ESBD_441631_1753968733389_RFP 0004145-_Doors_Coiling_Grilles_Barriers_and_Dock_Levelers_Final.docx

Texas Facilities Commission P.O. Box 13047 Austin, Texas 78711-3047

REQUEST FOR PROPOSALS

Doors, Coiling Grilles, Turnstiles, Vehicle Barriers, and Dock Levelers

RFP # 0004145 A

Dated: July 31, 2025

Proposal Due Date / Opening: August ,2025, 3:00 PM

Table of Contents

ATTACHMENT J - AP-152 Form, Comptrollers Application for TX Identification Number…..…30

RFP 0004145

Doors, Coiling Grilles, Turnstiles, Vehicle Barriers, and Dock Levelers

1.

2. SCOPE: Pursuant to Texas Government Code Section 2165.001, Custodianship of State Property, and Section 2156.121, Use of Competitive Sealed Proposals, the Texas Facilities Commission is requesting responses to this Request for Proposal for the provision of repair, installation, and maintenance of Doors (wood, glass, metal fire rated, automated and non-automated swing and slider doors), Hatches, Gate Operators, Parking Toll Equipment, Coiling Grilles, Turnstiles, Vehicle Barriers, Dock Levelers and locksmithing services in various facilities managed by the Texas Facilities Commission throughout Texas with most services taking place in Austin, Texas. TFC anticipates award to multiple vendors from this solicitation.

A) The Contractor must be available on a continuous twenty four (24) hour basis including holidays and weekends.

B) See Attachment A – Services Contract for full scope of work.

3. CONTRACT TERM: It is the intention of TFC to award a contract(s) for this service.

A) This service shall be for a period beginning on the date the contract, as defined below, is executed by both parties, and shall expire on August 31, 2027.

B) The contract may be renewed for one (1) additional two (2) year period, provided the renewal is executed prior to expiration of the current contract term.

C) Any extension or renewal of this Contract shall be implemented by an amendment to the Contract signed by both parties and shall be subject to the provisions, terms and conditions of this Contract to include any TFC approved changes.

D) TFC may request an extension not to exceed three (3) months for the purposes of re solicitation and for no other purpose.

4. AGENCY POINT OF CONTACT: The contact listed below shall be the sole point of contact during this solicitation. Any discussions regarding this solicitation with other agency personnel or TFC contractors, or sub-contractors may be grounds for disqualification.

A) Primary Contact:

1) Purchaser Name: Omar Casas, CTCD, CTCM

2) Purchaser Phone: (512) 463-1861

3) Purchaser Email: omar.casas@tfc.texas.gov

B) Secondary Contact:

1) Purchaser Name: James Gonzalez, CTCD, CTCM

2) Purchaser Phone: (512) 936-0647

3) Purchaser Email: james.gonzalez@tfc.texas.gov

5. DEFINITIONS: The following definitions apply to this Request for Proposal (RFP):

6. SCHEDULE OF EVENTS: TFC reserves the right to change the dates in the Schedule of Events set forth below upon written notification to prospective Respondents through a posting of an addendum on the A) The solicitation process for this RFP will proceed according to the following schedule:

Mandatory Pre-Proposal Tele-Conferences

(Respondents are required to attend only one of the scheduled meetings) PPC 1, Thursday August 7, 2025, 1:00 PM PPC 2, Friday August 8, 2025, 1:00 PM

1) MANDATORY PRE-PROPOSAL TELE-CONFERENCES: The mandatory pre-submittal conferences will be held on Thursday, 08/07/2025, 1:00 PM and Friday, 08/08/2025, 1:00 PM. Pre-registration is required to participate in the teleconference. Respondents must have an employee of their firm attend at least one (1) of the two (2) scheduled pre-submittal teleconferences. TFC shall reject submittals submitted by firms that did not attend one of the mandatory pre-submittal conferences.

1) Pre-registration for the pre-proposal tele-conferences is required. Register for the tele-conferences at the links below:

PPC 1: https://us02web.zoom.us/meeting/register/yLHNQzprQ76MOVd9ik0Isw

PPC 2: https://us02web.zoom.us/meeting/register/ZFwlcg2TQUW5jLpxf2c27w

7. PROPOSAL REQUIREMENTS:

A) SUBMISSION REQUIREMENTS:

1) Electronic Submission: TFC is using the electronic procurement system Bonfire. Respondents interested in submitting a response must register for a Bonfire account (No Charge). Proposals shall be uploaded per the instructions in Attachment I – Bonfire Submission Instructions prior to 3:00 PM on the date specified in the Schedule of Events through TFC’s Bonfire portal at: http://tfcstate.bonfirehub.com . In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the portal. We recommend beginning the upload process one (1) day prior to deadline date. Facsimile and email proposals are not acceptable responses to this RFP.

2) HUB Subcontracting Plan (HSP) Submission: TFC is using the HUB Compliance Reporting System (B2G) as a resource tool to accept the HSP online. Respondents must register for a B2G account (No Charge). The HSP must be submitted through TFC’s HUB Compliance Reporting System (B2G) at: http://tfc.gob2g.com, B2G Access Code: 2308394194. See Attachment C – HUB Compliance Reporting System – Online Process Guide for instructions on how to submit the HSP.

3) Required Documents: Respondents shall submit upload each of the following packages:

(1) Package 1 – Required Documentation:

(a) Attachment B – Execution of Proposal;

(b) Litigation History; and

(c) Addenda Acknowledgement (Signed signature block for each issued addenda)

(d) Attachment J – AP-152 Form, Comptrollers Application for Texas Identification Number

(2) Package 2 – Scored Evaluation Materials: Should contain the following documents.

(a) Relevant Experience and Qualifications;

(b) Attachment F – Contractor’s Qualifications Form;

(c) Proposed Methodology; and

(d) Quality Control and Safety Programs.

(3) Package 3 – Attachment D – Compensation and Fees

(4) Online submission of HSP through HUB Compliance Reporting System (B2G)

4) File Formats Allowed: Unless specified elsewhere, all submitted documents shall be in Adobe Acrobat (.PDF) format, version 9.0 or higher.

5) File Organization: If combining files in packages, pages should be numbered and contain an organized table of contents corresponding to each section.

6) COSTS: Respondents to this RFP are responsible for all costs of proposal preparation and delivery and any costs associated with interview.

B) PUBLIC INFORMATION: TFC will not consider any proposal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the TGC (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submission, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14 point font, on the specific part or page of the submission which Respondent believes to be confidential. Respondents should also include in the filename the word “CONFIDENTIAL”. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act. Note that pricing is not considered confidential under the Texas Public Information Act. Upon award, a full tabulation that includes all submitted pricing and scores will be distributed to all Respondents. Do not mark your entire submission as “Confidential”.

C) TFC will not consider any exceptions and/or requests for modification to the proposed contract that are submitted after the date and time for submission of Respondents’ questions. Exceptions and/or requests submitted after this date cannot be considered as they create a possibility for a protest, which would delay award and execution. Respondent shall refer to the Instructions to Respondents (typically found at the front of the Contract Template) to determine which provisions are not negotiable.

D) CONTENTS: Listed below is a summary of all information to be included in a proposal submitted in response to this RFP. Proposals submitted without all the required information may be rejected. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State of Texas. Proposals that fail to submit the Attachment B – Execution of Proposal, HUB Subcontracting Plan, Attachment D – Compensation and Fees, or Attachment F – Contractor’s Qualification Form shall be disqualified.

1) Company Information: <Pass/Fail> Including, but not limited to the following:

(1) Company description.

(2) Ownership information.

(3) Physical and Mailing addresses.

(4) Other company locations/offices.

(5) Primary contact.

(6) Office and mobile telephone numbers, and email of primary contact.

(7) 11-Digit State of Texas Taxpayer Vendor Identification Number.

(8) Indicate if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specific date(s). details, circumstances, and prospects for resolution.

(9) Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity? If so, explain the impact both in organization and company direction.

(10) Indicate if your company has ever failed to complete a project or had a contract terminated for default or convenience. If yes, provide explanation.

(11) Indicate if your company has had a contract terminated for default or convenience within the past five (5) years. If so, explain the circumstances and resolution.

2) RELEVANT EXPERIENCE AND QUALIFICATIONS: <25 pts.>

(1) Complete and submit Attachment F – Contractor’s Qualifications Form.

(2) The following minimum requirements are required of Respondents:

(a) Out of state Respondent’s doing business in the State of Texas shall have a Certificate of Authority to do business in Texas, a copy of which shall be submitted with the proposal;

3) PROPOSED METHODOLOGY: <20 pts.> A detailed plan outlining the processes of implementation regarding the requirements of the contract. This shall include, but not be limited to:

(1) Complete and submit Attachment F – Contractor’s Qualifications Form.

4) QUALITY & SAFETY PROGRAM: <5 pts.>

(1) Complete and submit Attachment F – Contractor’s Qualifications Form.

(2) Respondent shall provide its workers' compensation experience modification rate (EMR) for the last five (5) years. This shall be included in the proposal on the insurance broker’s letterhead.

5) ATTACHMENT D - COMPENSATION AND FEES: <50 pts.> Include pricing on the Attachment D – Compensation and Fees. Respondent may not add qualifications, conditions, exceptions, variations or additional items to the proposal, or otherwise modify the pricing structure of the RFP in any manner. Any such modifications will not be considered and may be cause for rejection of the proposal, at the full and sole discretion of TFC.

6) ATTACHMENT B - EXECUTION OF PROPOSAL: The Attachment B – Execution of Proposal shall be completed as directed, signed by the individual or an authorized agent of the business entity submitting the proposal, and returned with the proposal. Failure to sign where indicated will result in disqualification of proposal.

7) ADDENDA ACKNOWLEDGEMENT: Respondents should acknowledge receipt of all addenda to this RFP by returning a signed copy of each addendum with the submitted proposal.

8) REFERENCES: <Pass/Fail> Include a minimum of three (3) references from clients for whom similar services were performed or products were provided. Include project description, contact names, position, company name, telephone number, and email address for each reference listed. Submit your references on the Attachment F – Contractor’s Qualification Form.

9) LITIGATION HISTORY: <Pass/Fail>

(1) Provide details of all litigation history, including but not limited to administrative claims and proceedings and arbitration within the past five (5) years.

(2) Respondents involved in litigation, depending upon the circumstances of the litigation, may be disqualified at the sole discretion of TFC.

10) INSURANCE: Prior to the commencement of work under this Contract, Vendor agrees to carry and maintain insurance in the types and amounts required during the term of the contract, to furnish certificates of insurance including corresponding policy endorsements, and make available, at no cost to TFC, copies of policy declaration pages as evidence thereof, if requested. Any questions concerning insurance requirements may be submitted TFC’s Insurance Analyst by email to: insurance@tfc.state.tx.us.

11) HUB SUBCONTRACTING PLAN: In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), the TFC shall make a Good Faith Effort to utilize HUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following HUB utilization goals as specified in 34 TAC § 20.284:

· 11.2% for heavy construction other than building contracts,

· 21.1% for all building construction,

· 32.9% for all special trade construction contracts,

· 23.7% for professional services contracts,

· 26.0% for all other services contracts, and

· 21.1% for commodities contracts

(1) Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Submittal. The awarded Respondent shall develop and administer an HSP as a part of the Respondent's Contact. Failure to complete and submit the HUB Subcontracting Plan shall result in rejection of the response.

(2) As mandated by 34 TAC § 20.285 Respondents must submit a HUB Subcontracting Plan that identifies all subcontracting items and complies with good faith effort requirements of the HSP, and in accordance with the Comptroller of Public Accounts HUB rules 34 TAC§20.285(d).

(3) Pursuant to TGC § 2161.252(B), the Texas Facilities Commission shall reject any response that does not include a fully completed HUB Subcontracting Plan. An incomplete HUB Subcontracting Plan is considered a material failure to comply with the solicitation requirements.

(4) The HUB Subcontracting Plan shall become a provision of the contract between the awarded Respondent and TFC. The awarded Respondent can only change the HUB Subcontracting Plan if: (a) the Respondent complies with 34 TAC Section 20.285; (b) the Respondent provides its proposed changes to TFC for review; (c) TFC approves the Respondent’s proposed changes to its HUB Subcontracting Plan; and (d) TFC and the Respondent amends their contract by submitting a revised HUB Subcontracting Plan containing the changes approved by TFC.

(5) If TFC determines that the Respondent failed to implement the HUB Subcontracting Plan in good faith, TFC, in addition to any other remedies, may report non-performance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (g) (5).

(6) HUB subcontracting opportunities may be available in the following NIGP** class/item codes and descriptions. The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. **These codes are defined by the National Institute of Governmental Purchasing (NIGP).

A complete listing of all NIGP Class & Item Codes can be found at: https://mycpa.cpa.state.tx.us/commbook/

(7) See Attachment C – HUB Compliance Reporting System – Online HSP Process Guide for step-by-step guidance on submitting your HSP through the online system. If assistance is needed in preparing the HUB Subcontracting Plan, potential Respondents may contact Yolanda Strey by email at HUB@tfc.state.tx.us.

(8) Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.85(f)(l)(2) and 20.287(b), TFC administers monthly HSP-PAR compliance monitoring through a HUB Compliance Reporting System commonly known as B2G. The successful Respondent and any subcontractors must submit required PAR information into B2G system. Any delay in the timely submission of PAR information into B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

12) Attachment J, AP-152 Form: Respondent will fill out form and submit with response.

8. QUESTIONS:

a) All Non-HUB related questions shall be submitted through Bonfire Portal as specified in Attachment G – Bonfire Submittal Instructions.

b) All questions will result in written responses posted in an addendum to the ESBD at: http://www.txsmartbuy.gov/esbd and the Bonfire Portal.

c) Any Respondents finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify TFC at once. TFC may then, as an option, issue addenda clarifying the same. TFC is not responsible for oral instructions or for misinterpretation of the drawings and specifications.

d) It is the responsibility of the interested parties to periodically check the ESBD for updates to the solicitation prior to submitting a proposal. Respondent’s failure to periodically check the ESBD or acknowledge addenda will in no way release the respondent from any obligations detailed in the addenda. Any additional costs incurred to meet the requirements of the RFP are the sole responsibility of each respondent.

e) Except as otherwise provided in this Section, upon issuance of this RFP, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

9. PROPOSAL SUBMISSION:

a) Submittals shall be uploaded via the Bonfire link in Attachment I – Bonfire Submission Instructions and Guidelines prior to 3:00 PM Central Time on the date specified in the Schedule of Events. There is a 1000 MB limit on individual file size.

b) All proposals shall be fully uploaded and submitted by 3:00 PM on the date specified in the Schedule of Events above. TFC reserves the right to accept late submittals.

c) Telephone, facsimile, and email proposals will not be accepted.

d) Any issues with uploading shall first be addressed with Bonfire Technical Support at the contact information included in Attachment I – Bonfire Submission Instructions and Guidelines. Contact the Purchaser if there are issues with the site prior to the deadline for alternate arrangements if needed. Failure to contact the purchaser prior to the deadline to make alternative arrangements will disqualify any subsequent submittal of response.

10. PROPOSAL OPENING:

a) Only the names of the Respondents will be made available after the opening date and time.

b) All submitted Proposals become the property of TFC after the RFP submittal deadline/opening date.

c) Proposals submitted shall constitute an offer for a period of ninety (90) days or until award is made by TFC, whichever occurs earlier.

11. PROPOSAL EVALUATION AND AWARD:

a) TFC shall award to the Respondent(s) whose proposal is considered to provide the best value to the State of Texas as defined by TGC, Section 2155.074. TFC reserves the right to make multiple awards or no award under this RFP.

b) When considering best value and award, TFC reserves the right to set a minimum requirement regarding the weighted criteria listed in Subsection (d) below.

c) TFC also reserves the right to solicit any service that would normally be performed using this contract if it deems that by doing so would be in the best interest of the State of Texas.

d) An evaluation committee will be established to evaluate the submitted proposals. The committee will include employees of TFC and may include other persons invited by TFC to participate. By submitting a proposal in response to this RFP, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the proposals may involve some subjective judgments by the evaluation committee. The Evaluation Committee will evaluate and score each proposal based upon the following criteria:

e) The Evaluation Committee will determine if BAFOs are necessary. Award of the contract may be made without BAFOs. A request for a BAFO is at the sole discretion of TFC and will be extended in writing.

f) In evaluating proposals to determine the best value for the State of Texas, TFC may consider information related to past contract performance of a Respondent including, but not limited to, CPA’s Vendor Performance Tracking System, available at http://www.txsmartbuy.gov/vpts. Prior work performance with TFC, and other State agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Respondents involved in litigation with TFC or another State agency may be disqualified.

g) Based on ranking determined by the scores, TFC may conduct interviews and/or oral presentations with those firms determined to be the most qualified. Such interviews are intended to:

i) confirm the information contained in the proposal;

ii) evaluate Respondent’s methodology and work plan for the contract; and

iii) evaluate the structure of contract team including qualifications of individual team members and other subcontractors. Scoring of the interview may replace part or all of the scoring of the proposal.

h) Based on these and other factors which may apply, TFC in accordance with the TGC, Section 2156.121, will enter into the contract with the Respondent(s) that is determined to be most appropriate for the services to be provided, but if an agreement cannot be reached, may proceed with the next ranked Respondent, and so on as provided by statute.

i) TFC reserves the right to award or not award the contract if no responses are deemed acceptable and may re-solicit as determined necessary in the best interest of the State of Texas.

j) Protests: Protests filed in accordance with this solicitation shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

k) Public Disclosure: News or social media releases pertaining to this RFP or the services, study, data, or project to which it relates shall not be made without TFC’s prior written authorization. In the exercise of TFC’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFP and the disqualification of the Respondent to respond to any re-solicitation.

l) State Auditor’s Right to Audit: The state auditor may 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.

m) Order Precedence: In the event of conflicts or inconsistencies between this RFP and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Attachment A - Services Contract, Request for Proposal, Attachments to RFP, and Respondent’s response to RFP.

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RFP 0004145

Doors, Coiling Grilles, Turnstiles, Vehicle Barriers, and Dock Levelers

ATTACHMENT A - SERVICES CONTRACT

(TO BE EXECUTED BY TFC AND SELECTED RESPONDENT UPON AWARD)

(Posted on the ESBD)

ATTACHMENT B - EXECUTION OF PROPOSAL

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

Legal Entity Name:

Address:

City, State, Zip:

RESPONDENT AFFIRMATIONS:

1. Having carefully examined the RFP, the Contract, and all other Attachments, as well as the premises and conditions affecting the work, Respondent hereby proposes to furnish all labor, materials, and equipment necessary to complete the work in the amounts proposed in Attachment D - Compensation and Fees.

2. Provided the proposal is accepted, the Respondent, signature herein, agrees to execute the Attachment A, Services Contract and obtain and furnish the required insurance certificates in accordance with the terms and conditions of the contract. Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter, TFC may disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

3. False Statements: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

4. Buy Texas Affirmation: In accordance with Section 2155.4441 of the Texas Government Code, 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.

5. Dealings with Public Servants Affirmation: Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

6. Antitrust Affirmation: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

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

8. Financial Participation Prohibited: Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from Agency to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

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

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

11. Employment Restrictions for Former Employees: Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TFC who during the period of state service or employment participated on behalf of TFC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TFC ceased.

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

13. Human Trafficking Prohibition: Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

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

15. Fraud, Waste, or Abuse: Respondent understands that TFC does not tolerate any type of fraud. The agencies' policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the TFC Office of Internal Audit at 1-512-463-1069 and the State Auditor's Office at 1-800-TX-AUDIT (892-8438).

16. Deceptive Trade Practices: Unfair Business Practices: Respondent represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that 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 Practices 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.

17. Public Information Act: Respondent understands that Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings 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. In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

18. Employment of Lobbyist: Respondent represents and warrants that payments to Respondent and Respondent's receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

19. Disclosure of Interested Parties: Respondent represents and warrants that if selected for award of a contract as a result of the Solicitation, Respondent will submit to Agency a Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

20. Debts and Delinquencies Affirmation: Respondent agrees that any payments due under the contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

21. Texas Corporate Franchise Tax Certification: Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

22. Contracting Information Responsibilities: In accordance with Section 552.372 of the Texas Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the TFC for the duration of the contract, (2) promptly provide to the TFC any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TFC, and (3) on termination or expiration of the contract, either provide at no cost to the TFC 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 the TFC. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

23. Computer Equipment Recycling Program: If Respondent is submitting a Response for the purchase or lease of computer equipment, then Respondent certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

24. Television Equipment Recycling Program: If Respondent is submitting a Response for the purchase or lease of covered television equipment, then Respondent certifies that it is compliant with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

25. Cybersecurity Training: If Respondent has access to any state computer system or database, Respondent shall complete cybersecurity training and verify completion of the training program to the TFC pursuant to and in accordance with Section 2054.5192 of the Government Code.

26. Disaster Recovery Plan: Upon request of Agency, Respondent shall provide copies of its most recent business continuity and disaster recovery plans.

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

28. Suspension and Debarment: Respondent certifies that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity. Entities ineligible for federal procurement are listed at http://www.sam.gov. Prior to awarding state funds for goods and/or services rendered, TFC will conduct a required search of your firm using the Federal System for Award Management (SAM). This is a Federal government-maintained database that records and tracks organizations either known to or suspected of contributing to terrorist organizations. No state funds may be paid to an individual or firm whose name appears on this list.

29. E-Verify Program: 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:

1. all persons employed by Respondent to perform duties within Texas; and

2. all persons, including subcontractors, assigned by Respondent to perform work pursuant the contract within the United States of America.

30. Excess Obligations Prohibited: Respondent understands that all obligations of TFC under the contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the contract may be terminated by TFC.

31. Child Support Obligation Affirmation: Under Section 231.006(d) of the Texas Family Code, regarding child support, Respondent certifies that the individual or business entity named in this Response is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any Respondent subject to Section 231.006 of the Texas Family Code, must include in the Response the names of each person with at least 25% ownership of the business entity submitting the Response. If selected for award, Respondent shall provide TFC Procurement the Social Security number(s) of the individual(s) listed below.

Firm Owner(s), Partners, Sole Proprietors, Share Holder(s) of twenty-five percent (25%) interest or more:

Name:

Name:

Name:

Name:

32. Entities that Boycott Israel: Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 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 Response.

33. Damage to Government Property: In the event of loss, destruction or damage to any TFC or State of Texas property by Respondent or Respondent’s employees, agents, subcontractors, and suppliers, Respondent shall be liable to TFC and the State of Texas the full cost of repair, reconstruction or replacement of the lost, destroyed or damaged property. Respondent will reimburse TFC and the State of Texas for such property damage within ten (10) calendar days after Respondent’s receipt of TFC’s notice of amount due.

34. Change in Law and Compliance with Laws: Respondent shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the contract. Agency reserves the right, in its sole discretion, to unilaterally amend the contract prior to award and throughout the term of the contract to incorporate any modifications necessary for Agency’s compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines.

35. No Conflicts of Interest: Respondent has disclosed in writing to TFC all existing or potential conflicts of interest relative to the performance of the contract. Any existing or potential conflicts of interest shall be disclosed and attached to this Execution of Proposal.

36. COVID-19 Vaccine Passport Prohibition: Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

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

38. Firearm Entities and Trade Associations Discrimination: If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

39. Executive Order GA-48: Respondent certifies that neither it, nor its holding companies or subsidiaries, is:

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

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

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

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

40. Terms and Conditions Attached to Response: Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

41. Vendor Contact Information: Respondent shall provide the contact information (including name, address, phone number and email address) of the individual who will be the Vendor Point-of-Contact and is authorized to sign the contract on behalf of the respondent.

Email Address:

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

RESPECTFULLY SUBMITTED:

Authorized Signature:

Printed Name:

Title

Telephone:

E-mail Address:

Respondent's Corporate Charter No.:

If a Corporation, attach a corporation resolution or other official corporate documentation, which states that person signing this proposal is an authorized person to sign for and legally bind the corporation.

*The Texas Identification Number if the taxpayer number assigned and used by the Texas Comptroller of Public Accounts.