ESBD_424522_1748900544767_IW210467-A.pdf

PCHBPINVl GN00051 Page ....J._ of ____.a._

INVITATION FOR BIDS

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CONTRACTS AND PROCUREMENT

IF NOT BIDDING

00 NOT RETURN THIS FORM.

AGENCY TO INVOICE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

ACCOUNTS PAYABLE

P.O. BOX 4018

HUNTSVILLE, TX 77342-4018

OElnY'AllON OF oooo·s IF CIFFER9'TT11AN AB�OVE

SEE BELOW

DELIVERY IN_ DAYS, CA·SH DtsCOUNT_ %_ DAYS OR NET30 Chock bcilow if pr•foronc• li*llmod under 34 TAC R·utG 20,306 U Goods produced or·offered by a Texas bidder that is owne<I by a Te,as resident service-disabled veteran (_) GoodsproduoodinTexasor offered by a Texas bidder that ls not owned by a Texas re'si<!ent service-disabled veter�n (j Agriculture produots produced or _gro\'in in TX

( Agriculture prod�cts and services offered by TX biQde<s. U Services offered by a r exas bidder lhal Is owned �Y a Texas resident servlce-dfsabfed veteran

U Servicesofferedby aT.eµs bldde,thallsnotowned by a Texas resident s11rvlce·dlsabled veteran

(_J Texas. vegetation native to the r.egion U USA produced st1pplies. materials, equipment or agriC-Ultural products LJ Productsor pe,sonswilh menui orphY.5fcal disabilities U Products mad;, of recycled, remanuiactu,ed. or environmentaly sensitive materials inc1uding recycl·ed steel

U Energy efficient products U Rubberlied ,sphalt paving material (_} Recycled motor oil and lubricant$ (_) Producls produced at li,cntties loc;ited o,, formerly

COntaminaied property U Pro<iuctsandserlAcesfrom eeonomlcaDydepressed or blighted areas

U Vendors that meet or exceed air qualily slanda.rds U Recycled or roused c.omputer equipment of other manuracturers U Foods of hlghernulrillonal value (for consumption in a public cafeteria only) U Commercial production company or advertising ageacy toceted in Texas

IF BIDDING

Each bid mus1 be placed in a ·separafo envelope wltn bid opening date.

bid number. and purchaser name annotated lmmedta1e1y belowretum address on SEALED. BID

ENVELOPE

ISSUE DATE: JUNE 02, 2025

BID NO. IW210467-A

BID OPENING 3 P.M. JUNE 24, 2025

PURCHASER: GALLEGOS-RUIZ, NUVIA

P):iONE: 93 6-437-3857

FAXED BIOS WILL NOT BE ACCEPTED

UNLESS NOTED BELOW

• FAILURE TO SIGN WILL DISQUALIFY BID •

AVTHCf(izE0 SIGNATURE oAtE-

TYPECI N'Af,IE" OF SIGNER

IF BIDDING, RETURN SEALED BIDS TO:

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA. STE. 525

HUNTSVILLE. TEXAS 77340

-.- VENDOR ADDRESS AND IDENTIFICATION NUMBER...,

VENOOR -ID NUMBER

Bidder

Ml.lsl

Fill

In

·Seo S:! M�lllntVII 1.7 f.:r, Vtl'delrlD Naffl1!1'1' lnt1111CG011•

Narne of Firm

Streol Address

City. Stale, Z!p

Sy s!g.nlng lhh1, bid, blddt,r c:e1l!f10$ 11111111 u Tcx.:1� .odtt,ss lJ.shown .i,s lho address ai 1he bidder. bidde!•qualfies as a T&X.as Bidder as defined In SIICll<ln 21�� 444MOl lht To,Q& Gc,veinmanl C01111< Bidder agrees. to compty with .all 1erms and conditlOns be)ow and on altacbad pi.ge�

QUOTE F,O,B. DESTINATION PREPAID AND ALLOWED

THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE (TDCJ) IS CURRENTLY

SEEKING BIDS TO ESTABLISH A PURCHASE ORDER FOR THE PROCUREMENT

OF TWO (2) TELEHANDLERS.

**** EMAILED BIDS WILL BE ACCEPTED ****

CONTINUED ON NEXT PAGE

BU-70, lA.{Rov, 10/17) IFS

PCHBPINV2 GN00051

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 525

Continuation Page i of_a_

Bid Opening Date: 3 P.M.

HUNTSVILLE, TX 77340 Bid Number:

JUNE 24, 2025

IW210467-A

BIDDER MUST FILL IN -----1► Name of Bidder:. _________ _

BID SUBMISSION REQUIREMENTS:

ELECTRONIC SUBMISSION (PREFERRED)

USE THE FOLLOWING EMAIL ADDRESS TO SUBMIT A RESPONSE ELECTRONICALLY:

BIDS@TDCJ.TEXAS.GOV

THE EMAIL SUBJECT LINE SHOULD CONTAIN THE SOLICITATION NUMBER.

THE BIDDER IS SOLELY RESPONSIBLE FOR ENSURING THAT ITS RESPONSE IS

RECEIVED BY THE TDCJ BEFORE THE DEADLINE AT THE PROPER DESTINATION

SERVER. IT IS RECOMMENDED THAT BIDDER BEGIN THE PROCESS WELL IN

IN ADVANCE OF THE BID SUBMISSION TIME ON THE OPENING DATE.

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

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

IN ADDITION, PLEASE BE AWARE THAT YOUR INTERNET SERVICE PROVIDER

MAY LIMIT THE SIZE OF ATTACHMENTS TO OUTGOING MAIL.

ALL DOCUMENTS SHOULD BE SUBMITTED IN MICROSOFT OFFICE FORMATS (WORD

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

ANY DOCUMENTS WITH SIGNATURES SHALL BE SUBMITTED AS AN ADOBE PORTABLE

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

D ISQUAL IF IED.

THE TDCJ TAKES NO RESPONSIBILITY FOR ELECTRONIC RESPONSES THAT ARE

CAPTURED, BLOCKED, FILTERED, QUARANTINED OR OTHERWISE PREVENTED FROM

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

SECURITY SOFTWARE.

TO CONFIRM RECEIPT OF ELECTRONIC SUBMISSION, REQUEST CONFIRMATION

BY EMAIL.

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

HARD COPY SUBMISSION

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

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

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

STAMP.

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

BlJ.70,1A {Rov, 04100) IFB

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 525

Continuation Page .1.. of_a_

Bid Opening Date: 3 P.M.

HUNTSVILLE, TX 77340 Bid Number:

JUNE 24, 2025

IW210467-A

BIDDER MUST FILL IN -----1► Name of Bidder:. _________ _

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

SUBMIT BIDS (MONDAY - FRIDAY, EXCEPT STATE HOLIDAYS FROM 7:30 AM TO

4:30 PM) TO:

TDCJ CONTRACTS AND PROCUREMENT

2 FINANCIAL PLAZA, SUITE 703

HUNTSVILLE, TEXAS 77340

SOLICITATION NUMBER: IW210467-A

ATTENTION: NUVIA RUIZ

ALL COMMUNICATIONS AND QUESTIONS CONCERNING THIS SOLICITATION,

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

PURCHASER REFERENCED ON THIS SOLICITATION. BIDDERS ARE SPECIFICALLY

BARRED FROM MAKING CONTACT WITH ANY USER DEPARTMENT PERSONNEL INVOLVED

IN THIS SOLICITATION FOR THE PURPOSE OF DISCUSSING THIS SOLICITATION.

VIOLATION MAY RESULT IN BIDDER DISQUALIFICATION.

BIDDERS ARE ENCOURAGED TO MAKE CONTACT WITH EITHER POC BETWEEN THE

HOURS OF 7:30 AM THROUGH 4:30 PM, MONDAY THROUGH THURSDAY, EITHER BY

EMAIL OR TELEPHONE. PLEASE CONTACT DANIELA CASTANEDA AS THE PRIMARY

CONTACT. ALL CONTACT INFORMATION IS ON THE LAST PAGE OF THIS

SOLICITATION.

PLEASE BE ADVISED THAT THE DEADLINE FOR ALL QUESTIONS CONCERNING THIS

SOLICITATION WILL BE THURSDAY, JUNE 5, 2025 AT 10:00 AM (CST).

ANY REQUESTS FOR FURTHER INFORMATION WILL NOT BE CONSIDERED AFTER THIS

DATE AND TIME. ANSWERS WILL BE POSTED TO THE ELECTRONIC STATE BUSINESS

DAILY (ESBD) IN THE FORM OF AN AMENDMENT. THE ANTICIPATED POSTINGDATE

DATE FOR THE AMENDMENT IS TUESDAY, JUNE 10, 2025.

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

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

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

SPECIFICATIONS FOR YOUR PRODUCT.

BIDS MUST INCLUDE COMPLETED HSP FORMS OR BIDS SHALL BE DISQUALIFIED.

IT IS STRONGLY SUGGESTED THAT BIDDERS CONTACT JEMELLE SPIVEY AT

(936) 437-3774 OR YOLANDA CRAWFORD AT (936) 437-3777 OR FOR ASSISTANCE

IN COMPLETING THESE FORMS.

HUB SUBCONTRACTING REQUIREMENTS:

IN ACCORDANCE WITH TEXAS GOVERNMENT CODE 2161.252, THE TDCJ HAS

DETERMINED THAT SUBCONTRACTING OPPORTUNITIES ARE AVAILABLE FOR THIS

SOLICITATION, RESPONDENTS, THEREFORE, INCLUDING STATE OF TEXAS

CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) MUST COMPLETE

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 525

Continuation Page� of_a_

Bid Opening Date: 3 P.M.

HUNTSVILLE, TX 77340

JUNE 24, 2025

Bid Number: IW210467-A

BIDDER MUST FILL IN -----1► Name of Bidder:. _________ _

AND SUBMIT A STATE OF TEXAS HUB SUBCONTRACTING PLAN (HSP) WITH THEIR

SOLICITATION RESPONSE. BID RESPONSES WILL BE DISQUALIFIED IF THE HSP

IS INCOMPLETE OR NOT RECEIVED BY THE OPENING DATE AND TIME OF THE

SOLICITATION.

BIDS MUST INCLUDE COMPLETED HSP FORMS OR BIDS SHALL BE DISQUALIFIED.

IT IS STRONGLY SUGGESTED THAT BIDDERS CONTACT JEMELLE SPIVEY AT

(936) 437-3774 OR YOLANDA CRAWFORD AT (936) 437-3777 OR FOR ASSISTANCE

IN COMPLETING THESE FORMS.

THE COMMODITY CODES LISTED DO NOT CONSTITUTE A COMPREHENSIVE LIST OF

RELATIVE TRADES ASSOCIATED WITH THIS PROJECT. RESPONDENT CAN FIND

ALL COMMODITY CODES AND A COMPREHENSIVE CMBL LIST AT THE WEBSITES

LISTED BELOW. PLEASE NOTE THAT LISTS ARE UPDATED DAILY. FOR FURTHER

ASSISTANCE WITH HUB SUBCONTRACTING, PLEASE CONTACT OUR HUB DIVISION AT

HUB@TDCJ.TEXAS.GOV OR BY CALLING 936-437-3774.

CMBL - HTTPS://COMPTROLLER.TEXAS.GOV/PURCHASING/VENDOR/CMBL/

COMMODITY CODES - HTTPS://COMPTROLLER.TEXAS.GOV/PURCHASING/NIGP/

CURRENT COMMODITY CODE FOR THIS PROJECT:

560-49

BIDDER IS REQUESTED TO PROVIDE THE NAME, PHONE NUMBER, FAX NUMBER,

AND E-MAIL 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 AS OR ACCEPTED IN LIEU OF THE

"AUTHORIZED SIGNATURE" REQUIREMENT OF THIS INVITATION FOR BID.

NAME:

PHONE#:

E-MAIL:

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

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

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

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

IS INCLUDED IN THE PRICE OF THE ITEM.

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

AVAILABLE DELIVERY:

ONE (1) SET OF MANUALS TO BE PROVIDED UPON DELIVERY OF MACHINE.

SHALL CONSIST OF INDUSTRY STANDARD INSTALLATION MANUAL, OPERATION

MANUAL AND MAINTENANCE MANUAL, WHICH SHALL INCLUDE A DETAILED

ELECTRICAL SCHEMATICS MANUAL AND A DETAILED PARTS MANUAL. MANUALS MAY

BE SEPARATE OR COMBINED AND SHALL BE WRITTEN IN THE ENGLISH LANGUAGE

IN STANDARD MANUFACTURER'S FORMAT.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 525

Continuation Page 2 of_0_

Bid Opening Date: 3 P.M. JUNE 24, 2025

Bid Number: IW210467-AHUNTSVILLE, TX 77340 BIDDER MUST FILL IN -----1► Name of Bidder:. _________ _

SUBMITTALS ARE REQUIRED TO BE SUBMITTED WITH BID AND SHOULD BE

MARKED OR HIGHLIGHTED TO SHOW COMPLIANCE OR VARIANCE WITH THE

CORRESPONDING SPECIFICATION DENOTATION.

FAILURE TO PROVIDE SPECIFICATION SUBMITTAL WILL CAUSE BID TO BE

D ISQUAL IF IED.

FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY DISQUALIFY A

VENDOR'S BID.

OFFLOADING:

THE VENDOR WILL BE RESPONSIBLE FOR OFFLOADING EQUIPMENT AT

DELIVERY SITE UNLESS A MINIMUM OF THREE (3) DAY ADVANCE NOTICE

IS GIVEN.

ITEM STOCK NUMBER CONT

560-49

ENGINE:

QUANTITY

2.0000

99 - 121 HP TURBOCHARGED DIESEL ENGINE

3.6 - 4.5 L DISPLACEMENT

TRANSMISSION:

4-SPEED

DRIVE SPEED 16 - 18 MPH

WEIGHT:

OPERATING WEIGHT 26,000 - 32,000 POUNDS

OPERATING SPECIFICATIONS

RATED LOAD CAPACITY 9,000 - 10,000 LB

MAXIMUM LIFT HEIGHT 42 - 57 FT.

MAXIMUM FORWARD REACH 30 - 43 FT

U/M

EA

LIFT CAPACITY AT MAXIMUM HEIGHT 5,000 - 7,000 LBS

LIFT CAPACITY AT MAXIMUM REACH 1,200 - 3,000 LBS

DRAW BAR PULL (LOADED) 22,500 - 25,000 LBS

TURNING RADIUS 12 - 14 FT

CAPACITIES:

FUEL TANK 30-38 GALLONS

HYDRAULIC SYSTEM CAPACITY 40 - 52 GALLONS

EXAMPLES OR TDCJ APPROVED

CONTINUED ON NEXT PAGE

UNIT PRICE EXTENSION

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 525

Continuation Page..§.. of_0_

Bid Opening Date: 3 P.M.

HUNTSVILLE, TX 77340 Bid Number:

JUNE 24, 2025

IW210467-A

BIDDER MUST FILL IN -----1► Name of Bidder:. _________ _

ITEM

EQUAL:

STOCK NUMBER CONT

MANUFACTER: CATERPILLAR

MANUFACTURER#: TL1943

OR

MANUFACTURER: GENIE

MANUFACTURER#: GTH-1056

OR

MANUFACTURER: MINITOU

MANUFACTURER#: MT 1035

QUANTITY U/M UNIT PRICE

MANUFACTURER'S STANDARD WARRANTY FOR THE ABOVE EQUIPMENT IS YEAR.

SUCESSFUL BIDDER SHALL FURNISH MANUFACTURER'S WARRANTY TO RECEIVING

LOCATION AT TIME OF DELIVERY.

THE NAME AND ADDRESS OF SERVICING DEALER NEAREST THE F.O.B. POINT WHO

WILL PERFORM THE WARRANTY WORK IS:

NAME:

ADDRESS:

PHONE#:

NAME OF INDIVIDUAL TO CONTACT FOR WARRANTY:

DELIVER TO:

TDCJ

PACK WAREHOUSE - PACK UNIT

2400 WALLACE PACK RD

NAVASOTA, TX 77868

SUSPENSION, DEBARMENT, AND TERRORISM:

BIDDER CERTIFIES THAT THE BIDDING ENTITY AND ITS PRINCIPALS

ARE ELIGIBLE TO PARTICIPATE IN THIS TRANSACTION AND HAVE NOT BEEN

SUBJECTED TO SUSPENSION, DEBARMENT, OR SIMILAR INELIGIBILITY

DETERMINED BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY AND

THAT BIDDER IS IN COMPLIANCE WITH THE STATE OF TEXAS STATUTES AND

RULES RELATING TO PROCUREMENT AND THAT BIDDER IS NOT LISTED ON THE

FEDERAL GOVERNMENT'S TERRORISM WATCH LIST AS DESCRIBED IN EXECUTIVE

ORDER 13224. ENTITIES INELIGIBLE FOR FEDERAL PROCUREMENT ARE

LISTED AT HTTPS://WWW.SAM.GOV/.

BIDDER AGREES THAT ANY PAYMENTS DUE UNDER THIS CONTRACT WILL BE

APPLIED TOWARDS ANY DEBT, INCLUDING BUT NOT LIMITED TO DELINQUENT

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

AWARDED VENDOR AGREES THAT ANY PAYMENTS DUE UNDER THE PURCHASE

ORDER OR CONTRACT SHALL BE DIRECTLY APPLIED TOWARDS ELIMINATING

BlJ.70,1A {Rov, 04100) IFB CONTINUED ON NEXT PAGE

EXTENSIONS

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 525

Continuation Page .i of_a_

Bid Opening Date: 3 P.M.

HUNTSVILLE, TX 77340 Bid Number:

JUNE 24, 2025

IW210467-A

BIDDER MUST FILL IN -----1► Name of Bidder:. _________ _

ITEM STOCK NUMBER CONT QUANTITY U/M UNIT PRICE

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

BUT NOT LIMITED TO, DELINQUENT TAXES, DELINQUENT STUDENT LOAN

PAYMENTS, AND DELINQUENT CHILD SUPPORT.

IN ACCORDANCE WITH SECTION 2252.907, GOVERNMENT CODE, THE BIDDER

ACKNOWLEDGES THAT THIS CONTRACT AND INFORMATION CREATED OR

MAINTAINED IN CONNECTION WITH THIS CONTRACT IS PUBLIC INFORMATION

AND SUBJECT TO DISCLOSURE AS PROVIDED BY CHAPTER 552, GOVERNMENT

CODE (TEXAS PUBLIC INFORMATION ACT).

THE PUBLIC INFORMATION ACT MAY REQUIRE THE BIDDER TO MAKE INFORMATION

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

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

INFORMATION RELATED TO THIS CONTRACT THAT IS NOT OTHERWISE EXCEPTED

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

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

THE INFORMATION IN ANOTHER MUTUALLY AGREEABLE FORMAT. THE BIDDER

ACKNOWLEDGES THAT THE AGENCY SHALL NOT PROVIDE LEGAL COUNSEL RELATED

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

THE VENDOR AGREES NOT TO USE ANY ARTIFICIAL INTELLIGENCE IN THE

PERFORMANCE OF THIS CONTRACT WITHOUT PRIOR WRITTEN CONSENT OF THE

TDCJ.

SECURITY:

WHEN MAKING DELIVERIES TO CORRECTIONAL FACILITIES, CONTRACTOR'S

COMPLIANCE WITH TDCJ SECURITY PROCEDURES IS REQUIRED. THIS

INCLUDES DELIVERIES TO ALL TDCJ UNITS AND WAREHOUSES, OR ANY

OTHER TDCJ OWNED, LEASED, OR CONTRACTED PREMISES. SPECIFIC

REQUIREMENTS INCLUDE, BUT ARE NOT LIMITED TO:

1. ALL CONTRACTOR STAFF OR CONTRACTED DELIVERY SERVICE MAKING

DELIVERIES WITHIN A CORRECTIONAL FACILITY, AND THOSE AREAS

WHERE INMATES ARE ASSIGNED, WILL BE REQUIRED TO HAVE A

SECURITY ESCORT THROUGHOUT THEIR DELIVERY. ALL DELIVERY

STAFF SHALL BE REQUIRED TO FOLLOW THE DIRECTION OF SECURITY

STAFF. DELIVERY STAFF SHALL NOT INTERACT WITH INMATES.

FURTHERMORE, CONTRACTOR STAFF SHALL ADHERE TO THE PROVISIONS

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

INMATES," WHICH IS LOCATED ON THE TDCJ WEBSITE AT

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

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

IN THE ADDRESS BAR OF YOUR BROWSER.)

THE CONTRACTOR SHALL NOTIFY EACH OF THE CONTRACTOR'S STAFF

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

PRIOR TO ANY DELIVERY.

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 525

Continuation Page� of_0_

Bid Opening Date: 3 P.M.

HUNTSVILLE, TX 77340

JUNE 24, 2025

Bid Number: IW210467-A

BIDDER MUST FILL IN -----1► Name of Bidder:. _________ _

ITEM STOCK NUMBER CONT QUANTITY U/M UNIT PRICE

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

INSPECTION WHILE ON TDCJ PROPERTY.

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

DRIVERS ARE REQUIRED TO KEEP KEYS IN THEIR DIRECT POSSESSION

AT ALL TIMES.

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

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

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

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

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

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

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

WITH THE CURRENT BUSINESS ENVIRONMENT.

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

PERIMETER OF A FACILITY TO MAKE DELIVERIES UNLESS APPROVED BY

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

A UNIT OR FACILITY, WHETHER INSIDE OR OUTSIDE THE FENCED

PERIMETER, IF THE WARDEN BELIEVES THE PERSON MAY JEOPARDIZE

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

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

BURDEN ON STAFF.

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

NOT BE IN DELIVERY VEHICLE.

TDCJ RESERVES THE RIGHT TO IMMEDIATELY REMOVE AND/OR REFUSE

ENTRY TO ANY INDIVIDUAL WHO HAS VIOLATED THE ABOVE RESTRICTIONS.

THE UNIT WARDEN OR FACILITY ADMINISTRATOR WILL ULTIMATELY BE

RESPONSIBLE FOR INTERPRETING THESE RULES.

FOR QUESTIONS OR INQUIRIES CONTACT:

DANIELA CASTANEDA, CTCD

TDCJ CONTRACTS AND PROCUREMENT

TWO FINANCIAL PLAZA, SUITE 703

HUNTSVILLE, TX 77340

PH: 936-437-3863

EMAIL: DANIELA.CASTANEDA@TDCJ.TEXAS.GOV

FOR QUESTIONS OR INQUIRIES CONTACT:

NUVIA GALLEGOS-RUIZ, CTCD

TDCJ CONTRACTS AND PROCUREMENT

TWO FINANCIAL PLAZA, SUITE 703

HUNTSVILLE, TX 77340

PH: 936-437-3857

EMAIL: NUVIA.GALLEGOS-RUIZ@TDCJ.TEXAS.GOV

CONTRACTS AND PROCUREMENT DEPARTMENT

TWO FINANCIAL PLAZA, STE. 525

HUNTSVILLE, TX 77340

Continuation Page ..2.. of_a _

Bid Opening Date: 3 P.M.

Bid Number:

JUNE 24, 202s

IW21□467-A

BIDDER MUST FILL IN _ _,. Name of Bidder:. _______ _

ITEM STOCK NUMBER CONT

QUANTITY U/M UNIT PRICE EXTENSIONS

TERMS AND CONDITIONS

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

• Rev.03/07/2023 Page 1 of 5

1. Bidding Requirements:

1.1 Bidders must comply with all rules, regulations

and statutes relating to purchasing in the State of

Texas in addition to the requirements of this form.

1.2 Bids should be submitted on this form. Bidders

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

1.3 Bids must be time stamped at the office

designated in the solicitation on/or before the hour and date specified for the bid opening. Any bid received at the designated location after the exact time specified will not be considered unless

TDCJ determines that it was properly addressed and in the possession of TDCJ prior to the specified time but was late due to mishandling by the agency.

1.4 Late and/or unsigned bids will not be considered

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

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

allowed, unless otherwise stated within the specifications.

1.6 Bid prices are requested to be firm for TDCJ

acceptance for 30 days from bid opening date.

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

Cash discounts offered will be taken if earned.

1.7 Bidder should enter Texas Identification Number

System (T.I.N.S.) number, full firm name and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right hand corner. The Texas ID Number is the payee identification number assigned and used by the Comptroller of Public Accounts of Texas to process payment for goods/services. If this number is not known, please visit https://fmx.cpa.texas.gov/fm/pubs/payment/pay_ pro_pol/?s=ppp_forms&p=app_tin to set up a

Texas Identification Number:

Enter Federal Employer’s Identification Number

In an effort to minimize identity theft, every company MUST have an Employer Identification

Number (EIN), also known as a federal tax identification number prior to award of a contract.

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

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

1.8 Bid cannot be altered or amended after opening

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

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

1.9 Purchases made for State use are exempt from the

State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption

Certificates are available upon request.

1.10 Award Notice: The State reserves the right to

make an award on the basis of low line item bid, low total of line items, or in any other combination that will serve the best interest of the

State and to reject any and all bid items at the sole discretion of the State. The State also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of the State. Any contract may also be extended up to three months at the sole discretion of the State.

1.11 Consistent and continued tie bidding could cause

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

2. Specification:

2.1 Catalogs, brand names or manufacturer’s

references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised as a proprietary purchase under Government

Code, Title 10, Subtitle D, Section 2155.067. If bidding on other than reference specification(s), bid should show manufacturer, brand, or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the bid.

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

2.2 Unless otherwise specified, items bid shall be new

and unused and of current production.

2.3 All electrical items must meet all applicable

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

2.4 Samples, when requested, must be furnished free

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

2.5 The State will not be bound by any oral statement

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

2.6 Manufacturer’s standard warranty shall apply

unless otherwise stated in the IFB.

3. Tie Bids:

Awards will be made in accordance with 34 TAC

Rules 20.207 (c) (2) and 20.306 (preferences).

4. Delivery:

4.1 Show number of days required to place material

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

4.2 If delay is foreseen, vendor shall give written

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

4.3 No substitutions permitted without written

approval of the TDCJ Contracts and Procurement

Department.

4.4 Delivery shall be made during normal working

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

5. Inspection And Tests:

All goods will be subject to inspection and test by the

State. Authorized TDCJ personnel shall have access to supplier’s place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the vendor in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at the State’s option, be returned to the vendor or held for disposition at vendor’s expense.

Latent defects may result in revocation of acceptance.

6. Award of Contract:

6.1 A response to this IFB is an offer to contract

based upon the terms, conditions and specifications contained herein. Bids do not become contracts until they are accepted through a purchase order. The contract shall be governed, construed and interpreted under the laws of the State of Texas as the same may be amended from time to time. The factors listed in Texas

Government Code, Title 10, Subtitle D, Section

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

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

6.2 The TDCJ award policy shall consist of, but not

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

A. Prices;

B. Bidders previous record of performance and service;

C. Quality and conformance to specifications;

D. Any other best value factors so indicated.

7. Advertising of Award

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

8. Payment:

Payment shall be made thirty calendar days after the later of (1) the date an uncontested invoice is received,

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

Code, Chapter 2251.

https://fmx.cpa.texas.gov/fm/pubs/payment/pay_pro_pol/?s=ppp_forms&p=app_tin https://fmx.cpa.texas.gov/fm/pubs/payment/pay_pro_pol/?s=ppp_forms&p=app_tin http://www.irs.gov/businesses/

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9. Vendor Maintenance Direct Deposit and Substitute

W-9 Form (Electronic Funds Transfer):

Government Code 403.016 (c) (3) encourages state agencies to transmit payments to vendors through electronic funds transfer (Direct Deposit). To set up your account, contact agency Accounts Payable

Branch at (936) 437-8761 or (936) 437-6357.

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

https://www.tdcj.texas.gov/divisions/bfd/acct_acct s_pay.html. To enroll for advance notification of electronic funds transfer to your account, please contact the number listed above. Payment information may be obtained by calling the Comptroller of Public

Accounts toll free at (800) 531-5441, ext. 3-3660 or in Austin, Texas, call (512) 463-3660 or to receive via fax, call (512) 936-3461 or via the Internet at https://fmx.cpa.state.tx.us/fm/payment/index.php.

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

10. Shipping and Invoice Instructions:

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

Shipping Instructions:

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

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

3. Ship individual line items complete.

4. Each part shipped shall have a part number or be tagged with a part number as it appears on the purchase order. If items are shipped without a part number, they will be returned to the vendor at vendor’s expense.

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

Invoicing Instructions:

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

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

3. Any changes to the purchase order are only valid upon receipt of a purchase order change notice

(POCN) from the authorized purchaser.

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

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

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

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

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

8. Submit separate invoices for each shipment/per location.

11. Indemnification:

11.1 Acts or Omissions

Vendor shall indemnify and hold harmless the State of

Texas and Customers, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR

DESIGNEES FROM ANY AND ALL LIABILITY,

ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND

ALL RELATED COSTS, ATTORNEY FEES, AND

EXPENSES arising out of, or resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the

Contract and any Purchase Orders issued under the

Contract. THE DEFENSE SHALL BE

COORDINATED BY VENDOR WITH THE OFFICE

OF THE ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED DEFENDANTS

IN ANY LAWSUIT AND VENDOR MAY NOT

AGREE TO ANY SETTLEMENT WITHOUT FIRST

OBTAINING THE CONCURRENCE FROM THE

OFFICE OF THE ATTORNEY GENERAL. VENDOR

AND THE CUSTOMER AGREE TO FURNISH

TIMELY WRITTEN NOTICE TO EACH OTHER OF

ANY SUCH CLAIM.

11.2 Infringements

A. Vendor shall indemnify, defend, and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third 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

VENDOR PURSUANT TO THIS

CONTRACT. VENDOR AND THE

CUSTOMER AGREE TO FURNISH TIMELY

WRITTEN NOTICE TO EACH OTHER OF

ANY SUCH CLAIM. VENDOR SHALL BE

LIABLE TO PAY ALL COSTS OF DEFENSE

INCLUDING ATTORNEYS' FEES. THE

DEFENSE SHALL BE COORDINATED BY

VENDOR WITH THE OFFICE OF THE

ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED

DEFENDANTS IN ANY LAWSUIT AND

VENDOR MAY NOT AGREE TO ANY

SETTLEMENT WITHOUT FIRST

OBTAINING THE CONCURRENCE FROM

THE OFFICE OF THE ATTORNEY

GENERAL.

B. Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Vendor’s written approval, (iii) any modifications made to the product by the Vendor pursuant to Customer’s specific instructions, (iv) any intellectual property right owned by or licensed to

Customer, or (v) any use of the product or service by Customer that is not in conformity with the terms of any applicable license agreement.

C. If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor’s sole option and expense; (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer’s use is non-infringing.

11.3 The parties agree that the terms, covenants and

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

12. Vendor Assignments:

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

Section 1, et seq. (1973), and the antitrust laws of the

State of Texas. TEX. Bus. & Comm. Code Ann. Sec.

15.01 et seq. (1967).

13. Recycled Products:

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

14. Material Safety Data Sheets:

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

15. Electronic and Information Resources Accessibility

Standards, as required by 1 TAC Chapter 213:

15.1 State agencies 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.

15.2 Vendor shall provide the TDCJ 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 the

TDCJ 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/ .

16. E-Verify System

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

https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html https://fmx.cpa.state.tx.us/fm/payment/index.php mailto:tdcj.ap-invsvs@tdcj.texas.gov mailto:tdcj.ap-invsvs@tdcj.texas.gov http://www.buyaccessible.gov/ http://www.section508.gov/

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ANY EXCEPTIONS THERETO MUST BE IN WRITING

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

1. All persons employed to perform duties within

Texas, during the term of the Contract; and

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

The Contractor shall provide, upon request of the

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

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

Contract.

17. Bidder Affirmation:

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

17.1 Suspension, Debarment, and Terrorism: Bidder

certifies that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that bidder is in compliance with the State of Texas statutes and 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.

17.2 The bidder has not given, offered to give, nor

intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

17.3 Neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State or the Federal Antitrust

Laws (see section 12, above), nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

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

2155.004, Government Code, the bidder 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. 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.

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

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

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

Name:

Social Security Number:

Name:

Social Security Number:

Name:

Social Security Number:

Name:

Social Security Number:

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

17.6 Sections 2155.006 and 2261.053, 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, Government Code, occurring after September 24, 2005. Under Sections

2155.006 and 2155.0061, 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.

17.7 As required by Section 2252.903, Government

Code, bidder agrees that any payments due under a purchase order or contract resulting from this

IFB shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, regardless of when debt is incurred, until the debt is paid in full. Bidder shall comply with rules adopted by the Comptroller of Public Accounts under Sections 403.055, 403.0551, 2252.903, Government Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

17.8 Bidder certifies that they are in compliance with

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

Name of Former Executive: ____________________

Name of State Agency:_________________________

Date of Separation from State Agency:____________

Position with Bidder:___________________________

Date of Employment with Bidder:________________

17.9 In accordance with Section 2155.4441, 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.

17.10 Bidder represents and warrants that payment to

the bidder and the bidder’s receipt of appropriated or other funds under any contract resulting from this IFB are not prohibited by Section 556.005 or

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

17.11 Bidder represents and warrants that it has no

actual or potential conflicts of interest in providing the requested items to TDCJ under the

IFB and any 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.

17.12 Bidder certifies that they are in compliance with

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

17.13 If the bidder is required to make a certification

pursuant to Texas Government Code, Section

2271.002, the bidder certifies that they are in compliance with Chapter 2271 of the

Government Code relating to the prohibition of a state agency contracting with companies that boycott Israel or boycotts Israel during the term of the Contract. The bidder certifies that the individual or business entity named in this bid or

Contract is not ineligible to receive the specified

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

https://www.sam.gov/

ITEMS BELOW APPLY TO AND BECOME A PART OF BID

ANY EXCEPTIONS THERETO MUST BE IN WRITING

Rev.03/07/2023 Page 4 of 5 contracting with companies that are engaged in business with Iran, Sudan, or foreign terrorist organizations. The bidder certifies that the individual or business entity named in this bid or Contract is not ineligible to receive the specified Contract and acknowledges that this

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

17.16 Pursuant to Texas Health & Safety Code Section

17.15 Bidder certifies that they are in compliance with

Chapter 2274 of the Government Code relating to the prohibition of contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state. The bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified Contract and acknowledges that this contract may be terminated and Payment withheld if this certification is inaccurate.

pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it

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

Any actual or prospective bidder who is aggrieved in connection with this IFB, evaluation, or award of any contract resulting from this IFB, may formally protest as provided in TDCJ’s rules found in Texas Administrative Code, Title 37, Part 6, Chapter 155, Subchapter D, Rule 155.41. r

19. Protest Procedures:

17.21 If Respondent is required to make a verification 17.14 Bidder certifies that they are in compliance with Chapter 2252.152 of the Government Code relating to the prohibition of a state agency

161.0085, respondent certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent's business.

Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

17.17 Pursuant to Government Code Section 2274.0102, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is:(1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or (2) headquartered in any of those countries.

17.18 If Respondent is required to make a verification

pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

17.19 If Respondent is required to make a certification

pursuant to Section 2271.001 of the Texas Government Code, Respondent certifies that Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Respondent does not make that certification, Respondent must indicate that in its Response and state why the certification is not required.

17.20 Under Section 2155.004(b) of the Texas

Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

respondent shall defend, indemnify, and hold harmless agency and the State of Texas from and against any and all claims, violations, misappropriations or infringement of any patent, trademark, copyright, trade secret or other intellectual property rights and/or other intangible property, publicity or privacy rights, and/or in connection with or arising from: (1) the performance or actions of Respondent pursuant to this contract; (2) any deliverable, work product, configured service or other service provided hereunder; and/or (3) Agency's and/or Respondent's use of or acquisition of any requested services or other items provided to Agency by Respondent or otherwise to which Agency has access as a result or Respondent's performance under the contract. Respondent and agency agree to furnish timely written notice to each other of any such claim.

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

17.22 Pursuant to Texas Constitution, Article VIII §6,

18. Note to Bidder:

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

20. Dispute Resolution:

Any dispute arising under this Contract that is not disposed of by mutual agreement between the TDCJ and Contractor shall be resolved according to

“Procedures for Resolving Contract Claims and

Disputes,” Rule Section 155.31, Texas Administrative

Code, Title 37, Part 6, Chapter 155, Subchapter C.

A. If authorized to adjudicate a breach of contract claim against the TDCJ under Chapter 114, Civil

Practice and Remedies Code, Contractor, prior to filing suit, shall comply with the dispute resolution process in subsections 155.31(h) – (q) of Rule 155.31 “Procedures for Resolving

Contract Claims and Disputes.” However, references therein to Chapter 2260 or the State

Office of Administrative Hearings…