PURCHASING DEPARTMENT

200 TECHNOLOGY WAY SUITE 1151

COLLEGE STATION, TEXAS 77845-3424

IFB NUMBER

IFB-26-001

Rio Grande Valley Native Trees

BID MUST BE RECEIVED BEFORE:

2:00 P.M. CENTRAL TIME (CT) on January 9, 2026

EMAIL bid to bids@tfs.tamu.edu (preferred)

MAIL OR HAND CARRY BID TO:

Texas A&M Forest Service Purchasing Department

200 Technology Way, Suite 1151 College Station, TX 77845-3424

Show IFB Number, Opening Date, and Time on Return Envelope

NOTE: BID must be time stamped at the Texas A&M Forest Service Purchasing Department before the hour and date specified for receipt of bid.

Sealed bids will be received until the date and time established for receipt.

INVITATION FOR BID

REFER ALL INQUIRIES TO:

Blakely Snoe Buyer

Texas A&M Forest Service Purchasing Department Phone: 979-458-7380

E-mail: blakely.snoe@tfs.tamu.edu mailto:bids@tfs.tamu.edu mailto:blakely.snoe@tfs.tamu.edu

IFB-26-001 TEXAS A&M FOREST SERVICE Page 2 of 10

GENERAL INFORMATION AND SCOPE

Item Description Quantity UOM Unit Price Ext Price

Email bids to bids@tfs.tamu.edu only. Include IFB number and opening date in the email title.

When mailing in bids, bid number and bid opening date must be indicated on the lower left corner of the envelope.

Faxed bids will NOT be accepted.

DETERMINATION OF SUBCONTRACTING OPPORTUNITIES

The TEXAS A&M FOREST SERVICE has reviewed this IFB in accordance with Texas Government Code 2161.252 and TAC 111.14(a) and has determined that subcontracting opportunities are not probable under this contract. Accordingly, a HUB Subcontracting Plan (HSP) is not required.

GENERAL

Blakely Snoe may be e-mailed at blakely.snoe@tfs.tamu.edu or telephoned, 979-458-7380 for general questions regarding this Invitation For Bid (IFB).

No authority is intended or implied that specifications may be changed or amended except as authorized by written addendum from the Texas A&M Forest Service Purchasing Department.

Responses to inquiries, which directly affect an interpretation or change to this IFB, will be issued in writing by addendum. Only inquiries which are replied to by formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

NOTICE: THE DEADLINE FOR WRITTEN QUESTIONS IS January 5 at 2:00 P.M. CENTRAL TIME (CT).

SHOULD AN ADDENDUM BE REQUIRED, IT WILL BE ISSUED BY

January 6 2:00 P.M. CENTRAL TIME (CT).

Class and Item Code: 595-70 and 595-75

SCOPE

By means of this IFB, it is the intention of the TEXAS A&M FOREST SERVICE to acquire bids for Rio Grande Valley native tree varieties specified below, for community tree planting projects. Trees will be picked up by participating entities.

mailto:bids@tfs.tamu.edu mailto:blakely.snoe@tfs.tamu.edu

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TERMS AND CONDITIONS

TERMS AND CONDITIONS

A. Vendors are highly recommended to exercise the option of completing an On-Site Inspection (Attachment B) of the job site prior to bidding. By submitting a quotation in response to this IFB, vendor agrees to perform all work under the conditions that exist at the job site irrespective of a completed inspection by vendor. (If applicable)

B. A response to this IFB is an offer to contract based on the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through a TEXAS A&M FOREST SERVICE purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in Section 51.9335 Texas Education Code shall also be considered in making an award when specified. Any legal actions must be filed in Brazos County, Texas.

C. The TEXAS A&M FOREST SERVICE reserves the right to make an award on the basis of low line item bid, low total of line items, or in any other combination that will serve the best interest of the TEXAS A&M FOREST SERVICE and to reject any and all bid items at the sole discretion of the TEXAS A&M FOREST SERVICE. The TEXAS A&M FOREST SERVICE 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 interest of the TEXAS A&M FOREST SERVICE. The TEXAS A&M FOREST SERVICE shall be sole judge of “the best interest of the TEXAS

A&M FOREST SERVICE”.

D. This IFB does not commit the TEXAS A&M FOREST SERVICE to award a contract, issue a purchase order, or pay any cost incurred by a vendor in the preparation of a bid in response to this IFB.

E. Upon award of bid, this IFB, awarded vendor’s response, and subsequent Purchase Order/s will serve as instruments of contract between the awarded vendor and the TEXAS A&M FOREST

SERVICE.

F. The TEXAS A&M FOREST SERVICE reserves the right to cancel this contract at any time, and without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature, or are not otherwise made available, or for any other unforeseen cause that may occur.

G. This contract will be done in accordance with all specifications, terms and conditions, and requirements of this IFB. The TEXAS A&M FOREST SERVICE will decide all questions which may arise as to the interpretation of specifications, quality, quantity, and acceptability of goods furnished or work performed. If the contract is for services, TEXAS A&M FOREST SERVICE will decide the manner of performance and the rate of progress of work and the acceptable fulfillment of the services on the part of the vendor.

H. This contract is subject to any constitutional or statutory limitations upon the TEXAS A&M FOREST SERVICE as an agency of the State of Texas.

I. The TEXAS A&M FOREST SERVICE is committed to maintaining an alcohol and drug-free workplace. Possession, use, or being under the influence of alcohol or controlled substances by vendor or vendor’s employees while in the performance of any service performed for the TEXAS A&M FOREST SERVICE is prohibited.

Violation of this requirement shall constitute grounds for cancellation of the contract.

J. In the performance of the specified work awarded vendor shall comply with all applicable Federal and State laws including, but not

IFB-26-001 TEXAS A&M FOREST SERVICE Page 4 of 11 limited to laws governing labor, equal employment opportunity, safety, environmental protection, and materials used in the work.

K. Unacceptable vendor performance and/or failure of vendor to comply with specifications, terms and conditions or any other requirements stipulated herein will constitute a breach of contract and will result in the contract becoming subject to cancellation by the TEXAS A&M FOREST SERVICE. Written notice from the TEXAS A&M FOREST SERVICE to the vendor of such cancellation will result in the contract becoming voided and canceled immediately thereupon, without penalty to the TEXAS A&M

FOREST SERVICE.

L. If the vendor defaults on the contract, TEXAS A&M FOREST SERVICE reserves the right to cancel the contract without notice and either re-solicit or re-award the contract to the next best value bidder originally responding to the IFB. The defaulting vendor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work unless the specifications or scope of work is significantly changed.

M. Authorized Relief From Performance (Force Majeure) -- The TEXAS A&M FOREST SERVICE may grant relief from performance of the contract if the vendor is prevented from compliance and performance by the act of war, order of legal authority, act of God, or other unavoidable causes not attributable to the fault or negligence of the contractor. The burden of proof for the need of such relief shall rest upon the vendor. To obtain release based on Force Majeure, the vendor must file a written request to the TEXAS

A&M FOREST SERVICE.

N. Suspension, Debarment, and Terrorism -- 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/portal/public/SAM/

O. Conflict of Interest. By executing this Agreement, Contractor and each person signing on behalf of Contractor certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The A&M System or The A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The A&M System, has direct or indirect financial interest in the award of this Agreement, or in the services to which this Agreement relates, or in any of the profits, real or potential, thereof.

P. Prohibition on Contracts with Companies Boycotting Israel.

Prohibition on Contracts with Companies Boycotting Israel. To the extent that Texas Government Code, Chapter 2270 applies to this Agreement, PROVIDER certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of this Agreement. PROVIDER acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

Q. Certification Regarding Business with Certain Countries and Organizations. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor https://www.sam.gov/portal/public/SAM/

IFB-26-001 TEXAS A&M FOREST SERVICE Page 5 of 11 acknowledges this Agreement may be terminated if this certification is inaccurate.

R. Additional Quantities -- The TEXAS A&M FOREST SERVICE reserves the right to purchase additional quantities of the equipment listed herein. Orders for additional equipment shall be made by TEXAS A&M FOREST SERVICE Purchase Order and shall be made within sixty (60) days of award of this bid. Bidders shall hold price firm during this period. Additional quantities ordered shall be subject to the same terms, conditions and pricing of the initial bid response.

S. Inter-Agency Agreement -- Successful bidder agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing inter-agency cooperation agreement(s) with the Texas A&M Forest Service.

T. Bid Submittal Prices -- Annual Blanket Purchase Order(s) bid submittal prices shall remain firm for 12 months from bid opening date.

Note: This term/condition supersedes TEXAS A&M FOREST SERVICE “standard” terms and conditions stated in item #1.6 (last bid page), i.e. cancels out “firm for TEXAS A&M FOREST SERVICE acceptance for 60 days from opening date”.

U. Quality -- The vehicles or equipment furnished under these specifications shall be of quality workmanship and material. The bidder represents that all vehicles or equipment offered under these specifications shall be new, current production model. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR

DISCONTINUED MODELS ARE NOT ACCEPTABLE.

V. Vendor Certification – Vendor hereby certifies that the 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 section 2059.060 of the Texas Government Code.

W. Renewals -- Any renewals will be under the same requirements, terms and conditions as those of the original agreement documents.

Only changes that are permitted within the scope of the originally awarded agreement may be considered in any renewal.

X. Vendor References – If requested, bidder will be required to submit Vendor References for current or past comparable work/service provided in the quality and scope of that specified in this IFB.

Y. Public Disclosure

(a) Bidder acknowledges that Texas A&M Forest Service is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law.

(b) Upon Texas A&M Forest Service’s written request, bidder will provide specified public information exchanged or created under this Agreement that is not otherwise excepted from disclosure under chapter 552, Texas Government Code, to Texas A&M Forest Service in a non-proprietary format acceptable to Texas A&M Forest Service. As used in this provision, “public information” has the meaning assigned Section 552.002, Texas Government Code, but only includes information to which Texas A&M Forest Service has a right of access.

(c) Bidder acknowledges that Texas A&M Forest Service may be required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

IFB-26-001 TEXAS A&M FOREST SERVICE Page 6 of 11

(d) Bidders/businesses are also required to ensure that their employees who have been designated as Not Eligible for Rehire by a TAMU member are not involved in any work for the TAMU system.

X. HUB – Historically Underutilized Businesses All agencies of the State of Texas are required to make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in procurements for commodities and services. It is the intention of the State of Texas and the Texas A&M Forest Service (TEXAS A&M FOREST SERVICE), as a good faith effort, to encourage the use of Historically Underutilized Businesses (HUBs) in all prime contracts, subcontracts, and purchasing transactions. TEXAS A&M FOREST SERVICE initiatives are to our prime contractors and core suppliers to achieve these ends through race, ethnic, and gender-neutral means. All procurements exceeding $100,000 for either goods and/or services must include a completed State of Texas HUB Subcontracting Plan (HSP) submitted by vendor/contractor.

FEDERAL LAWS AND REGULATIONS (applicable)

A. Federal Laws and Regulations – By submitting a signed response to this IFB, the vendor certifies that vendor is fully informed about and in full compliance with vendor’s obligations under existing applicable laws and regulations including, but not limited to:

B. Title VI of the Civil Act of 1964, as amended (42 USC 2000 (D));

C. Civil Rights Act of 1991;

D. Executive Order 11246, as amended (41 CFR 60-1 and 60-2);

E. Vietnam Era Veterans Readjustment Act of 1974, as amended

(41CFR 60-250);

F. Rehabilitation Act of 1973, as amended (41CFR 60-741);

G. Age Discrimination Act of 1975 (42 USC 6101et seq.);

H. Non-segregated Facilities (41CFR 60-1);

I. Drug-Free Workplace Act of 1988 (PL 100-690);

J. Federal Procurement or Non-procurement Programs (Executive

Order 12549 and 12689);

K. Bryd Anti-Lobbying Amendment (31 USC 1352);

L. Clean Air Act of 1970 (42 USC 7401 et seq.);

M. Federal Water Pollution Control Act (33 USC 1251 et seq.);

N. Omnibus Reconciliation Provision, Section 952;

O. Fair Labor Standards Act of 1938, Sections 6, 7 and 12 as amended;

P. Americans with Disabilities Act of 1990 (42 USC 12101 et seq.);

Q. Immigrations Reform and Control Act of 1986;

R. Utilization of Small Business Concerns and Small Business

Concerns Owned and Controlled by Socially and Economically Disadvantage Individuals (PL 96-507);

S. Federal Occupational Safety and Health Law (PL 91-595) including its regulations in effect or proposed as of the date of the agreement;

and

T. All other laws and regulations and executive orders as are applicable.

U. OSHA Statement – Vendor represents and warrants that all articles and services covered by this document meet or exceed the safety standards established and promulgated under Federal Occupational Safety and Health Law (Public Law 91:596) and its regulations in effect or proposed as of the date of this document.

IFB-26-001 TEXAS A&M FOREST SERVICE Page 7 of 11

V. Certification of Non-segregated Facilities of Equal Employment Opportunities Compliance – If this transaction exceeds $10,000 or if the seller anticipates or has a history of exceeding $10,000 in sales to the Texas A&M Forest Service within any continuous twelve (12) month period, the acceptance of this document will signify their compliance with the provisions of Section 202 of Executive Order no. 11246 pertaining to Equal Employment Opportunities effective September 24, 1965 and its amendment Executive Order no. 11375 effective October 13, 1967 insofar as Section 202 is affected by changing the word “creed” to “religion” and by adding the word “sex”. The signing will also service as written affirmation of the following Certification of Non-segregated Facilities. By the acceptance of this document, the bidder, offeror, applicant or subcontractor certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not permit their employees to perform their services at any location under their control, where segregated facilities are maintained. They certify further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they will not permit their employees to perform services at any location under their control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification the term “segregated facilities” means any waiting room, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, because of habit, local custom, or otherwise. They further agree that (except where they have obtained identical certifications from proposed subcontractors for specific time periods) they will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, that they will retain such certifications in their files and that they will forward the following notice to such subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods).

Notice to Prospective Subcontractors of Requirement for Certification of Non-segregated Facilities: A Certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or all subcontracts during a period (i.e., quarterly, semiannually, or annually).

Note: The penalty for making false statements in offers is prescribed in 18 U/S.C. 1001.

W. Affirmative Action Compliance – In addition to the above certification, if this transaction exceeds $50,000 the seller must have included as part of the bid a copy of their written Civil Rights “Affirmative Action Compliance Program”. If the bidder is not required to have such a written program, they must have so stated on the bid form indicating the reason it is not required. Paragraph 60.741.4 of Title 41 of Part 60-741 Affirmative Action Obligations of Contracts and Subcontracts for Handicapped Workers is incorporated by reference for all contracts of $3,500 or greater.

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X. This contract for goods and/or services incorporates by reference the equal employment opportunity clause provisions of Executive Order no. 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended; and all regulations and relevant orders of the U.S. Secretary of Labor.

Y. Awarded vendor shall comply with any applicable federal, state, and local laws and regulations in performing its operations under any awarded contract.

Z. Signing this IFB with a false statement is a breach of contract and shall void the submitted bid or any resulting award.

RIGHT TO AUDIT

At any time during the term of this contract and for a period of four (4) years thereafter the Texas A&M Forest Service, the State of Texas, the Comptroller of the United States, the federal agency awarding a grant to the Texas A&M Forest Service which funds this procurement in whole or in part, or duly authorized audit representatives of these entities, at their own expense and at reasonable times, reserves the right to have access to, and to incrementally audit, awarded vendor’s records that are related to this contract. In the event such an audit by one or more of these entities reveals any errors and/or overpayments by Texas A&M Forest Service, awarded vendor shall refund Texas A&M Forest Service the full amount of such overpayments within thirty (30) days of such audit findings, or Texas A&M Forest Service at its option, reserves the right to deduct such amounts owed to Texas A&M Forest Service from any payments due to awarded vendor.

INSURANCE REQUIREMENTS (not applicable)

A. The awarded vendor/contractor shall not commence work until all of the insurance specified on Attachment A – Texas A&M Forest Service, Standard Insurance Requirements has been obtained and certificates of such insurance in force have been filed with and accepted by the TEXAS A&M FOREST SERVICE. Insurance coverage shall provide for a ten (10) day notice of cancellation or material change to the policy coverage and/or limits and the certificate of insurance in force must include a notice that the policy or policies do contain these provisions. Acceptance of insurance certificates by TEXAS A&M FOREST SERVICE shall not relieve or decrease the liability of the awarded vendor/Contractor.

B. Unless otherwise specified, the awarded vendor/contractor shall provide and maintain, until all work included in this IFB is completed and accepted by TEXAS A&M FOREST SERVICE, the standard insurance coverage as required in Attachment A.

C. Certificates of Insurance must be faxed to: 979-458-7386

D. Indemnification – Awarded vendor agrees to indemnify and hold harmless the TEXAS A&M FOREST SERVICE for any and all claims, liabilities, expenses, injuries, or losses for personal injury, property damage, or any other claims and damages of any nature that may arise while carrying out any and all provisions of this agreement.

E. By submitting a bid in response to this IFB bidder acknowledges and affirms these insurance requirements are understood and bidder will provide such insurance as required herein if awarded a contract resulting from this IFB.

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BASIS OF AWARD

A. Award Criteria – The evaluation of bid responses will include but is not limited to pricing, delivery, the extent of which the goods or services meet the needs of the TEXAS A&M FOREST SERVICE and any other factors the TEXAS A&M FOREST SERVICE deems relevant.

The TEXAS A&M FOREST SERVICE must be confident that the bidder’s response will meet needs of the TEXAS A&M FOREST SERVICE. TEXAS A&M FOREST SERVICE will evaluate and make the award to the bid that is determined to be the best value to the agency based on the criteria listed below.

Evaluation Criteria:

Pricing Delivery Vendor’s ability, capacity, and skill Vendor’s previous experience and past relationship with TEXAS

A&M FOREST SERVICE

Any other factors TEXAS A&M FOREST SERVICE deems relevant

B. If bidder submits product or service literature and specifications TEXAS A&M FOREST SERVICE reserves the right to decide if items offered are equivalent to those specified. TEXAS A&M FOREST SERVICE alone shall determine “best value” to the agency and TEXAS A&M FOREST SERVICE’ judgment in this regard shall be considered final.

C. The TEXAS A&M FOREST SERVICE reserves the right to reject any and all bids, waive any technicalities.

D. By submitting a bid in response to this IFB, bidder agrees to this evaluation and award process and further accepts TEXAS A&M FOREST SERVICE’ judgment and decision of award.

TECHNICAL SPECIFICATIONS

Provide trees in quantities and diameter sizes listed below. Trees will be picked up by end users. Texas A&M Forest Service reserve the right to award to multiple vendors to attain best value and necessary quantities for the agency and our end users.

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ITEM BID

1 Cedar Elm, 2.5” 42 EA $_______ $___________

2 Mesquite, 1” 6 EA $_______ $___________

3 Mesquite, 2” 25 EA $_______ $___________

4 Mesquite, 3” 15 EA $_______ $___________

5 Retama, 2” 20 EA $_______ $___________

6 Retama, 3” 10 EA $_______ $___________

7 Anacahuita (Mex. Olive), 2” 23 EA $_______ $___________

8 Texas Persimmon, 2” 20 EA $_______ $___________

Texas Persimmon, 3”

10 EA $_______ $___________

10 Mexican White Oak, 2” 20 EA $_______ $___________

11 Mexican White Oak, 2.5” 15 EA $_______ $___________

12 Vasey Adelia, 1.5” 6 EA $_______ $___________

13 Mountain Laurel, 0.5” 8 EA $_______ $___________

14 Mountain Laurel, 1” 5 EA $_______ $___________

15 Ebony, 1” 8 EA $_______ $___________

16 Soapberry, 1” 6 EA $_______ $___________

17 Anacua, 1” 7 EA $_______ $___________

18 Wild Olive, 1” 5 EA $_______ $___________

19 Cypress, 0.5” 4 EA $_______ $___________

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GRAND TOTAL $

TERMS AND CONDITIONS: FOLLOWING ITEMS APPLY TO AND BECOME

A PART OF TERMS AND CONDITIONS OF QUOTATION

ANY EXCEPTIONS THERETO MUST BE IN WRITING

ATTACHMENTS

Attachment A – Terms and Conditions

VENDOR INFORMATION:

TEXAS VENDOR ID NUMBER (IF KNOWN)

COMPANY NAME

STREET ADDRESS

CITY STATE ZIP CODE

PHONE

BIDDER MUST SIGN BELOW

FAILURE TO SIGN WILL DISQUALIFY BID

*By signing this quotation, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined in TAC Rule, Title 34, Part 1, Chapter 20, Sub C, 20.32(68). Bidder also certifies that they have read, understand, and agree to all terms, conditions, and specifications as stated herein.

AUTHORIZED SIGNATURE

PRINT OR TYPE NAME

TITLE

Attachment A Texas A&M Forest Service

Terms and Conditions

1. BID REQUIREMENTS

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

1.2 Bidders must bid the price per unit shown. Unit prices shall govern in the event of extension errors.

1.3 Late 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.

1.4 Quote F.O.B. destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.5 Bid prices are requested to be firm for TFS acceptance for 90 days from opening date. Cash discounts are not considered in determining an award.

Cash discounts offered will be taken if earned.

1.6 Bid cannot be altered or amended after opening time. Any alterations made before opening time should be initialed by Bidder or his authorized agent. No Bid can be withdrawn after opening time without approval by TFS Purchasing Office based on a written acceptable reason.

1.7 Purchases made for TFS are exempt from the State Sales tax and Federal Excise tax. Do not include tax in quotation. Excise Tax Exemption Certificate will be furnished by TFS upon request.

1.8 TFS 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 the

TFS.

2. SPECIFICATIONS

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

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

2.3 TFS will not be bound by any oral statement or representation contrary to the written specifications of this Request for Bid (RFP).

2.4 Manufacturer's standard warranty shall apply unless otherwise stated in the

RFP.

3. TIE BIDS

Terms and Conditions Awards will be made in accordance with TAC Rule 20.36 (b) (3) and 20.38 (preferences).

4. DELIVERY

4.1 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.

4.2 If delay is foreseen, contractor shall give written notice to TFS. Contractor must keep TFS advised at all times of order status. Default of promised delivery (without accepted reasons) or failure to meet specifications authorizes TFS to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.

4.3 No substitutions permitted without TFS written approval.

4.4 Delivery shall be made during normal working hours only, unless prior approval has been obtained from TFS.

4.5 Each shipment must be accompanied by a packing slip which shows the TFS Purchase Order number and the description, quantity shipped and any back-ordered quantity for each item shipped. Each package must be clearly marked with the destination address and TFS Purchase Order number.

5. INSPECTION AND TESTS

All goods will be subject to inspection and test by TFS. Authorized TFS personnel shall have access to any 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 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 TFS’ option, will be returned to the contractor or held for disposition at contractor’s expense. Latent defects may result in revocation of acceptance.

6. AWARD OF CONTRACT

A response to this RFP is an offer to contract based upon the terms, conditions and specifications contained herein. Bids do not become contracts until they are accepted through a TFS purchase order. The contract shall be governed, construed and interpreted under the laws of the State of Texas, and as same may be amended.

Any legal action must be filed in Brazos County, Texas. The TFS may grant relief from performance of the contract if the contractor is prevented from compliance

Terms and Conditions and performance by the act of war, order of legal authority, act of God, or other unavoidable causes not attributed to the fault or negligence of the contractor. To obtain release on Force Majure, the contractor must file a written request to the TFS.

7. PAYMENT

TFS’s payment shall be made in accordance with Chapter 2251, Texas Government Code (the “Texas Prompt Payment Act”), which shall govern remittance of payment and remedies for late payment and non-payment.

8. PATENTS OR COPYRIGHTS

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

9. CONTRACTOR ASSIGNMENTS

Contractor hereby assigns to TFS 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). Inquiries pertaining to quotation must give the quotation number and opening date.

10. BIDDER AFFIRMATION

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

10.1 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 quotation.

10.2 Neither the Bidder nor the firm, corporation, partnership or institution represented by the Bidder, 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 Bid made to any competitor or any other person engaged in such line of business.

10.3 Pursuant to Section 2155.004(a) Government Code the Bidder has not received compensation for participation in the preparation of the specification for this RFP.

10.4 Pursuant to Section 231.006 (d), Family Code, re: 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 this contract may be terminated and payment may be withheld if this certification is inaccurate.

Terms and Conditions

10.5 Pursuant to Section 2155.004(b) Government Code the Bidder certifies that the individual or business entity name in this Bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

10.6 The Contractor shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution of performance of this contract.

10.7 Bidder agrees that any payment due under this contract will be applied towards eliminating any debt or delinquency, regardless of when it arises, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

10.8 Bidder agrees to comply with Government Code 2155.4441, pertaining to service contract use of products in the State of Texas.

11. NOTE TO BIDDER

Any terms and conditions attached to a Bid will not be considered. Such terms and conditions may result in disqualification of the Bid.

12. DISPUTE RESOLUTION

To the extent that Chapter 2260, Texas Government Code is applicable to this Agreement, the dispute resolution process provided in Chapter 2260, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TFS and CONTRACTOR to attempt to resolve any claim for breach of contract made by CONTRACTOR that cannot be resolved in the ordinary course of business. CONTRACTOR shall submit written notice of a claim of breach of contract under this Chapter to the Contracts Officer of TFS, who shall examine CONTRACTOR’s claim and any counterclaim and negotiate with CONTRACTOR in an effort to resolve the claim. This provision and nothing in this Agreement waives TFS’s sovereign immunity to suit or liability, and TFS has not waived its right to seek redress in the courts.

13. PUBLIC DISCLOSURE

CONTRACTOR acknowledges that TFS is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law. Upon TFS’s written request, and at no cost to TFS, CONTRACTOR will promptly provide specified contracting information exchanged or created under this Agreement for or on

Terms and Conditions behalf of TFS to TFS in a non-proprietary format acceptable to TFS that is accessible by the public. CONTRACTOR acknowledges that TFS may be required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and CONTRACTOR agrees that this Agreement can be terminated if CONTRACTOR knowingly or intentionally fails to comply with the requirements of that subchapter.

14. REHAB ACT, VEVRAA, SECTION 503

This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60- 1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibits discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

15. CONFLICT OF INTEREST

By executing this Agreement, Contractor and each person signing on behalf of Contractor certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no TFS of The A&M System or The A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The A&M System, has direct or indirect financial interest in the award of this Agreement, or in the services to which this Agreement relates, or in any of the profits, real or potential, thereof.

16. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISREAL

Prohibition on Contracts with Companies Boycotting Israel. To the extent that Texas Government Code, Chapter 2270 applies to this Agreement, CONTRACTOR certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of this Agreement. CONTRACTOR acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

17. CERTIFICATION REGARDING BUSINESS WITH CERTAIN COUNTRIES AND

ORGANIZATIONS

Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement may be terminated if this certification is inaccurate.

Terms and Conditions

18. PROHIBITION ON CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN

TRAFFICKING

Under Section 2155.0061, Government Code, the Contractor certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

19. Respondent certifies that pursuant to Executive Order GA-48, Hardening of State Government, Respondent is not and, if applicable, none of its holding companies or subsidiaries are a) listed in Section 889 of the 2019 National Defense Authorization Act (“NDAA”) regarding telecommunications and video surveillance; b) listed in Section 1260H of the 2021 NDAA regarding Chinese military companies in the US; c) 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 (“15 C.F.R. § 791.4 List”); or d) controlled by any governing or regulatory body located in a country on the 15 C.F.R. §

791.4 List. Respondent acknowledges that a false certification is grounds for immediate termination of any resulting contract or purchase order with no further obligation on the part of A&M System.”

20. ACCESS BY INDIVIDUALS WITH DISABILITIES

Contractor represents and warrants that the goods and services provided hereunder comply with the accessibility requirements in Title 1, Chapters 206 and 213 of the Texas Administrative Code and Title II of the Americans with Disabilities Act and the technical standards set forth in the Web Content Accessibility Guidelines 2.1, level AA (available at https://www.w3.org/TR/WCAG21), as published by the Web Accessibility Initiative of the World Wide Web Consortium (the “Accessibility Warranty”). Contractor shall promptly respond to and use commercially reasonable efforts to resolve and remediate any noncompliance with the Accessibility Warranty.

In the event that Contractor fails or is unable to do so, Texas A&M Forest Service may immediately terminate this Agreement, and Contractor will refund to Texas A&M Forest Service all amounts paid by Texas A&M Forest Service under this Agreement within thirty (30) days following the effective date of termination.

21. STATE AUDITOR’S OFFICE

CONTRACTOR understands that acceptance of funds under this Agreement constitutes acceptance of the authority of the Texas State Auditor’s Office, or any successor agency (collectively, “Auditor”), to conduct an audit or investigation in connection with those funds pursuant to Section 51.9335(c), Texas Education Code.

CONTRACTOR agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested.

CONTRACTOR will include this provision in all contracts with permitted subcontractors.

Terms and Conditions

22. PAYMENT OF DEBT OR DELINQUINCY TO THE STATE

Pursuant to Sections 2107.008 and 2252.903, Texas Government Code, CONTRACTOR agrees that any payments owing to CONTRACTOR under this Agreement may be applied directly toward certain debts or delinquencies that CONTRACTOR owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full.

23. LOSS OF FUNDING

Performance by TFS under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the “Legislature”). If the Legislature fails to appropriate or allot the necessary funds, TFS will issue written notice to CONTRACTOR and TFS may terminate this Agreement without further duty or obligation hereunder. CONTRACTOR acknowledges that appropriation of funds is beyond the control of TFS. In the event of a termination or cancellation under this Section, TFS will not be liable to CONTRACTOR for any damages that are caused or associated with such termination or cancellation.

24. EXPORT CONTROLS

The following provision applies if contractor is a U.S. entity. Each Party shall comply with U.S. export control regulations. If either Party desires to disclose to the other Party any information, technology, or data that is identified on any U.S. export control list, the disclosing Party shall advise the other Party at or before the time of intended disclosure and may not provide export-controlled information to the other Party without the written consent of the other Party. CONTRACTOR certifies that none of its personnel participating in the activities under this Agreement is a “restricted party” as listed on the Denied Persons List, Entity List, and Unverified List (U.S. Department of Commerce), the Debarred Parties Lists (U.S. Department of State), the Specially Designated Nationals and Blocked Persons List (U.S.

Department of Treasury), or any similar governmental lists.

The following provision applies if contractor is not a U.S. entity. TFS is subject to United States laws and regulations controlling the export of technical data, software, laboratory prototypes, and other commodities, and its obligations under this Agreement are contingent on compliance with applicable laws and regulations.

The transfer of certain technical data and commodities may require a license from the cognizant agency of the United States government or written assurances by CONTRACTOR that CONTRACTOR will not export data or commodities to certain countries without advance approval of that agency. TFS neither represents that a license will not be required nor that, if required, it will be issued. CONTRACTOR

Terms and Conditions shall comply with all applicable export laws and regulations and may not export or allow the export or re-export of commodities or technical data in violation of those laws or regulations. CONTRACTOR certifies that none of its personnel participating in the activities under this Agreement is a “restricted party” as listed on the Denied Persons List, Entity List, and Unverified List (U.S. Department of Commerce), the Debarred Parties Lists (U.S. Department of State), the Specially Designated Nationals and Blocked Persons List (U.S. Department of Treasury), or any similar governmental lists.

25. REFUND OF DEPOSIT/PREPAYMENT

In the event this Agreement is canceled and/or terminated by CONTRACTOR for reason not attributable to TFS or if canceled and/or terminated by TFS for default of performance by CONTRACTOR, then within thirty (30) days after cancellation and/or termination, CONTRACTOR will reimburse TFS for all advance payments paid by TFS to CONTRACTOR that were (a) not earned by CONTRACTOR prior to cancellation and/or termination, or (b) for goods or services that the TFS did not receive from CONTRACTOR prior to cancellation and/or termination.

26. FRANCHISE TAX CERTIFICATION

If CONTRACTOR is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then CONTRACTOR certifies that it is not currently delinquent in the payment of any franchise (margin) taxes or that CONTRACTOR is exempt from the payment of franchise (margin) taxes.

27. PRIOR EMPLOYMENT

CONTRACTOR acknowledges that Section 2252.901, Texas Government Code, prohibits TFS from using state appropriated funds to enter into an employment contract, a professional services contract under Chapter 2254, or a consulting services contract under Chapter 2254 with individual who has been previously employed by TFS during the twelve (12) month period immediately prior to the effective date of the Agreement. If CONTRACTOR is an individual, by signing this Agreement, CONTRACTOR represents and warrants that it is not a former or retired employee of TFS that was employed by TFS during the twelve (12) month period immediately prior to the effective date of the Agreement.

28. CONFLICT OF INTEREST

CONTRACTOR certifies, to the best of their knowledge and belief, that no TFS of the A&M System Board of Regents, or any officer of TFS or the A&M System, has a direct or indirect financial interest in CONTRACTOR or in the transaction that is the subject of the Agreement.

Terms and Conditions

29. NOT ELIGIBLE FOR REHIRE

CONTRACTOR is responsible for ensuring that its employees involved in any work being performed for TFS under this Agreement have not been designated as “Not Eligible for Rehire” as defined in A&M System policy 32.02, Discipline and Dismissal of Employees, Section 4 (“NEFR Employee”). In the event TFS becomes aware that CONTRACTOR has a NEFR Employee involved in any work being performed under this Agreement, TFS will have the sole right to demand removal of such NEFR Employee from work being performed under this Agreement. Non-conformance to this requirement may be grounds for termination of this Agreement by TFS.

30. USE OF NAME

Each Party acknowledges that all rights in any trademarks, service marks, slogans, logos, designs, and other similar means of distinction associated with that Party (its “Marks”), including all goodwill pertaining to the Marks, are the sole property of that Party. Neither Party may use the Marks of the other without the advance written consent of that Party, except that each Party may use the name of the other Party in factual statements that, in context, are not misleading.

31. INDEPENDENT CONTRACTOR

Notwithstanding any provision of this Agreement to the contrary, the Parties hereto are independent contractors. No employer-employee, partnership, agency, or joint venture relationship is created by this Agreement or by CONTRACTOR’s service to TFS. As an independent contractor, CONTRACTOR is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to workers’ compensation insurance. Except as specifically required under the terms of this Agreement, CONTRACTOR (and its representatives, agents, employees and subcontractors) will not represent themselves to be an agent or representative of TFS or the A&M System.

32. NON-ASSIGNMENT

CONTRACTOR shall neither assign its rights nor delegate its duties under this Agreement without the prior written consent of TFS.

33. REPRESENTATIONS & WARRANTIES

If CONTRACTOR is a business entity, CONTRACTOR warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and

Terms and Conditions deliver this Agreement, and the individual executing this Agreement on behalf of CONTRACTOR has been duly authorized to act for and bind CONTRACTOR.

34. FORCE MAJEURE

Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement if and to the extent such failure or delay is caused by or results from causes beyond the affected Party’s reasonable control, including, but not limited to, acts of God, strikes, riots, flood, fire, epidemics, natural disaster, embargoes, war, insurrection, terrorist acts or any other circumstances of like character; provided, however, that the affected Party has not caused such force majeure event(s), shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed.