RFP 6-571-901

Texas School for the Deaf

Purchasing Department – Pease Bldg.

1102 S. Congress Avenue Austin, TX 78704

REQUEST FOR PROPOSALS

RFP No. 6-571-901

Digital Media (Animation and Graphic Design) Instructor Services

NIGP Class/Item(s): 924-41

RFP Issue Date: July 30, 2026 Questions Due: August 3, 2026; 3:00PM CT Agency Written Answers Provided: August 4, 2026; 3:00PM CT Proposal Due Date: August 6, 2026; 3:00PM CT Anticipated Commencement Date August 17, 2026

Purchaser: David Rivera, Purchasing Manager, CTCD,CTCM purchasing@tsd.texas.gov

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. TSD RESPONSIBILITIES

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

10. PRICE ADJUSTMENTS

11. VetHUB SUBCONTRACTING

12. CONTRACT ADMINISTRATION

13. INVOICING AND PAYMENT

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

2. INQUIRIES

3. PROPOSAL CONTENT

4. PROPOSAL SUBMISSION

5. DELIVERY OF PROPOSALS

6. EVALUTION AND AWARD

SECTION III – STANDARD TERMS AND CONDITIONS

EXHIBIT A – Execution of Proposal

EXHIBIT B – Price Sheet

EXHIBIT C – Company Profile

EXHIBIT D – Key Personnel

EXHIBIT E – Past Projects with Corresponding References

EXHIBIT F – Response Submission Checklist

SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

1.1. Texas School for the Deaf (TSD) is seeking proposals for a Digital Media (Animation and Graphic Design) Instructor to teach High School classes to students for school year 2026- 2027.

1.1.1. Primary location of services: 1102 South Congress Avenue, Austin, TX 78704.

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.

2.2. TSD in its sole discretion has the authority to issue one (1) or multiple awards from any proposal submissions.

3. CONTRACT TERM

3.1. Initial Contract Term: The contract shall commence on August 17, 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 three (3) additional one (1) year terms, 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.

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

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, TSD may with written consent of the awarded contractor(s) extend the contract period for a period not to exceed a twelve (12) month period and 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: TSD and Contractor reserve the right to terminate this contract upon mutual written consent.

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

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

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

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

4. QUANTITIES

4.1. TSD reserves the right to adjust quantity of annual hours for services to meet the needs of our students, staff, and programs.

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 instructional services.

5. QUALIFICATIONS AND EXPERIENCE

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

5.1.1. Shall be in the business of or categorized in graphic design or an individual professional and have a minimum of seven (7) years of professional experience providing such services.

5.1.2. Shall have provided similar graphic design services as described in this RFP within the last five (5) years.

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

5.1.4. 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.

5.1.5. Contractor shall have a Bachelor of Fine Arts (BFA) in Graphic Design or a closely related field.

5.1.6. Minimum of 7 years of professional experience in:

5.1.6.1. Graphic Design

5.1.6.2. Motion Design

5.1.6.3. Illustration

5.1.7. Demonstrated experience with:

5.1.7.1. Strategic Visual Communication

5.1.7.2. Development of cohesive brand systems

5.1.7.3. High-quality digital and print design work

5.1.8. Advanced Sign Language skills.

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 deaf and hard of hearing community.

5.2.3. Experience in providing similar services.

5.2.4. Experience with State of Texas Agencies.

5.3. Required Technical Knowledge:

5.3.1. Contractor must have working knowledge and instructional experience in the following platforms.

5.3.1.1. Adobe Creative Cloud

5.3.1.2. Figma

5.3.1.3. Canva

5.3.1.4. Procreate (iPad)

5.3.1.5. Active Board

5.4. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References with response submission to provide documentation to support the above qualifications and experience. TSD 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 will provide instructional support and direct teaching in Graphic Design and Animation classes for high school students. Instruction will focus on developing foundational to advanced graphic design and animation skills through hands-on projects; industry-standard software, and real-world applications. The contractor will collaborate with school staff to support student learning and creativity.

6.2. Standards: All work performed shall be performed and completed in accordance with best modern practices and the standards of TSD. Any work performed not meeting the standards of TSD shall be corrected upon notification. Failure to correct work not meeting TSD standards shall give cause to the termination of any resulting contract from this RFP.

6.3. Dates of Services – Fall 2026:

Instructional services will be provided on the following dates (with the potential for minor adjustments in the event of unexpected school closures, weather delays or school calendar modifications):

6.3.1. August 17-21, 2026 16.5 hours

August 24-28, 2026 16.5 hours August 31-September 4, 2026 16.5 hours

6.3.2. September 8-11, 2026 13.0 hours

September 14, 16 and 18, 2026 9.5 hours September 21-25, 2026 16.5 hours September 28-October 2, 2026 16.5 hours

6.3.3. October 5-9, 2026 16.5 hours

October 13-16, 2026 13.0 hours October 19-23, 2026 16.5 hours October 26-30, 2026 16.5 hours

6.3.4. November 2-6, 2026 16.5 hours

November 9-13, 2026 16.5 hours November 16-20, 2026 16.5 hours November 30-December 4, 2026 16.5 hours

6.3.5. December 7-11, 2026 16.5 hours

December 14-17, 2026 14.0 hours

6.3.6. Total Fall Hours - 264.0 hours

6.4. Dates of Services – Spring 2027:

Instructional services will be provided on the following dates (with the potential for minor adjustments in the event of unexpected school closures, weather delays or school calendar modifications):

6.4.1. January 5-8, 2027 13.0 hours

January 11-15, 2027 16.5 hours January 19-22, 2027 13.0 hours January 25, 27 and 29, 2026 9.5 hours

6.4.2. February 1-4, 2027 13.0 hours

February 8-12, 2027 16.5 hours February 16-19, 2027 13.0 hours February 22-26, 2027 16.5 hours

6.4.3. March 1-5, 2027 16.5 hours

March 8-12, 2027 16.5 hours March 22-26, 2027 16.5 hours March 30-April 2, 2027 13.0 hours

6.4.4. April 5,7 and 9, 2027 9.5 hours

April 12, 13, 14 and 16, 2027 13.0 hours April 19, 21 and 23, 2027 9.5 hours April 26-29, 2027 14.0 hours

6.4.5. May 3, 5 and 7, 2027 9.5 hours

May 10-14, 2027 16.5 hours May 17-20, 2027 14.0 hours

6.4.6. Total Spring Hours - 260.5 hours

6.5. Daily Schedule:

6.5.1. Contractor arrival time:

6.5.1.1. Monday-Thursday: 8:30 AM

6.5.1.2. Friday: 7:45 AM

6.6. Animation Class – 2nd Period:

6.6.1. Monday – Thursday: 8:45AM – 9:35AM

6.6.2. Friday: 8:00AM – 9:10AM

6.6.3. Approximate enrollment: up to 10 students

6.6.4. Responsibilities Include:

6.6.4.1. Creative and teaching daily lesson plans using differential instruction

6.6.4.2. Delivering direct instruction in animations concepts and software

6.6.4.3. Guiding students through hands-on design projects

6.6.4.4. Assessing student progress and providing constructive feedback

6.6.4.5. Supporting skill development aligned to industry standards (TEKS)

6.7. Graphic Design Class – 3rd / 4th Periods:

6.7.1. Monday – Thursday: 9:40AM – 11:15AM

6.7.2. Friday: 9:10AM – 10:15AM

6.7.3. Approximate enrollment: up to 10 students

6.7.4. Responsibilities Include:

6.7.4.1. Creative and teaching daily lesson plans using differential instruction

6.7.4.2. Delivering direct instruction in animations concepts and software

6.7.4.3. Guiding students through hands-on design projects

6.7.4.4. Assessing student progress and providing constructive feedback

6.7.4.5. Supporting skill development aligned to industry standards (TEKS)

6.8. Prep Time:

6.8.1. Monday – Thursday: 11:20AM – 12:00PM

6.8.2. Every other Friday (Blue Day): 8:00AM – 9:10AM

6.8.3. Prep time will be used for lesson planning, reviewing student work, coordinating with school staff, and preparing instructional materials,

6.9. Total Hours Per Day:

6.9.1. Monday – Thursday: 3.5 hours (8:30AM – 12:00PM)

6.9.2. Friday: 2.5 hours (8:30AM – 11:00AM)

6.9.3. Total: 524.5 hours for the 2026-2027 School Year

6.10. Additional Notes:

6.10.1. Student enrollment numbers may vary throughout the semester.

6.10.2. Different groups of students each semester.

6.10.3. The contractor is expected to maintain professionalism, follow campus policies, and collaborate effectively with school personnel.

6.10.4. When the contractor is out sick, they will not charge for the sick day.

7. CONTRACTOR REQUIREMENTS

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

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

7.3. Contractor shall provide all labor, material, and equipment necessary 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.

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

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

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

7.7. Contractor shall follow relevant safety rules and conduct work in an appropriate and safe manner.

7.8. Contractor shall not subject any person to discrimination on the grounds of race, color, national origin, religion, sex, age, disability or political affiliation.

7.9. Contractor must ensure the interpreting needs of students, staff and programs at TSD are met and in compliance with the American with Disabilities Act (ADA) and Individuals with Disabilities Education ACT (IDEA).

7.10. Contractor and Contractor staff shall maintain all certification, registration, and / or licenses required by law to remain in good standing in the profession related to this RFP for the duration of the contract.

7.10.1. Contractor must immediately notify TSD of any changes, including forfeiture of certifications, registration, or licenses during the term of this contract.

7.11. Contractor shall not enter into agreement with subcontractors or assign the contract to a differing entity without prior written approval of TSD.

7.12. Attire Standards: Dress attire must be professional in nature, with contractor wearing appropriate external identification at all times on campus.

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

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

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

7.12.4. No visible tattoos depicting inappropriate images or language.

7.13. All contractor personnel to have direct contact with TSD students and staff are subject to the passing of a successful background check. Contractor is responsible for all associated costs incurred for background check.

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

7.15. If any award issued from this RFP will total $1 million or greater in the initial award and/or inclusive of amendments, awarded Contractor will be required to complete and electronically file the Texas Ethics Committee Form 1295 in accordance with Texas Government Code 2252.908.

8. TSD RESPONSIBILITIES

8.1. TSD shall designate an internal point of contact upon contract award.

8.2. TSD shall furnish no additional labor, equipment or facilities unless otherwise explicitly stated in this RFP. A computer and general instructional technology will be provided by TSD as part of the classroom setting.

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 https://www.ethics.state.tx.us/filinginfo/1295/ to quote on the proposed additional services. Contractor shall submit proposals to TSD as instructed with. All quotes are subject to negotiation with the Best and Final Offer.

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

10. PRICE ADJUSTMENTS

10.1. Extension / Renewal Period Pricing: A price escalation may be allowed upon renewal provided the Contractor notifies TSD Purchasing 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).

11. VetHUB SUBCONTRACTING

11.1. TSD has determined there are no probable VetHUB subcontracting opportunities for this solicitation.

12. CONTRACT ADMINISTRATION

12.1. TSD Purchasing Manager will serve as the contract administrator and contract manager of the resulting contract, if any from this RFP.

13. INVOICING AND PAYMENT

13.1. Contractor shall submit all invoices to: Texas School for the Deaf, Accounts Payable, 1102 S. Congress Avenue, Austin, TX 78704 or accounts.payable@tsd.stexas.gov

13.2. Invoice shall be submitted no more than thirty (30) days after monthly service is provided, and at a minimum must include the following: Vendor name, TSD PO / Contract No., services being provided, dates of service, total cost.

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

1.1. TSD intends to proceed according to the following schedule. These dates represent a tentative schedule of events; however, TSD 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.

RFP Issue Date: July 30, 2026 Questions Due: August 3, 2026; 3:00PM CT Agency Written Answers Provided: August 4, 2026; 3:00PM CT Proposal Due Date: August 6, 2026; 3:00PM CT Anticipated Commencement Date August 17, 2026

2. INQUIRIES

2.1. Contact: All requests, questions, or other communications about this solicitation shall be made in writing to TSD’s Purchasing Department, addressed to the following Person:

David Rivera, Purchasing Manager purchasing@tsd.texas.gov

2.2. Deadline for submission of questions: To provide TSD with sufficient time to adequately prepare response to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1. Failure to meet this deadline may result in TSD’s inability to respond to your inquiries.

2.3. Responses to any submitted questions shall be made through a posting on the Electronic State Business Daily as an addendum per the tentative schedule provided in Section II, Subsection 1.

3. PROPOSAL CONTENT

3.1. General Response Format (mailed submission): Respondent shall submit one (1) proposal signed in ink. Response shall be on 8-1/2 x 11-inch paper and tax-indexed corresponding to the sections/exhibits listed below. Spine-bound submissions are highly discouraged.

3.2. General Repose Format (electronic submission): Respondent shall submit one (1) original proposal signed in ink. Shall be on 8-1/2 x 11-inch paper and include a working table of contents corresponding to the sections/exhibits listed below.

3.3. Required Response Content: Respondent must include the following documentation with their response submission. FAILURE TO SUBMIT WITH RESPONSE MAY RESUT IN

DISQUALIFICATION OF THE PROPOSAL.

3.3.1. Exhibit A – Execution of Proposal

3.3.2. Exhibit B – Price Sheet

3.3.3. Exhibit C – Company Profile

3.3.4. Exhibit D – Key Personnel

3.3.5. Exhibit E – Past Projects

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

3.4.1. 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.

3.5. If the total value of the proposal submissions, including any renewals, is $1 million or more, the vendor is required to complete Form 1295 – Certificate of Interested Parties.

This form must be electronically filled through the Texas Ethics Commission website. A copy of the completed Form 1295 must be submitted with the vendor’s proposal response.

The certificate number must be clearly displayed on the submitted form for verification purposes.

4. PROPOSAL SUBMISSION

4.1. All proposals shall be received and date / time stamped by TSD Purchasing personnel prior to 3:00PM Central Time on the date specified in Section II, Subsection 1, and the place specified in Section II, Subsection 5. Late proposals will not be considered.

4.2. Mailed proposals shall be placed in a sealed envelope/package and identified with the correct RFP number, submittal deadline and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal to TSD by the specified date.

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

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

4.5. Proposals shall be submitted to TSD Purchasing Department, as noted in Section II, Subsection 5 below.

4.6. Telephone and facsimile proposals are not an acceptable response to an RFP.

4.7. All submitted proposals become the property of TSD after the RFP submittal deadline.

Responses shall constitute an offer for a period of ninety (90) days or until selection is made by TSD, whichever is earlier.

5. DELIVERY OF PROPOSALS

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

U.S. Postal Service Overnight/Express Mail Hand Delivery

Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

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

Austin, TX 78704

Texas School for the Deaf Pease Building – Basement Floor

1102 S. Congress Avenue Austin, TX 78704

Electronic Mail Texas School for the Deaf Attn: Purchasing Manager purchasing@tsd.texas.gov

Note: Proposals must be date stamped in TSD’s Purchasing Department prior to due date and time

6. EVALUTION 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. TSD reserves the right to reject any or all proposals, and to waive informalities and minor irregularities in proposals received. No proposal received in TSD’s Purchasing Department after the exact date and time specified as the deadline to responses will be considered.

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

Evaluation Criteria Weight Compensation and Fees (based on Exhibit B) 40% Qualifications & Experience (based on Exhibits C, D, & E) 60%

Total 100%

6.3. Step 3 – Short List: TSD reserves the right in its sole discretion to develop a short list, at which time TSD 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): TSD’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: TSD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TSD and the State in performance of this service. TSD will be the sole judge of value.

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

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

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

6.6.3. Provides the most customer focused solution that will best meet the needs of TSD

6.6.4. 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: TSD 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

June 2026

(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 and approved by proper TSD personnel.

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.

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 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

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 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 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.

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

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

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

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

42. PROTEST PROCEDURES: Any Respondent who is aggrieved in connection with this solicitation, evaluation, or award or any contract resulting from this solicitation may formally protest as provided in 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…