ESBD_File_255490_Respondent's Certification.docx

RESPONDENT'S CERTIFICATIONS

(This document must be signed and returned with the Response)

Respondent certifies each of the numbered statements below by signing and returning this document with the Response. If Respondent cannot affirm any certification in whole or part, please provide the facts that prevent Respondent from making the certification with the Response. These certifications are part of the Response and any re suiting contract. Untrue, inaccurate or mis leading certifications may lead to disqualification of the Response or, after contract award, to TRS exercise of contract remedies, such as termination for ca use, and other administrative and criminal penalties.1

1. Respondent has not given or offered, and does not intend to give or offer, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service or other thing of value to a public servant in connection with this or any other TRS solicitation or contracting opportunity.

2. Respondent has disclosed any known financial interest of, or foreseeable financial benefit to, any TRS trustee, executive director, chief operations and administrative officer, general counsel or head of procurement and contracts, and their family members who are related to Respondent or its owners, officers, directors and employees within the second degree by affinity or consanguinity, as defined by Section 2261.252, Gov't Code .2 To the best of its knowledge after due inquiry, Respondent has disclosed any proposed personnel who are related to any current employees of TRS.

3. During the four years ending on the date of the Response, Respondent and any owner, member, partner, officer, director, or employee of Respondent has not been the executive head of TRS. Respondent does not employ a current executive head of TRS or any other state agency, or a former executive head of TRS or another state agency who was an executive head during the four years ending on the date of the Response.

4. Respondent and its owners, members, partners, officers, directors, and employees have not been a TRS employee within the preceding 12 months. Respondent acknowledges and agrees that, pursuant to Section 2052.901, Gov't Code, if a contract is awarded and the Respondent employs a person that was employed by TRS within the preceding 12 months, the person will not perform services on projects for the Respondent that the employee worked on while employed by TRS. Neither Respondent nor any of its owners, members, partners, officers, directors, key employees, or managers or supervisors is or has been subject to suspension, debarment, or similar ineligibility determined by any federal, state or local government entity.

5. The Response does not include any financial participation in a TRS contract, if awarded, by an individual or entity that was compensated by TRS for preparation of specifications or the solicitation. In accordance with Section 2155.004, Gov't Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that the contract, if a warded, may be terminated and payment withheld if this certification is inaccurate.

6. Neither the Respondent, nor the firm, corporation, or other business entity represented by the Respondent, or anyone acting for such a firm, corporation or other business entity, has violated the antitrust laws of this state (Chapter 15 of the Texas Business & Commerce Code) or federal antitrust law. Respondent has not communicated any information relating to its Response, directly or indirectly, to any competitor or any other person engaged in the same line of business. Respondent has not received information about any other responses to this solicitation.

7. No individual who is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent of Respondent is a child support obligor who is more than 30days delinquent in paying child support. In accordance with Section 231.006, of the Texas Family Code, the Respondent certifies that the individual or business entity named in this Response is not ineligible to receive the specified payments and acknowledges that a contract, if awarded, may be terminated and payment may be withheld if this certification is inaccurate.

8. The Response does not include proposed financial participation by any person who, during the five-year period preceding the date of the Response (or contract award- explain if necessary), has been convicted of violating a federal law or assessed a penalty in a federal ci vii or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a re suit of any disaster occurring on or after September 24, 2005, including Hurricane Rita and Hurricane Katrina. In accordance with Section 2155.006, Gov't Code, the Respondent certifies that the individual or business entity named in the Response is not ineligible to receive the specified contract and acknowledges that a contract, if awarded, may be terminated and payment withheld if this certification is inaccurate.

9. Neither Respondent or any of its officers or managers has been adjudicated by a court of law to have violated the Texas Decepti1.1: Trade Practices Act in Chapter 17, Bus. & Comm. Code.

10. If Respondent gives a Texas address for itself, that address is Respondent's legal business address, and Respondent is either

1 Statutory reference in this certification are to Texas statutory subject codes.

2 The second degree of consanguinity (blood relationship) includes parent, child (including adopted), sister, brother, grandparents, and grandchildren. The second degree of affinity (relationship by marriage) includes spouses, in-laws, stepchildren, stepparents, spouse's grandparent, spouse's grandchild, grandchild's spouses, and grandparent's spouse. Divorce does not terminate affinity if a child of the marriage is living.

Solicitation No.: _ incorporated in Texas, has its principal place of business in Texas, or has an established physical presence in Texas.

11. Respondent acknowledges that TRS is required by law to post to the Legislative Budget Board's public website information about this solicitation, including Response documents and any a warded contract. Respondent acknowledges that its Response is subject to public disclosure pursuant to the Texas Public Information Act (unless an exception is determined by the Texas Attorney General to be applicable), and it is Respondent's obligation to specifically identify information it claims is confidential or proprietary in connection with its Response.

12. Respondent is not engaged in business with Iran, Sudan, or a foreign terrorist organization that is subject to, and not expressly excluded from, federal sanctions and is not itself included on a list of companies prepared and maintained by the Texas Comptroller of Public Accounts pursuant to Section 2252.152, Gov't Code.

13. Respondent does not and will not boycott Israel as "boycott Israel" is defined in Section 808.001, Gov't Code during the term of the contract, if awarded.

14. Respondent's franchise tax account status in the State of Texas is in compliance with all franchise tax requirements, Respondent is current in its franchise tax reporting, and Respondent does not owe past-due Texas franchise tax, or is exempt from or not subject to such tax or reporting.

15. Respondent is in good standing in the jurisdictions where it is required to be authorized, licensed, or certified to conduct business for the purpose of providing the services relating to this solicitation. Respondent agrees to notify TRS in writing promptly upon any material change, including lapse or revocation, in its authorization, licensing, or certification status in any jurisdictions where authorization, licensure, or certification is required to perform the services relating to this solicitation.

16. To the extent that TRS is expending appropriated general revenue funds of the State of Texas, Respondent acknowledges and agrees that, to the extent Respondent owes any debt or delinquent taxes to the State of Texas, any payments owed under the contract, if awarded, may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Respondent owes to the State of Texas until the debtor delinquent taxes are paid in fu II.

17. Respondent acknowledges that TRS is required to conduct a search within the Federal System of Award Management (SAM) to verify that the Respondent and its affiliates, and anyone acting for such a firm, corporation, or other business entity is not financing terrorist groups or affiliates or doing business with organizations that threaten to commit or support terrorism.

18. If any of these certifications change between submission of the Response and a ward of a contract or cancellation of the solicitation, Respondent will promptly notify TRS.

19. Pursuant to Texas Family Code§ 231.006(c), regarding child support, Responses must include names and Social Security Numbers of the individual or sole proprietor and each partner, member, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the Response. Please check one of the following:

· This provision applies, and the required information is submitted in the Response.

· This provision does not apply to the Respondent.

Name of Respondent: _ Authorized signatory: _ Name:

Title: