ESBD_441739_1753987934398_03. Execution of Offer.pdf

1–4 Form Revised 07/08/2025

EXECUTION OF OFFER

RFO NO. 601310000096800

By signature hereon, Respondent certifies that all statements and information prepared and submitted in the response to this RFO are current, complete, and accurate.

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.

Neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent or anyone acting for such firm, corporation, or institution has (1) violated the anti-trust laws of the state of Texas under Texas Business and Commerce Code, Chapter 15, or the federal anti-trust laws; or

(2) communicated the contents of this Offer either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFO.

By signing this response, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Texas Administrative Code, Title 34, Part 1, Chapter 20.

Under Government Code §2155.004, no person who prepared the specifications or this RFO has any financial interest in Respondent’s Offer. If Respondent is not eligible, then any contract resulting from this RFO shall be immediately terminated. Furthermore, “under Section §2155.004, Government Code, the vendor (Respondent) certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

Under Government Code §669.003, relating to contracting with an executive of a state agency, Respondent represents that no person who, in the past four years, served as an executive of the Texas Department of Transportation (TxDOT) or any other state agency, was involved with or has any interest in this Offer or any contract resulting from this RFO. If Respondent employs or has used the services of a former executive head of TxDOT or other state agency, then Respondent shall provide the following information:

Name of former Executive:

Name of State Agency:

Date of separation from State Agency:

Date of employment with Respondent:

Respondent agrees that any payments due under this purchase order will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the state of Texas.

TxDOT is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration’s System for Award Management (https://www.sam.gov/portal/public/SAM), which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.

2–4 Form Revised 07/08/2025

Respondent certifies that the responding 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 Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent 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 http://www.sam.gov.

Under Section 2155.006(b) of the Texas Government Code, a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified contract and acknowledges that any contract resulting from this RFO may be terminated and payment withheld if this certification is inaccurate.

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

3–4 Form Revised 07/08/2025

Respondent represents and warrants that the individual signing this Execution of Offer is authorized to sign this document on behalf of Respondent and to bind Respondent under any contract resulting from this Offer.

RESPONDENT (COMPANY):

SIGNATURE:

NAME (TYPED/PRINTED):

TITLE: DATE:

STREET:

CITY/STATE/ZIP:

TELEPHONE:

FACSIMILE NUMBERS:

EMAIL ADDRESS: ____________________________________________________________________

EMPLOYER’S IDENTIFICATION NUMBER (EIN):

If an invoice will be submitted by, and/or payment made to an EIN or company name different from the vendor on the response, respondent must complete the following to authorize payment:

EIN of company authorized to invoice for vendor: ________________________________

Name of invoicing company: _________________________________________________

EIN of company authorized to receive payment: __________________________________

Name of company to be paid: ________________________________________________

THE EXECUTION OF OFFER SHALL BE RETURNED WITH THE RESPONSE. FAILURE TO RETURN

THE EXECUTION OF OFFER WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-

RESPONSIVE.

4–4 Form Revised 07/08/2025

PREFERENCES: Reference Part 2, Para. 2.08 of the TxDOT Terms and Conditions.

In the case of a tie between two or more respondents, the award will be made in accordance with preferences as outlined in Rule 34TAC §20.306. If a tie still exists after review of preferences claimed by respondents, TxDOT will draw lots to break the tie.

Check below if preference is claimed under Rule 34TAC §20.306.

Tie – Bid Preferences

1. Supplies, materials or equipment produced in Texas or offered by a Texas bidder

2. Agricultural products produced or grown in Texas

3. Agricultural products and services offered by Texas bidder

4. USA produced supplies, material or equipment

5. Products produced at facilities located on formerly contaminated property

6. Products and services from economically depressed or blighted areas

7. Goods produced or offered by a business owned by a service-disabled veteran who is a

Texas resident

Source Preferences

1. Products of persons with mental or physical disabilities

2. Vendors that meet or exceed air quality standards. For contracts to be performed, in whole or in part, in a designated non-attainment area or an affected county, as those terms are defined by Health and Safety Code §386.001Texas Emissions Reduction Plan.

3. Manufacturer that has a recycle program for computer equipment

4. Contractor providing foods of higher nutritional value

Specification Preferences

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

2. Energy efficient products

3. Rubberized asphalt paving materials

4. Recycled motor oil and lubricants