ESBD_439514_1753461364932_IFB 455-26-1003 Security Officer Services-jh.pa (003).docx

RRC Procurement and Contracting Services SOLICITATION DOCUMENT

Response Due Date: August 8, 2025, by 12:00 PM CT Formal responses MUST be e-mailed to the e-mail address below.

Respond to:

Contract Manager: Pablo Almaraz Telephone: 512-463-7150 E-Mail: Pablo.Almaraz@rrc.texas.gov

E-Mail Responses to:

Pablo.Almaraz@rrc.texas.gov

Item Description

Qty

UOM

The Railroad Commission of Texas is soliciting proposals from qualified respondents to enter into a contract for Security Officer Services per the requirements in this Invitation for Bid.

990-46

See Scope of Service Appendix A below

LOT

Security Officers shall provide an overt security presence at the William B. Travis Building (WBT), 1701 N. Congress Ave., Austin, TX 78701, from the hours of 7:30 a.m. to 5:00 p.m. CT, Monday through Friday. There shall be occasional after-hours security needs that shall be scheduled within 24 hours of need; please include any additional costs for this service. One (1) uniformed officer will be required at this location during scheduled hours. The Officer shall walk a designated route as directed by the RRC designee every hour except during high volume times when not stationed at designated entrance. All services shall meet these schedules, including skeleton crew days, but excluding state holidays to be provided to the awarded contractor.

RRC Statements and Covenants are attached and shall apply. (See Appendix B)

RRC Standard Terms and Conditions are attached, and these shall govern the Contract. (See Appendix C)

All work under the Contract shall be performed in accordance with applicable federal, state, and local statutes, laws, ordinances, regulations, and rules, including applicable RRC Rules, the specifications as described in this bid document, and all terms and conditions of the Contract shall apply.

Deadline for Submission of Written Inquiries (No later than Wednesday, July 30, 2025, at 12:00 PM CT).

Responses to written inquiries, if any (Addendum shall be posted to ESBD) shall be posted Friday, August 1, 2025.

Responses are due Friday, August 08, 2025, by 12:00 PM Central Time. Responses shall be submitted utilizing this IFB solicitation document and must be signed by an authorized company representative to be deemed responsive.

Emailed Responses for this IFB will be accepted. Email Responses to Pablo.Almaraz@rrc.texas.gov

Vendor Instructions:

Vendors shall submit their best pricing for services as outlined in this document. Quotes must remain good for 30 days. Services shall not be substituted unless otherwise specified. All associated charges related to the services must be provided on this form. For any questions, contact the Contract staff listed above. NOTE: (1) Late responses will not be considered, (2) award(s) will be made in the best interest of the State, (3) vendors must specify if quoting all or none and (4) must state whether taking exceptions to the attached RRC Terms and Conditions. RRC shall reject a response that takes exception to RRC Terms and Conditions” to ensure Respondents are aware that the agency prefers no exceptions.

Emailed Responses must reference the IFB #455-26-1003 in the subject line of your email.

Responses shall be evaluated according to the following evaluation criteria:

Fees and Total Compensation - 100% Cost charged per hour per officer.

Cost for after-hours and/or holiday hours security services (This service shall be requested periodically and shall be necessary on short notice) All other fees and costs

Delivery Date:

By signing this document, respondent certifies that prices shown on this quote are true and correct. Shall this bid/offer result in a Purchase Order, respondent agrees to comply with all “Terms and Conditions,” which are attached and incorporated into this document.

Check below if preference claimed under Pursuant to 34 TAC §20.306 Vendor claims the preference(s) checked below:

· Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

· Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

· Agricultural products grown in Texas

· Agricultural products offered by a Texas bidder

· Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

· Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

· Texas Vegetation Native to the Region

· USA produced supplies, materials or equipment

· Products of persons with mental or physical disabilities

· Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

· Energy Efficient Products

· Rubberized asphalt paving material

· Recycled motor oil and lubricants

· Products produced at facilities located on formerly contaminated property

· Products and services from economically depressed or blighted areas

· Vendors that meet or exceed air quality standards

· Recycled or Reused Computer Equipment of Other Manufacturers

· Foods of Higher Nutritional Value.

VENDOR / RESPONDENT MUST COMPLETE ALL ITEMS:

X Signature of Vendor or Authorized Representative Print Name:

(Must be manually signed; failure to sign will disqualify response.)

Texas Vendor Identification No. (or Federal Employer’s ID):

Name of Business:

Street Address:

City-State-Zip Code:

Telephone Number:

Fax Number:

E-Mail Address:

By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined in 34 TAC §20.282 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 in the sole discretion of the State.

APPENDIX A SCOPE OF SERVICE

A. SCOPE OF SERVICE

The Railroad Commission of Texas seeks to contract Security Officers to provide an overt security presence at the William B. Travis Building (WBT), 1701 N. Congress Ave., Austin, TX 78701, from the hours of 7:30 a.m. to 5:00 p.m. CT, Monday through Friday. There shall be occasional after-hours security needs that shall be scheduled within 24 hours of need; please include any additional costs for this service. One (1) uniformed officer will be required at this location during scheduled hours. The Officer shall walk a designated route as directed by the RRC designee every hour except during high volume times when the Officer shall man the front entrance. All services shall meet these schedules, including skeleton crew days, but excluding state holidays to be provided to the awarded contractor.

B. OBJECTIVES/SUMMARY

1. Protect all persons at the WBT building from bodily harm or injury.

2. Perform other such functions as shall be appropriate and necessary in the event of situations or occurrences affecting the security of the facility, such as fires, accidents, internal disorders, emergencies, sabotage, or other criminal acts, etc.

3. The officer is to observe persons entering or leaving the premises.

4. Officers shall, if they have any questions, examine packages, briefcases, etc., before permitting access to anyone and ask anyone to leave the building as necessary.

5. The officer is to maintain order at WBT while staff, visitors, etc., are using the building's facilities.

6. On request, Officer will immediately assist all agencies First Responders in the event of any incident which shall impact the safety, security, or health of the WBT building.

7. Officers shall apprehend persons gaining unauthorized access to facilities and remove any unruly persons.

8. The officer shall call appropriate Law Enforcement officials immediately in the event of a crisis situation.

9. If, for any reason, the Officer is unable to report, the Officer Service must fully brief the substitute as to his general and specific orders. Each substitute Officer shall receive detailed instructions on Officer Service responsibilities from Officer Service.

10. Officers shall be required to monitor security cameras and take any necessary action to control security breaches.

C. EXPERIENCE/QUALIFICATIONS OF OFFICERS

1. The RRC requires Off-Duty Texas Department of Public Safety Officers and/ or Texas Rangers.

2. The RRC is requesting One (1) Officer to perform daily security services.

3. Officers shall be in good standing with the Department.

4. Officers shall be armed with Department approved sidearm.

5. All Officers shall have training in self-defense techniques and techniques for detaining and holding persons for arrest by police.

6. Officers shall have experience commensurate with the type of duty to be performed and will be literate, i.e., will be able to read and understand printed regulations, written orders, and training instructions and will be able to compose reports that will convey full information of events pertaining to their shift.

7. Officers are to be trained with the knowledge of how to disarm an individual carrying a weapon.

8. Officers must possess a thorough knowledge of security rules, regulations, and procedures and thorough knowledge of the laws of arrest.

9. Officers must possess the ability to face situations firmly, fortuitously, tactfully, and with respect for the rights of others.

10. Officers must possess the ability to use self-defense techniques to protect themselves, staff, and clients from unarmed and armed attacks by assailants. They must be able to demonstrate emotional stability during periods of tension and stress while carrying out assigned duties and the ability to maintain control in crisis situations.

11. Officers shall have a minimum of one year's employment as commissioned officers.

12. Officers not meeting all standards outlined will not be acceptable, and the RRC reserves the right to remove them from duty summarily. If this occurs, the Officer service will be contacted, and a replacement must be immediately available.

D. UNIFORMS/EQUIPMENT

1. Officer Service shall furnish security guards with standard uniforms. Badges shall be prominently displayed on the officer's uniform. When appropriate, the officer shall be equipped with a flashlight, police whistle, notebook, and pen. Officers must be in full uniform while on duty.

2. Officers must be well groomed at all times while on duty. This includes clean, well-fitted pressed uniforms and shoes. Personal hygiene and neatness are of prime importance.

3. Parking for patrol vehicles is available in Garage R across from WBT and underground.

E. REPORTS

1. Officers shall arrive promptly at the beginning shift hours indicated and shall provide continuous service until relieved or upon completion of assigned shift/duties (unless called to duty by the Department, in which case the officer will contact the officer service for a replacement officer to resume duties of departing Officer).

2. Officers shall be available to provide security presence during certain meetings/hearings for the other agencies located in the WBT building.

3. Officers must report daily to the RRC designee.

4. A continuous written log of all Officer activity, including details of any matters or occurrences pertinent to the security of the agency, shall be maintained and current at the Security Desk.

5. The Officer Service must submit a written summary of daily reports to the RRC designee monthly. This report shall cover all matters of security interest and shall contain recommendations, if any, to improve the security program to enable it to be more effectively administered or to point out security deficiencies. Furthermore, any emergency or abnormal condition must be verbally reported at once to the RRC designee. A complete written incident report must be filed as soon as possible, with a copy of the incident report delivered to the RRC designee as soon as completed, not to exceed the end of the shift.

6. Officer Service shall furnish weekly copies of sign-in sheets showing the Officer's name, assignment, and number of hours worked during the period to the RRC designee.

F. ORDERS

1. General and specific orders must be issued by the Officer Service in writing to all Officers listing all applicable duties and emergency phone numbers. All general and specific orders shall be prepared by the officer service and reviewed by the RRC designee and shall be subject to his/her approval.

2. A prohibition against the abuse of the internet or security computers for personal use shall be included.

3. A prohibition against the use of alcohol or narcotics while on duty must be included in orders to the Officers as well as the RRC No Smoking Policy.

4. It is a requirement of RRC that ALL Officers assigned to this duty DO NOT smoke in public while on duty.

5.

G. CONTRACT TERM

The initial term of the Contract will be from September 1, 2025, through August 31, 2026, or upon written request of either party, as provided in RRC Standard Terms and Conditions (Appendix C), Section 4, General Provisions, Subparagraph B, Modification of Contract Terms and/or Amendments.

This Contract shall be extended only through written amendment to the Contract, fully executed prior to expiration of the Contract term in effect prior to execution of the applicable amendment to the Contract. RRC reserves the right to renew the Contract for three (3) additional one-year renewal under the same terms and conditions plus any RRC approved Changes

Renewal Periods:

1st Renewal: September 1, 2026 – August 31, 2027 2nd Renewal: September 1, 2027 – August 31, 2028 3rd Renewal: September 1, 2028 – August 31, 2029

H. FUNDING

It is understood that all obligations of RRC hereunder are subject to the availability of state funds, federal grant(s), and/or other federal funds. If such funds are not appropriated or become unavailable, this Contract shall be terminated. In such event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interest accrued up to the date of termination (see RRC Standard Terms and Conditions (Appendix C), Section 10, Contract Enforcement, Subparagraph B, Termination, #2 Termination for Lack of Appropriated Funds, Legislative Action, or Necessity of Performance.

I. QUESTIONS

The sole point of contact for inquiries concerning this solicitation is:

Pablo Almaraz, CTCM, CTCD Contract Manager Operations Division Tel: 512-463-7150 Pablo.Almaraz@rrc.texas.gov

Direct all communications relating to this IFB to the RRC contact person named above.

All other communications between a respondent and RRC agency staff concerning this solicitation are prohibited. In no instance is a respondent to discuss cost information contained in a response with the RRC point of contact or any other staff prior to response evaluation.

Failure to comply with these requirements shall result in bid disqualification.

APPENDIX B

RRC STATEMENTS AND COVENANTS

By signature hereto, Respondent makes and agrees to the following certifications, covenants, representations, statements, and warranties, as applicable:

1. The provisions in IFB 455-26-1003 apply to Respondent and all of Respondent’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who shall provide services under, who have a financial interest in, or who otherwise are interested in the IFB or the Contract arising therefrom.

2. Respondent certifies Respondent’s intent to furnish the requested goods and/or services at the prices quoted in its Response, and notwithstanding any disclaimers in Respondent’s Response and notwithstanding any other provision of the IFB or the Contract to the contrary, Respondent warrants and guarantees that all goods and services shall meet all specifications of the Contract.

3. Respondent certifies Respondent’s prices include all costs of Respondent in providing the requested items that meet all specifications of this IFB, and that its prices will remain firm for acceptance for a minimum of one hundred eighty (180) calendar days from deadline for submission of Response or issuance of Work Order.

4. Each of Respondent’s employees, including replacement employees hired in the future, shall possess the qualifications, education, training, experience, and certifications required to perform the services in the manner required by the IFB.

5. Respondent represents and warrants that Respondent’s provision of goods and/or services, or other performance under the Contract, will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

6. Pursuant to Texas Government Code Section 2155.003, 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 Contract.

7. Respondent represents and warrants that RRC’s payments to Respondent and Respondent’s receipt of appropriated or other funds under the Contract are not prohibited by Texas Government Code

§ §556.005 or 556.0055.

8. Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171. In addition, if Respondent is an individual not residing in Texas or a business entity not incorporated in or whose principal domicile is not in Texas, the following certification applies:

Vendor certifies that it holds a permit issued by the Texas Comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual’s or entity’s business in Texas or certifies that it does not sell tangible personal property or services that are subject to the state and local sales and use tax.

9. Respondent represents and warrants that Respondent shall pay all taxes or similar amounts resulting from this Contract, including, but not limited to, any federal, state, or local income, sales, or excise taxes of Respondent and Respondent’s employees. RRC shall not be liable for any taxes resulting from this Contract.

10. Respondent represents and warrants that in accordance with Texas Government Code §2155.005, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, nor anyone acting for such a firm, corporation or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Texas Business and Commerce Code Chapter 15, 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.

Respondent assigns to RRC all of Respondent’s rights, title and interest in and to all claims and causes of action Respondent shall have under the antitrust laws of Texas or the United States for overcharges associated with this IFB or any resulting contract.

11. By submitting a Response, Respondent represents and warrants that the individual submitting this Respondent’s Statements and Covenants and the documents made part of the Response is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract that shall result from the submission of the Response.

12. Respondent certifies that if a Texas address is shown as the address of Respondent within the Response, Respondent qualifies as a Texas Bidder as defined in Texas Government Code §2155.444(c).

13. Under Texas Family Code §231.006, regarding child support, Respondent certifies that the individual or business entity named in the Response and any Contract resulting from the Response to this IFB is not ineligible to receive the specified payment and acknowledges that the Contract shall be terminated, and payment shall be withheld if this certification is inaccurate. Furthermore, pursuant to Texas Family Code §231.006(j), in event of Contract award, Respondent agrees to provide, prior to Contract award, the name and Social Security Number for each person with 25% or greater ownership interest in the business entity.

14. Under Texas Government Code §669.003, Respondent certifies that it does not employ, or has disclosed its employment of, any former executive head of RRC. Respondent must provide the following information in the Response.

Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Respondent: Date of Employment with Respondent:

15. Respondent has not been the subject of allegations of deceptive trade practices violations under Texas Business and Commerce Code Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit, and Respondent has not been found to be liable for such practices in such proceedings.

Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of deceptive trade practice violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings.

16. In accordance with Texas Government Code §2155.4441, Respondent 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. Pursuant to Texas Government Code §2271.002, Respondent certifies that either (i) it meets an exemption criterion under Texas Government Code §2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Proposal.

18. Pursuant to Texas Government Code §2272.003, Respondent certifies that either (i) it meets an exemption criterion under Texas Government Code §2272.002; or (ii) it is not an abortion provider or an affiliate of an abortion provider during the term of the Contract resulting from this solicitation.

19. Pursuant to Texas Government Code §2274.002, Respondent certifies that it (i) does not boycott energy companies; and (ii) will not boycott energy companies during the term of the contract.

20. Pursuant to Texas Government Code §2274.002, Respondent certifies that it (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

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

22. Respondent certifies that it is not listed in the prohibited vendors 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.

23. If Respondent is submitting a Response for the purchase or lease of computer equipment, then Respondent certifies its compliance with Texas Health and Safety Code Chapter 361, Subchapter Y, and Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

24. Respondent shall ensure that any Respondent employee or subcontractor employee who has access to a state computer system or database shall complete a cybersecurity training program certified under Texas Government Code §2054.519. Such training is required to occur during the Contract term and the renewal period. Respondent shall provide RRC with verification of the completion of the requisite training.

25. Respondent represents and warrants that within the five (5) calendar years immediately preceding the submission of the Response, Respondent is not aware of and has received no notice of any court or governmental agency actions, proceedings, or investigations, etc., pending or threatened against Respondent, or any of the individuals or entities included in Respondent’s Response, that would or could impair Respondent’s performance under any contract resulting from this IFB, relate to the solicited or similar goods or services, or otherwise be relevant to RRC’s consideration of the Response. If Respondent is unable to make such representation and warranty, Respondent instead represents and warrants that it has included as a detailed attachment in its Response a complete disclosure of any such court or governmental agency actions, proceedings or investigations, etc. that would or could impair Respondent’s performance under any contract resulting from this IFB, relate to the solicited or similar goods or services, or otherwise be relevant to RRC’s consideration 26.

of the Response. In addition, Respondent represents and warrants that it shall notify RRC in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update RRC shall constitute breach of contract and shall result in immediate termination of any agreement resulting from this IFB.

27. Respondent represents and warrants that Respondent and each of Respondent’s subcontractors have the requisite resources, qualifications, and independence to conduct the services free from outside direction, control, or influence, and subject only to the accomplishment of RRC’s objectives.

28. Respondent represents and warrants that neither Respondent nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, identified in the Response has been convicted of a felony criminal offense, or that if such a conviction has occurred Respondent has fully advised RRC of the facts and circumstances in its Response.

Respondent has read and agrees to all terms and conditions of this IFB, unless Respondent specifically takes an exception and proposes an alternative provision in Respondent’s Response 28.

(see Appendix C RRC Standard Terms and Conditions).

29. Pursuant to Texas Government Code §572.069, Respondent warrants and certifies Respondent will not employ any former state officer or employee, including an RRC officer or employee, who in any manner participated in a procurement process or contract negotiations for RRC 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 and employees whose state service or employment ceased on or after September 1, 2015.

Respondent shall disclose any current or former employees or subcontractors who are current or former employees of the State of Texas and shall disclose their role or position relative to the provision of services under the Contract, as well as their hire or contract date.

Respondent shall also disclose any proposed personnel who are related by marriage or within the second degree of consanguinity to any current or former employees of the State.

Failure to fully disclose the information required under this paragraph shall result in disqualification of Respondent’s Response or termination of the Contract.

30. Respondent represents and warrants that if selected for award of a Contract arising from this IFB, prior to submitting the signed Contract to RRC, Vendor shall comply with Texas Government Code §2252.908, relating to Disclosure of Interested Parties, by accessing the Texas Ethics Commission (“TEC”) portal (ethics.state.tx.us/...form1295), reviewing the instructional video, creating a username and password, and completing and electronically filing with the TEC the “Certificate of Interested Parties”.

31. Respondent certifies that for contracts for services Respondent shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of:

a) All persons employed by Respondent to perform duties within Texas; and

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

c)

If it is determined that Respondent has violated the certification set forth in this section, the (1) Respondent shall be in breach of the Contract, (2) RRC shall have the option to terminate the Contract for cause without prior notice, and (3) in addition to any other rights or remedies available to RRC under the Contract, Respondent shall be responsible for all costs incurred by RRC to obtain substitute services to replace the terminated Contract.

32. Respondent acknowledges and agrees that, to the extent Respondent owes any debt including, but not limited to, delinquent taxes, delinquent student loans, and child support owed to the State of Texas, any payments or other amounts Respondent is otherwise owed under the Contract shall be applied toward any debt Respondent owes the State of Texas until the debt is paid in full. These provisions are effective at any time Respondent owes any such debt or delinquency.

33. In accordance with Texas Government Code §552.372, Respondent agrees to (1) preserve all contracting information related to the Contract as provided by the records retention requirements applicable to RRC for the duration of the Contract, (2) promptly provide to RRC any contracting information related to the Contract that is in the custody or possession of the Respondent on request of RRC, and (3) on termination or expiration of the Contract, either provide at no cost to RRC all contracting information related to the Contract that is in the custody or possession of the Respondent or preserve the contracting information related to the Contract as provided by the records retention requirements applicable to RRC. Except as provided by Texas Government Code §552.374(c), the requirements of Texas Government Code Chapter 552, Subchapter J, shall 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.

34. Pursuant to 34 Texas Administrative Code §20.306, if applicable to the IFB, Respondent claims the preference(s) checked below:

Supplies, materials, or equipment produced in TX or Offered by TX bidder or TX bidder that is owned by a service-disabled veteran Agricultural products produced or grown in TX Agricultural products and services Offered by TX bidders

Rubberized asphalt paving material Foods of Higher Nutritional Value Recycled motor oil and lubricants Products produced at facilities located on formerly contaminated property

USA produced supplies, materials, or equipment

Products and services from economically depressed or blighted areas

Products of persons with mental or physical disabilities

Contractors that meet or exceed air quality standards

Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

Recycled or Reused Computer Equipment of Other

35. Pursuant to Texas Government Code §§2155.004, 2155.006, 2155.0061, and 2261.053, Respondent certifies that the individual or business entity named in this Response is not ineligible to receive the Contract and acknowledges that the Contract shall be terminated, and payment withheld if this certification is inaccurate.

36.

37. Respondent represents and warrants Respondent currently is, and for the Contract term duration shall remain, in compliance with the requirements of 42 U.S.C. Ch. 126, §12101, et. seq., the Americans With Disabilities Act, and its implementing regulations, as each shall be amended.

38. Respondent represents and warrants Respondent currently is, and for the Contract term duration shall remain, in compliance with the applicable provisions of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§8101-8106.) and maintain a drug-free work environment. The final rule, government- wide requirements for drug-free workplace (grants), issued by the Office of Management and Budget (2 C.F.R. Part 182) to implement the provisions of the Drug-Free Workplace Act of 1988 is fully incorporated by reference and shall constitute part of the Contract, and Vendor shall comply with the relevant provisions thereof, including any amendments to the final rule that shall hereafter be issued.

39. Respondent agrees Respondent shall comply with all applicable provisions found within 41 CFR §60-1.4, related to Equal Employment Opportunity. Applicable provisions include, but are not limited to, the following: Vendor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or age. Vendor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or age.

40. Respondent represents and warrants that all articles and services provided by Respondent and Respondent’s subcontractors under the Contract shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15), state, local, and industry related statutes, rules, regulations, and codes.

41. Respondent represents and warrants that Respondent currently is, and for the Contract term duration shall remain, in compliance with all requirements of the Immigration and Nationality Act (8 U.S.C. §1101 et seq.) and all subsequent immigration laws and amendments; additionally, Respondent shall not place any Respondent’s employee at a worksite and Respondent shall not permit any Respondent employee, or any employee of Respondent’s subcontractor to perform any work on behalf of or for the benefit of the State of Texas and/or RRC without first ensuring the employee’s authorization to lawfully work in the United States.

42. Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the U. S. General Services Administration.

43. Respondent represents and warrants that all statements and information prepared and submitted in this document and the Response are current, complete, true, and accurate. Submitting a Response with a false statement, and/or material misrepresentations made during the performance of a Contract, each are a material breach of the Contract and shall void the submitted Response and the resulting Contract.

44.

Authorized representative on behalf of Respondent must complete and sign the following:

Respondent Name Federal Employer Identification Number

Signature of Authorized Representative Date signed

Printed Name & Title of Authorized Representative

APPENDIX C

RRC STANDARD TERMS AND CONDITIONS

RAILROAD COMMISSION OF TEXAS STANDARD TERMS AND CONDITIONS APPLICABLE TO PURCHASES OF GOODS AND SERVICES As used herein, RRC shall mean the Railroad Commission of Texas, and Vendor shall mean the Vendor identified on the RRC Purchase Order for goods and/or services to which these RRC Standard Terms and Conditions is attached or incorporated within by reference.

The following terms and conditions shall be fully incorporated into and constitute part of any offer by Vendor to RRC and any agreement between RRC and Vendor. Vendor shall comply, and Vendor shall require all Vendor’s subcontractors and sub-vendors (if any) to comply with these terms and conditions.

1. CONTRACT SCOPE:

Vendor shall provide the goods and/or services in accordance with the specifications and terms and conditions of this procurement.

2. NO QUANTITY GUARANTEES:

RRC makes no express or implied guarantees or warranties that any specific quantity or dollar amount of products and related services will be procured except as agreed to within the fully executed Contract.

3. DEFINITIONS:

As used throughout the Contract, the following terms have the meaning set forth below:

A. Compliance Check- an audit of Vendor’s compliance with the Contract shall be performed by a third-party auditor, RRC’s internal audit department, RRC’s contract management and/or purchasing staff, or RRC’s authorized designees.

B. Contract - the entire agreement between RRC and Vendor, including all the Contract Documents, into which these Terms and Conditions are incorporated as if fully set forth therein.

C. Contract Documents – includes the fully executed agreement between RRC and Vendor and fully executed amendments thereto (if any), these “Terms and Conditions of the Contract”, specifications, solicitation documents, purchase orders, and any exhibits, appendices, and attachments thereto and incorporated therein through written reference.

D. Day - business days, Monday through Friday, except for State and Federal holidays, unless otherwise specified as calendar days. If the Contract calls for performance on a day that is not a business day, then performance is intended to occur on the next business day.

E. Party – individually either RRC or Vendor; collectively, “Parties”.

F. Purchase Order - RRC’s fiscal form or format used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order, or another authorized instrument.) An RRC Purchase Order shall be considered a Contract or one document of a collective set of Contract Documents that comprise a Contract.

G. State- the State of Texas.

H. Term- means the period during which the Contract remains in force and effect. Extension of the Term shall occur only through written amendment to the Contract, fully executed prior to date of the Contract’s then current Term.

I.

RRC ProdSvcs TC v 2023-0123

4. GENERAL PROVISIONS:

Entire Agreement:

The Contract Documents constitute the entire agreement between RRC and Vendor. No statement, promise, condition, understanding, inducement, or representation, oral or written, expressed or implied, which is not contained in the Contract Documents shall be binding or valid.

Modification of Contract Terms and/or Amendments:

The terms and conditions of the Contract shall govern all transactions between RRC and Vendor under the Contract. The Contract shall be amended only upon written agreement between RRC and Vendor; however, the Contract shall not be amended in a manner that conflicts with the laws of the United States or of the State of Texas.

Invalid Term or Condition:

1. To the extent any term or condition in the Contract conflicts with any applicable State and/or United States law or regulation, such Contract term or condition is void and unenforceable. By executing a contract which contains the conflicting term or condition, RRC makes no representations or warranties regarding the enforceability of such term or condition and RRC does not waive the applicable State and/or United States law or regulation which conflicts with the Contract term or condition.

2. If one or more terms or conditions in the Contract, or the application of any term or condition to a Party or circumstance, is held invalid, unenforceable, or illegal in any respect by a final judgment or order of a court of competent jurisdiction, the remainder of the Contract and the application of the term or condition to a Party or circumstance shall remain valid and in full force and effect.

Assignment:

Vendor shall not assign the Contract or assign, transfer or delegate, in whole or in part, any of its interest in, or rights or obligations under, the Contract without the prior written consent of RRC, and any attempted or purported assignment, transfer or delegation thereof without such consent shall be null and void.

Survival:

All applicable guarantees and warranties for products and services delivered under the Contract shall survive the expiration or termination of the Contract. Rights and obligations under this Contract which by their nature shall survive, including but not limited to any payment obligations invoiced prior to the termination or expiration hereof, obligations of confidentiality, and indemnification will remain in effect after termination or expiration hereof.

Governing Law and Venue:

The laws of the State shall govern the construction and interpretation of the Contract. Exclusive venue for all actions will be in a court of competent jurisdiction, Travis County, Texas. The Parties expressly agree that no provision of the Contract, Exhibits, Appendices, Amendments, or any Purchase Order is in any way intended to constitute a waiver by the State of Texas or by the RRC of any immunities from suit or from liability that the State of Texas or the RRC shall have by operation of law. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses, remedies, or immunities available to the State of Texas and the RRC under this Contract or under applicable law does not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.

RRC Standard T&C Applicable to Goods/Services

RRC ProdSvcs TC v 2023-0123

Limitation of Authority:

Vendor shall have no authority to act for or on behalf of the State of Texas except as expressly provided for in this Contract; no other authority, power, or use is granted or implied. Vendor shall not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the State or RRC.

Proof of Financial Stability:

RRC shall require Vendor to provide proof of financial stability prior to or at any time during the Contract term.

Vendor Identification:

Vendor shall provide Vendor’s Texas Identification Number (TIN) issued by the Texas Comptroller of Public Accounts prior to Vendor issuing its first invoice to RRC.

5. PRODUCT TERMS AND CONDITIONS:

A. Electronic and Information Resources Accessibility Standards, As Required by 1 TAC Chapters 206 and 213 (Applicable to State Agency and Institution of Higher Education Purchases Only):

1. Effective September 1, 2006 state agencies and institutions of higher education shall procure products which comply with the State Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapters 206 and 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

2. Upon request, but not later than thirty (30) calendar days after request, Vendor shall provide RRC with a completed Voluntary Product Accessibility Template (VPAT) of the specified product or a URL to the VPAT for reviewing compliance with the State Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act).

B. Warranties:

Notwithstanding any disclaimers in Vendor’s terms and conditions and notwithstanding any other provision of the Contract to the contrary, Vendor warrants and guarantees that all services will meet all specifications of the Contract.

6. CONTRACT FULFILLMENT:

Use of Access Data Prohibited:

If Vendor stores, collects, or maintains data electronically as a condition of accessing Contract information, such data shall only be used internally by Vendor to implement the Contract and shall not be disseminated to third parties or used for marketing or other purposes unauthorized by RRC.

Orientation Meeting:

At discretion of RRC, an orientation meeting to discuss the content and procedures of the Contract shall be required. In the event of such requirement, Vendor agrees to attendance of such meeting. Orientation meeting shall be scheduled at a mutually agreed time and location; RRC reserves the right to schedule such meeting to be held via telephone or teleconference.

7. PRICING, PURCHASE ORDERS, INVOICES, AND PAYMENTS:

All-inclusive Price:

Unless otherwise noted within the Contract Documents, the purchase price to be paid by RRC to Vendor under this Contract shall include all expenses related to Vendor’s delivery of all goods and/or services required under the Contract.

Tax-Exempt:

As per Section 151.309, Texas Tax Code, purchased by RRC under this Contract are exempt from the assessment of State sales, use and excise taxes. Further, purchases by RRC under this Contract are exempt from Federal Excise Taxes, 26 United States Code Sections 4253(i) and (j).

Purchase Orders:

As applicable, all RRC Purchase Orders will be placed directly with the Vendor. Accurate Purchase Orders not conflicting with the Contract Documents shall be effective and binding upon Vendor when accepted by Vendor.

Invoices:

1. Invoices shall be submitted by the Vendor directly to RRC and shall be issued in compliance with Chapter 2251, Texas Government Code. All payments for products and/or services purchased under the Contract and any provision of acceptance of such products and/or services shall be made by the RRC to Vendor.

2. Invoices must be timely and accurate. Each invoice must match RRC’s Purchase Order and include any written changes that shall apply, as it relates to products, prices, and quantities, as applicable. Invoices must include the RRC’s Purchase Order number or other pertinent information for verification of receipt of the product or services by the RRC.

Payments:

RRC shall comply with Chapter 2251, Texas Government Code, in making payments to Vendor. The statute states that payments for goods and services are due thirty (30) calendar days after the goods are provided, the services completed, or a correct invoice is received, whichever is later. Payment under the Contract shall not foreclose the right to recover wrongful payments.

8. CONTRACT ADMINISTRATION:

Contract Managers:

RRC and Vendor will each provide a dedicated staff member to support the Contract.

1. State Contract Specialist:

RRC shall provide a Contract Specialist or Purchasing Manager whose duties shall include, but not be limited to, i) advising RRC and Vendor of Vendor’s compliance with the terms and conditions of the Contract, ii) periodic verification of product pricing, and iii) verification of monthly reports submitted by Vendor, if required.

Upon execution of the Contract, RRC shall provide Vendor with written notification of the RRC Contract Specialist’s name and contact information.

2. Vendor Contract Manager:

Vendor shall provide a dedicated Contract Manager or designated point of contact whose duties shall include but not be limited to: i) supporting the management of the Contract, ii) facilitating dispute resolution between Vendor and RRC, and iii) advising RRC of Vendor’s performance under the terms and conditions of the Contract. RRC reserves the right to require a change in Vendor’s then-current Contract Manager if the assigned Contract Manager is not, in the reasonable opinion of RRC, adequately serving the needs of the State.

Upon execution of the Contract, Vendor shall provide RRC with written notification of the following: i) Vendor Contract Administrator name and contact information, ii) Vendor sales representative name and contact information, and iii) name and contact information of Vendor personnel responsible for submitting reports (if required under the Contract) and receiving RRC’s payment.

Records and Audit:

1. The State auditor shall conduct an audit or investigation of any entity receiving funds from the State directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the 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, an 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. Vendor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Vendor and the requirement to cooperate is included in any subcontract it awards pertaining to the Contract.

2. Vendor shall maintain adequate records to establish compliance with the Contract until the later of a period of seven (7) years after termination of the Contract or until full, final and unappealable resolution of all Compliance Check or litigation issues that arise under the Contract. Such records shall include per transaction: Vendor’s name, RRC name, invoice date, invoice number, description, part number, manufacturer, quantity, MSRP or list price, unit price, extended price, RRC Purchase Order number, contact name, RRC’s complete billing address, HSP reports, and such other documentation as RRC shall request.

3. Upon reasonable request of RRC, Vendor shall grant access to all paper and electronic records, books, documents, accounting procedures, practices and any…