ESBD_481301_1767970588860_771-Trans-26-B0001 12.10.2025 Version 2.doc

TEXAS SCHOOL F/T BLIND & VISUALLY IMPAIRED

INVITATION FOR BIDS

Solicitation #:

771-TRANS-26-B001

Bid Closing Date:

February 6, 2026

NIGP Class/Item Code #:

071-15, 071-16

AGENCY TO INVOICE

Texas School f/t Blind & Visually Impaired

1100 West 45th Street

Austin, TX 78756

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE

SAME AS ABOVE

Authorized Signature:

Date:

RETURN BIDS TO

Villegasc@tsbvi.edu

INSTRUCTIONS

Each bid must be submitted in a separate email, notating the IFB number (notate bid #, if submitting more than one bid) in the subject line.

Bidder agrees to comply with all conditions of this solicitation.

REQUIRED BIDDER INFORMATION

Texas ID Number:

Name of Business:

Street Address:

City/State/ZIP:

Respondent’s Name:

Telephone No.:

Email Address:

All communications and questions concerning this solicitation, including any of a technical nature, shall be made in writing to the TSBVI POC referenced in the SOLICITATION SCHEDULE, Section 1 on page 2.

Respondents are specifically barred from making contact with any user department personnel, including TSBVI Board Members, involved in this solicitation for the purpose of discussing this solicitation. Violation may result in Respondent’s disqualification.

1. SOLICITATION SCHEDULE: The published schedule indicates the solicitation events. Dates are subject to change.

EVENT

DATE

Bid posting

1.9.26 Posted to the Electronic State Business Daily (ESBD). Respondent’s failure to periodically check the ESBD will not release the selected contractor from adhering to all addenda or additional information resulting in additional cost to meet the requirements of the IFB.

Bid Intentions- Notify TSBVI if it is to expect a bid response from your company. REQUIRED

1.16.26- Due by 2:00PM Central. Email bid submission intentions to Villegasc@tsbvi.edu. Subject line to read Bid Intention IFB 771-TRANS-26-B0001.

Questions Due

1.16.26- Due by 2:00PM Central. Email Questions to Villegasc@tsbvi.edu. Subject line to read Questions IFB 771-TRANS-26-B0001. Any questions received after this date and time will not be considered. TSBVI reserves the right to respond to questions as seen fit.

Answers Posted to ESBD

1.21.26 Q&A responses, if any, will be posted to the ESBD It is the responsibility of the Respondent to check the responses.

Bid Closes

2.6.26 – Due by 2:00PM Central. Email the bid to Villegasc@tsbvi.edu. Subject line to read BID 771-TRANS-26-B0001SUBMISSION. Bids received after date and time will not be considered.

Evaluation

2.7- 12.26 Internal process.

Award with contract

Estimated date 3.1.26. Notice would come from TSBVI POC, Cyrenna B. Villegas, Villegasc@TSBVI.EDU

2. INTRODUCTION:

Texas School for the Blind and Visually Impaired (TSBVI) is currently seeking bids for the purchase of one 31 seat school bus with wheelchair lift. Requirements are outlined in the SPECIFICATION section 3. The resulting contract shall be governed by the attached standard terms and conditions unless specifically modified in the request for bid document. Conditions of bid that include the word “must” or “shall,” describe a mandatory requirement.

All Bid responses will furnish applicable lead times (ARO), parts and materials costs, and labor and delivery costs. Bid responses must also include a 60-day validity statement. Bus must be fully operational upon delivery. TSBVI’s Director of Procurement will perform the acceptance inspection.

3. SPECIFICATIONS shall meet or exceed the following:

3.1. Example: 31-Passenger, 2026 Integrated Conventional School Bus or TSBVI approved equivalent.

3.1.1. Quantity: One (1)

3.1.2. Must be classified as a Type C Bus Type.

3.1.3. Must be classified as 31 passengers.

3.1.4. Minimum wheelbase shall be 217 inches.

3.1.5. Minimum GVWR shall be 29,800 lbs.

3.1.6. Transmission shall be automatic with a minimum 6-speed with double overdrive.

3.1.7. Engine must be diesel engine with approximately 240 maximum horsepower (HP) and 600 lb-ft Torque at 1600 RP.

3.1.8. Front non-driving axle must be a minimum of 10,000-lb capacity and be I-Beam type.

3.1.9. Rear single axle must be single reduction with approximately a minimum 19,800 lb. capacity.

3.1.10. Rear single air suspension shall have a 23,000 lb. capacity and 11.13” minimum ride height with shock absorbers.

3.1.11. Fuel tank shall have a minimum sixty-five (65) gallon and maximum seventy (70) gallon capacity.

3.1.12. Front tire size shall be 255/70R22.5, quantity: 3 (includes spare).

3.1.13. Rear tire size shall be 255/70R22.5, quantity: 4.

3.1.14. Paint colors shall be White and Maroon or Black Non-Reflective.

3.1.15. Must have an electronic hand control throttle.

3.1.16. Gauge cluster must include an electronic tachometer.

3.1.17. Shall not include a front crossing gate.

3.1.18. Brakes must have air dryer with heater.

3.1.19. Brakes must have an automatic drain valve with heater for air tank.

3.1.20. Engine exhaust brake must be for ISB/B6.7/ISL/L9 engine with variable vane turbo charger tail pipe or TSBVI approved equivalent.

3.1.21. Exterior lighting shall be Sound Off / OptiLuxx LED lights or TSBVI approved equivalent.

3.1.22. Light bars shall be made from plastic or similar material.

3.1.23. Must be provided with a full-size spare wheel and tire equal to model standard.

3.1.24. Seating must be equipped with BTI seating system integrated child restraint or TSBVI approved equivalent.

3.1.25. Power source VDC must be mounted in dash.

3.1.26. Must be equipped with speed governor set to 65 miles per hour (mph).

3.1.27. Must be equipped with defrost kit.

3.1.28. Must be equipped with a minimum 126K BTU air conditioning in the front, rear, mid and dash areas of the bus.

3.1.29. Must have at least nine (9) Angel Trax 12 channel camera system or TSBVI approved equivalent.

3.1.30. Must have tinted windows.

3.1.31. Must contain compartment for luggage.

3.1.32. Must contain interior left and right overhead luggage racks.

3.1.33. Must be equipped with transit-style carpet and sound reduction.

3.1.34. Must have the following Special Needs equipment:

3.1.34.1. Wheelchair lift with restraints.

3.1.34.2. Two rows of removable seats.

3.1.34.3. Front entrance door rail for assistance.

4. Any part of components not specifically mentioned, but are required to provide a complete operating unit, or which are standard for the model offered, must be included.

5. TEXAS DEPARTMENT OF PUBLIC SAFETY: Items must meet or exceed the minimum specific requirements for school buses for the state of Texas, set forth in the 2018 Texas School Bus Specification document, effective July 30, 2018.

Texas Specifications for School Buses

6. FEDERAL MOTOR VEHICLE SAFETY STANDARDS: Items must meet all applicable Federal Motor Vehicle Safety Standard.

7. QUANTITIES: Quantities listed are projected order quantities. TSBVI reserves the right to alter the quantities prior to award depending on bid responses and budget constraints.

8. HUB SUBCONTRACTING: TSBVI has determined that there are no probable HUB subcontracting opportunities for this solicitation.

9. AWARD: Any and all contracts resulting from this solicitation will be awarded based on the most responsive offer whose bid provides the best value to the State.

10. ADDITIONAL BID REQUIREMENTS:

Quote Response must include:

1) Warranty information.

2) Estimated delivery days after order ARO.

3) All deliveries are FOB Destination

· Weekends and holidays excepted, deliveries shall be F.O.B. Destination, to the location shown below. The term "F.O.B. Destination," as used in this clause, means free of expense to the Issuing Agency and delivered to the location specified. Delivery shall be made between 7:30 a.m. and 3:00 p.m., Monday through Friday, except holidays observed by the State of Texas. Contract Items shall be delivered to the addresses indicated below and in accordance with the following Delivery Schedule:

· Delivery Address:

Texas School for the Blind and Visually Impaired

1100 West 45th Street

Austin, Texas 78756

· Delivery Scheduling Point of Contact:

Christopher Pfeffer

Pfefferc@tsbvi.edu 512.206.9321

BID INSTRUCTIONS:

Bidders are cautioned to carefully read the solicitation schedule, specification(s), instructions and incorporated Standard Terms and Conditions. Bidders may submit any exceptions therein on a separate sheet of paper listing item, issue and the recommended change. Exceptions must be submitted WITH the Bid package, those submitted outside of the package will not be considered. TSBVI reserves the right accept, negotiate or reject exceptions. Note that TSBVI is a Texas State Agency governed by the statutes and procurement methodologies as set forth by the state and possesses little latitude to modify state required terms and condition provisions.

11.1 Compile a Respondent Bid package including:

· Signed copy of the IFB. Signatures are required on page 1 and 11.

· Bidders quote, marked valid for 60 days.

· Respondents must provide two (2) references in providing like commodity within the last 2 years. References must include a current contact name, email and contact number.

· Respondents must submit a completed and signed TSBVI Respondent Onboarding Package (W9, Direct Deposit and Application for Texas identification Form -AP152). The TSBVI Respondent Onboarding Package is posted to the ESBD. Any bid submitted that does not contain a completed and signed package is subject to disqualification.

· Respondents must submit a current Certificate of Insurance to be considered for award.

Certificate of Insurance:

A. Contractor shall procure and maintain the below minimum insurance for the entire duration of service performance.

Employer’s Liability

Bodily Injury by Accident $500,000 Ea. Accident

Commercial General Liability

General Aggregate Applies Per Project $1,000,000 Bodily Injury & Property Damage – Each Occurrence

$1,000,000 Aggregate Limit

$1,000,000 Personal Injury & Advertising Liability

$1,000,000 Products / Completed Operations Aggregate Limit

$5,000 Medical Expense per person

Automobile Liability

All Owned, Hired and Non-Owned Vehicles $1,000,000 Combined Single Limit

B. Policy must contain additional insured endorsement stating Texas School for the Blind and Visually Impaired and employees are listed as an additional insured and loss payee.

C. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor must provide to TSBVI, a certificate of insurance as proof that the required insurance is in full effect. Certificate of Insurance is subject to approval by authorized TSBVI personnel.

D. Any bid submitted without proof of insurance is subject to disqualification.

11.2 Respondent must mark any portion of the quote response CONFIDENTIAL as necessary, otherwise all portions of the response will be subject to Public Record. Marking the entire response CONFIDENTIAL is unacceptable and may result in the bid being disqualified.

11.3 Return the entire bid package and bid response to the TSBVI POC via method and date as indicated on the SOLICITATION SCHEDULE, Section 1, page 2.

SECTION III – STANDARD TERMS AND CONDITIONS

May 2025

(ITEMS BELOW APPLY TO AND BECOME PART OF THE CONTRACT)

1.

BIDDING REQUIREMENTS:

1. Respondents must comply with all rules, regulations and statutes relating to purchasing in the State of

Texas, in addition to the requirements of this form.

2. Bids/proposals should be submitted on this form. Respondents must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the Respondent to establish formal linkage to the bid.

3. Bids/proposals must be time stamped at Texas School for the Blind and Visually Impaired (TSBVI) on or before the hour and date specified for the bid opening. This will be achieved by the date and time stamp of electronic bid submission.

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

5. Bids/proposals are requested to be firm for TSBVI acceptance for 60 days from bid due date. "Discount from list" bids/proposals are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

2.

SPECIFICATIONS:

1. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids/proposals on brands of like nature and quality will be considered unless advertised under

§2155.067, Texas Government Code (Gov't Code). If bidding on other than referenced products, bid should show manufacturer, brand or trade name, and other description of product offered. If other than referenced product specified is offered, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

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

3. Electrical Items: All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from Underwriters Laboratory (UL), Factory Mutual Resource Corporation (FMRC), or

National Electrical Manufacturers Association (NEMA).

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

5. TSBVI will not be bound by any oral statement or representation contrary to the written specifications of this

Invitation for Bid (IFB).

6. Warranty: Manufacturer's standard warranty shall apply unless otherwise stated in the IFB specifications.

3.

TIE BIDS/PROPOSALS: Awards will be made in accordance with 34 TAC Rules 20.36(b)(3) and 20.38.

4.

DELIVERY:

1. Number of days required to place material in receiving agency’s designated location under normal conditions shall be listed on bid/proposal response. Delivery days are defined as calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver within fourteen (14) days.

Unrealistic delivery promises may cause bid to be disregarded.

2. If delay is foreseen, Respondent shall give written notice to the TSBVI. Vendor must keep TSBVI advised at all times of status of order.

3. Default in promised delivery, without accepted written notice or failure to meet specifications authorizes the

TSBVI to purchase the goods and/or services of this solicitation elsewhere and charge any increased costs for the goods and/or services, including the cost of rebidding to the Respondent.

4. No substitutions permitted without written approval of TSBVI’s Purchasing department.

5. Delivery shall be made during normal working hours only unless prior written approval has been obtained from the TSBVI.

5.

INSPECTIONS AND TESTS: All goods will be subject to inspection and test by the State upon delivery. All costs shall be borne by the Respondent 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 Respondent or held for disposition at Respondent’s expense. Latent defects may result in revocation of acceptance.

6.

AWARD: A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids/proposals do not become contracts until they are accepted through an open market purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of

Texas. The factors listed in §§2155.074, 2155.144, 2156.007, and 2157.003, TX Gov't Code, shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

7.

PATENTS, TRADEMARKS, AND/OR COPYRIGHTS: Respondent agrees to defend and indemnify the TSBVI and State of Texas from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, and/or other proprietary rights arising out of the TSBVI’s or the State’s use of any goods and/or services provided by the Respondent as a result of this solicitation.

8.

ASSIGNMENT: Respondent shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from TSBVI. Any attempted assignment in violation of this

Section is void and without effect.

9.

NO QUANTITY GUARANTEES: TSBVI makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the contract.

10. PROMPT PAYMENT: Payment shall be made in accordance with Chapter 2251 of the Texas Government

Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment.

11. TAXES: Purchases made for State of Texas use are exempt from the State Sales Tax and Federal Excise Tax.

TSBVI will furnish Tax Exemption Certificates upon request. Respondent represents and warrants that it shall pay all taxes or similar amounts resulting from the contract, including, but not limited to, any federal, state, or local income, sales or excise taxes of respondent or its employees. TSBVI shall not be liable for any taxes resulting from the contract.

12. Bidder/Respondent Affirmations:

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

Respondent. The successful contractor hereby assigns to the TSBVI all of Respondent’s rights, title and interest in and to all claims and causes of action Respondent may have under the antitrust laws of Texas or the United States for overcharges associated with this solicitation or any resulting contract. Texas Gov’t

Code § 2155.005.

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

3. CHILD SUPPORT OBLIGATION: Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate in addition to other remedies set out in 231.006(f).

Furthermore, any respondent subject to §231.006, Texas Gov't Code, must include names and Social

Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award. Enter the Name & Social Security Numbers for each person below:

Name:

Social Security Number:

Name:

Social Security Number:

Name:

Social Security Number:

Name:

Social Security Number:

4. CRITICAL INFRASTRUCTURE: Pursuant to Government Code Section 2275.0102, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2275.0103, or (2) headquartered in any of those countries.

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

6. DEBTS AND DELINQUENCIES: Respondent acknowledges and agrees that, to the extent Respondent owes any debt including, but not limited to, delinquent taxes, delinquent student loans, and child support owed to the State of Texas, any payments or other amounts Respondent is otherwise owed under the contract may be applied toward any debt Respondent owes the State of Texas until the debt is paid in full.

These provisions are effective at any time Respondent owes any such debt or delinquency

7. EXECUTIVE HEAD OF STATE: Under Section 669.003 of the Texas Government Code, Respondent certifies that it does not employ, or has disclosed its employment of, any former executive head of TSBVI.

Respondent must provide the following information in the response.

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Respondent:

Date of Employment with Respondent:

8. FINANCIAL PARTICIPATION PROHIBITED: Under §2155.004(b) of the Texas Government Code, the respondent certifies that the individual or business entity named in this bid response or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate

9. TEXAS BIDDER/RESPONDENT: Respondent certifies that if a Texas address is shown as the address of the Respondent on this response, respondent qualifies as a Texas Bidder as defined in Section

2155.444(c) of the Texas Government Code.

13. ASSIGNMENT: Respondent shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from the TSBVI. Any attempted assignment in violation of this provision is void and without effect.

14. CLOUD COMPUTING STATE RISK AND AUTHORIZATION MANAGEMENT PROGRAM (TX-RAMP):

Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, respondent represents and warrants that it complies with the requirements of the state risk and authorization management program and Respondent agrees that throughout the term of the contract it shall maintain its certifications and comply with the program requirements in the performance of the contract.

15. COMPUTER EQUIPMENT RECYCLING PROGRAM: Respondent certifies its compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality rules in

30 TAC Chapter 328.

16. CONTRACTING INFORMATION RESPONSIBILITIES: In accordance with Section 552.372 of the Texas

Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the TSBVI for the duration of the contract, (2) promptly provide to the TSBVI any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TSBVI, and (3) on termination or expiration of the contract, either provide at no cost to the TSBVI all contracting information related to the contract that is in the custody or possession of the Respondent or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the TSBVI. Except as provided by Section 552.3749c) of the Texas

Government Code, the requirements of Subchapter J, Chapter 552, government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

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

18. CYBERSECURITY TRAINING: Respondent represents and warrants that it will comply with the requirements of section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program.

19. DATA MANAGEMENT AND SECURITY CONTROLS: In accordance with Section 2054.138 of the Texas

Government code, Respondent certifies that it will comply with the security controls required under this contract and will maintain records and make them available to TSBVI as evidence of Respondent’s compliance with the required controls.

20. DISASTER RECOVERY PLAN: In accordance with 13 TAC § 6.94(a)(9), Respondent shall provide to TSBVI the descriptions of its business continuity and disaster recovery plans.

21. DISCLOSURE OF PRIOR STATE EMPLOYMENT: In accordance with Section 2254.033 of the Texas

Government Code, relating to consulting services, Respondent certifies that it does not employ an individual who has been employed by TSBVI or another agency at any time during the two years preceding the submission of the response or, in the alternative, Respondent has disclosed in its response the following: (i) the nature of the previous employment with TSBVI or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

22. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of the Texas

Government Code must be used to attempt to resolve any dispute arising under the contract.

23. ENERGY COMPANY BOYCOTTS: If Respondent is required to make a verification pursuant to Section

2276.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the contract. If Respondent does not make that verification, Respondent must so indicate in its response and state why the verification is not required.

24. ENTITIES THAT BOYCOTT ISRAEL: If respondent is required to make a certification pursuant to Section

227.001 of the Texas Government Code, Respondent certifies that Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Respondent does not make that certification, Respondent must indicate that in its response and state why the certification is not required.

25. E-VERIFY PROGRAM: Respondent certifies that for contracts for services, Respondent shall utilize the U.S.

Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibly of:

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

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

26. EXCESS OBLIGATIONS PROHIBITED: The contract is subject to termination or cancellation, without penalty to TSBVI, either in whole or in part, subject to the availability of state funds.

27. EXCLUDED PARTIES: Respondent certifies that it is not listed in the prohibited vendors list authorized by

Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

28. EXECUTIVE ORDER GA-48: Respondent certifies that it, nor its holding companies or subsidiaries, is:

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

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

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

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

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

30. FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION: If Respondent is required to make a certification pursuant to Section 274.002 of the Texas Government code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its bid/proposal response and state why the verification is not required.

31. FORCE MAJEURE: Neither Respondent nor TSBVI shall be liable to the other for any delay in, or failure of performance, of any requirement included in the contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome.

32. FOREIGN TERRORIST ORGANIZATIONS: Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas

Government Code.

33. FORMER AGENCY EMPLOYEES: Respondent represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were former employees of the TSBVI during the twelve (12) month period immediately prior to the date of execution of the contract.

34. GOVERNING LAW AND VENUE: The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflict of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statue which directly names or otherwise identifies its applicability to the TSBVI.

35. HUMAN TRAFFICKING PROHIBITION: Under Section 2155.0061 of the Texas Government code, the

Respondent certifies that the individual or business entity named in this response or contract is not ineligible to receive the specific contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

36. INDEMNIFICATION: RESPONDENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF

TEXAS AND TSBVI, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,

CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION

OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE

CONTRACT. THE DEFENSE SHALL BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE

TEXAS ATTORNEY GENREAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY

LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING

THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT AND

TSBVI AGREE TO FURNISH TIMELY WRITTEN NOTICE TO TEACH OTHER OF ANY SUCH CLAIM.

37. INDEPENDENT CONTRACTOR: Respondent acknowledges and agrees that it is furnishing products and services in the capacity of an independent contractor and that Respondent and its personnel are not employees of the TSBVI or the State of Texas.

38. NATIONAL ANTHEM VERTIFICATION: If Respondent is a professional sports team as defined by Section

2004.002 of the Texas Occupations code, Respondent will play the United States national anthem at the beginning of each team sporting event held at the Respondent’s home venue or other venue controlled by

Respondent for the event. Failure to comply with this obligation constitutes a default of this contract, and immediately subjects Respondent to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Respondent may be debarred from contracting with the State. The

TSBVI or the Attorney General may strictly enforce this provision.

39. NO CONFLICTS OF INTEREST: Respondent represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

40. NO THIRD-PARTY GUARANTEES: The contract is made solely and specifically among and for the benefit of the parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the contract as a third party beneficiary or otherwise.

41. PRIOR DISASTER RELIEF CONTRACT VIOLATION: Under Section 2155.006 and 2261.053 of the Texas

Government Code, the Respondent certifies that the individual or business entity named in this response or contract is not ineligible to receive the specific contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

42. PROTEST PROCEDURES: Any Respondent who is aggrieved in connection with this solicitation, evaluation, or award or any contract resulting from this solicitation may formally protest as provided in TSBVI’s rules at 34 Texas

Administrative Code, Rule § 20.534.

43. PUBLIC INFORMATION ACT: Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas

Government Code (the “Public Information Act”). In accordance with Section 2252.907 of the Texas Government

Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge or the State.

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

45. STANDARD OF CARE FOR ARCHITECTURAL AND ENGINEERING CONTRACTS: Pursuant to Section

2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas

Local Government Code, Respondent shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

46. STATE AUDITORS RIGHT TO AUDIT: The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract.

The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Texas

Gov’t Code § 2262.154

47. SUBCONTRACTORS: Respondent may not subcontract any or all of the work and/or obligations due under the contract without prior written approval of the TSBVI. Subcontracts, if any, entered into by the Respondent shall be inwriting and be subject to the requirements of the contract. Should Respondent subcontract any of the services required in the contract, respondent expressly understands and acknowledges that in entering into such subcontract(s), TSBVI is in no manner liable to any subcontractor(s) of Respondent. In no event shall this provision relieve Respondent of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the contract.

48. SUSPENSION AND DEBARMENT: Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred

Vendor list maintained by the Texas Comptroller of Public Accounts and the System of Award Management

(SAM) maintained by the General Services Administration.

49. TECHNOLOGY ACCESS CLAUSE: Respondent expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairment. Accordingly, Respondent represents and warrants to Agency that the technology provided to Agency for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of

1. Providing equivalent access for effective use by both visual and non-visual means.

2.

Presenting information, including prompts used for interactive communications, in formats intended for nonvisual use; and 3.

Being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this Section, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance.

In accordance with Title I, Chapter 213, Subchapter B of the Texas Government Administrative Code, the

Technology Access Clause contract provision remains in effect for any contract entered into before September

1, 2006.

50. TELEVISION EQUIPMENT RECYCLING PROGRAM: Respondent certifies its compliance with Subchapter Z, Chapter 361 of the Texas Health & Safety Code, related to the Television Equipment Recycling Program. TX

Health & Safety Code § 361.991(c)

51. TERMS AND CONDITIONS ATTACHED TO RESPONSE: Any terms and conditions attached to a response will not be considered unless specifically referred to in the response. TX Gov’t Code § 2155.444(c) Respondent also recognizes that this invitation for bids is not an order. If awarded, Respondent will receive a purchase order from the TSBVI purchaser, or a procurement card payment from TSBVI authorized staff.

RESPONDENT COMPANY NAME:

I recognize that this BID RESPONSE is not valid unless signed.

The undersigned certifies that I (they) am duly authorized to submit this Invitation for Bids (IFB) and if accepted by TSBVI may execute a contract on my own behalf or on the behalf of the Respondent listed. TEX GOVT CODE § 2155.0012

SIGNATURE AUTHORITY: By submitting the Response, Respondent represents and warrants that the individual submitting this document, and the documents made part of this Response is authorized to sign such documents on behalf of the Company and to bind the Company under any contract that may result from the submission of this Response. TEX GOVT CODE § 2155.0012.

Printed Name (First, Middle, and Last) Title Signature Date Email

Contact #

By signing this bid, Respondent certifies that if a Texas address is shown as the address of the bidder, Respondent qualifies as a Texas bidder as defined in Section 2155.444(c) of the Texas Government Code.

FAILURE TO Manually SIGN WILL DISQUALIFY BID.

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT FOR GOODS/SERVICES PURCHASED AGAINST CONTRACT AWARDS. THE FEDERAL EMPLOYERS IDENTIFICATION NUMBER (EIN) WILL BE USED TO ESTABLISH A PAYEE ID NUMBER:

Every Respondent MUST have an EIN prior to receiving payment under an awarded contract. This is being required in an effort to minimize identity theft. For information on obtaining your EIN, you may call the IRS at 800-829-4933 or visit the following web site: � HYPERLINK "http://www.irs.gov/businesses/" �http://www.irs.gov/businesses/�

BID OPENING (

Solicitation NO. (771-TRANS-26-B0001

RESPONDENT

RESPONDENT ID

(RESPONDENT NAME)

INVITATION FOR BIDS

Texas School F/T Blind & Visually Impaired

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IFB 771-TRANS-26-B0001 2 OCTOBER 2025