ESBD_538112_1784049914029_Exhibit A - Bidder Affirmations.pdf

EXHIBIT A

SOLICITATION NO. 458-E260682

Exhibit A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE Respondent affirms, without exception, as follows:

1. Respondent represents and warrants that all certifications, representations, warranties, and other provisions in this Affirmations and Solicitation Acceptance apply to Respondent and all of Respondent's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Solicitation or any contract resulting from this Solicitation.

2. Respondent represents and warrants that all statements and information provided to TABC are current, complete, and accurate. This includes all statements and information in this Solicitation Response.

3. Respondent acknowledges that its Solicitation Response and subsequent documents submitted are subject to the Texas Public Information Act.

4. Respondent acknowledges its obligation to specifically identify information it contends to be confidential or proprietary and, if Respondent designated substantial portions of its Solicitation Response or its entire Solicitation Response as confidential or proprietary, the Solicitation Response is subject to being disqualified.

5. Respondent's Solicitation Response will remain a firm and binding offer for 60 days from the date the Solicitation Response is due.

6. Respondent accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation. Respondent agrees that all exceptions to the Solicitation are rejected unless expressly accepted by TABC. Any additional terms and conditions, proposed by Respondent, attached to a Response will not be considered unless specifically referred to in the Response.

7. Respondent agrees that TABC has the right to use, produce, and distribute copies of and to disclose to TABC employees, agents, and contractors and other governmental entities all or part of Respondent's Solicitation Response as TABC deems necessary to complete the procurement process or comply with state or federal laws.

8. Respondent generally releases from liability and waives all claims against any party providing information about the Respondent at the request of TABC.

9. Respondent acknowledges all addenda and amendments to the Solicitation.

10. Respondent certifies that if a Texas address is shown as the address of Respondent, Respondent qualifies as a Texas Bidder as defined by Tex. Gov’t Code §2155.4441. Respondent agrees to comply with §2155.4441 relating to the use of service contracts and the purchase or products and materials produced in the State of Texas.

11. Respondent represents and warrants that it qualifies for all preferences claimed under 34 Texas Administrative Code §20.306 or Chapter 2155, Subchapter H of the Texas Government Code as indicated below (check applicable boxes):

□ 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

□ Commercial production company or advertising agency located in Texas

12. Respondent has not given, has not offered to give, and does not intend 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 Solicitation Response, this Solicitation, or any contract resulting from this Solicitation.

13. Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), 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 this contract may be terminated and payment withheld if this certification is inaccurate.

14. Under Section 2155.006, Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), 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 this contract may be terminated and payment withheld if this certification is inaccurate.

15. Under Section 2261.053, Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), 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 this contract may be terminated and payment withheld if this certification is inaccurate.

16. Under Section 231.006, Texas 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.

17. Pursuant to Section 231.006(c), Texas Family Code (relating to delinquent child support), identify below the name and social security number (SSN) of each individual, sole proprietor, partner, shareholder, and owner with an ownership interest of at least 25 percent (25%) of the business entity submitting this Solicitation Response:

Name: __________________________________ SSN: _________________________

Name: __________________________________ SSN: _________________________

Name: __________________________________ SSN: _________________________

Name: __________________________________ SSN: _________________________

FEDERAL PRIVACY ACT NOTICE: Disclosure of requested Social Security Numbers (SSNs) is required under Section 231.006(c) and Section 231.302(c)(2), Texas Family Code. The SSNs will be used to identify persons that may owe child support. The SSNs will be kept confidential to the fullest extent permitted by law. Failure by a Respondent to provide the required SSNs may result in disqualification of the Respondent's Solicitation Response.

18. Respondent certifies that: (a) the entity executing this Solicitation Response; (b) its principals; (c) its subcontractors; and (d) any personnel designated to perform services related to any contract resulting from this Solicitation are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal Department or Agency. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project.

This provision shall be included in its entirety in Contractor’s Subcontracts if payment in whole or in part is from federal funds.

19. Respondent certifies that it, its principals, its subcontractors, and any personnel designated to perform services related to any contract resulting from this Solicitation 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.

20. Respondent certifies it is in compliance with all State of Texas statutes and rules relating to procurement; and that (a) the entity executing this Solicitation Response; (b) its principals; (c) its subcontractors; and (d) any personnel designated to perform services related to any contract resulting from this Solicitation are not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://sam.gov/SAM/, which Respondent may review in making this certification.

21. In accordance with Texas Government Code Section 669.003 (relating to contracting with the executive head of a state agency), Respondent certifies that it (1) is not the executive head of TABC; (2) was not at any time during the past four years the executive head of TABC; and (3) does not employ a current or former executive head of TABC.

22. Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

23. Respondent represents and warrants that payments to Respondent and Respondent's receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

24. Respondent represents and warrants that it will comply with Texas Government Code Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts.

25. 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 Agency during the twelve (12) month period immediately prior to the date of execution of the contract.

26. Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TABC who during the period of state service or employment participated on behalf of TABC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TABC ceased.

27. Respondent represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to TABC under this Solicitation and any resulting contract and that Respondent’s provision of the requested goods and/or services under this Solicitation and any resulting contract would not reasonably create an appearance of impropriety

28. Respondent understands that TABC does not tolerate any type of fraud. The agency’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors https://sam.gov/SAM/ who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the TABC Office of the Inspector General at 512-206-3405 and the State Auditor's Office. Respondent agrees to comply with all applicable laws, rules, regulations, and TABC policies regarding fraud.

29. Respondent represents and warrants that in accordance with Section 2155.005 of the Texas 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 anti-trust laws, or (2) communicated directly or indirectly the contents of this Response to any competitor or any other person engaged in such line of business as Respondent. Respondent hereby assigns to TABC any claims for overcharges associated with any contract resulting from this Solicitation under 15 U.S.C. § 1, et seq., and Texas Business and Commerce Code § 15.01, et seq.

30. Respondent represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Respondent or any of the individuals or entities included numbered paragraph 1 of this Affirmations and Solicitation Acceptance within the five (5) calendar years immediately preceding the submission of this Solicitation response that would or could impair Respondent’s performance under any contract resulting from this Solicitation, relate to the contracted or similar goods or services, or otherwise be relevant to TABCs consideration of entering into a contract. If Respondent is unable to make the preceding representation and warranty, then Respondent instead represents and warrants that it has provided to TABC a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Respondent’s performance under a contract awarded as a result of this solicitation, relate to the contracted or similar goods or services, or otherwise be relevant to the TABCs consideration of entering into a contract. In addition, Respondent represents and warrants that, if awarded a contract as a result of this Solicitation, Respondent shall notify TABC in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update TABC shall constitute breach of contract and may result in immediate contract termination.

31. Respondent represents and warrants that pursuant to Texas Government Code §2270.002, Respondent affirms that it: (a) does not boycott Israel; and (b) will not boycott Israel during the term of any Contract awarded.

32. Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or any foreign terrorist organization as prohibited by Section 2251.152 of the Texas Government Code.

33. Respondent understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Respondent is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of any contract resulting from this Solicitation.

34. Respondent represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statues, codes, and other laws that pertain to any contract resulting from this Solicitation.

35. Respondent certifies that for all contracts for services, Respondent shall utilize the U.S.

Department of Homeland Securities E-Verify system during the term of the contract to determine the eligibility 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 to the contract within the United States of America.

36. By submitting this Response, Respondent represents and warrants that the individual signing this Solicitation response is authorized to submit and sign on behalf of Respondent and to bind Respondent.

37. 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.

38. Respondent affirms its compliance with Chapter 2274 of the Texas Government Code, and that, to the extent applicable, Respondent does not and will not during the term of any Contract awarded pursuant to this Solicitation: 1) boycott energy companies or companies that do business with energy companies, as defined and specified by the statue; or 2) discriminate against firearms entities, as defined and specified by the statute.

39. Respondent affirms that neither it nor any of its holding companies or subsidiaries, is:

a. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

b. Listed in Section 1260H of the 2021 NDAA; or

c. Owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4; 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. § 791.4.

Authorized representative on behalf of Respondent must complete and sign the following:

Legal Name of Respondent: _______________________________________

Signature of Authorized Representative

Date Signed

Printed Name and Title of Authorized Representative

Phone Number

Federal Employer Identification Number

Fax Number

DUNS Number Email Address

Physical Street Address City, State, Zip Code

Mailing Address, if different City, State, Zip Code

Exhibit A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE