it prior to this contract or which it develops independently of this contract and all work products compiled or developed by the Vendor in the performance of this contract.

19.WORK MADE FOR HIRE. For the purposes of this contract, the term “Work” is defined as all reports, statistical analyses, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts, research, materials, intellectual property or other property developed, produced, or generated in connection with this contract. All work performed pursuant to this contract is made the exclusive property of TSBVI. All right, title and interest in and to said property shall vest in TSBVI upon creation and shall be deemed to be a work for hire and made in the course of the services rendered pursuant to this contract. To the extent that title to any such work may not, by operation of law, vest in TSBVI, or such work may not be considered a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to TSBVI. TSBVI shall have the right to obtain and to hold in its name any and all patents, copyrights, registrations or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Vendor must give TSBVI and/or the State of Texas, as well as any person designated by TSBVI and/or the State of Texas, all assistance required to perfect the rights defined herein without any charge or expense beyond those amounts payable to Vendor for the services rendered under this contract.

20.DELIVERY. 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 Vendor to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded. If delay is foreseen, Vendor shall give written notice to TSBVI. Vendor must keep TSBVI advised at all times of status of order. No substitutions permitted without written approval of TSBVI. Delivery shall be made during normal working

Page | 7 hours only, unless prior approval has been obtained from ordering agency.

Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes TSBVI to purchase the goods or services of this IFB elsewhere and charge any increased costs for the goods or services, including the cost of re-bidding, to the Vendor.

In regards to Information Technology deliverables, the following are required to ensure that TSVBI receives the materials and information necessary to continue operation and maintenance of the systems and/or equipment beyond contractor support:

1. As-built and schematic diagrams:

a. Installation and configuration details

b. Technical schematics

c. Architectural as-bui lt: description of all components and their correlations

2. Support documentation:

a. Operating instructions

b. Requirements and Specifications Documentation

c. Performance Specifications

3. User Guide and training by Contractor, if applicable

a. Access credentials to components requiring a login

b. Physical keys to cabinets, servers, and equipment delivered under contract

c. Documentation conferring full ownership of any and all intellectual property for solutions created under contract

d. Warranty information: written or referenced in a document or a link to a document

21.INSPECTION AND TESTS. All goods will be subject to inspection and test by the State. Authorized TSBVI 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.

22.ASSIGNMENT. Vendor shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from the Agency. Any attempted assignment in violation of this provision is void and without effect. Texas Gov. Code § 2262.056(b)

23.INVOICING AND PAYMENT. Once services described in “Scope of Work” have been performed and completed or commodity orders are fulfilled in whole (no partial invoices), the Contactor agrees to submit an original invoice referencing Purchase Order number requesting payment for performance: to Accountspayable@tsbvi.edu OR TSBVI, 1100 West 45th Street, Austin, Texas 78703- 5300, Attention: Accounts Payable.

Contact number is 512.206.9295. Vendor shall submit 1 copy of an itemized invoice showing TSBVI purchase order number on all copies.

The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. Payment shall be made in accordance with Chapter 2251, Gov.

Code. Prior to authorizing payment to Vendor, TSBVI shall evaluate Vendor’s performance using the performance standards set forth in all documents constituting this contract. Invoices must be submitted not later than the 15th day of the month after the services are completed. No payment whatsoever shall be made under this contract without the prior submission of detailed, correct invoices. Subject to the foregoing, TSBVI must make all payments in accordance with the Texas Prompt Payment Act, Texas Gov. Code, Chapter 2251. Payments under this contract are subject to the availability of appropriated funds. Vendor acknowledges and agrees that payments for services provided under this contract are contingent upon TSBVI receipt of funds appropriated by the Texas Legislature.

24.PATENTS, TRADEMARKS, OR COPYRIGHTS. Vendor agrees to defend and indemnify TSBVI and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TSBVI or the State's use of any good or service provided by the Vendor as a result of this IFB.

25.CONFIDENTIALITY. Vendor agrees to maintain the confidentiality of information received from the TSBVI during the performance of this contract, including information which discloses confidential personal information particularly, but not limited to, social security numbers and all information, dates or records relating to students of TSBVI and shall not disclose information except as required to the implementation of services in accordance with the terms of this contract, or as may be required by law.

26.VENDOR ASSIGNMENTS. Vendor hereby assigns to TSBVI 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, Tex. Bus. & Comm. Code §15.01, et seq.

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

• The Vendor 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.

• Pursuant to 15 U.S.C. §1, et seq. and Tex. Bus. & Comm. Code §15.01, et seq. neither the Vendor nor the firm, corporation, partnership, or institution represented by the Vendor, or anyone acting for such a firm, corporation 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.

• Pursuant to §2155.004, Gov. Code, neither the Vendor 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.

• Pursuant to §231.006(d), Texas Family Code, regarding child support, the Vendor 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. Furthermore, any Vendor subject to §231.006, Gov. Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award. Enter the Name & Social Security Numbers for each person below:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

• Under §2155.004, Gov. Code, the Vendor 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. §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.

• As required by §2252.903, Gov. Code, Vendor 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. Vendor shall comply with rules adopted by CPA under §§403.055, 403.0551, 2252.903, Gov. Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

• Pursuant to §669.003, Gov. Code, TSBVI may not enter into a contract with a person who employs a current or former executive head of TSBVI until four years has passed since that person was the executive head of TSBVI. By submitting a bid, the Vendor certifies that it does not employ any person who was the executive head of TSBVI in the past four years. If Vendor does employ a person who was the executive head of TSBVI, provide the following information:

mailto:payable@tsbvi.edu

Page | 8

Name of Former Executive: ___________________________________________________

Name of State Agency: ______________________________________________________ Date of Separation from State Agency: ____________________________________________

Position with Vendor: _________________________________________________________ Date of Employment with Vendor: _____________________________________

• In accordance with §2155.4441, Gov. Code, Vendor 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.

• In accordance with §2254.033 of the Texas Government Code, relating to consulting services, Vendor certifies that it does not employ an individual who has been employed by TSBVI or another agency at any time during the two year preceding the submission of the response or, in the alternative, Vendor has disclosed in its re4sponse the following:

(i) the nature of the previous employment with TSBVI or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

• SUSPENSION DISBARMENT TERRORISM Vendor 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 Vendor is in compliance with the State of Texas statutes and rules relating to procurement and that Vendor 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 http://www.epls.gov

• PRIOR DISASTER RELIEF CONTRACT VIOLATION Sections

2155.006 and 2261.053, Gov. Code, prohibit state agencies from awarding contracts to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.004, Gov. Code, occurring after September 24, 2005. Under §2155.006, Gov. Code, Vendor 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.

• Lobbying. Vendor represents and warrants that payment to the Vendor and the Vendor’s receipt of appropriated or other funds under any contract resulting from this IFB are not prohibited by §556.005 or §556.008, Gov. Code, relating to the prohibition of using state funds for lobbying activities.

• Vendor certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Vendor as defined in Section 2155.444(c) of the Texas Gov. Code.

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

• FOREIGN TERRORIST: Vendor 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 Gov.

Code.

• BOYCOTT ISRAEL: If Vendor is required to make a certification pursuant to Section 2271.001 of the Texas Gov. Code, Vendor certifies that Vendor does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Vendor does not make that certification, Vendor must indicate that in its Response and state why the certification is not required. TEX GOVT CODE § 2271.002

• BUY TEXAS: In accordance with Texas Gov. Code, Section 2155.4441, Vendor agrees that the 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 produces outside this state.

• E- VERIFY: Vendor certifies that for contracts for services, Respondent shall utilize the U.S. Department of Homeland Security’s

E-Verify system during the term of the contract to determine the eligibility of:

1. all persons employed by Respondent to perform duties within Texas;

and

2. all persons, including sub Vendors, assigned by Respondent to perform work pursuant the contract within the United States of America.

Executive Order No. RP-80 Tex. Att’y Gen. Op. No. KP-70 (2016)

• If Vendor signs the contract with a false statement or it is subsequently determined that Vendor has violated any of the representations, warranties, guarantees, certifications, or affirmations included in the contract, Vendor will be in default under the contract and TSBVI may terminate or void the contract. TEX GOVT CODE § 2155.077 (a)(2)

• SEVERABILITY CLAUSE. In the event that any provision of this contract is later determined to be invalid, void, or unenforceable, then the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

• STRICT COMPLIANCE. Time is of the essence in the performance of this contract. Vendor shall strictly comply with all of the deadlines, requirements, and Standards of Performance for this contract.

• SUBSTITUTIONS. Substitutions are not permitted without written approval of TSBVI.

• CONTRACTING INFORMATION RESPONSIBILITIES. Vendor 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 Subchapter J, Chapter 552 of the Government Code, may apply to the contract and the Vendor agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

• ENERGY COMPANY BOYCOTTS. Vendor represents and warrants that; (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify TSBVI.

28.CYBERSECURITY. Vendor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Gov. Code relating to cybersecurity training and required verification of completion of the training program. Texas Govt. Code § 2054.5192

29.GOVERNING LAW AND VENUE. The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the contracting Agency. TEX GOVT CODE § 2155.0012

30.HUMAN TRAFFICKING PROHIBITION. Under Section 2155.0061 of the Texas Gov. Code, the Vendor certifies that the individual or business entity named in this Response 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. TEX GOVT CODE § 2155.0061

31.PROTEST PROCEDURES. Any actual or prospective Vendor 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 Rule 20.384.

32.DISPUTE RESOLUTION. The mediation dispute resolution process provided for in Chapter 2260, Texas Govt. Code must be used by TSBVI and the Vendor to attempt to resolve any dispute arising under any contract resulting from this IFB.

33.DEFAULT. If Vendor is found to be in default under any provision of this contract, TSBVI may cancel the contract without notice and either re-solicit or award the contract to the next best responsive and responsible Vendor. In the event of abandonment or default, Vendor will be http://www.epls.gov/

Page | 9 responsible for paying damages to TSBVI including but not limited to re-procurement costs, and any consequential damages to the State of Texas or TSBVI resulting from Vendor’s non-performance. The defaulting Vendor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specification or scope of work is significantly changed.

34.ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY

STANDARDS, AS REQUIRED BY 1 TAC CHAPTER 213

(APPLICABLE TO STATE AGENCIES)

• Effective September 1, 2006 state agencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

• Vendor shall provide DIR and TSBVI with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information 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 DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the “Buy Accessible Wizard” or obtaining a copy of the VPAT is located at http://www.section508.gov/.

DRUG FREE WORK PLACE. Vendor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §§ 8101-8106.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget (2 C.F.R. Part 182) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the Vendor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued.

EQUAL OPPORTUNITY. Vendor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the performance of this contract.

35.NON-APPROPRIATION OF FUNDS. Any contract resulting from this IFB is subject to termination or cancellation, without penalty to TSBVI, either in whole or in part, subject to the availability of state funds. TSBVI is a state agency whose authority and appropriations are subject to actions of the Texas Legislature.