ESBD_432147_1751314368085_EXHIBIT B Execution Of Proposal Final.docx

EXHIBIT A

EXECUTION OF PROPOSAL

AFFIRMATION CLAUSES

RFP #332-RFP24-1008

NOTE: THIS EXHIBIT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS THAT DO NOT INCLUDE THIS EXHIBIT WILL BE DISQUALIFIED. THE PROPOSAL SHALL BE VOID IF FALSE STATEMENTS ARE CONTAINED IN THIS EXHIBIT.

By signature hereon, Respondent certifies that:

A. All statements and information prepared and submitted in the response to this RFP are current, complete, and accurate.

B. 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.

C. Neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent or anyone acting for such firm, corporation, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP.

D. Under Texas Government Code section 2155.0061, a state agency may not award a contract that includes proposed financial participation by a person who, during the five-year period preceding the date of the award, has been convicted of any offense related to the direct support or promotion of human trafficking. Respondent 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.

E. Respondent represents and warrants that it is not an abortion provider or an affiliate of an abortion provider as those terms are defined in Texas Government Code, Chapter 2272, Prohibited Transactions.

F. Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Resident Bidder as defined in Section 2155.444(c) of the Texas Government Code.

G. Pursuant to Section §2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from TDHCA to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section §2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity names in the 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 in inaccurate.

H. In accordance with Section §669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the Agency, (2) a person who at any time during the four years before the date of the contract was the executive head of the Agency, or (3) a person who employs a current or former executive head of the Agency.

I. In accordance with Section 2252.901 of the Texas Government Code, Respondent represents and warrants that for professional services contracts as described by Chapter 2254 of the Texas Government Code, if a former employee of the TDHCA was employed by Respondent within one year of the employee’s leaving the TDHCA, then such employee will not perform services on projects with Respondent that the employee worked on while employed by the TDHCA.

J. Under Texas Government Code §669.003 (relating to contracting with an executive of a state agency), by signature hereon, Respondent certifies that it:

(A) (1) is not the executive head of the agency contracting herein; (2) was not at any time during the past four years the executive head of the agency contracting herein; (3) does not employ a current or former executive head of a state agency; or

(B) Respondent and the agency contracting herein have complied with the requirements of the above referenced statute concerning board approval and notice to the Legislative Budget Board.

Respondent acknowledges that this Contract may be terminated at any time, and payments withheld, if this certification is false.

K. Respondent 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.

L. Pursuant to Section 572.069 of the Texas Government Code, Respondent certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for TDHCA involving Respondent within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

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

N. In accordance with 13 TAC §6.94(a) (9), Respondent shall provide to TDHCA the descriptions of its business continuity and disaster recovery plans.

O. If Respondent is required to make a certification pursuant to Section 2271.002 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.

P. Respondent certifies that it is not listed in the prohibited Respondents list authorized by Executive Order 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.

Q. 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 any contract resulting from this RFP. If Respondent does not make that verification, Respondent must so indicate in its Proposal and state why the verification is not required.

R. 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 any contract resulting from this RFP against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Proposal and state why the verification is not required.

S. 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.

T. 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.

U. 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.

V. Respondent certifies that the offering 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. Entities ineligible for federal procurement are listed at https://www.sam.gov.

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

X. Pursuant to §2262.154 of the Texas Government Code, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the Respondent or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Respondent or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Respondent shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the contract and the requirement to cooperate is included in any subcontract it awards.

Y. By submitting the Response, Respondent represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of Respondent and to bind Respondent under any contract that may result from the submission of this Response.

Z. Respondent certifies that neither it, nor its holding companies or subsidiaries, is:

(a) Listed in Section 889 of the 2019 National Defense Authorization Act;

(b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or

(c) Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4; or

(d) Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4.

RESPONDENT (COMPANY): ______________________________________________

SIGNATURE (INK): __________________________________________________________

NAME (TYPED/PRINTED) ____________________________________________________

TITLE: _________________________________________ DATE: _____________________

STREET: ____________________________________________________________________

CITY/STATE/ZIP: ____________________________________________________________

TELEPHONE AND FACSIMILE NUMBERS: ____________________________________

TEXAS IDENTIFICATION NUMBER (TIN): __________________________________