Updated September 2025

STANDARD PURCHASE ORDER/CONTRACT TERMS AND CONDITIONS

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TERMS AND CONDITIONS

BY ACCEPTANCE OF THIS PURCHASE ORDER/CONTRACT, VENDOR AGREES TO THE FOLLOWING

TERMS AND CONDITIONS

A. GENERAL PROVISIONS:

1. This Contract constitutes the entire agreement of the parties and supersedes any prior understandings of oral or written agreements between the Contractor and TCEQ on the matters contained herein.

2. Contractor must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

3. Contractor must invoice per unit price shown. Unit prices shall govern in the event of extension errors.

4. F.O.B. destination, freight prepaid and allowed unless otherwise stated within the contract.

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

6. Disaster Recovery. Contractor shall maintain a business continuity plan designed to enable Contractor to recover normal business operations and data within seventy-two hours of any declared disaster or force majeure event.

B. SPECIFICATIONS:

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

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

3. Contractor must provide, at no cost, at least one copy of any applicable manufacturer’s Material Safety Data Sheet (MSDS) with each shipment during the term of the contract. If OSHA, Federal or State laws provide for additional requirements, those requirements are in addition to the MSDS requirements.

4. Manufacturer’s standard warranty shall apply unless otherwise stated in the contract.

C. DELIVERY:

1. If delay is foreseen, Contractor shall give written notice to the TCEQ. Contractor must keep the TCEQ advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TCEQ to purchase the goods or services of this contract elsewhere and charge any increased costs for the goods or services, including the cost of rebidding, to the defaulting Contractor.

2. No substitutions permitted without written approval of the TCEQ.

3. Delivery shall be made during normal working hours only, unless prior approval has been obtained from the TCEQ.

D. INSPECTION AND TESTS:

All goods will be subject to inspection and testing by the State. Authorized TCEQ personnel shall have access to supplier’s place of business for the purpose of inspecting merchandise. Tests shall be performed on samples taken from regular shipment. All costs shall be borne by the Contractor 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 the State’s option, be returned to the Contractor or held for disposition at Contractor’s expense. Latent defects may result in revocation of acceptance.

E. AWARD OF CONTRACT:

The contract shall be governed, construed and interpreted under the laws of the State of Texas. The factors listed in Texas Government Code, Title 10, Subtitle D, Section 2155.074, 2155.144, 2156.007, and 2157.003 shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

F. PAYMENT:

1. Contractor shall submit two copies of an itemized invoice showing TCEQ order number on all copies. The State 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 of the Texas Government Code.

2. TCEQ may withhold or recoup payments due to be paid under this Contract, in whole or in part, in the event of Contractor’s noncompliance with any term or provision of this Contract or with any Federal or State law or regulation relating to Contractor’s performance under this Contract.

G. PATENTS OR COPYRIGHTS:

The Contractor agrees to protect the State from claims involving infringement of patents or copyrights.

H. CONTRACTOR ASSIGNMENTS:

Contractor hereby assigns to TCEQ any and all claims for overcharges associated with this Contract arising under the Antitrust Laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), and the Antitrust Laws of the State of Texas, TEX. Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967).

I. WARRANTY OF TITLE:

Contractor warrants that the title to all material, supplies and equipment furnished is free of liens and encumbrances.

J. TERMINATION, DEFAULT:

Termination. The performance of work under this Contract may be terminated in whole or in part by the TCEQ by the delivery to the Contractor of a written “Notice of Termination” specifying the extent to which performance of work under the contract is terminated and the date upon which such termination becomes effective. TCEQ shall not be liable to Contractor for any work done or materials purchased after such termination or for lost profits or other damages. Such right of termination is in addition to and not in lieu of rights of TCEQ otherwise set forth in this Contract.

K. FORCE MAJEURE:

Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, or other causes that are beyond the reasonable control of either party, could not reasonably be foreseen, and by the exercise of all reasonable due diligence, is unable to be overcome by either party. Neither party shall be liable to the other for any failure or delay of performance of any requirement included in the contract caused by force majeure. Upon timely notice by the non-performing party, the time for performance shall be extended for a reasonable period after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. The non-performing party must provide evidence of any failure resulting in impossibility to perform.

L. INSURANCE:

In the event the Contractor, it’s employees, agents or subcontractors enter premises occupied or under the control of TCEQ in the performance of this Contract, the Contractor agrees that it will maintain public liability and property damage insurance in reasonable limits covering the obligations set forth above, and will maintain worker’s compensation coverage (either by insurance or if qualified pursuant to law, through a self-insurance program) covering all employees performing this Contract on premises occupied or under the control of TCEQ.

M. ADVERTISING:

Contractor is prohibited from using contract award information, sales values/volumes and/or State of Texas customers in sales brochures or other promotions, including press releases, unless prior written approval is obtained from the Manager, Procurements and Contracts, TCEQ.

N. INTELLECTUAL PROPERTY:

Third Party Intellectual Property. Contractor shall not incorporate any third party intellectual property into the Work without TCEQ’s prior written approval. Contractor shall bear sole responsibility for obtaining all necessary licenses and paying all applicable license, and/or royalty fees and all costs incident to Contractor’s use or possession in the performance of the Work or the incorporation into the Work of any third party intellectual property. In the event that Contractor incorporates any third party intellectual property into the Work, Contractor shall obtain and deliver to TCEQ at no additional cost: i) documentation sufficient to describe the ordinary use of the intellectual property, and ii) a nonexclusive, perpetual, irrevocable, fully paid-up worldwide license to use, reproduce, publish, modify, create derivative works, distribute, make, have made, sell, have sold, and publicly perform and display such documentation, and to authorize others to do the same solely for TCEQ purposes.

Contractor shall take all necessary steps to pass-through to TCEQ all warranties, representations and other service commitments applicable to third party intellectual property incorporated in the Work.

O. ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY.

The Technology Access Clause was repealed effective September 1, 2006, and replaced by Department of Information Resources Rules as follows:

Electronic and Information Resources Accessibility Standards, as required by 1 TAC Chapter 213.

1. Effective September 1, 2007, state agencies and institutions of higher education shall procure products which comply with the State of Texas accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

2. Contractor shall provide the Texas Commission on Environmental Quality (TCEQ) with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration “Buy Accessible Wizard” (http://www.buyaccessible.gov).

Contractors not listed with the “Buy Accessible Wizard” or supplying a URL to their VPAT must provide TCEQ with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the “Buy Accessible Wizard” or obtaining a copy of the VPAT is located at http://www.section508.gov/

P. CONTRACTOR AFFIRMATIONS.

Contractor hereby certifies that:

1. The Contractor 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 contract.

2. Pursuant to 15 U.S.C. §1, et seq. and Tex. Bus. & Comm. Code §15.01, et. seq. neither the Contractor nor the firm, corporation, partnership, or institution represented by the Contractor, or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State or the Federal Antitrust Laws, nor communicated directly or indirectly the response made to any competitor or any other person engaged in such line of business.

3. Pursuant to Section 2155.004 Government Code, the Contractor has not received compensation for participation in the preparation of the specifications for this Contract.

4. Pursuant to Section 231.006 (d), of the Texas Family Code, regarding child support, the Contractor http://www.section508.gov/ certifies that the individual or business entity named in this Contract is not ineligible to receive the specified payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.

5. Under Section 2155.004 of the Texas Government Code, re: collection of state and local sales and use taxes, the Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and/or payment withheld if this certification is inaccurate.

6. As required by §2252.903, Government Code, Contractor agrees that any payments due under this Contract will be applied toward 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. Contractor shall comply with rules adopted by TCEQ under §§403.055, 403.0551, 2252.903, Government Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

7. Contractor certifies that they are in compliance with Section 669.003 of the Government Code, relating to contracting with the executive head of a State agency.

8. In accordance with Government Code §2155.4441, Contractor 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.

9. Contractor certifies that Contractor 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 Contractor is in compliance with the State of Texas statutes and rules relating to procurement. Contractor certifies that it is not listed in the prohibited vendors lists 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.

10. Sections 2155.006 and 2261.053, Texas Government Code, prohibits 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, Government Code, occurring after September 24, 2005. Under §2155.006, Government Code, Contractor certifies that the individual or business entity named in its response is not ineligible to receive a contract and acknowledges that this Contract resulting from the solicitation may be terminated and payment withheld if this certification is inaccurate.

11. Contractor represents and warrants that payment to the Contractor and Contractor’s receipt of appropriated or other funds under any contract resulting from this Contract are not prohibited by Section 556.005 or Section 556.008 of the Texas Government Code relating to the prohibition of using state funds for lobbying activities.

12. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to TCEQ under the solicitation and any resulting contract, if any, and that Contractor’s provision of the requested items under the solicitation and any resulting contract, if any, would not reasonable create an appearance of impropriety.

13. Pursuant to Section 231.006 (c), Family Code, response included names and social security numbers of each person with at least 25% ownership of the business entity submitting the response. Name & social security number for each person was provided prior to contract award.

14. Non-boycotting of Israel. If the Contractor is required to make a certification pursuant to Section

2271.001 of the Texas Government Code, Contractor represents and warrants that it does not boycott Israel and will not do so during the term of the Contract. In accordance with Government Code Section 2271.002, the Responder certifies that it does not boycott Israel and will not boycott Israel during the term of the contract. If Responder is exempt from this provision, Responder must immediately provide supporting information to TCEQ.

15. In accordance with Chapter 2252, Subchapter F and Chapter 2270 of the Texas Government Code, Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization and that it is not identified on the lists prepared and maintained under Sections 2252.153, 2270.0153, or 2270.0201 of the Texas Government Code. A company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or to a foreign terrorist organization, is not subject to contract prohibition under this clause. A company claiming such exemption must submit the official copy of the declaration.

16. Abortion Funding Limitation. Contractor represents and warrants that payments made by TCEQ to Contractor and Contractor’s receipt of appropriated funds under the Contract are not prohibited by Article IX, Section 6 of the General Appropriations Act, nor by Texas Government Code Chapter 2273. Prohibited Transactions.

17. Human Trafficking Prohibition. In accordance with Texas Government Code Section 2155.0061 of the Texas Government Code, Contractor certifies that any individual(s) and/or business entity(ies) named in this contract are not ineligible to receive the specified contract and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate.

18. Critical Infrastructure. Pursuant to Government Code Section 2275.0102, Contractor certifies that neither it, nor its wholly owned subsidiary, majority-owned subsidiary, parent company, nor any affiliate of those entities or business associations, is: (1) majority owned, held, or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor as a threat to critical infrastructure under Government Code Section 2275.0103, or (2) headquartered in any of those countries.

19. If the Contractor will perform research or work on critical infrastructure, or have access to critical infrastructure, the Contractor has a continuing obligation to ensure its actions are consistent with the requirements of Executive Order No. GA-48. Critical infrastructure is defined in Section 117.001(2), Texas Business and Commerce Code.

This includes completing routine reviews of its applicants, employees, subcontractors, and subcontractor’s employees to determine whether their criminal history or continuous connections to the government or political apparatus of a foreign adversary, or something else might prevent the applicant, employee, subcontractor, or subcontractor’s employee from being able to maintain the security or integrity of the infrastructure. Contractor must notify the TCEQ points of contact within two business days if it finds any of the aforementioned information.

20. Pursuant to Executive Order No. GA-48 relating to the hardening of state government issued by Governor Abbott on November 19, 2024, Contractor certifies that neither it, nor any of its holding companies or subsidiaries are:

• Listed in or covered by Section 889 of the 2019 National Defense Authorization Act (NDAA);

• Listed in Section 1260H of the 2021 NDAA;

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

• 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. § 791.4.

21. Non-boycotting of Energy Companies. If Contractor is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Contractor verifies that it does not, and will not for the duration of the Purchase Order, boycott energy companies. If Contractor is exempt from this provision, Contractor must immediately provide supporting information to TCEQ.

22. No Discrimination Against Firearm Entities. If Contractor is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Contractor verifies that it does not, and will not for the duration of the Purchase Order, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association. If Contractor is exempt from this provision, Contractor must immediately provide supporting information to TCEQ.

23. COVID-19 Vaccine Passport Prohibition. Under § 161.0085 of the Texas Health and Safety Code, Contractor certifies that it is not ineligible to receive the Purchase Order and will maintain this certification throughout the term of the Purchase Order.

24. Pursuant to Section 2063.408(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Contractor represents and warrants that it complies with the requirements of the state risk and authorization management program and Contractor agrees that throughout the term of the Purchase Order it shall maintain its certifications and comply with the program requirements in the performance of the Purchase Order.

25. Pursuant to Executive Order No. GA-43 relating to products from the Gaza Strip issued by Governor Abbott on October 9, 2023, Contractor certifies that none of the goods to be supplied under any resulting Contract are produced in or exported from the Gaza Strip, or are from any organization or state actor with ties to Hamas.

26. Prohibited Activities. Contractor certifies that it is not barred from responding to a solicitation or being awarded a state contract under Texas Government Code 2261, Subchapter G.

Q. DISPUTE RESOLUTION:

The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used by the TCEQ and the Contractor to attempt to resolve all disputes arising under this Contract.

R. TERMINATION:

1. NON-APPROPRIATION OF FUNDS: This Contract is subject to termination or cancellation, without penalty to TCEQ, either in whole or in part, subject to the availability of state funds. TCEQ is a State agency whose authority and appropriations are subject to actions of the Texas Legislature. If TCEQ becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TCEQ’s or Contractor’s delivery or performance under the contract impossible or 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, TCEQ will not be liable to Contractor for any damages, which are caused or associated with such termination, or cancellation and TCEQ will not be required to give prior notice.

2. CONVENIENCE OF THE STATE OF TEXAS: The TCEQ reserves the right to terminate the Contract at any time, in whole or in part, without penalty, by providing 30 calendar days advance written notice, if the TCEQ determines that such termination is in the best interest of the State. In the event of such a termination, the Contractor shall, unless otherwise mutually agreed upon in writing, cease all work and any delivery of goods immediately upon the effective date of termination. TCEQ shall be liable for payments for any goods or services ordered from the Contractor before the termination date.

3. CAUSE/DEFAULT: If the Contractor fails to provide the goods or services contracted for according to the provisions of the Contract, or fails to comply with any of the terms or conditions of the Contract, the TCEQ may, upon written notice of default to the Contractor immediately terminate all or any part of the Contract. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law or under the Contract.

4. The TCEQ may exercise any other right, remedy or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract, or to recover damages for the breach of any agreement being derived from the Contract. The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless the TCEQ notifies the Contractor in writing prior to the exercise of such remedy. The Contractor shall remain liable for all covenants and indemnities under the Contract. The Contractor shall be liable for all costs and expenses, including court costs, incurred by the TCEQ with respect to the enforcement of any of the remedies listed herein.

S. TEXAS PUBLIC INFORMATION ACT:

Notwithstanding any provisions of this Contract to the contrary, Contractor understands that TCEQ will comply with the Texas Public Information Act, Chapter 552, Texas Government 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 Contract may be subject to public disclosure pursuant to the Texas Public Information Act. Within three (3) days of receipt, Contractor will refer to TCEQ any third party requests, received directly by Contractor, for information to which Contractor has access as a result of or in the course of performance under the Contract.

T. CONFLICT OF INTEREST:

Under Section 2155.003 of the Texas Government Code, a TCEQ employee may not have an interest in, or in any manner be connected with a contract or solicitation 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 of 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 contractors 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 TCEQ or other state agencies.

U. INDEMNIFICATION:

Contractor shall defend, indemnify, and hold harmless the State of Texas, its officers, and employees, and TCEQ, its officers, and employees and contractors, from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, including without limitation attorney’s fees and court costs, arising out of, connected with, or resulting from any acts or omissions of contractor or any agency, employee, subcontractor, or supplier of contractor in the execution or performance of a contract. Contractor shall coordinate its defense with the Texas Attorney General as requested by TCEQ. This section is not intended to and shall not be construed to require contractor to indemnify or hold harmless the State or TCEQ for any claims or liabilities resulting from the negligent acts or omissions of TCEQ or its employees.

V. RIGHT TO AUDIT:

In addition to and without limitation on the other audit provisions of this Contract, pursuant to §2262.154 of the 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 Contract may be amended unilaterally by TCEQ to comply with any rules and procedures of the State Auditor in the implementation and enforcement of §2262.154, Texas Government Code. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards.

W. VULNERABILITY TESTING OF NETWORK HARDWARE AND SOFTWARE:

Contractor hereby certifies that any network hardware or software, as applicable, procured or leased under this Contract, has undergone independent certification testing for known and relevant vulnerabilities in accordance with Texas Government Code 2059.060.

X. ESTIMATES/QUANTITIES

TCEQ reserves the option to add or subtract like items or services, including additional site locations at the same price rates during the term of the contract, including any renewals and/or extensions.

Line item quantities listed are the TCEQ’s best estimate and actual quantities will be in accordance with requirements of the Agency.

Y. SECURITY REQUIREMENTS

If Contactor accesses, transmits, uses, or stores TCEQ data:

1) Contractor shall meet the security controls specified by TCEQ; and

2) Contractor must annually provide TCEQ documentation demonstrating that it meets the specified TCEQ security requirements.

Z. CYBERSECURITY TRAINING

1. Contractor shall ensure that any Contractor representative (employee, officer, or subcontractor personnel) who has Access to a TCEQ Computer System or Database completes a cybersecurity training program certified by the Texas Cyber Command under § 2063.102 of the Texas Government Code, when the Contract is executed and annually as applicable.

2. Access to TCEQ Computer System or Database” means having a TCEQ network user account or the authorization to maintain, modify, or allow access control to any TCEQ web page, TCEQ computer system, or TCEQ database.

3. Within seven (7) days after the execution of the Contract, the Contractor shall provide a list of persons requiring training to the TCEQ Delivery/Invoices contact, and thereafter provide an updated list by the first workday of any additional person who becomes subject to the cybersecurity training requirements. For applicable umbrella contracts, Contractor shall provide a list of any persons requiring training within seven (7) days of issuance of Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database.

4. If a Contractor representative has previously completed a Texas Cyber Command-certified cybersecurity training during a State of Texas fiscal year in which the Contract is effective, Contractor shall provide evidence that the Contractor representative completed the required training to the TCEQ Delivery/Invoices contact within seven (7) days after the execution of the Contract or as applicable, the issuance of a Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database.

5. For Contracts that have contract periods that exceed a year (extend beyond August 31 of the year in which they are entered), all persons performing Work under the Contract shall take cybersecurity training renewal each fiscal year after the year in which the contract becomes effective. By August1st each year, the Contractor must provide to the TCEQ Delivery/Invoices contact either: (1) a list of persons that must complete cybersecurity training during the upcoming State of Texas Fiscal Year; or (2) provide evidence that the Contractor representative completed the required training. Contractor shall retain in their records, and upon request, provide the TCEQ Delivery/Invoices contact evidence that the training was successfully completed.

6. TCEQ will provide access to the cybersecurity training program. Contractor is responsible for all other costs associated with their representatives completing the training, including time spent completing the training.

7. Contractor shall notify the TCEQ Delivery/Invoices contact within two (2) business days when a person with Access to a TCEQ Computer System or Database no longer needs Access to such Computer System or Database.

8. TCEQ may terminate the Contract for Cause if Contractor fails to adhere to any of the above terms, including completing the required certified cybersecurity training or notifying the TCEQ Delivery/Invoices contact when access is no longer needed.

9. TCEQ may terminate the Contract for Cause if a Contractor representative misuses a TCEQ Computer System or Database, including allowing multiple individuals to utilize a single individual’s TCEQ network user account.

AA. Prohibition on Limitation of Cybersecurity Incident Notification.

Any contract language in a cybersecurity insurance contract or goods and services contract is void and unenforceable if it prohibits or restricts TCEQ’s compliance with, or otherwise circumvents the requirements of Section 2063.302 of the Texas Government Code, which outlines the requirements for cybersecurity incident notification for state agencies.

BB. Prohibited Technologies.

Contractor certifies that Prohibited Technologies will not be used on any of Contractor’s or its employees’, contractors’, and subcontractors’ devices including personally-owned devices, if those devices are used to access state-owned data or information systems. These devices include cell phones, tablets, desktop and laptop computers, and other internet-capable devices. “Prohibited Technologies” refers to software, applications, technologies, hardware, and equipment, and any of the aforementioned items made by the developers or manufacturers on the Prohibited Technologies list located on the Texas Department of Information Resources’ website at:

https://dir.texas.gov/information-security/prohibited-technologies. In addition to the DIR list, TCEQ in its sole discretion may designate additional prohibited technologies.