ESBD_441191_1753827201834_ISSUED IFB 750-24-25-06 Athletic Chartered Travel 25-26 (1).pdf

THE UNIVERSITY OF TEXAS AT TYLER

INVITATION FOR BIDS (IFB)

above:

General Mandatory Disclosure:

Invitation for Bid for the purpose of entering into a purchase arrangement for goods and/or services, as mandated by Federal Statute or Regulation 26 U.S.C.

§§ 3402, 6051, 6103, 6109; 26 C.F.R. §§ 301.6109-1, 301.7701-11 which requires that the social security number be the taxpayer identification number and requires that a person who must file a return, statement, or other document under the Internal Revenue Service Code include the social security number as the taxpayer number (withholding and annual reporting on Forms W-2 and 1099 are included in this requirement).

Additionally, Texas Family Code §§ 231.006, 231.302 requires that the bid or application to provide property, materials, or services to a state agency, or to receive a state funded grant or loan include the name and social security number of the individual, sole proprietor, and each partner, shareholder, or owner with an ownership interest of 25%.

Notice about Information Laws and Practices:

With few exceptions, you are entitled on your request to be informed about the information The University of Texas at Tyler collects about you. Under Sections

552.021 and 552.023 of the Texas Government Code, you are entitled to receive and review the information. Under Section 559.004 of the Texas Government Code, you are entitled to have The University of Texas at Tyler correct information about you that is held by us and that is incorrect, in accordance with the procedures set forth in The University of Texas System Business Procedures Memorandum 32. The information that The University of Texas at Tyler collects will be retained and maintained as required by Texas records retention laws (Section 441.180 et seq. of the Texas Government Code) and rules. Different types of information are kept for different periods of time.

THE UNIVERSITY OF TEXAS AT TYLER (UNIVERSITY) IS SEEKING COMPETITIVE SEALED BIDS FOR CHARTERED

TRANSPORTATION FOR UNIVERSIT

THIS SOLICITATION.

SUBMITT AL DUE 4:00 pm August 13, 2025

Invitation For Bid 750 24/25-06

FAILURE TO SIGN WILL DISQUALIFY BID

AUTHORIZED SIGNATURE DATE

Send invoice to:

The University of Texas at Tyler University Athletics Department Attention: Diana Darnell 3040 Alumni Circle Dr.

Tyler, Texas 75799

Ship to:

The University of Texas at Tyler

PHY108

Central Receiving 3201 Old Glory Rd.

Tyler, Texas 75799

Check below if preference claimed under Rule 1 TAC 113.8 ( _ ) Supplies, materials, equipment, or services produced in TX/0ffered by TX

Bidders* ( _ ) Agricultural products produced or grown in TX ( _ ) Agricultural products and services offered by TX Bidders* ( _ ) 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

The Texas ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If this number is not known, complete the following:

Enter Federal Employer's Identification Number or Sole owner should also enter Social Security Number

AWARD NOTICE: The University reserves the right to make an award on the basis of low line bid, low total of lines, or in any other combination that will serve the best interest of the University and to reject any and all bids in the sole discretion of the University.

BIDDER AGREES TO

COMPLY WITH ALL

CONDITIONS TO THIS IFB

*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 Rule 1 TAC 113.2.

ALL BIDS MUST BE SUBMITTED USING THE UT TYLER BONFIRE

INTERACTIVE ONLINE PORTAL WHICH CAN BE ACCESSED

THROUGH PROCURMENT SERVICES WEBSITE:

https://www.uttyler.edu/procurement-services/vendor-information/bonfire-interactive/

BIDS MUST BE RECEIVED BY THE PROCUREMENT DEPT. NO

LATER THAN THE DUE DATE AND TIME SPECIFIED ABOVE.

COMPANY NAME____________________________________

ADDRESS___________________________________________

CITY, STATE, ZIP __________________________________

PHONE NUMBER ___________________________________

CONTACT NAME ___________________________________

EMAIL ADDRESS ___________________________________

Tyler, Texas 75799

IFB NO. 750-24/25 -06

SECTION 1 - INTRODUCTION

1.1 Description of The University of Texas at Tyler

With a mission to improve educational and healthcare outcomes for East Texas and beyond, the University of Texas at Tyler (UT Tyler) offers more than 80 undergraduate and graduate programs to 10,000 students. UT Tyler recently merged with The University of Texas Health Science Center at Tyler, now known as the UT Tyler Health Science Center (UTTHSC). Through its alignment with the UTTHSC and UT Health East Texas, UT Tyler has unified these entities to serve Texas with quality education, cutting-edge research and excellent patient care. Classified by Carnegie as a doctoral research institution and by U.S. News & World Report as a national university, UT Tyler has campuses in Tyler, Longview, Palestine and Houston.

1.2 Objective

letic Department.

SECTION 2 NOTICE TO BIDDERS

2.1 University Contact

to respond to any question. Deadline for questions/clarification is Wednesday, August, 06, 2025, 4:00P.M.

Questions concerning bid opportunity should be directed through UT Tyler Bonfire Interactive Online Portal:

Bidder that does not use the online portal for questions and contacts university staff directly

2.2 Bid Submittal Deadline

2.2.1 University will accept bids until 4:00P.M Wednesday, August 13, 2025, An original signature by an authorized officer of Proposer must appear on the Invitation for Bid Coversheet.

2.3 Public Information

University considers all information, documentation, and other materials requested to be submitted in response to this IFB to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the award of the contract under this IFB.

Bidder is hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General related to the disclosure of bid information.

2.4 Type of Contract

Any Contract awarded as a result of this solicitation shall be in the form of the attached Sample Agreement (IFB-Attachment B) and issued to the successful Bidder (hereinafter referred to as beginning upon execution of the contract and expire on August 31, 2026

2.5 Bid Validity Period

Each bid shall of sixty (60) days after the Submittal Deadline to allow time for any unforeseen delays.

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2.6 Submittal Checklist and Instructions

Bidders are instructed to complete, sign and return the following documents and information as a part of their bid submittal.

Failure to return these documents and provide proper information may subject your bid to disqualification.

1. Invitation for Bid Coversheet, Completed and Signed.

2. Specification and Pricing Schedule (Attachment A)

3. COVID-19 Risk Mitigation and Sanitation Plan

4. Evidence of Insurability

5. Payment Terms;

6. Any Exceptions to Terms and Conditions roposers are prohibited from making any alterations, modifications, or revisions to the Pricing Schedule spreadsheet (Attachment A) provided. Bid proposal alterations will subject proposers to rejection for non-compliance.

An original signature by an authorized officer of Proposer must appear on the Invitation for Bid Coversheet.

2.7 Funding Out

THIS CONTRACT IS SUBJECT TO CANCELLATION, EITHER IN PART OR WHOLE, IF FUNDS ARE NOT APPROPRIATED BY THE TEXAS LEGISLATURE, OR OTHERWISE MADE AVAILABLE TO UNIVERSITY. BIDDER ACKNOWLEDGES THAT APPROPRIATION, ALLOTMENT, AND ALLOCATION OF FUNDS ARE BEYOND THE CONTROL OF UNIVERSITY.

2.8 Insurance

Contractor, consistent with its status as an independent contractor will carry and will cause its subcontractors to carry, at least the following insurance, with insurance companies authorized to do business in the State of Texas or an eligible surplus lines insurer operating in accordance with the Texas Insurance Code, having an A.M. Best Rating of A- VII or better, and in amounts listed below:

$1,000,000:

Employers Liability - Each Accident $1,000,000 Employers Liability - Each Employee $1,000,000 Employers Liability - Policy Limit $1,000,000 in which work is to be performed for University.

forms of insurance shall be permitted;

following additional coverage:

Commercial General Liability Insurance with limits of not less than:

Each Occurrence Limit $5,000,000 Medical Expenses (any one person) $30,000 Personal & Advertising Injury $5,000,000 General Aggregate $5,000,000

Business Automobile Liability with limits of not less than:

$1,000,000 single limit any one accident, covering all owned, non-owned or hired vehicles.

For Charter and Direct Carriers operating vehicles or buses with a seating capacity of 16 passengers or more the General Liability requirements are as follows:

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Commercial General Liability Insurance with limits of not less than:

Each Occurrence Limit $5,000,000 Medical Expenses (any one person) $30,000 Personal & Advertising Injury $1,000,000 General Aggregate $5,000,000;

Business Auto Liability with limits of not less than:

$5,000,000 single limit any one accident, covering all owned, non-owned or hired vehicles per the Code of Federal Regulations (CFR) 49, Subtitle B, Section 387.33, Financial responsibility, minimum levels.

Business auto liability coverage shall not exclude passengers.

For Charter and Direct Carriers operating vehicles or buses with a seating capacity of 15 or less passengers the General Liability requirements are as follows:

Commercial General Liability Insurance with limits of not less than:

Each Occurrence Limit $2,500,000 Medical Expenses (any one person) $10,000 Personal & Advertising Injury $1,000,000 General Aggregate $4,000,000

Business Auto Liability with limits of not less than:

$5,500,000 single limit any one accident, covering all owned, non-owned or hired vehicles per the Code of Federal Regulations (CFR) 49, Subtitle B, Section 387.33, Financial responsibility, minimum levels.

Business auto liability coverage shall not exclude passengers.

The following language should be included below the insurance limits requirements of all transportation contracts:

If limits are not met in the primary insurance contracts, Umbrella/Excess Liability Insurance may be used to achieve the minimum limits required above. Umbrella/Excess Liability policy shall be written with limits of not less than what is required including coverage described above. Inception and expiration dates will be the same as the underlying policies.

Charter and Direct Carrier Contractors shall provide an all risk physical damage policy on their buses, naming The University of Texas System Board of Regents, The University of Texas System, The University of Texas at Tyler, and The University of Texas Health Science Center at Tyler; their respective affiliated enterprises, officers, directors, employees, representatives, and agents as additional insured under the policy and provide The Board of Regents of the University of Texas System; their respective affiliated enterprises, officers, directors, employees, representatives, and agents with a waiver of subrogation and a Primary and Non-Contributory Clause.

Contractor will deliver to University:

Evidence of insurance on a Texas Department of Insurance approved certificate (Acord 25 and 101) verifying the existence of all insurance after the execution and delivery of this agreement and prior to the performance or continued performance of any services to be performed by the Contractor under this agreement.

Additional evidence of insurance on a Texas Department of Insurance approved certificate verifying the continued existence of all insurance not more than (30) days after the expiration of any insu

The University of Texas System Board of Regents, The University of Texas System, The University of Texas at Tyler, and The University of Texas Health Science Center at Tyler as an Additional Insured. All policies will be endorsed to provide a waiver of subrogation in favor of University. All policies with the to provide primary and non-contributory coverage. No policy shall be canceled until after thirty (30) days' unconditional written notice to University.

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2.8.1 Certificates of Insurance

Certificates of Insurance and Additional Insured Endorsements as required by this Agreement will be mailed, faxed, or emailed to the following University contact:

Chris Kinsey, Risk and Claims Analyst The University of Texas at Tyler Risk Management, STE 343 3900 University Boulevard Tyler, TX 75799 Email Address: riskmanagement@uttyler.edu or ckinsey@uttyler.edu

2.8.2 Primary Insurance

o any insurance carried or self-insurance program established by has been fully performed and accepted by University in writing.

2.9 IFB Evaluation Criteria

The successful Bidder, if any, selected by University in accordance with the requirements and specifications set forth in this IFB will be the Bidder that submits a response to this IFB on or before the Submittal Deadline that is the most advantageous to University.

Bidder is encouraged to propose terms and conditions offering the maximum benefit to University in terms of (1) services to University and (2) total overall cost to University. Bidders should describe all educational, state and local government discounts, as well as any other applicable discounts that may be available to University in a resulting contract.

An evaluation team from the University will evaluate bid responses. The evaluation of bids and the selection of the Contractor will be based on the information provided by Bidder in its bid. University may give consideration to additional information if University deems such information relevant.

Bidders shall carefully read the information contained in this IFB and submit a complete response to all requirements and questions as directed. Incomplete bids will be considered non-responsive and subject to rejection.

The criteria to be considered by University in evaluating bid responses and selecting the successful Bidder will o the university. In determining the best value the following shall be considered.

1. the impact on the ability of the institution to comply with laws and rules relating to the procurement of goods and services from persons with disabilities (WorkQuest);

2. the purchase price;

3. the reputation of the vendor and of the vendor's goods or services;

4. the quality of the vendor's goods or services;

5. the extent to which the goods or services meet the institution's needs;

6. the vendor's past relationship with the institution;

7. the impact on the ability of the institution to comply with laws and rules relating to Historically Underutilized Businesses;

8. the total long-term cost to the institution of acquiring the vendor's goods or services;

9. any other relevant factor that a private business entity would consider in selecting a vendor; and

10. the use of material in construction or repair to real property that is not proprietary to a single vendor unless the institut ion provides written justification in the request for bids for use of the unique material specified.

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SECTION 3 PAYMENTS

3.1 Lodging and Fuel Surcharge

addition to the stated trip charge. In the event that more than one driver is required by law due to the distance and duration of the trip University shall pay Contractor for additional single hotel room(s) as necessary to accommodate the additional driver(s).

In the event that scheduled trips involve two (2) or more days of travel, and/or a distance of 300 miles or more round trip, University rice of diesel or gasoline

INCREASES more than twenty-five cents ($.25) per gallon over the benchmark rate for the Gulf Coast area (for the date of travel) as posted in the Weekly Report of the Energy Information Administration of the US Department of Energy website:

https://www.eia.gov/petroleum/gasdiesel/

The FSC shall be determined based upon the following formulas: (Price and mileage are examples)

A. Fuel not exceeding $3.506 per gallon: (round trip miles/miles per gallon) X (current fuel price less the price at time of proposed trip).

B. Fuel exceeding $3.506 per gallon: Miles/eight (8) MPG x cost over $3.506 per gallon.

iesel or gasoline DECREASES more than twenty-five cents ($.25) per gallon for the Gulf Coast area as posted in the Weekly Report of the Energy Information Administration of the US Department of Energy website (for the date of travel). The amount of the Fuel

$3.506 per gallon.

3.2 Payment Terms

The University is exempt from State of Texas Sales Tax and Federal Excise Tax under Texas Tax Code, Section 151.309. Tax Exemption Certificate furnished on request. Vendor shall submit an itemized invoice showing purchase order number and a valid vendor ID number. Service will be considered received by University upon final acceptance by end user.

Net 30 days _________%

Net 15 days _________%

Net 10 days _________%

Other _________

Bidder may offer additional payment term options and discounts for University to consider.

Please provide response for payment terms and discounts in Bonfire Interactive web portal, as specified by bid announcement. If bidder payment term option is not clearly

SECTION 4 SPECIFICATIONS AND PRICING

4.1 Bid Requirements

meets the requirements in this IFB and the minimum specifications stated in this section. The successful Bidder shall furnish services for the University of Texas at Tyler Athletic Department in accordance with the terms and conditions of the contract, as

IFB NO. 750-24/25 -06

indicated in Sample Agreement (Attachment B). University reserves the right to award to one or more bidders to best serve the interest of the University. There is no guarantee of an award of a contract as a result of this Bid process.

4.2 Specification and Pricing Schedule

Specification and Pricing Schedule - ATTACHMENT A is to be downloaded and submitted using Bonfire Interactive Web Portal.

An Itinerary with trip details is included separately with IFB document and is for reference purposes only.

4.3 Scope of Work

The University of Texas at Tyler is seeking a qualified vendor or vendors to provide Athletic Department.

The Successful Vendor shall provide the requested capacity size vehicle for each athletic sporting event destination on the specified dates listed in this Invitation For Bid (IFB), Bid Invitation Cost Form.

Bidders should include in their written bid all requirements, terms or conditions they may have and should not assume that an opportunity will exist to add such matters after the bid has been submitted. Unacceptable terms and conditions added by the bidder may cause the University to reject the bid.

If Bidder takes exception to any terms or conditions set forth in this IFB or Sample Agreement, Bidder will submit a list of niversity and may result in the bid.

Response(s) should consist of ONLY the requested information in this IFB.

If services outlined in your bid will be out-sourced to another service provider, clearly designate this in your bid response.

Responses related to the outsourced service must relate to the company actually providing the service.

Contractor shall ensure that the total number of passengers in any vehicle at any time it is in operation shall not exceed specified in applicable Federal or State law or regulations, whichever is lower.

Contractor shall ensure that seat belts or other approved safety restraint devices required by law or regulation are in safe, serviceable condition and available for use at all times when the vehicle is in operation. Contractor shall ensure that the vehicle operator briefs the passengers regarding this requirement prior to beginning the trip.

Contractor shall ensure that operators of motor vehicles shall comply with all laws, regulations, and posted signs regarding speed and traffic control and shall not operate the vehicle for a continuous period that is longer than the maximum provided by Federal or State law or regulations or guidelines promulgated by the component institution, whichever is lower, without scheduled rest stops or overnight stops.

Contractor shall ensure that each motor vehicle has a current proof of liability insurance card evidencing coverage in the minimum amounts specified in the Insurance section of the IFB Section 2.8. Contractor shall ensure that all State inspection certifications are current, and that all vehicles are equipped with safety devices or equipment required by Federal or State law or regulation, and comply with all other applicable requirements of Federal or State law or regulations.

vehicle in use and be trained as required by law to drive the vehicle that will be used.

SECTION 5 COVID-19 RISK MITIGATION AND SANITATION PLAN

Bidder must submit a Risk Mitigation and Sanitation Plan (Plan) for the prevention of COVID-19 transmission as part of their proposal. The Plan is expected to address relevant National Collegiate Athletic Association (NCAA) guidelines and will be evaluated with respect to standards and considered in determining overall best value. The following links contain NCAA guidance concerning travel parties:

IFB NO. 750-24/25 -06

https://www.ncaa.org/sport-science-institute/resocialization-collegiate-sport-checklist https://www.ncaa.org/sport-science-institute/covid-19-guidance-multiple-teams-same-location

SECTION 6 BIDDING REQUIREMENTS

6.1 Bidders must comply with requirements set forth in this IFB, including all applicable rules, regulations and statutes of the State of Texas.

6.2 Bids should be submitted on the UT Tyler Bonfire Interactive Online Portal. Bidders must price per unit shown. After Bid Table is downloaded, bidder will need to select Bid or No Bid for each row and fill in Unit Price as appropriate.

6.3 Bids will be time stamped upon submission through the UT Tyler Bonfire Interactive Online Portal.

6.4 Late, incomplete, and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

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

6.6 Bid prices are requested to be firm for University acceptance for sixty (60) days from bid opening date unless otherwise stated. "Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

6.7 Bidder should enter Texas Identification Number System (TINS) number, full firm name and address of Bidder on the face of this form. Enter in the space provided, if not shown.

6.8 Bid cannot be altered or amended after submission due date unless additional information is specifically requested by the University. No bid can be withdrawn after opening time without approval by UNIVERSITY based on an acceptable written reason.

6.9 Purchases made for State use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

6.10 AWARD NOTICE: University reserves the right to make an award on the basis of low line bid, low total of lines, or in any other combination that will serve the best interest of University and to reject any and all bids at the sole discretion of University. University also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of University. Any contract may also be extended up to three months at the sole discretion of University.

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

6.12 Inquiries pertaining to this IFB must include the requisition number and opening date.

SECTION 7 SPECIFICATION(S)

7.1 Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under §2155.067, Texas Government Code (Gov't Code). If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are to be made part of the bid. Failure to take exception to specifications or reference data will require Bidder to furnish specified brand names, numbers, etc.

7.2 Unless otherwise specified, shall be new and unused and of current production.

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

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

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

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

SECTION 8 - TIE BIDS

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

SECTION 9 DELIVERY

9.1 Show number of days required to place material in receiving agency's designated location under normal conditions.

Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

9.2 If delay is foreseen, Bidder shall give written notice to University. Bidder must keep University advised at all times of status of order.

9.3 Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes University to purchase the goods or services of this IFB elsewhere and charge any increased costs for the goods or services, including the cost of rebidding, to the Bidder.

9.4 No substitutions permitted without the written approval of University.

9.5 Delivery shall be made utilizing the UT Tyler Bonfire Interactive Web Portal as indicated in this IFB.

SECTION 10 - INSPECTION AND TESTS

All goods will be subject to inspection and testing by University. Authorized University personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the Bidder in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at University be returned to the Bidder or held for disposition at Bidder's expense. Latent defects may result in revocation of acceptance.

SECTION 11 - AWARD OF CONTRACT

A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until an agreement is executed with signatures of both parties. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in §§2155.074, 2155.144, 2156.007, and 2157.003, Gov't Code, shall also be considered in making an award when specified. Any legal actions must be filed in Smith County, Texas.

SECTION 12 - PAYMENT

Contractor shall submit an itemized invoice showing University University will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice.

Payment shall be made in accordance with Chapter 2251, Gov't Code.

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SECTION 13 - PATENTS, TRADEMARKS, OR COPYRIGHTS

Bidder agrees to defend and indemnify University from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of University Bidder as a result of this IFB.

SECTION 14 - BIDDER ASSIGNMENTS

Bidder hereby assigns to University any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Comm. Code §15.01, et seq.

SECTION 15 - BIDDER AFFIRMATIONS

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

15.1 The Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

15.2 Pursuant to 15 U.S.C. §1, et seq. and Tex. Bus. & Comm. Code §15.01, et seq. neither the Bidder nor the firm, corporation, partnership, or institution represented by the Bidder, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

15.3 Pursuant to §2155.004, Gov't Code, neither the Bidder nor any person or entity which will participate financially in any contract resulting from this IFB has received compensation for participation in the preparation of the specifications for this

IFB.

15.4 Pursuant to §231.006(d), Texas Family Code, regarding child support, the Bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any Bidder subject to §231.006, Gov't Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award. Enter the Name & Social Security Numbers for each person below:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

15.5 Under §2155.004, Gov't Code, the Bidder certifies that the individual or business entity named in this bid or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. §2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

15.6 As required by §2252.903, Gov't Code, Bidder agrees that any payments due under a contract resulting from this IFB shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by University under §§403.055, 403.0551, 2252.903, Gov't Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

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15.7 Pursuant to §669.003, Gov't Code, University may not enter into a contract with a person who employs a current or former executive head of the University until four years has passed since that person was the executive head of the University.

By submitting a bid, the Bidder certifies that it does not employ any person who was the executive head of University in the past four years. If Bidder does employ a person who was the executive head of University, provide the following information:

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Bidder:

Date of Employment with Bidder:

15.8 In accordance with §2155.4441, Gov't Code, Bidder agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

15.9 Bidder certifies that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Bidder is in compliance with the State of Texas statutes and rules relating to procurement and that Bidder is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov/content/exclusions.

15.10 Sections 2155.006 and 2261.053, Gov't Code, prohibit state agencies from awarding contracts to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.004, Gov't Code, occurring after September 24, 2005. Under §2155.006, Gov't Code, Bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

15.11 Bidder represents and warrants that payment to the Bidder and the Bidder any contract resulting from this IFB are not prohibited by §556.005 or §556.008, Gov't Code, relating to the prohibition of using state funds for lobbying activities.

15.12 Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested services to University under the IFB and any resulting contract, if any, and that Bidder requested services under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety.

SECTION 16 - NOTE TO BIDDER

If Bidder takes any exceptions to any provisions of the IFB, these exceptions must be specifically and clearly identified by section in Bidder Bidder Bidders cannot take a

Bidder alternative language, the Bidder

SECTION 17 - PROTEST PROCEDURES

Any actual or prospective Bidder who is aggrieved in connection with this IFB, evaluation, or award of any contract resulting from this IFB may formally protest as provided in State rules at 34 TAC Rule 20.384.

SECTION 18 BREACH OF CONTRACT CLAIMS

The dispute resolution process provided for in Chapter 2260, Gov't Code must be used by University and the Contractor to attempt to resolve any dispute arising under any contract resulting from this IFB.

IFB NO. 750-24/25 -06

SECTION 19 - NON-APPROPRIATION OF FUNDS

Any contract resulting from this IFB is subject to termination or cancellation, without penalty to University, either in whole or in part, subject to the availability of state funds. University is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If University becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render University Contractor unnecessary, the contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, University will not be liable to Bidder for any damages, which are caused or associated with such termination, or cancellation and University will not be required to give prior notice.

SECTION 20 - TEXAS PUBLIC INFORMATION ACT:

Notwithstanding any provisions of this IFB to the contrary, Bidder understands that University will comply with the Texas Public Information Act (Chapter 552, Gov't Code) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. Within three (3) days of receipt, Bidder will refer to University any third party requests, received directly by Bidder, for information to which Bidder has access as a result of or in the course of performance under any contract resulting from this IFB. Any part of the solicitation response that is of a confidential or proprietary nature must be clearly and prominently marked as such by the Bidder.

SECTION 21 - CONFLICT OF INTEREST

Under §2155.003, Gov't Code, a University employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in Section 1.2 of the State of Texas Procurement Manual, which outlines the ethical standards required of public purchasers, employees, and Bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of University or purchasers of other state agencies.

SECTION 22 - FORCE MAJEURE

Neither Bidder nor University shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this IFB caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

SECTION 23 - INDEPENDENT CONTRACTOR

Bidder selected for award is and shall remain an independent contractor in relationship to University. University shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against University for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

SECTION 24 - INDEMNIFICATION

BIDDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND UNIVERSITY, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL

IFB NO. 750-24/25 -06

CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT

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ANY ACTS OR OMISSIONS OF BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT WITH BIDDER RESULTING FROM THIS IFB. BIDDER SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY UNIVERSITY. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE BIDDER TO INDEMNIFY OR HOLD HARMLESS THE STATE OR UNIVERSITY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS

OR OMISSIONS OF UNIVERSITY OR ITS EMPLOYEES.

SECTION 25 - RIGHT TO AUDIT

In addition to and without limitation on the other audit provisions of this IFB, pursuant to §2262.003, Texas Government Code, the state auditor may conduct an audit or investigation of the Contractor or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the Contractor 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 Contractor 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. This IFB or any contract resulting from this IFB may be amended unilaterally by University to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.003, Texas Government Code. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Conractor and the requirement to cooperate is included in any subcontract it awards.

SECTION 26 DETERMINATION OF HUB SUBCONTRACTING OPPORTUNITIES

University of Texas at Tyler has determined that subcontracting opportunities are not probable under this contract/purchase order. Therefore, a State of Texas HUB Subcontracting Plan (HSP) is not required with the response to the bid requisition (solicitation).

LIST OF ATTACHMENTS:

IFB ATTACHMENT A Specifications / Pricing Schedule (To be downloaded and submitted using Bonfire Interactive Web Portal; An itinerary with trip details is provided separately for reference purposes only)

IFB Attachment B Sample Agreement