ESBD_490403_1771431240446_IFB BWD padded cell.docx

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RETROFIT PADDED ROOM/CELL State and local contract opportunity
Solicitation number
Not on record
Issued by
Burleson County, Texas

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ESBD_490403_1771431240446_IFB BWD padded cell.docx Summary

This is an Invitation for Bids (IFB) issued by the Texas Juvenile Justice Department (TJJD) for retrofit work at Ron Jackson State Juvenile Correctional Facility in Brownwood, Texas. The project involves retrofitting two existing cells (RSU Pod 300, Cell 301 and RSU Pod 100, Cell 101) into padded cells. The scope of work includes saw-cutting concrete to install a 4-inch flushable floor drain, installing flushing-type floor drains with controls mounted outside the cell, repairing concrete and walls, and installing a minimum of 2-inch thick high-density foam padding covered in 14-ounce Class A-rated vinyl in Camel/Grey color on walls, floors, and doors. The padding must be fire-resistant, retardant, and nontoxic. Windows, doors, HVAC vents, lights, and fire sprinkler heads must remain usable. Bidders must provide a detailed list of materials and parts with their bids. The bid opening date is March 4, 2026, at 1:00 PM, with the requisition number RJSJCF-paddedcell. All bids must be submitted electronically via email to shande.vaughan@tjjd.texas.gov with the bid opening date and requisition number annotated in the subject line. Respondents must include signed bids on or before the opening date and time, with late or unsigned bids subject to disqualification. Background checks are required for all personnel entering the secure facility.

TJJD reserves the right to make awards based on best value or any combination serving the state's best interests and may reject any or all bid items. Bidders must be time-stamped on or before the opening deadline and must provide identification numbers (Payee ID, Federal EIN, or Social Security Number for sole proprietors) for payment processing. All prices must be firm for a minimum of 120 days from the bid submission deadline. Bids on materials of like nature and quality to those specified will be considered, and if substituting brands, bidders must provide manufacturer information and product descriptions. Delivery shall be made during normal working hours (Monday-Friday, 8:00 AM to 5:00 PM) unless prior approval is obtained. In the event of default or failure to perform in a timely manner, TJJD may assess liquidated damages equivalent to 2 percent of the total contract cost per calendar day of delay. Insurance requirements include workers' compensation and commercial general liability coverage with companies licensed in Texas holding an "A" rating from A.M. Best Co., with proof of coverage required within five business days of award. Purchases are exempt from state sales tax and federal excise tax, and the successful respondent is responsible for all applicable federal, state, and local taxes.

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IF NOT BIDDING, DO NOT RETURN THIS FORM

AGENCY TO INVOICE
When BIDDING, each bid must be emailed with the bid opening date and requisition number annotated in subject line of the email OR must be placed in a separate envelope with bid opening date and requisition number annotated immediately below return address on SEALED BID ENVELOPE.

Ron Jackson State Juvenile Correctional Facility

611 FM 3254

Brownwood, Texas 76801

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE

Ron Jackson State Juvenile Correctional Facility

Brownwood, Texas 76801

DELIVERY IN DAYS, CASH DISCOUNT % DAYS

Check below to claim a preference under 34 TAC Rule 20.306:

|_|Goods produced or offered by a Texas bidder that is owned by a Texas resident, service-disabled veteran
|_|Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident, service-disabled veteran
|_|Agricultural products grown in Texas
|_|Agricultural products offered by a Texas bidder
|_|Services offered by a Texas bidder that is owned by a Texas resident, service-disabled veteran
|_|Services offered by a Texas bidder that is not owned by a Texas resident, service-disabled veteran
|_|Texas vegetation native to the region
|_|USA-produced supplies, materials, or equipment
|_|Products of persons with mental or physical disabilities
|_|Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel
|_|Energy-efficient products
|_|Rubberized asphalt paving material
|_|Recycled motor oil and lubricants
|_|Products produced at facilities located on formerly contaminated property
|_|Products or services from economically depressed or blighted areas
|_|Vendors that meet or exceed air quality standards
|_|Recycled or reused computer equipment of other manufacturers
|_|Foods of higher nutritional value
|_|Commercial production company or advertising agency located in Texas

BID OPENING 4

Date and Time: 3/04/2026 1pm

REQUISITION NO. 4 RJSJCF-paddedcell

► FAILURE TO SIGN WILL DISQUALIFY BID ◄

AUTHORIZED SIGNATURE DATE

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

IF BIDDING, EMAIL BIDS TO:

►VENDOR ADDRESS AND IDENTIFICATION NUMBER◄

Invitation for Bids
TEXAS

JUVENILE JUSTICE DEPARTMENT

BSD-808 (12/25) page 3 of 3

The payee ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If this number is not known, complete the following:

Enter Federal Employer’s Identification Number

Sole owner should also enter Social Security Number

–
–

AWARD NOTICE: The State reserves the right to make an award on the basis of best value or in any other combination that will serve the best interests of the State and to reject any and all bid items in the sole discretion of the State. AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT FOR GOODS/SERVICES PURCHASED AGAINST PROCUREMENT AWARDS. THE FEDERAL EMPLOYER IDENTIFICATION NUMBER (EIN) WILL BE USED TO ESTABLISH A PAYEE ID NUMBER. In an effort to minimize identity theft, every company MUST have an Employer Identification Number (EIN), also known as a federal tax identification number prior payment under an awarded contract. For information on obtaining your EIN, you may call the IRS at 800-829-4933 or visit http://www.irs.gov/businesses/.

ITEM NO.
CLASS & ITEM
DESCRIPTION
QUANTITY
UNIT
MAKE/MODEL
UNIT PRICE
EXTENSION
1.
909-00
Retrofit existing cells into padded cells.
1
JOB
Scope of work to be performed by bidder:
Saw cut concrete to install 4" flushable floor drain
3' from wall that toilet was mounted on. Install flushable floor drain with switch (control) mounted inside pipe chase. (behind wall where toilet was mounted) Repair concreate and wall.
Plumbing: Must include flushing-type floor drains with controls located outside the cell.
Install padding on walls, floor and door. Floor padding is slope to the floor drain. Leave windows in wall, windows on door and HVAC vents usable. Lights are to be left uncovered as well as any fire sprinkler heads that may be in the room.
Padding: to be a minimum of 2" thick high density foam padding covered in 14oz Class A Rated vinyl (Camel/Grey) All padding is to be fire resistive/retardant and nontoxic material to protect the inmate from self-injury.

**PLEASE PROVIDE ALONG WITH BID a list of materials and parts you plan to use.

Ron Jackson State Juvenile Correctional Facility is a secure facility and everyone entering will have to have an approved background check completed before they can enter.**

Location: Ron Jackson State Juvenile Correctional Facility

Brownwood, Texas 76801 RSU, pod 300, Cell 301 (11' long wall, 7' back wall, 7' short wall) RSU, pod 100, Cell 101 (11' long wall, 7' back wall, 7' short wall)

Please contact, Shande Vaughan for questions. Return SIGNED bid to Shande Vaughan, via email shande.vaughan@tjjd.texas.gov

1. BID REQUIREMENTS.

1.1Bids must be time stamped on or before the hour and date specified for the bid opening on page 1, and respondent must sign page 1.
1.2Late and/or unsigned bids will not be considered under any circumstances. The person signing the bid must have the authority to bind the respondent in a contract.
1.3Respondents must comply with all rules, regulations, and statutes relating to purchasing in the State of Texas in addition to the requirements of this IFB.
1.4Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.
1.5Quote freight-on-board destination, freight prepaid, and allowed unless otherwise stated within the specifications.
1.6"Discount-from-list" bids are not acceptable unless requested. Cash discounts are not considered in determining the best value. Cash discounts offered will be taken if earned.
1.7Bids should give Texas Identification Number (Payee ID Number), full respondent name, and address of respondent on page 1. The Payee ID Number is the taxpayer number assigned and used by the Texas Comptroller of Public Accounts. If this number is not known, provide the Federal Employer Identification Number on page 1.
1.8For respondent that is a sole proprietor that does not have a Texas Identification Number or Federal EIN, enter the Social Security Number on page 1. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by respondent or respondent’s authorized agent. No bid can be withdrawn after opening time without approval by TJJD based on an acceptable written reason.
1.9Purchases made for TJJD’s use are exempt from the state sales tax and federal excise tax. TJJD will provide tax exemption certificates upon written 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. TJJD shall not be liable for any taxes resulting from the contract.
1.10TJJD will not reimburse for travel, meals, lodging, or other related expenses unless specifically provided for in the contract. In that event, such costs will be invoiced to TJJD based on actual expenses, and TJJD shall not be liable for reimbursement of expenses that (1) were not pre-approved in writing by TJJD; or (2) exceed the current State of Texas travel regulations. Receipts are required to validate invoicing.
1.11The following is applicable to “as needed” or “time and materials” contracts: successful respondent is not guaranteed any minimum amount.
1.12TJJD reserves the right to make an award on the basis of low line-item offer, low total of line items, or in any other combination that will serve the best interest of the State of Texas and to reject any and all offered items in the sole discretion of the State of Texas.
1.13TJJD reserves the right to accept or reject all or any part of any kind, waive minor technicalities, and award the contract to best serve the interests of the State of Texas.
1.14Awards will be made in accordance with Rule 34 TAC §20.207 and §20.306 (preferences). The factors listed in §§2155.074, 2156.007, and 2157.003, Government Code, shall also be considered in making an award when specified. Consistent and continued tie bids could cause rejection of bids by the TJJD and/or investigation for antitrust violations.
1.15Copyrighted bids are unacceptable and are subject to disqualification as non-responsive.
1.16Respondents are required to submit bids electronically via email in accordance with page 1.
1.17Inquiries pertaining to this IFB must refer to the IFB number and opening date and must be submitted to the contact set forth on page 1.
1.18With regard to pre-contract costs, respondent is responsible for all expenses related to the preparation and submission of a bid. TJJD shall pay no costs or other amounts incurred by any entity in responding to this IFB or incurred prior to the effective date of the contract.
2.SPECIFICATION.
2.1Catalogs, brand names, or manufacturer's references are descriptive only and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under §2155.067, Government Code. If offering on other than references, bid must show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified offered, illustrations and complete description of product offered are required 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.
2.2Unless otherwise specified, items shall be new and unused and of current production.
2.3All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC, or NEMA.
2.4Samples, when requested, must be furnished free of expense to TJJD. If not destroyed in examination, they will be returned to the respondent, upon request, at respondent's expense. Each sample should be marked with respondent’s name and address and the IFB number. Do not enclose in or attach bid to sample.
2.5TJJD will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.6Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
2.7TJJD will receive and successful respondent will convey to TJJD clear title, ownership, and licenses, whichever is applicable, to all requested items under the contract.
2.8Successful respondent will serve as an independent contractor under the contract.
2.9Successful respondent must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, §1706, amending §530 of the Revenue Act of 1978, dealing with issuance of form W-2s to respondent’s employees.
2.10Successful respondent will be responsible for payment of all taxes, including, but not limited to, state, federal, foreign, or local taxes, such as income tax, withholding tax, social security tax, pension contributions, and any other form of payroll or other taxes, for successful respondent and successful respondent’s employees. Further, purchases made by the State of Texas for its use are exempt from the State Sales Tax and Federal Excise Tax. TJJD will furnish tax exemption certificates upon request.
2.11Successful respondent represents and warrants that it shall obtain and maintain basic insurance (standard workers’ compensation insurance covering all individuals who will provide the services, commercial general liability, etc.) if it is coming on-site or if the contract is one that can generate third-party claims such as moving services, installation of equipment, etc. All coverages shall be with companies licensed in Texas with an “A” rating from A.M. Best Co. authorized to provide the coverage. No later than five business days following the award date, and on an annual basis thereafter, successful respondent shall furnish proof to TJJD of such coverage in the form of a certificate of insurance from successful respondent’s insurance carrier(s) indicating the required coverages. The certificate shall be addressed to TJJD as the certificate holder. Successful respondent shall submit proof of required insurance coverage via email, referencing the purchase order number, to the buyer handling the procurement.

SUCCESSFUL RESPONDENT SHALL INDEMNIFY TJJD AND PAY TO TJJD ALL COSTS, PENALTIES, LOSSES, AND OTHER AMOUNTS RESULTING FROM THE SUCCESSFUL RESPONDENT’S OMISSION OR BREACH OF THE ABOVE PARAGRAPH.

3. BID EVALUATION.

Evaluation of bids will begin as soon as practical after receipt. Evaluation adheres to the best value standard of §2155.074, Government Code. TJJD reserves the right in its sole judgment and discretion to reissue or withdraw the IFB at any time. As applicable, the factors listed in §§2155.075, 2156.007, and 2157.003, Government Code, shall also be considered in making an award. An early payment discount and the terms of the offer presented in the solicitation response will not be considered in the evaluation.

4. AWARD OF CONTRACT.

A response to this IFB is an offer to contract based upon the terms, conditions and specifications contained herein. Bids do not become contracts unless and until they are accepted by a purchase order issued by TJJD or a formal, written agreement signed by the parties. TJJD reserves the right to make any corrections or include additional requirements in the contract prior to issuance which are necessary for TJJD's compliance, as an agency of the State of Texas, with all state and federal requirements.

5.DELIVERY.
5.1Show 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 respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.
5.2Time is of the essence in the contract and accordingly time limits will be strictly construed and rigidly enforced. If delay is foreseen, respondent shall give written notice to TJJD. Respondent must keep TJJD advised at all times of status of order. Default on promised delivery (without accepted reasons) or failure to meet specifications authorizes TJJD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor.
5.3No substitutions permitted without written approval of TJJD.
5.4Delivery shall be made during normal working hours only (Monday through Friday, 8:00 am to 5:00 pm), unless prior approval has been obtained from TJJD.
5.5In addition to the complete destination address, each package must be clearly marked with the agency purchase order number as shown on the order. Each shipment must be accompanied by a packing slip referencing this information.

6. INSPECTION AND TESTS

Prior to contract award or payment, as applicable, requested samples may be subject to inspection and testing by TJJD. TJJD reserves the right to test requested samples or items prior to contract award and respondent will bear all costs of any testing. After contract award and prior to payment, TJJD may conduct acceptance testing on the requested items delivered under the contract. If so, TJJD will have up to days to conduct such testing. The services must meet all requirements and standards of performance of the contract, IFB and bid must comply with all published manufacturer or publisher specifications. If the delivered and/or installed requested items fail to meet or exceed the acceptance criteria or any other requirement of the contract, TJJD may refuse to accept the requested items. If TJJD refuses to accept the requested items, TJJD shall return such requested items at successful respondent’s sole expense. If the delivered, requested items meet or exceed all conditions and requirements of the contract, TJJD shall notify successful respondent in writing of acceptance no later than thirty days after receiving the samples or items being tested. TJJD reserves the right to revoke prior acceptance for, among other things, latent defects.

7. DAMAGES FOR FAILURE TO PERFORM.

In submitting a bid, respondent agrees that the measure of damages in the event of a default or breach by successful respondent may be difficult or impossible to calculate. In the event a successful respondent fails to perform services or complete the obligations under the contract in a timely manner, TJJD may require successful respondent to pay, as liquidated damages and not as a penalty, an amount equivalent to 2% of the total cost for services or obligations not completed as required by the contract per calendar day of delay. TJJD may impose, but is not obligated to impose, these liquidated damages in lieu of any monetary damages available to TJJD under the contract or applicable law.

8. PAYMENT.

Invoices must be submitted to the receiving entity and must indicate the vendor’s Texas Payee Identification Number. Invoice must show the receiving entity’s name, must correspond with the item(s) as numbered on the purchase order, shipment date of merchandise, applicable purchase order number, and date of purchase order. The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice.

9. PROMPT PAYMENT.

Payment and remedies for late payment and non-payment shall be made in accordance with the Texas Prompt Payment Act, Chapter 2251, Government Code. Generally, subject to several exceptions, Chapter 2251 requires payments to be made no later than 30 days after the later of the date goods are received, services are completed, or an undisputed invoice is received. Payments will be made to successful respondent as provided in Section III (part entitled “Provision for Direct Deposit or Warrant”).

10. PATENTS OR COPYRIGHTS.

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

11. RESPONDENT AFFIRMATIONS.

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

11.1Pursuant to §2155.003, Government Code, it 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 this IFB or the submitted bid.
11.2Respondent is not currently delinquent in the payment of any franchise tax owed the State of Texas under Chapter 171, Tax Code.
11.3In accordance with §2155.005, Government Code, neither respondent nor the firm, corporation, partnership, or institution represented by respondent, or anyone acting for such a firm, corporation, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws; or (2) communicated directly or indirectly the contents of this bid to any competitor or any other person engaged in the same line of business as respondent. Respondent assigns to TJJD 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 IFB or the contract.
11.4Pursuant to §2155.004(a), Government Code, neither respondent nor any person or entity represented by respondent has received compensation from TJJD to participate in the preparation of the specifications or solicitation on which this bid or contract is based. Under §2155.004(b), Government Code, respondent certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.
11.5It will comply with the requirements of §552.372(a), Government Code. Except as provided by §552.374(c), 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.
11.6Pursuant to §231.006(d), Family Code, regarding child support, the individual or business entity named in the bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any respondent subject to §231.006, Family Code, must include names and Social Security Numbers of each person with at least 25% ownership of the business entity submitting the bid. If applicable, this information must be provided prior to contract award. Enter the name and Social Security Number for each person below.
Name & SSN:
Name & SSN:
Name & SSN:

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security Number and is required under §231.006(c) and §231.302(c)(2), Family Code. The Social Security Number will be used to identify persons that may owe child support. The Social Security Number will be kept confidential to the fullest extent allowed under §231.302(e), Family Code.

11.7In accordance with §669.003, Government Code, relating to contracting with the executive head of a state agency, it is not (1) the executive head of TJJD; (2) a person who at any time during the four years before the date of the contract was the executive head of TJJD; or (3) a person who employs a current or former executive head of TJJD.
11.8In accordance with §2155.4441, Government Code, respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside Texas.
11.9Its intent to furnish the requested items at the prices quoted and comply with all terms, conditions, and requirements set forth in this IFB and the bid.
11.10No relationship, whether by relative, business associate, capital funding contract, or by any other such kinship exist between respondent and an employee of any TJJD component, and respondent has not been an employee of any TJJD component within the immediate 12 months prior to respondent’s bid.
11.11Its prices include all costs of respondent in providing the requested items that meet all specifications of this IFB, and that its prices will remain firm for acceptance for a minimum of 120 days from deadline for submission of Bids.
11.12Each employee of respondent, including replacement employees, will possess the qualifications, education, training, experience and certifications necessary to perform the services in the manner required by this IFB.
11.13The provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or not reasonably create an appearance of impropriety.
11.14All articles and services quoted in response to this IFB meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law and its regulations in effect or proposed as of the date of this solicitation.
11.15Its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.
11.16Its compliance with the requirements of The Americans with Disabilities Act and its implementing regulations, as each may be amended.
11.17It shall comply with the requirements of the Immigration and Nationality Act (8 USC §1101 et seq.) and all subsequent immigration laws and amendments.
11.18TJJD's payments to respondent and respondent's receipt of appropriated or other funds under the contract are not prohibited by §§556.005, 556.0055, or 556.008, Government Code.
11.19It 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.
11.20The offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity. Entities ineligible for federal procurement are listed at https://www.sam.gov.
11.21Under §2155.006 and §2261.053, Government Code, that the individual or business entity named in its bid or the contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. Section 2155.006 and §2261.053, Government Code, prohibit state agencies from accepting a bid or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.004, Government Code, occurring after September 24, 2005.
11.22If respondent is submitting a bid for the purchase or lease of computer equipment, it complies with Subchapter Y, Chapter 361, Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.
11.23It and each of its subcontractors have the requisite resources, qualifications, and independence to conduct the services free from outside direction, control, or influence, and subject only to the accomplishment of TJJD’s objectives.
11.24If selected for award of a contract, respondent will submit to TJJD a Certificate of Interested Parties prior to contract award in accordance with §2252.908, Government Code.
11.25Pursuant to §2271.002, Government Code, either (i) it meets an exemption criterion under §2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract. Respondent shall state any facts that make it exempt from the boycott certification in its bid.
11.26It is not engaged in business with Iran, Sudan, or a foreign terrorist organization as prohibited by §2252.152, Government Code.
11.27Under §2155.0061, Government Code, regarding human trafficking, the individual or business entity named in the bid or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.
11.28Pursuant to §2275.0102, Government Code, 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 §2275.0103, Government Code; or (2) headquartered in any of those countries.
11.29If respondent is required to make a verification pursuant to §2276.002, Government Code, respondent verifies that respondent does not boycott energy companies and will not boycott energy companies during the contract term. If respondent does not make that verification, respondent must so indicate in its bid and state why the verification is not required.
11.30If respondent is required to make a verification pursuant to §2274.002, 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 contract term against a firearm entity or firearm trade association. If respondent does not make that verification, respondent must so indicate in its bid and state why the verification is not required.
11.31Pursuant to §161.0085, Health and Safety Code, it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make respondent ineligible for a state-funded contract.
11.32As of the effective date of the bid, it is not listed in any of the Divestment Statute Lists published on the Texas State Comptroller’s website: https://comptroller.texas.gov/purchasing/publications/divestment.php.
11.33To 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 by TJJD 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. Respondent shall comply with rules adopted by TJJD under §§403.055, 403.0551, and 2252.903, Government Code, and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.
11.34Its performance under the contract shall be conducted conscientiously in a professional and workmanlike manner to the full extent of successful respondent’s talents and capabilities with due diligence and in full compliance with the highest professional standards of practice in the industry applicable to the services performed.
11.35All statements and information prepared and submitted in response to this solicitation are current, complete, and accurate.
11.36To the extent applicable to the scope of this IFB, the bid and contract, it is authorized to sell and provide warranty support for all products and services listed in its bid and the contract.
11.37The individual signing this document and the documents made part of this IFB and Bid is authorized to sign such documents on behalf of the respondent and to bind the respondent under any contract.
11.38Respondent certifies that neither it, nor its holding companies or subsidiaries, is (a) listed in §889 of the 2019 National Defense Authorization Act; (b) listed in §1260H of the 2021 National Defense Authorization Act; (c) owned by the government of a country on the US Department of Commerce’s foreign adversaries list under 15 CFR §791.4; or (d) controlled by any governing or regulatory body located in a country on the US Department of Commerce’s foreign adversaries list under 15 CFR §791.4.

11.39 Respondent certifies that its response discloses each artificial intelligence system it may use to complete any deliverable or a portion of any deliverable under the contract. Artificial intelligence system means a machine-based system that for explicit or implicit objectives infers from provided information a method to generate outputs, such as predictions, content, recommendations, or decisions, to influence a physical or virtual environment with varying levels of autonomy and adaptiveness after deployment. Vendor promises not to use an artificial intelligence system to perform the contract without the prior written consent of TJJD.

11.40 Respondent certifies that it and its subcontractors have not and, if awarded a contract, will not, either directly or indirectly through a third party, engage in surveillance targeting or engage in an act of intimidation, coercion, extortion, undue influence, or other similar conduct intended to influence, silence, or retaliate against:

(1) a member of the state legislature or person employed to support the state legislature in any capacity;

(2) a family member of a person described by (1);

(3) a state agency employee; or

(4) an individual making a complaint or raising concerns regarding state agency operations or contracting.

Respondent certifies that it and its subcontractors have not and, if awarded a contract, will not, either directly or indirectly through a third party, use private or confidential information to manipulate or influence a state contracting decision or proceeding. Respondent acknowledges that it, its executives and directors, and other associated entities and individuals could be terminated, barred from state contracts, and penalized up to $2 million for a violation of §2261.302, Government Code.

12. NOTE TO RESPONDENT.

Any terms and conditions attached to a bid will not be considered unless specifically referred to on this bid form and may result in disqualification of the bid.

13. DISPUTE RESOLUTION.

The dispute resolution process provided for in Chapter 2260, Government Code, must be used by TJJD and the successful respondent to attempt to resolve any dispute arising under the contract. Notwithstanding any other provision of the contract to the contrary, the successful respondent shall continue performance and shall not be excused from performance during the period any breach of contract claim or dispute is pending under either of the above processes. However, successful respondent may suspend performance during the pendency of such claim or dispute if successful respondent has complied with all provisions of §2251.051, Government Code, and such suspension of performance is expressly applicable and authorized under that law.

14. TERMINATION FOR NON-APPROPRIATION (FUNDING OUT) CLAUSE.

Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature.

15. ADDITION/DELETION.

Amendments may be made for additions and/or deletions of goods or services under the same terms and conditions of this order.

16. AUTHORIZED RELIEF FROM PERFORMANCE (FORCE MAJEURE).

Neither successful respondent nor TJJD 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, pandemics, 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. Each party must inform the other in writing, with proof of receipt, within three business days of the existence of such force majeure, or otherwise waive this right as a defense.

17. SUBCONTRACTING PROGRAM, HISTORICALLY UNDERUTILIZED BUSINESS.

State agencies are required to make a good faith effort to assist Historically Underutilized Businesses in receiving contract awards issued by the State, see Chapter 2161, Government Code. The goal of the program is to promote fair and competitive business opportunities for all businesses contracting with the State of Texas.

18. MATERIAL SAFETY DATA SHEETS.

Respondent must provide, at no cost, at least one copy of any applicable manufacturer’s Material Safety Data Sheets (MSDS). If OSHA or federal or state laws provide for additional requirements, those requirements are in addition to the MSDS requirement.

19. STATE AUDITOR’S RIGHT TO AUDIT.

In addition to and without limitation on the other audit provisions of this IFB or the contract, pursuant to §2262.154, Government Code, the Texas State Auditor’s Office (“state auditor”) may conduct an audit or investigation of any other entity receiving funds from the state directly under any contract or indirectly through a subcontract under the contract. The acceptance of funds by the successful respondent or any other entity or person 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, the successful respondent or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The contract may be amended unilaterally by TJJD to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.154, Government Code. Successful respondent shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the successful respondent and the requirement to cooperate is included in any subcontract it awards.

20. PRICE ADJUSTMENTS BASED ON TARIFFS.

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the response due date that affect the cost of supplying goods under this contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at the agency’s sole discretion. If the agency grants an adjustment related to tariffs, contractor shall monitor tariff levels and notify the agency within five business days of any reduction or repeal. The agency may reduce or retract a tariff adjustment it has granted at any time by notifying the contractor of the new prices.

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