ESBD_525940_1781123023923_IFB 6-907-004 Commercial Double Stack Oven_Submission 6.10.26.pdf

IFB 6-907-004 Page 1 of 11

TEXAS SCHOOL FOR THE DEAF

INVITATION FOR BID

Award Notice: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination what will serve the best interest and provide the best value to the State and to reject any and all bid items in the sole discretion of the State.

Item Description Class/Item: 165-60 Quantity Unit of Measure Unit Price Extension

The Texas School for the Deaf (TSD) is seeking to purchase a Commercial Double Stack Oven

1. Commercial Double Stack Oven, Example:

Rational iCombi Pro 6-Full Combi-Duo (Double Stack) Oven – Model: CC1GRRA.0000238 or equivalent (1 set – 2 units stacked)

Specify Make/Model:

1 Each

2. Installation and Assembly of Double Stack Oven on site.

1 Lot

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID AUTHORIZED SIGNATURE DATE

AGENCY TO INVOICE

Texas School for the Deaf ATTN: Accounts Payable 1102 S. Congress Avenue Austin, Texas 78704

RETURN BIDS TO

purchasing@tsd.texas.gov or return to:

Texas School for the Deaf Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

DESTINATION OF GOODS

Texas School for the Deaf ATTN: Warehouse 1102 S. Congress Avenue Austin, TX 78704

REQUIRED BIDDER INFORMATION

TEXAS ID NUMBER

Name of Business Street Address

City-State-Zip Code Telephone No.

Email address

If responding through regular mail:

Each bid must be placed in a separate envelope with bid opening date and requisition number annotated immediately below return address on SEALED

BID ENVELOPE

Bidder agrees to comply with all conditions of this solicitation

By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined by 34 TAC Rule 20.32(68).

BID RESPONSE DUE

BY 3:00 PM June 24, 2026

REQUISITION NO. 6-907-004

IFB 6-907-004 Page 2 of 11

3. Disposal of old equipment

4. Shipping (if applicable)

TOTAL

Offered by a Veteran Heroes United in Business (VetHUB) certified by the Texas Comptroller of Public Accounts

PREFERENCES

See Appendix 21 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under 34 TAC Rule 20.38

□ 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 and 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

IFB 6-907-004 Page 3 of 11

Solicitation 6-907-004 Specifications for Double Stack Oven

1. INTRODUCTION: The Texas School for the Deaf (TSD) is seeking to purchase a Commercial Double

Stack Oven per the below specifications.

2. TERM OF CONTRACT: Contract shall commence upon the issuance of a contract by TSD and automatically expire upon the delivery date agreed and final acceptance by TSD.

3. SPECIFICATIONS SHALL MEET OR EXCEED THE FOLLOWING:

3.1. Commercial Double Stack Oven, example: Rational iCombi Pro 6-Full Combi-Duo (Double Stack) Oven – Model: CC1GRRA.0000238 or equivalent.

3.1.1. Shall be commercial grade two (2) Full Size Ovens.

3.1.2. Must be double stacked.

3.1.3. Must be Natural Gas.

3.1.4. Shall be capable of (12) 18” x 26” sheet pans per unit.

3.1.5. Shall be 106,500 BTU each oven.

3.1.6. Must be 208/240v/60Hz/1-ph.

3.1.7. Must Include: Combi-Duo stacking kit, Stand I, safety-set, iCareSystem AutoDose x2, cleaning cartridges, pre-installation consultation, Certified Installation x2, installation kits x2, double water filtration system, replacement cartridge, and Gastronorm grid shelves x4 or equivalent.

3.1.8. Price submissions should be fully inclusive of the items, delivery costs, and full assembly / installation on site.

3.2. Installation of ovens must occur on TSD property to ensure proper working order at time of delivery.

3.2.1. Failure to install ovens and ensure working order will result in non-acceptance of goods by TSD personnel.

3.3. Disposal of old oven equipment will be the responsibility of the vendor.

3.4. Shipping for Ovens (if applicable).

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

5. INQUIRIES: All requests for clarification, questions, or other communication regarding this solicitation shall be made in writing to TSD’s Purchasing Department, no later than 2 days after posting date to allow for response, addressed to the following:

David Rivera, Purchasing Manager Texas School for the Deaf Email: purchasing@tsd.texas.gov

IFB 6-907-004 Page 4 of 11

STANDARD TERMS AND CONDITIONS

June 2026

(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 Deaf (TSD) on or before the hour and date specified for the bid opening.

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 TSD acceptance for 30 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. TSD 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.

IFB 6-907-004 Page 5 of 11

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

3. Default in promised delivery, without accepted written notice or failure to meet specifications authorizes the TSD 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 TSD’s Purchasing Department.

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

TSD.

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 TSD 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 TSD’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 TSD. Any attempted assignment in violation of this Section is void and without effect.

9. NO QUANTITY GUARANTEES: TSD 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. TSD 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. TSD 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 TSD all of Respondent’s

IFB 6-907-004 Page 6 of 11 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:

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 TSD. 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

IFB 6-907-004 Page 7 of 11

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 TSD. 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 TSD for the duration of the contract, (2) promptly provide to the TSD any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TSD, and (3) on termination or expiration of the contract, either provide at no cost to the TSD 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 TSD. 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 TSD 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 TSD 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 TSD 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 TSD or the other

IFB 6-907-004 Page 8 of 11 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 BOYCOT 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 TSD, 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

IFB 6-907-004 Page 9 of 11 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 TSD 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 TSD 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 TSD.

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 TSD, 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 TSD 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 TSD 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 TSD or the Attorney General may strictly enforce this provision.

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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 PROCEDURS: 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 TSD’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 TSD. Subcontracts, if any, entered into by the Respondent shall be in writing 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), TSD is in no manner liable

IFB 6-907-004 Page 11 of 11 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. PRE-SERVICE OR PRE-EMPLOYMENT AFFIDAVIT: As required by Texas Education Code § 22A.055, Respondent agrees that all service providers, as defined in Texas Education Code § 22A.001(8), must submit a complete and accurate pre-service or pre-employment form to TSD. Submission of this affidavit is a condition precedent to the performance of any services. Respondent agrees that no service provider shall be permitted to work at TSD or have access to TSD students until the affidavit is submitted. Respondent acknowledges that TSD maintains the absolute discretion to terminate this Agreement, or to prohibit a specific service provider from providing services, based on any information disclosed in the affidavit or any omission therein.

52. 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)

____________________________________________ END__________________________________________________