ESBD_424944_1748978501392_RFP 503-25-004.pdf

Texas Medical Board Request for Proposals

Business Cards Solicitation No. 503-25-004

June 03, 2025

Anticipated Schedule of Events

Issuance of Solicitation:

Date

June 03, 2025

Deadline For Submitting Solicitation Questions

Tentative Date for Reponses to Questions

Deadline for Submission of Responses

June 9, 2025 , June 11, 2025

June 17, 2025

Commencement of Work Upon award, anticipated date June 23, 2025 or soon thereafter.

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TABLE OF CONTENTS

Section 1 – Summary

Section 2 – Specifications

2.1 Objective

2.2 Background

2.3 Key Definitions and Acronyms

2.4 Point of Contact and Communications

2.5 Initial Compliance Screening

2.6 Respondent’s Past Performance

2.7 Contract Term

2.8 TMB Roles and Responsibilities

2.9 Texas Identification Number System

2.10 Solicitation Addenda

Section 3 – Scope of Work

3.1 Statement of Work

3.2 Specifications

3.3 Quantity

3.4 Samples

3.4 Attachments

3.4 Change Requests

Section 4 – Project Requirements and Expectations

4.1 Response Submission Instructions

4.2 Electronic Mail Submission

4.3 Response Format and Required Elements

4.4 Evaluation Matrix

4.5 Respondent’s Reference

4.6 Standard Acceptance and Evaluation Process for Work Products

4.7 Status Reports

4.8 Communications with TMB Designated Personnel

Section 5 – Standard Terms and Conditions

5.1 Additional Terms

5.2 Standard Terms

5.3 Execution of Solicitation

5.4 Certifications and Acknowledgements

5.5 Conflict of Interest/Disclosure

5.6 Nondisclosure Agreement

5.7 Certification Regarding Public Nature of Solicitation

5.8 HUB Subcontracting Plan (HSP)

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Section 1 - Summary

1.1. Type of Submission:

1.2. Issuing Office:

1.3. Additional Requirements:

1.4. Responses to Solicitation:

1.5. Deadline for Responses:

1.6. Initial Contract Terms:

1.7. TMB Optional Contract Terms:

1.8. TMB Contact Person for this Solicitation:

1.9. Responses Submitted by Email:

1.10. Responses Submitted by Fax:

1.11. Pre- Response Conference:

1.12. Pre- Response Inspection:

1.13. Letters of Intent to Submit a Response:

Request For Proposals

Texas Medical Board (TMB)

N/A

Sealed Competitive Proposals

In Issuing Office No Later Than:

June 17, 2025. 2:00 p.m. Central Time

(CT)

Date of Award to Completion

N/A

Mr. Kayode Ogunbanjo, CTCD, CTCM Email:

purchasing@tmb.state.tx.us

Required; See Section 4.2

Not Acceptable

N/A

N/A

N/A

1.14. Solicitation Addenda: Notices of changes to items directly impacting the solicitation process will be posted on the Electronic State Business Daily (ESBD) located at:

http://www.txsmartbuy.com/esbd. TMB will post any amendment to this solicitation on the ESBD as a Solicitation Addendum. It is the responsibility of an interested party to check the ESBD for updates to this Solicitation before submitting a Response. Each Respondent is solely responsible for verifying TMB’s receipt of its questions, if applicable, and its Response by the deadlines specified in this Solicitation.

1.15. Questions and Answers: Questions regarding this Solicitation must be in writing and must be submitted to the TMB Contact Person specified, no later than the Deadline for Submitting Solicitation Questions; 2:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the email address specified in Section 2.4. TMB intends to post answers to the questions received on the ESBD on the Tentative Date for Response to Questions, or as soon thereafter as practical.

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1.16. Respondent Presentations: N/A

1.17. Evaluation of Responses under Best Value Standard (Section 2157.003 of the Texas Government Code):

Criteria Weight Respondent’s Qualifications and Experience 40% Implementation Strategy 30% Price Schedule 20% Contract History 10% Total: 100%

Due to changed building access restrictions, Respondents will not be permitted to hand deliver Responses to the Issuing Office. Respondents are required to submit Responses electronically via email in accordance with Section 4.2 of the Solicitation.

Contact with TMB Personnel: Upon issuance of this Solicitation employees and representatives of TMB, other than the TMB Contact Person identified in the Summary, will not discuss the contents of this Solicitation with any Respondent or its representatives.

Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related Response. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement.

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Section 2 – Specifications

2.1. Objective:

TMB issues this Solicitation to garner Responses from qualified vendors for the provision of customized business card printing services. TMB seeks to contract with a single vendor to provide an initial order of customized business cards and subsequent orders. Vendors must be capable of delivering services in accordance with the specifications outlined in this Solicitation.

2.2. Background:

The mission of TMB is to protect and enhance the public’s health, safety, and welfare by establishing and maintaining standards of excellence used in regulating the practice of medicine and ensuring quality health care for the citizens of Texas through licensure, discipline, and education.

2.3. Key Definitions and Acronyms:

Business Day Monday through Friday, 8:00AM (CT) through 5:00PM (CT), except days on which TMB is officially closed.

Contract A legally binding agreement between two or more parties outlining obligations.

Contractor An individual or company hired to perform services under the terms of a contract.

CT Central Time.

CTCD Certified Texas Contract Developer.

CTCM Certified Texas Contract Manager.

Deliverable A clearly defined product, service, or result that a vendor can provide.

ESBD Electronic State Business Daily.

Implementation Strategy A detailed plan describing how goals or requirements will be achieved, including steps, timelines, and resources.

Parties The entities involved in the Solicitation process.

Point of Contact The designated person responsible for communication and coordination between parties.

Response A submitted response to this Solicitation.

Respondent An individual or firm submitting a Response.

Solicitation Includes: Request for Proposals, Request for Offers, Requestion for Qualifications, or Request for Applications.

Successful Respondent The Respondent(s) awarded a Contract.

TINS Texas Identification Number System.

TMB Texas Medical Board.

VPTS Vendor Performance Tracking System.

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2.4. Point of Contact and Communications:

The TMB Point of Contact for questions on this solicitation is:

Kayode Ogunbanjo, CTCD, CTCM, Email: purchasing@tmb.state.tx.us

All communications concerning this Solicitation must be submitted on or before the

“Deadline For Submitting Solicitation Questions” as noted in the Schedule of Events found in cover page of this Solicitation. Vendor communications pertaining to this Solicitation must include the solicitation number, title, and the Deadline for Submission of Solicitation Responses date identified in the Schedule of Events found on the cover page of this Solicitation in the email subject line. TMB’s response questions or clarifications concerning this Solicitation will be answered by an addendum posted on the Electronic State Business Daily (ESBD) by the “Tentative Date for Reponses to Questions ” as noted in the Schedule of events found on the cover page of this Solicitation or as soon as practical.

2.5. Initial Compliance Screening:

A. TMB’s Point of Contact will perform an initial compliance screening of all Responses received prior to the Response Deadline. The initial screening will check for compliance with various content requirements and minimum qualification requirements defined in this Solicitation. Notwithstanding anything to the contrary in this Solicitation, TMB reserves the right to waive minor technical and/or immaterial requirements in a Response and award a Contract that may result from this Solicitation that is in the best interests of the State.

B. Additionally, TMB reserves the right to request clarification from a Respondent who fails to meet any initial compliance requirements prior to rejecting a Response for material noncompliance with any requirements for non-responsiveness.

2.6. Respondent’s Past Performance:

A. TMB, in its sole discretion, may disqualify a Respondent when it determines there is unacceptable risk that the Respondent would fail to perform any Contract that may result from this Solicitation. The Respondent bears the burden of establishing that it is a responsible contractor capable of performing the type of Services required by this Solicitation and meeting the anticipated demand from TMB. In Addition to the response, TMB may consider any source of information that it deems reliable regarding a Respondent.

B. TMB will consider a Respondent’s past performance in compliance with applicable provisions of Sections 2155.074, 2155.075, and/or 2156.007 of the Texas Government Code. The following examples indicate poor contractor past performance:

i. A score of less than a C in the Contractor Vendor Performance Tracking System

(VPTS).

ii. Repeated negative contractor performance reports for the same stated reason.

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iii. A record of repeated non-responsiveness to contractor performance issues.

iv. Cancellation of purchases order(s) in the previous 12 months for non-performance, such as late delivery or quality control issues; or

v. Breach(es) of confidentiality, or security breach(es) of Respondent’s IT system(s)

2.7. Contract Term:

The initial term for any Contract resulting from this Solicitation is anticipated to be one (1) year. TMB in its sole discretion may extend or renew any Contract awarded pursuant to this Solicitation for two (2) additional one-year terms , provided the Contract term, including all extensions and renewals, does not exceed three (3) years.

2.8. TMB Roles and Responsibilities:

TMB will assign a Primary point of contact to serve as the project manager to work with the Successful Respondent’s single point of contact. TMB will provide reasonable access to TMB subject matter experts and technical staff for questions, fact finding, information gathering, and data collection and transfer.

2.9. Texas Identification Number System:

Respondent must provide its eleven-digit TINS number, full name and address in the relevant sections of this Solicitation. Failure to provide this information may result in disqualification of the Response.

2.10. Solicitation Addenda:

Notices of changes to items directly impacting the solicitation process will be posted on the Electronic State Business Daily (ESBD) located at: http://www.txsmartbuy.com/esbd. TMB will post any amendment to this solicitation on the ESBD as a Solicitation Addendum. It is the responsibility of an interested party to check the ESBD for updates to this Solicitation before submitting a Response. Each Respondent is solely responsible for verifying TMB’s receipt of its questions, if applicable, and its Response by the deadlines specified in this Solicitation.

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Section 3 – Scope of Work

3.1. Statement of Work:

The Texas Medical Board (TMB) is soliciting proposals and intends to enter into an agreement for ordering customized business cards to be printed in various quantities. It is the intention of TMB to contract a single company to provide these services. Vendor must demonstrate competence in providing this service and must have the necessary qualifications to provide customized business card services as outlined in this Request for Proposals (RFP). The services will be provided in accordance with the terms, conditions, requirements, and specifications set forth in this RFP. Specifications are set forth as an attachment to this RFP and will become part of the contract as if written herein. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by TMB.

3.2. Specifications:

A. Size:

2” x 3.5” standard business card dimensions

B. Printing:

i. 1-Color (Thermo) Front

ii. 4/4 Digitabl with Bleeds

C. Paper Stock:

100# Bright White Royal Linen Cover

D. Finishing:

i. Orange horizontal line on the front side to be foiled using TMB branding colors.

ii. If possible, the orange star should also be foiled.

3.3. Quantity:

Business cards will be ordered for a minimum of 150 TMB employees. Please provide scaled pricing based on quantities and orders for 250 business cards per employee up to 1,000 business cards.

3.4. Samples:

Please provide samples of prior business cards produced for reference. TMB may request a mockup sample(s) of the provided draft business card. Please include price per sample cost with shipping to TMB.

3.5. Attachments:

The following documents are included as part of this Solicitation and shall be used as guides for design and production Deliverables.

A. Attachment 1 – TMB Branding Guide Sheet:

Provides official branding guidelines with approved logos, typography and color palette.

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B. Attachment 2 – TMB Sample Business Card Design Illustrates the front and back layout of the business card, including logo placement and formatting

C. Attachment 3 – TMB Sample Card Design with Print Marks Provides a template with crop and bleed indicators

3.6. Change Requests:

Any request for a change in the work to be performed regarding this Solicitation, including requests for changes in project plan, scope, specifications, schedule, requirements, deliverables, or any other aspect, shall be submitted in writing. The parties may change the scope of the of this Solicitation or pricing specified in the Contract only by written amendment to the Contract, signed by an authorized representative of each party. An amendment to the Contract is not valid without the written approval and signature of TMB’s Executive Director, Deputy Executive Director of Business Administration, or General Counsel.

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Section 4 – Project Requirements and Expectations

4.1. Response Submission Instructions:

The respondent is solely responsible for ensuring its Response is complete, satisfies all Solicitation requirements, and is submitted to, and received by TMB by the Response deadline. In no event will TMB be responsible or liable for lost, misdirected, technical difficulties preventing submission of Responses, delivery delays or errors, or late Responses. Responses must be received by the Response Deadline. Late Responses will not be accepted.

4.2. Electronic Mail Submission:

A. Responses submitted by email must be sent to purchasing@tmb.state.tx.us by the

Response Deadline. If TMB, in its sole discretion, determines any portion of a Response submitted is received late, is illegible, or otherwise non-responsive, the Response or applicable portion of the Response will be considered late and will be rejected. TMB will notify Respondents if their Response was rejected.

B. The subject line for emails should contain the following in the subject line as well as the

Respondent’s name, and the number of emails if more than one (e.g, 1 of #)

“RFP No. 503-25-001, TMB Business Cards <Respondent’s Name Here>”

C. All forms requiring signatures must be manually signed with scanned signatures

D. TMB strongly encourages Respondent to send the email with the attached Response at least fifteen (15) minutes prior to the Deadline for Submission of Responses as specified in this Solicitation to allow for any networking delays that may occur.

E. TMB is not responsible for Responses submitted by email, lost emails, or blocked emails, or emails that do not follow the required naming convention. Additionally, TMB takes no responsibility for emailed Responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMB anti-virus or other security software. Respondents are advised to be aware Internet Service Providers may limit file sizes on outgoing emails.

4.3. Respondent’s Response Format and Required Elements:

A. Title Page:

The response title page should include the following:

i. Solicitation name and number; and

ii. Legal name and principal business address of the Respondent, and the name, business address, telephone numbers, and email addresses (if applicable) of the proposed principal contact person regarding all contractual matters pertaining to this Solicitation.

B. Table of Contents:

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The Response should be submitted with a table of contents that clearly identifies and denotes the location of each section and sub-section of the Response. Additionally, the table of contents should clearly identify and denote the location of all enclosures, appendices, and attachments to the Response.

C. Executive Summary:

Respondents should submit an Executive Summary that provides a concise summary of the plan being proposed to meet the requirements of this Solicitation, the Respondent’s approach to providing the requirements in the Solicitation, and a description of what uniquely qualifies Respondent for contract award under this Solicitation. The Executive Summary should exclude cost information.

D. Demonstration of Respondents Experience and Capacity to Perform:

Respondent must submit with its Response all documentation that Respondent believes indicates it is best suited to provide services for this project. Information submitted with the Response may include, but is not limited to:

i. Company Size/Number of Employees

ii. Number of current contracts for provisions of similar services within the scope of this Solicitation

iii. Any additional documentation that indicates Respondent’s experience, expertise, capacity, and stability necessary to successfully comply with the requirements of this Solicitation.

E. Implementation Strategy:

Respondents must provide a detailed Implementation Strategy describing how the requirements of this Solicitation will be met. This section should outline the Respondent’s proposed approach, methods, processes, and timeline for delivering the requested goods and/or services. The Implementation Strategy should demonstrate a clear, step-by-step plan that reflects an understanding of the Solicitation’s scope, objectives, and deliverables.

F. Price Schedule:

i. The Respondent must complete and submit in its Response a separate page titled, Mandatory Price Sheet, in the format described below.

ii. All costs associated with the offered services must be entered on the Mandatory Price Sheet and described in the Response. This includes the following mandatory costs:

• Classification of all employees expected to perform required services’

• Blended hourly fee for employees and/or associated expected to perform the required services

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• Estimated total working hours by employees by work product and/or deliverable

• Estimated travel expenses to include cost for transportation, overnight lodging, and meals according to Texas Comptroller of Public Accounts travel guidelines

• Estimated expenses to include cost for administrative and related services

*Price Schedule 1: Insert additional lines as necessary to accommodate all work products and deliverables

G. Contract History:

Respondent must provide the following information for all contracts, past and present, related to the scope of this Solicitation:

i. Name of Client

ii. Contact title, name, business, address, phone number, and email address

iii. Brief description of the project (include scope of work and indicate whether Respondent was the prime contractor or subcontractor)

iv. Contract start and end dates

v. Detailed reason for contract termination, expiration, and/or non-renewal by

Respondent’s client(s)

vi. Details of any of the Respondent’s clients that have assessed liquidated damages against the Respondent

4.4. Evaluation Matrix:

All Responses will be evaluated based upon pre-defined criteria. TMB will use a weighted scoring system to achieve a fair and objective assessment of the Responses received based on the evaluation matrix below.

Price Schedule 1* Texas Medical Board

# Description Quantity Price per Unit Total Price Deliverable A $

Deliverable B $ Deliverable C $

Deliverable D $ Total $

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Criteria Weight Respondent’s Qualifications and Experience 40% Implementation Strategy 30% Price Schedule 20% Contract History 10% Total: 100%

4.5. Respondent’s References:

A. In its Response, Respondent must provide a list of three (3) entities other than TMB for which Respondent has provided services and/or products described in this Solicitation during the past three (3) years. For each of the three references, Respondent must include dates when items that were the same or similar to those requested in this Solicitation were provided, and the names, telephone numbers and email addresses of the entity’s contact person.

B. In TMB’s sole discretion, TMB may contact Respondent’s references by electronic mail or telephone. TMB will not notify Respondent of its reference-checking activities. In the event Respondent provides more than three references, TMB will contact only the first three references listed in Respondent’s Response

C. TMB may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (VPTS), as authorized by Section 2262.055 of the Texas Government Code, TMB may examine other sources of Respondent performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the state of Texas, another state or the Federal government. Further, TMB may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of TMB, and any negative findings, as determined by TMB, may result in a non-award to Respondent.

D. Respondent must provide the reference information in a format similar to the following:

Reference 1:____________________________________________________________________________

Entity Name:___________________________________________________________________________

Date Item(s) Provided:___________________________________________________________________

Name of Entity’s Contact Person:________________________________________________________

Telephone Number of Entity’s Contact Person:____________________________________________

Email Address of Entity’s Contact Person: ________________________________________________

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Reference 2:____________________________________________________________________________

Entity Name:___________________________________________________________________________

Date Item(s) Provided:___________________________________________________________________

Name of Entity’s Contact Person:________________________________________________________

Reference 3:____________________________________________________________________________

Entity Name:___________________________________________________________________________

Date Item(s) Provided:___________________________________________________________________

Name of Entity’s Contact Person:________________________________________________________

4.6. Standard Acceptance and Evaluation Process for Work Products:

A. Successful Respondent shall be responsible for the creation, development, and submission of the written deliverables and work products required under the Contract.

B. Successful Respondent shall make all written deliverables and work products electronically available in software versions and formats and for operating platforms approved by TMB (i.e. Microsoft Word, Microsoft Excel, Microsoft PowerPoint, Windows operating system, .pdf, etc.).

C. All written deliverables and work products must be reviewed and approved by TMB.

D. Except as otherwise mutually agreed by TMB and Successful Respondent, TMB’s evaluation period shall be five (5) Business Days for each written deliverable or work product. On or before the fifth (5th) Business Day following TMB’s receipt of Successful Respondent’s written deliverable or work product, TMB shall provide Successful Respondent with either:

i. TMB’s written acceptance of the written deliverable or work product, or

ii. TMB’s written rejection of the written deliverable or work product. Successful

Respondent shall have five (5) Business Days after written notice within which to correct all defects identified within the written notice of rejection and resubmit the corrected written deliverable or work product. Upon delivery, TMB shall

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4.7. Status Reports:

Successful Respondent shall provide bi-weekly status reports, or more frequent status reports as determined by TMB, to designated TMB personnel. The status reports may be conducted virtually and may be required based on discussions in the kickoff meeting or initial workshop. The status reports and/or meetings shall include any identified risks or major concerns that may impact the overall schedule of the work. Successful Respondent shall be responsible for identifying, documenting, and assessing potential risks related to this project, and for managing actions to avoid, transfer, mitigate, or otherwise address those risks throughout the project lifecycle. If any risk escalates to an issue requiring immediate attention, Successful Respondent shall promptly notify the TMB point of contact and TMB Contract Manager upon determining that mitigation is necessary.

4.8. Communications with TMB Designated Personnel:

Successful Respondent may communicate with various TMB personnel under the direction of the TMB designated point of contact.

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Section 5 – Standard Terms and Conditions

This Standard Terms and Conditions is incorporated into this solicitation for all purposes.

Respondent’s representation and signature is required on the Execution of Response.

5.1. Additional Terms:

A. Award of Contract:

A Response to this solicitation must be based upon the terms, conditions, and specifications contained herein. The successful Response to this Solicitation does not become a Contract until the Parties execute a written contract or TMB issues a Purchase Order that is accepted by a Contractor. The award of any contract that may result from this Solicitation will be made based upon the evaluation of all compliant responses received, using the applicable best value factors and the weights listed in the Evaluation Matrix in the Summary.

B. Cancellation of Contract:

TMB reserves the right to accept or reject all or any part of a Response, waive minor technicalities or immaterial requirements, and award any Contract that may result from this Solicitation that serves the best interests of the State.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within ten Business Days of TMB beginning negotiations with a Respondent, TMB may, in its sole and absolute discretion, negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award any Contract that may result from this Solicitation.

Additionally, TMB reserves the right to make changes to and/or cancel this Solicitation, make a partial award, or decline to award a Contract resulting from this Solicitation at any time at its sole and absolute discretion.

C. Negotiations:

TMB reserves the right to negotiate any term or condition set forth in the Response that TMB considers to be unfavorable to the State and to make modifications to the requirements set forth in this Solicitation, provided such modifications do not constitute a material change.

D. Resource Management:

Successful Respondent shall ensure that the project is adequately staffed throughout the entire project. Successful Respondent shall ensure that all its employees are trained, certified, or licensed, as applicable, and are properly qualified by education and experience to perform the project

E. Signature Authority:

The Respondent, by submitting its Response, represents and warrants that the individual submitting its Response, including all documents incorporated therein, is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any Contract that may result from the submission of its Response.

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F. Insurance:

Successful Respondent will secure and maintain all insurance premiums that are required by this Solicitation or the Contract or insurance premiums that are necessary to protect the interests of the state of Texas and TMB or that Successful Respondent may need or desire for Successful Respondent or Successful Respondent’s employees. Failure to maintain required insurance coverage or bonds, or acceptable alternative methods of insurance will be deemed a breach of Contract.

5.2. Standard Terms:

A. Applicable Statutes, Rules, and Regulations:

Respondents must comply with all statutes, rules, and regulations related to purchasing applicable to the State and TMB in addition to the requirements of this Solicitation.

Additionally, any vendor under any Contract that may result from this Solicitation, will comply with all federal, State, and local laws, statutes, rules, regulations, and ordinances, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, but not limited to, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

B. Anti-Trust Affirmation:

Respondent represents and warrants that, in accordance with Section 2155.005 of the Texas Government Coe, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent or anyone acting for such firm, corporation, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Response to any competitor or any other person engaged in the same line of business as Respondent.

C. Assignment:

Respondent shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from TMB. Any attempted assignment in violation of this provision is void and without effect.

D. Buy Texas Affirmation:

Respondent agrees to comply with Section 2155.4441 of the Texas Government Code relating to use of Service contracts and the purchase of products and materials produced in the State of Texas.

E. Child Support Obligation:

Under Section 231.006(d) of the Texas Family Code, regarding child support, Respondent certifies that the individual or business entity named in this Response 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 Respondent subject to Section231.006(c) of the Texas Family Code, must include in

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F. Cloud Computing State Risk and Authorization Management Program:

Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Respondent represents and warrants that it complies with the requirements of the state risk and authorization management program and Respondent agrees that throughout the term of the contract it shall maintain its certifications and comply with the program requirements in the performance of the contract.

G. Computer Equipment Recycling Program:

Respondent certifies its compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328

H. Contracting Information Responsibilities:

Respondent 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 Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

I. COVID-19 Vaccine Passport Prohibition:

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.

J. Critical Infrastructure Affirmation:

Pursuant to Government Code Section 2275.0102 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 2275.0103, or (2) headquartered in any of those countries.

K. Cybersecurity Training:

Respondent represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program.

L. Data Management and Security Controls:

In accordance with Section 2054.138 of the Texas Government Code, Respondent certifies that it will comply with the security controls required under this contract and will maintain records and make them available to TMB as evidence of Respondent’s compliance with the required controls.

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M. Dealings with Public Servants Affirmation:

Respondent 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 Response.

N. Debts and Delinquencies Affirmation:

Respondent agrees that any payments due under the contract shall be applied towards any debt or delinquency that is owed to the State of Texas.

O. Disaster Recovery Plan:

In accordance with 13 TAC Section 6.94(a)(9), Respondent shall, upon request, provide TMB with the descriptions of its business continuity and disaster recovery plans.

P. Disclosure of Prior State Employment:

In accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Respondent certifies that it does not employ an individual who has been employed by TMB or another TMB at any time during the two years preceding the submission of the Response or in the alternative, Respondent has disclosed in its Response the following: (i) the nature of the previous employment with TMB or the other TMB; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

Q. Dispute Resolution:

Disputes arising under the contract shall be resolved in accordance with the dispute resolution processes provided in Chapter 2260 of the Texas Government Code.

R. Dispute Resolution (Engineering, Architectural, or Construction Services):

Subject to Texas Government Code, Section 2260.002, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code and set forth below in subsections (a)-(d) shall be used by the parties to attempt to resolve all disputes arising under this contract. In accordance with the Texas Civil Practice and Remedies Code, Section 114.005, the parties agree claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below

i. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter

114.012 and any other statute or applicable law, if the Respondent’s claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Respondent may make a claim against TMB for breach of contract and the TMB may assert a counterclaim against the Respondent as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Respondent must provide written notice to TMB of a claim for breach of the contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Respondent seeks as damages; and (3) the legal theory of recovery.

ii. The chief administrative officer, or if designated in the contract, another officer of the TMB, shall examine the claim and any counterclaim and negotiate with the

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Respondent in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052.

iii. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party’s rights under this contract as to the parts of the claim that are not resolved.

iv. If a claim is not entirely resolved under paragraph (b) above, on or before the

270th day after the date the claim is filed with TMB, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Respondent’s sole and exclusive process for seeking a remedy for an alleged breach of contract by the TMB if the parties are unable to resolve their disputes as described in this section.

v. Nothing in the contract shall be construed as a waiver of the state’s or the TMB’s sovereign immunity. This contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. TMB does not waive any privileges, rights, defenses, or immunities available to TMB by entering into this contract or by its conduct, or by the conduct of any representative of TMB, prior to or subsequent to entering into this contract.

vi. Compliance with the dispute resolution process provided for in Texas

Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Respondent: filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or

vii. Initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code.

S. Energy Company Boycotts:

If Respondent is required to make a verification pursuant to Section 2276.002 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.

T. Entities that Boycott Israel:

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.

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If Respondent does not make that certification, Respondent must indicate that in its Response and state why the certification is not required.

U. E-Verify Program:

Respondent certifies that it utilizes and will continue to utilize the U.S Department of Homeland Security’s E-Verify System to determine the eligibility of:

i. All persons employed to perform duties within Texas during the term of the contract;

ii. and All persons, including subcontractors, assigned by Respondent to perform work pursuant to the contract within the United States of America.

V. Excess Obligations Prohibited:

The contract is subject to termination of cancellation, without penalty to TMB, either in whole or in part, subject to the availability of state funds.

W. Excluded Parties:

Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

X. Head of a State TMB Affirmation:

In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state TMB, Respondent certifies that it is not

(1) the executive head of TMB, (2) a person who at any time during the four years before the date of the contract was the executive head of TMB, or (3) a person who employs a current or former executive head of TMB.

Y. False Statements:

The undersigned certifies that the information contained in this Response is accurate and complete.

Z. Financial Participation Prohibited Affirmation:

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.

AA. Firearm Entities and Trade Associations Discrimination:

If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of 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.

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BB. Foreign Terrorist Organizations:

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

CC. Former TMB Employees:

Respondent represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were former employees of TMB during the twelve (12) month period immediately prior to the date of execution of the contract.

DD. 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 TMB.

EE. Human Trafficking Prohibition:

Under Section 2155.0061 of the Texas Government Code the 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 this contract may be terminated and payment withheld if this certification is inaccurate.

FF. Indemnification:

SUCCESSFUL RESPONDENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS

THE STATE OF TEXAS AND TMB, 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 SUCCESSFUL RESPONDENT OR ITS AGENTS,

EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF

SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT ,

INCLUDING ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE

DEFENSE SHALL BE COORDINATED BY SUCCESSFUL RESPONDENT WITH THE

OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE

NAMED DEFENDANTS IN ANY LAWSUIT AND SUCCESSFUL RESPONDENT MAY

NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE

CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL.

SUCCESSFUL RESPONDENT AND TMB AGREE TO FURNISH TIMELY WRITTEN

NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

GG. Indemnification (Intellectual Property):

SUCCESSFUL RESPONDENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS

TMB 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

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ACTIONS OF SUCCESSFUL RESPONDENT PURSUANT TO THE CONTRACT; (2) ANY

DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE, OR OTHER SERVICE

PROVIDED THEREUNDER; AND/OR (3) TMB’S AND/OR SUCCESSFUL

RESPONDENT’S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR

OTHER ITEMS PROVIDED TO TMB BY SUCCESSFUL RESPONDENT OR OTHERWISE

TO WHICH TMB HAS ACCESS AS A RESULT OF SUCCESSFUL RESPONDENT’S

PERFORMANCE UNDER THE CONTRACT. SUCCESSFUL RESPONDENT AND TMB

AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH

CLAIM. NOTICE SHALL BE CONSIDERED TIMELY IF DELIVERED WITHIN FIVE (5)

BUSINESS DAYS. SUCCESSFUL RESPONDENT SHALL BE LIABLE TO PAY ALL COSTS

OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE

COORDINATED BY SUCCESSFUL RESPONDENT WITH THE OFFICE OF THE TEXAS

ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED

DEFENDANTS IN ANY LAWSUIT AND SUCCESSFUL RESPONDENT MAY NOT AGREE

TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM

OAG. IN ADDITION, SUCCESSFUL RESPONDENT WILL REIMBURSE TMB 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 TMB DETERMINES THAT A CONFLICT

EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUCCESSFUL RESPONDENT OR IF

TMB IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, TMB

WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND SUCCESSFUL

RESPONDENT WILL PAY ALL REASONABLE COSTS OF TMB’S COUNSEL.

SUCCESSFUL RESPONDENT REPRESENTS AND WARRANTS THAT IT HAS

DETERMINED WHAT LICENSES, PATENTS AND PERMITS ARE REQUIRED UNDER

THE CONTRACT AND HAS ACQUIRED ALL APPLICABLE LICENSES, PATENTS, AND

PERMITS.

HH. National Anthem Verification:

If Respondent is a professional sports team as defined by Section 2004.002 of the Texas Occupations Code, Respondent will play the United States national anthem at the beginning of each team sporting event held at the Respondent’s home venue or other venue controlled by Respondent for the event. Failure to comply with this obligation constitutes a default of this contract, and immediately subjects Respondent to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Respondent may be debarred from contracting with the State. The TMB or the Attorney General may strictly enforce this provision.

II. No Conflicts of Interest:

Respondent represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

JJ. Prior Disaster Relief Contract Violation:

Under Sections 2155.006 and 2261.053 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or

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KK. Public Information Act:

Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”). In accordance with Section

2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

LL. Signature Authority:

By submitting the Response, Respondent represents and warrants that the…