ESBD_524142_1781103253734_RFP 771-WEH-26-0003.pdf

RFP 771-WEH-26-0003

Texas School for the Blind and Visually Impaired

Texas School for the Blind and Visually Impaired Procurement Department

1100 West 45th Street, Austin, Texas 78756

REQUEST FOR PROPOSAL (RFP)

No. 771-WEH-26-0003

Residential Student and Chaperone Weekly Transportation Services

NIGP Class/Item(s): 961-13

RFP Issue Date: June 10, 2026 Letter of intent to submit proposal- Mandatory June 17, 2026

Inquiries Due: June 17, 2026

Agency Written Answers Provided: June 22, 2026

Proposal Due Date: July 3, 2026

Anticipated Contract Commencement Date: July 15, 2026

Reference Section II. Proposal Requirements, 1. Schedule of Events for more detail, including time and submission methodology.

RFP TSBVI POC Cyrenna B. Villegas, Director of Procurement, CTCD, CTCM Villegasc@tsbvi.edu mailto:Villegasc@tsbvi.edu

Table of Contents

SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

2. SOLICITATION METHOD AND INTENT

3. CONTRACT TERM

4. QUANTITIES

5. QUALIFICATIONS AND EXPERIENCE

6. SCOPE OF WORK

7. CONTRACTOR REQUIREMENTS

8. TSBVI RESPONSIBILITIES

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

10. PRICE ADJUSTMENTS

11. INSURANCE

12. HUB SUBCONTRACTING

13. CONTRACT ADMINISTRATION

14. INVOICING AND PAYMENT

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

2. INQUIRIES

3. PROPOSAL CONTENT

4. PROPOSAL SUBMISSION

5. DELIVERY OF PROPOSALS

6. EVALUATION AND AWARD

SECTION III – STANDARD TERMS AND CONDITIONS .................................................................................................... s14- EXHIBIT A – Execution of Proposal

EXHIBIT B 1 Homegoing & 2 Return Day – Price Sheet .................................................................................................. 24-25

EXHIBIT C- Weekends Home Travel Calendar 2026-2027 (Subject to change annually)………………………………..26 EXHIBIT D – Company Profile

EXHIBIT E – Key Personnel

EXHIBIT F – Past Projects with Corresponding References ........................................................................................... 29-30

EXHIBIT G – Technical Proposal

EXHIBIT H- TEA Pre Service Affidavit………………………………………………………………………………………….. 31

EXHIBIT I – Response Submission Checklist

SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

1.1. Texas School for the Blind and Visually Impaired (TSBVI) is seeking proposals for transportation services for TSBVI residential students (visually impaired and in some cases, medically fragile) and chaperones on a weekly basis per a set schedule from TSBVI to various locations across Texas on Thursday or Fridays and Sundays or Mondays (as scheduled) throughout the academic year.

1.1.1. Primary location of services: 1100 West 45th Street, Austin, TX 78756.

1.1.2. Secondary locations of service: Reference Exhibit B 1 & 2

1.1.3. Transportation capacity and speed requirements:

• Fort Worth Route – 1 bus, 56 passenger.

• Dallas Route - 1 bus, 56 passenger, wheel chair lift required.

• Route speeds not to exceed 60 MPH

2. SOLICITATION METHOD AND INTENT

2.1. The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing qualifications, experience, location, availability, and other applicable factors that will be used to ensure successful completion of the requirements of services requested set forth in this

RFP.

3. CONTRACT TERM

3.1. Initial Contract Term: The contract shall commence on August 21, 2026 and expire on August 31, 2027 unless sooner terminated under the terms of the contract.

3.2. Renewal Options: Contract may be renewed for up to four (4) additional one (1) year terms at the sole discretion of TSBVI, provided both parties agree in writing prior to the contract expiration date. Any renewal shall be in accordance with the original terms and conditions plus any approved changes outlined in written contract renewal. Renewal options will be extended within 45 days prior to contract expiration.

1st Renewal Option September 1, 2027 – August 31, 2028

2nd Renewal Option September 1, 2028 – August 31, 2029

3rd Renewal Option September 1, 2029 – August 31, 2030

4th Renewal Option September 1, 2030 – August 31, 2031

3.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified services, TSBVI may with written consent of the awarded contractor(s) extend the contract for a period of time not to exceed twelve (12) months. Any extension shall be at the same terms and conditions, plus any approved and written changes.

3.4. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

3.4.1. Termination by Mutual Agreement: TSBVI and Contractor reserve the right to terminate this contract upon mutual written consent.

3.4.2. TSBVI in its sole discretion reserves the right to terminate any resulting contract for convenience with thirty (30) day written notice to the Contractor.

3.4.3. TSBVI in its sole discretion reserves the right to terminate any resulting contract for cause with fifteen (15) day written notice to the Contractor. The Contractor is liable for any and all damages and costs incurred by TSBVI.

3.5. Amendments: The contract may be amended in writing by mutual consent of both parties.

3.5.1. TSBVI reserves the right to administratively amend any resulting contract without the mutual consent of the Contractor.

4. QUANTITIES

4.1. Inclement weather and other varying factors may affect the number of services required, causing last-minute cancellation or changes of services (routes). TSBVI reserves the right to adjust quantities of bus routes to meet programmatic needs and shall not be charged for any services not provided. TSBVI in its sole discretion can determine cancellation(s) or adjustments of weekly services to be provided.

4.2. Unless otherwise stated, the resulting contract award does not guarantee volume or commitment of funds. Quantities are estimates and shall be modified as required to provide essential transportation services related to residential student and chaperone homegoing transportation.

5. QUALIFICATIONS AND EXPERIENCE

5.1. To be considered to provide services in accordance with this RFP, respondent shall meet the following minimum criteria:

5.1.1. Shall be in the business of providing transportation services and have a minimum of three (3) years of professional experience providing such services.

5.1.2. Shall have provided services for a minimum of three (3) different contracts within the last five (5) years.

5.1.3. Shall employ and provide drivers with a Texas commercial driver’s license including passenger endorsements for the services outlined in this RFP.

5.1.4. Shall be in good financial standing. TSBVI reserves the right to request copies of the respondent’s audited or un-audited financial statements.

5.1.5. Shall have available all necessary personnel, skills, qualifications, facilities, and equipment required to fulfill all requirements set forth in this RFP and any resulting contract.

5.1.6. Shall provide fleet buses that have been in service for no more than six (6) years.

5.2. Preferred experience:

5.2.1. Experience with projects similar in size and scope to the project described herein.

5.2.2. Experience with the visually impaired and multiple disability community.

5.3. Supporting Documentation: Respondent shall complete and submit Exhibit A- Execution of Proposal, B1 and B2- Price Sheets, Exhibit D – Company Profile, Exhibit E – Key Personnel, Exhibit F – Past Projects with Corresponding References, Exhibit F– Technical Proposal, Exhibit G- Technical proposal, Exhibit H- TEA Pre Service and the Vendor Onboarding package. References with response submission to provide documentation to support the above qualifications and experience. TSBVI reserves the right to be the sole judge in determining the sufficiency of the respondent’s resources and ability to perform the contract and provide the service.

6. SCOPE OF WORK

6.1. The contractor shall provide all necessary and consistently reliable labor, transportation, equipment and any other necessary or incidental need to successfully complete and provide services in accordance with the specifications contained in this RFP and the resulting contract.

6.2. Provide transportation related reporting as required by TSBVI related to SHARS Medicaid Reimbursement.

6.3. Standards: All services performed shall be performed and completed in accordance with the approval of TSBVI. Any service performed not meeting the standards of TSBVI shall be corrected upon notification to Contractor. Failure to correct all work not meeting the standards of TSBVI shall give cause to the termination of any resulting contract from this RFP.

6.4. Attire Standards: Dress code must be professional with each driver of contractor personnel wearing appropriate badge and/or shirt identifying each driver as a member of the contractor’s personnel.

6.4.1. Shorts and skirts must be at least mid-thigh length. No gym, running, or bike shorts.

6.4.2. No tube tops, halter tops, crop tops, no shirts with oversized armholes.

6.4.3. Clothing with rips, holes and / or graphic language, slogans, advertisements, or images inappropriate for a school setting is strictly prohibited.

6.4.4. No visible tattoos depicting inappropriate images or language.

6.5. Driver’s shall be legally certified/licensed to operate the provided vehicle.

6.6. Driver’s shall have at least three years’ experience dealing with individuals with disabilities.

6.7. Additional chair lifts may be required if the student population changes over the course of the service contract.

7. CONTRACTOR REQUIREMENTS

7.1. The Contractor agrees to conduct all services under the awarded contract by and through appropriate communications with TSBVI. No services shall be undertaken by the Contractor except with the prior written authorization by TSBVI. Contractor understands and agrees that work and services provided without prior written authorization by TSBVI personnel shall be at Contractor’s exclusive risk.

7.2. Contractor shall provide services in accordance with requirements specified in this RFP and the resulting contract(s) and adhere to TSBVI terms and conditions.

7.3. All charter buses shall have at a minimum, the following items in full working order at all times while providing transportation services to TSBVI staff and students:

7.3.1. DVD players or other media players and monitors with closed captioning

7.3.2. Air conditioning

7.3.3. Clean lavatories

7.3.4. Safety restraints/seat belt

7.3.5. Wheelchair lift required on route to Dallas as indicated on Exhibit B1& B2.

7.3.6. Any reported issue(s) upon arrival to TSBVI shall be repaired or the bus shall be replaced prior to departure from TSBVI and within a time not to exceed two (2) hours from time of arrival.

7.3.7. Route speeds do not exceed 60 MPH.

7.4. In the event of vehicle breakdown, Contractor shall repair or replace the vehicle within two (2) hours of being notified.

7.5. Contractor shall provide all labor, material, and equipment necessary to meet all service requirements specified throughout the term of the contract.

7.6. Contractor is responsible for all costs incurred in the performance of the contract.

7.7. Contractor shall comply with all laws, ordinances, statutes, and regulations as they pertain to the services requested in this RFP.

7.8. Contractor shall obtain all permits, licenses or other authorization as may be required to fulfill the services requested in this RFP.

7.9. Contractor shall follow relevant safety rules and conduct work in an appropriate and safe manner. Any work performed not meeting the standards of TSBVI shall be corrected upon notification. Failure to correct work not meeting TSBVI standards shall give cause to the termination of any resulting contract from this

RFP.

7.10. All Contractor personnel having direct contact with TSBVI students and staff are subject to the passing of successful background check. The background check is the responsibility of the Contractor.

7.11. Contractor will adhere to Texas Education Code (TEC) §22A.055, Exhibit H TEA Pre-Service Do Not Hire and Affidavit Requirements.

7.12. No Contractor personnel with a criminal record which would prevent the ability to work with and around TSBVI students shall be authorized to provide services in accordance to this RFP.

7.13. Contractor may not enter into agreement with subcontractors without prior written approval of TSBVI.

Subcontracts, if any, entered into by the Contractor will be in writing and subject to the requirements of this contract.

8. TSBVI RESPONSIBILITIES

8.1. TSBVI shall designate a point of contact to finalize drop-off locations upon contract award.

8.2. Service Schedule: TSBVI shall set a service schedule (dates, hours, and destination) for each weekend in which services are provided. Reference Exhibit B1, B2 and C.

8.3. TSBVI shall furnish no labor, equipment or facilities unless otherwise explicitly stated in this RFP.

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

9.1. Following the contract award, additional services of the same general category that could have been encompassed in the award of this contract and that are not already included in the contract may be added. A formal written request will be sent to the awarded Contractor to quote on the proposed additional services.

Contractor shall submit proposals to TSBVI as instructed. All quotes are subject to negotiation with the Best and Final Offer (BAFO).

9.2. TSBVI reserves the right to accept or reject any and all quotes for additional services and may issue a separate solicitation for the additional services requested.

10. PRICE ADJUSTMENTS

10.1. Extension / Renewal Period Pricing: A price escalation may be allowed upon renewal provided the vendor notifies TSBVI Procurement Department, in writing, a minimum of sixty (60) days prior to renewal.

10.1.1. The maximum allowable percentage change must be calculated as follows: (B-A) / A x

100% = Percentage of allowable price increase

“A” definition: Consumer Price Index (CPI) from the month of the due date for the response; OR the effective date/month of the most recently approved price index. “B” definition: Current or latest baseline CPI.

10.1.2. Price adjustments may occur no more than one time per State fiscal year (September –

August).

10.1.3. This includes gas price increase.

11. INSURANCE

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

Type of Insurance Each Occurrence / Aggregate Workers Compensation Statutory

Employer’s Liability Bodily Injury by Accident

$500,000 Each Accident

Commercial General Liability General Aggregate Applies Per Project

$1,000,000 Bodily Injury & Property Damage – Each Occurrence $2,000,000 Aggregate Limit $1,000,000 Personal Injury & Advertising Liability $2,000,000 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

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

11.3. The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M.

Best and authorized to provide the corresponding coverage.

11.4. Prior to the commencement of the job and not later than (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 subject to approval by authorized TSBVI personnel.

11.5. Failure to procure and maintain minimum insurance may result in non-award or cancelation of award.

12. HUB SUBCONTRACTING

12.1. TSBVI has determined there are no probable HUB subcontracting opportunities for this solicitation.

13. CONTRACT ADMINISTRATION

13.1. TSBVI Director of Procurement will serve as the Contract administrator and manager of the resulting contract, if any from this RFP.

14. INVOICING AND PAYMENT

14.1. Contractor shall submit all invoices electronically to Accountspayable@tsbvi.edu.

14.2. Invoice shall be submitted no more than ten (10) business days after weekly service is provided, and at a minimum must include the following: Vendor name, TSBVI PO / Contract No., services being provided, dates of service, total cost.

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

TSBVI intends to proceed according to the following schedule. These dates represent a tentative schedule of events; however, TSBVI reserves the right to change the dates in the schedule of events upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an addendum.

Respondents interested in submitting a proposal in response to this RFP required to submit a mandatory letter of intent containing their contact information to the TSBVI Point of Contact by the deadline set forth in the Schedule of Events.

1.1.

Item Date Due- Time and method RFP Issue Date: June 10, 2026. Posted to ESBD.

Letter of intent to submit proposal- Mandatory June 17, 2026 by 2pm. Submit via email to solicitation POC Villegasc@tsbvi.edu. Subject line to read 771-WE-26-0003, Letter of Intent to Bid.

Inquiries Due: June 17, 2026, by 2pm. Details reference section 2. Inquires, 2.1.

Agency Written Answers Provided: June 22, 2026. Details reference section 2.

Inquires, 2.2 & 2.3.

Proposal Due Date: July 3, 2026 2026 by 3pm. Details reference section 4. Proposal Submission.

Anticipated Contract Commencement Date: July 15, 2026

2. INQUIRIES

2.1. Contact: All requests, questions, or other communications Including Letter of Intent to submit proposal, about this solicitation shall be made in writing to TSBVI’s Procurement Department, addressed to the following Person:

Cyrenna Villegas, Director of Procurement Texas School for the Blind and Visually Impaired Villegasc@tsbvi.edu

• Subject line must read as: RFP 771-WEH-26-0003 Question.

• The body of email must identify the specific item, i.e., section #, etc. and the related question.

• Provide the Respondent’s name, address, phone number, e-mail address, and name of contact person when submitting questions.

• TSBVI reserves the right to not respond to questions.

2.2. Deadline for submission of questions: To provide TSBVI with sufficient time to adequately prepare response to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1. Inquiries submitted after the deadline will not be responded to.

2.3. The official answers to questions will be posted to the ESBD website on or before the date specified in Section

1.1. It is the responsibility of all potential Respondents to frequently check the ESBD website official responses to submitted questions, and for other related information including addendums.

mailto:Villegasc@tsbvi.edu

3. PROPOSAL CONTENT

3.1. General Response Format (electronic submission): Respondent shall submit one (1) original proposal signed in ink, as well as one (1) copy of the proposal- PRICES REDACTED. All bids shall be formatted to 8-1/2 x 11-inch paper and include a working table of contents corresponding to the sections/exhibits listed below. Proposals shall be structured in the order found in Exhibit G- Response Submission Checklist, Mandatory Response contents.

3.2. Required Response Content: Respondent must include the following documentation with their response submission. Failure to submit with response will result in disqualification of the proposal.

3.2.1. Exhibit A – Execution of Proposal

3.2.2. Exhibit B 1 &2 – Price Sheet

3.2.3. Exhibit D – Company Profile

3.2.4. Exhibit E – Key Personnel

3.2.5. Exhibit F – Past Projects with Corresponding References

3.2.6. Exhibit G – Technical Proposal

3.2.7. Exhibit H- TEA Pre Service

3.2.8. Copy of Insurance as required.

3.2.9. Vendor Onboarding Package- posted to the ESBD

3.3. Additional Response Content: Respondent shall include the following documentation with their response submission or within one business day of TSBVI request. Failure to submit this additional documentation by TSBVI deadline may disqualify respondent’s proposal submission.

3.3.1. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation.

The Respondents should include the signed and dated addendum(s) with their response submission.

4. PROPOSAL SUBMISSION

4.1. All proposals shall be received, and date / time stamped by TSBVI Purchasing personnel by 3:00PM

Central Time on the date specified in Section II, Subsection 1.1, and the method specified in Section II, Subsection 5.1. Late proposals will not be considered.

4.2. Receipt of any addendum to this RFP should be acknowledged by returning a signed copy of each addendum to the response.

4.3. Respondents to this RFP are responsible for all costs of proposal preparation.

4.4. Proposals shall be submitted to TSBVI Purchasing Department, as noted in Section II, Subsection 5

Delivery of Proposals.

4.5. Paper, telephone and facsimile proposals are not an acceptable response method.

4.6. All submitted proposals become the property of TSBVI after the RFP submittal deadline. Responses shall constitute an offer for a period of ninety (90) days or until selection is made by TSBVI, whichever is earlier.

5. DELIVERY OF PROPOSALS

5.1. Proposals shall be submitted to TSBVI by one of the following methods:

• Electronic Mail Villegasc@tsbvi.edu

Subject Line: 771-WEH-26-0003 Bid Submission Body: Intro to the attachment.

TSBVI will use submission email date and time stamp as receipt.

6. EVALUATION AND AWARD

6.1. Step 1 – Administrative Review: Only complete responses with the required submission documents will be considered. Failure to meet the minimum qualifications and submit the required documentation will result in a response being declared non-responsive. TSBVI reserves the right to reject any or all proposals, and to waive informalities and minor irregularities in proposals received. No proposal received in TSBVI’s Purchasing Department after the exact date and time specified as the deadline to responses will be considered.

6.2. Step 2 – Initial Evaluation: TSBVI will establish an evaluation committee and score each response based on established criteria. Respondents shall not contact members of the evaluation team, TSBVI Board Members or other TSBVI employees. Responses to this RFP will be evaluated according to the Respondent’s ability to best satisfy TSBVI requirements. Respondent’s submission is evaluated and scored on a weighted system outlined below:

Evaluation Criteria Weight Respondent’s Past Performance, Qualifications, and Experience 20% Compensation and Fees (based on Exhibit B) 40% Price 40%

Total 100%

6.3. Step 3 – Short List: TSBVI reserves the right in its sole discretion to develop a short list, at which time TSBVI may check references and/or request an interview with each respondent for further consideration. Interview scores (if applicable) shall be included in overall evaluation criteria and scoring.

6.4. Step 4 – Best and Final Offer (BAFO): TSBVI’s evaluation committee will determine if a BAFO is necessary. Award of a contract may be made without discussions or BAFO, if in the best interest of the State.

6.5. Award: TSBVI reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TSBVI and the State in performance of this service. TSBVI will be the sole judge of value.

6.6. Best Value Criteria may include but is not limited to the following:

• Best meets the goals and objectives of the solicitation as stated above.

• Best meets the quality and reliability of the proposed services.

• Provides the most customer-focused solution that will best meet the needs of TSBVI.

• Past performance based upon pass/fail criteria in compliance with TX Gov’t Code 2.155.074, 2155.075, 2156.007, 2157.003, and 2157.125.

6.7. Post Award Meeting: TSBVI reserves the right to schedule a post award meeting, either in person or via teleconference with Contractor(s) at any point after award of the contract. The purpose of the meeting(s) is to discuss terms and conditions of the contract and / or to provide additional information regarding the contract.

SECTION III – STANDARD TERMS AND CONDITIONS

October 2, 2023

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

Any contract awarded as a result of this solicitation will contain the standard terms and conditions listed below.

Subcontractors are required to comply with these provisions set forth. Any acceptations must be in writing on separate paper and submitted with proposal. Approval is by proper TSBVI personnel.

1. BIDDING 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. Bids should be submitted on this form. Bidders 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 bidder to establish formal linkage to the bid.

1.3. Bids 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.

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

1.5. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.6. Bid prices are requested to be firm for TSBVI acceptance for 30 days from bid opening date.

"Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.7. Bidder should enter Texas Identification Number System (TINS) number, full firm name, and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right-hand corner.

1.8. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by the bidder or his authorized agent. No bid can be withdrawn after opening time without approval by TSBVI based on an acceptable written reason.

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

1.10. AWARD NOTICE: The State reserves the right to make an award based on low line-item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items at the sole discretion of the State. The State 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 interests of the State. Any contract may also be extended up to three months at the sole discretion of the State.

1.11. Consistent and continued tie bidding could cause rejection of bids by the TSBVI and/or investigation for antitrust violations.

1.12. \Inquiries pertaining to this RFP must include the requisition number, class/item codes, and bid response due date.

2. SPECIFICATION:

2.1. Catalogs, brand names or manufacturer's references are descriptive only, and indicate the type and quality desired. Bids 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 references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) 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 the bidder to furnish specified brand names, numbers, etc.

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

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

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

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Proposal (RFP).

2.6. The manufacturer’s standard warranty shall apply unless otherwise stated in the RFP.

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

4. DELIVERY:

4.1. Show number of days required to place material in the 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 a delay is foreseen, bidder shall give written notice to the TSBVI. Bidder must keep TSBVI advised at all times of status of order.

4.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TSBVI to purchase the goods or services of this RFP elsewhere and charge any increased costs for the goods or services, including the cost of rebidding, to the bidder.

4.4. No substitutions permitted without written approval of TSBVI.

4.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from the ordering agency.

5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the State. Authorized TSBVI personnel shall have access to the 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 bidder 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 bidder or held for disposition at bidder'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 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, Gov't Code, shall also be considered in making an award when specified. Any legal action must be filed in Travis County, Texas.

7. 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 provision is void and without effect.

8. PAYMENT: Bidder shall submit an itemized invoice showing TSBVI purchase order number on all copies. The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. Payment shall be made in accordance with Chapter 2251, Gov't Code.

9. PATENTS, TRADEMARKS, OR COPYRIGHTS: Bidder agrees to defend and indemnify the TSBVI and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TSBVI's or the State's use of any good or service provided by the bidder as a result of this RFP.

10. BIDDER AFFIRMATIONS: 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 contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

10.1. DEALINGS 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.

10.2. 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 any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Comm. Code §15.01, et seq.

10.3. Pursuant to §2155.004, Gov't Code, neither the bidder nor any person or entity which will participate financially in any contract resulting from this RFP has received compensation for participation in the preparation of the specifications for this RFP.

10.4. 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 bidder subject to §231.006, 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 the award. Enter the Name & Social Security Numbers for each person below:

Name: Social Security Number:

10.5. Under §2155.004, Gov't Code, the bidder certifies that the individual or business entity named in this bid or any contract resulting from this RFP is not ineligible to receive the specified contract and acknowledges that the contract may be terminated, and payment withheld if this certification is inaccurate. §2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

10.6. DEBTS AND DELINQUENCIES: As required by §2252.903, Gov't Code, bidder agrees that any payments due under a contract resulting from this RFP shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by TSBVI under §403.055, 403.0551, 2252.903, Gov't Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

10.7. Pursuant to §669.003, Gov't Code, TSBVI may not enter into a contract with a person who employs a current or former executive head of the TSBVI until four years has passed since that person was the executive head of the TSBVI. By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of the TSBVI in the past four years. If bidder does employ a person who was the executive head of the TSBVI, provide the following information:

Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Bidder: Date of Employment with Bidder:

10.8. In accordance with §2155.4441, Gov't Code, bidder 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.

10.9. SUSPENSION AND DEBARMENT: 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://sam.gov/content/home. Additional information, including list of ineligible entities for State procurement is listed at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred- vendors.php

10.10. Sections 2155.006 and 2261.053, Gov't Code, prohibit state agencies from awarding contracts to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.004, Gov't Code, occurring after September 24, 2005. Under §2155.006, Gov't Code, bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

10.11. Bidder represents and warrants that payment to the bidder and the bidder’s receipt of appropriated or other funds under any contract resulting from this RFP are not prohibited by §556.005 or §556.008, Gov't Code, relating to the prohibition of using state funds for lobbying activities.

10.12. Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to TSBVI under the RFP and any resulting contract, if any, and that bidder’s provision of the requested items under the RFP and any resulting contract, if any, would not reasonably create an appearance of impropriety.

10.13. TEXAS BIDDER: Respondent certifies that is 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© of the Texas Government Code.

11. NOTE TO BIDDER: If bidder takes any exceptions to any provisions of the RFP, these exceptions must be specifically and clearly identified by section in bidder’s bid in response to the RFP and bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire RFP. If any bidder takes a ‘blanket exception’ to the entire RFP or does not provide proposed alternative language, the bidder’s bid may be disqualified from further consideration.

https://sam.gov/content/home https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php

12. PROTEST PROCEDURES: Any actual or prospective bidder who is aggrieved in connection with this RFP, evaluation, or award of any contract resulting from this RFP may formally protest as provided in TSBVI’s rules at 34 TAC Rule 20.534.

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

Government Code must be used by the TSBVI and the bidder to attempt to resolve any dispute arising under any contract resulting from this RFP.

14. EXCESS OBLIGATIONS PROHIBITED: Any contract resulting from this RFP is subject to termination or cancellation, without penalty to TSBVI, either in whole or in part, subject to the availability of state funds. TSBVI is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TSBVI becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TSBVI’s or bidder’s delivery or performance under the contract impossible or unnecessary, the contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, TSBVI will not be liable to bidder for any damages, which are caused or associated with such termination, or cancellation and TSBVI will not be required to give prior notice.

15. TEXAS PUBLIC INFORMATION ACT: Notwithstanding any provisions of this RFP to the contrary, bidder understands that TSBVI will comply with the Texas Public Information Act (Chapter 552, Gov't Code) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. Within three (3) days of receipt, the bidder will refer to TSBVI any third-party requests, received directly by bidder, for information to which bidder has access as a result of or in the course of performance under any contract resulting from this RFP. Any part of the solicitation response that is of a confidential or proprietary nature must be clearly and prominently marked as such by the bidder.

16. CONFLICT OF INTEREST: Under §2155.003, Gov't Code, a TSBVI employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.

Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in Section 1.2 of the State of Texas Procurement Manual, which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of TSBVI or purchasers of other state agencies.

17. FORCE MAJEURE: Neither bidder nor TSBVI shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this RFP 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. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure or otherwise waive this right as a defense.

18. INDEPENDENT CONTRACTOR: Bidder is and shall remain an independent contractor in relationship to the

TSBVI. The TSBVI shall not be responsible for withholding taxes from payments made under any contract resulting from this RFP. Bidder shall have no claim against the TSBVI for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

19. COMPLIANCE: The Contractor will comply with applicable local, state and federal laws, rules and regulations now in effect or that become effective during the term of this contract, including the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, and the Immigration Reform and Control Act of 1986, as amended.

20. INDEMNIFICATION: BIDDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TSBVI, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT WITH BIDDER RESULTING FROM THIS RFP. BIDDER SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TSBVI. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE BIDDER TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TSBVI FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF

TSBVI OR ITS EMPLOYEES.

21. INITIATIVES: Bidder should be prepared to work with TSBVI to provide support or services contemplated by this

RFP, including but not limited innovations in the delivery of the services through cooperative means or through the utilization of available technology.

22. PROHIBITED INTEREST: No member or employee of TSBVI may have a direct interest in the proceeds from a contract resulting from this RFP. No member or employee of TSBVI may be related within the second degree of consanguinity or affinity to anyone who has a direct interest in the proceeds of a contract arising from this RFP.

23. EXCLUDED PARTIES: Bidder is hereby advised of President’s Executive Order (EO) 13224, Executive Order on

Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it via cross-referencing respondents / vendors with the Federal System for Award Management https://sam.gov/content/home which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Contents of EO 13224 may be viewed by accessing the following website:

https://www.state.gov/executive-order-13224/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.

24. COMPLIANCE WITH HOUSE BILL 89, STATE OF TEXAS 85TH LEGISLATIVE SESSION: Bidder acknowledges through submission of signed proposal responsive to this RFP that Bidder is duly authorized and has full and complete authority to enter into a signed contract on behalf of company or individual if selected. Additionally, Bidder represents and warrants through signature that Bidder has complete authority to verify and warrant that the company or individual does not boycott Israel and will not do so in the future, including during the term of any contract awarded by TSBVI in conjunction with this RFP.

25. 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.

26. ENERGY COMPANY BOYCOTTS: If respondent is required to make a verification pursuant to Section 2274.002 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 indicate in its response and state why the verification is not required.

27. RIGHT TO AUDIT: In addition to and without limitation on the other audit provisions of this RFP, pursuant to

§2262.003, Texas Government Code, the state auditor may conduct an audit or investigation of the bidder or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract https://sam.gov/content/home https://sam.gov/content/home https://www.state.gov/executive-order-13224/ under this contract. The acceptance of funds by the bidder or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds.

Under the direction of the legislative audit committee, the bidder or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. This RFP or any contract resulting from this RFP may be amended unilaterally by TSBVI to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.003, Texas Government Code.