ESBD_File_331218_IFB Grounds Mini Truck.pdf

TEXAS STATE UNIVERSITY

INVITATION FOR BIDS (IFB)

IFB NO. #754-Grounds Mini Truck BID DUE: August 11th @230PM/CST

BIDDER AGREES TO COMPLY WITH ALL TERMS & CONDITIONS OF THIS IFB

FAILURE TO SIGN WILL DISQUALIFY BID

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 in Section 2155.444 (c) (2) of the Texas Government Code and 34 TAC Rule 20.306.

Vendor Name: _______________________________________________________________________________

Vendor Address: _____________________________________________________________________________

City/State/Zip: _______________________________________________________________________________

Telephone/Fax: ______________________________________________________________________________

E-Mail: _____________________________________________________________________________________

Vendor ID #: ________________________________________________________________________________

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT FOR GOODS/SERVICES PURCHASED AGAINST CONTRACT AWARDS. THE FEDERAL EMPLOYERS IDENTIFICATION NUMBER (EIN) WILL BE USED TO ESTABLISH A PAYEE ID NUMBER:

PLEASE ENTER YOUR FEDERAL EIN:

Every vendor MUST have an EIN prior to receiving payment under an awarded contract. This requirement minimizes identity theft. For information on obtaining your EIN, you may call the IRS at 800-829-4933 or visit the following web site: http://www.irs.gov/businesses/

PREFERENCES

See page 80 of the State of Texas Procurement Manual (v 2.1) regarding preferences.

Check below to claim a preference under 34 TAC Rule 20.306 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 Paper containing recycled fibers Recycled or Reused Computer Equipment of Other Manufacturers Foods of Higher Nutritional Value Travel agents residing in Texas

AUTHORIZED SIGNATURE DATE

STANDARD TERMS AND CONDITIONS:

ITEMS BELOW APPLY TO AND BECOME PART OF BID.

ANY EXCEPTIONS THERETO MUST BE IN WRITING.

1. BIDDING REQUIREMENTS:

1.1 Submit bids on this Form. Each bid shall be properly identified with Bid Invitation No. and Opening Date. Bids must be received at the designated place on or before opening date and time shown on this Invitation Form. Late or unsigned bids will not be considered. The person signing this bid must have the authority to bind the firm in a contract.

1.2 AWARD NOTICE: The University 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 that will serve the best interest of the University and to reject any and all bid items at the sole discretion of the University. The University also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of the University.

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

1.4 Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications. If otherwise, bidder will show exact cost to deliver. Bid unit price on the quantity specified, extend and show total. Unit prices shall govern, including in case of errors. Bid prices will be considered firm for acceptance within 30 days after the bid opening date unless otherwise specified. Cash discounts will not be considered in determining award; all cash discounts offered will be taken if earned. Bidder will list and deduct all trade discounts, educational discounts, and other discounts, not based on early payment from the bidder's prices quoted.

1.5 University is exempt from State Sales Tax and Federal Excise Tax. Do not include in bid. Tax Exemption Certificate furnished upon request.

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

1.7 The TINS ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If the Vendor ID number is not known, enter Bidder's Federal Employer's Identification Number, or Social Security Number if a sole owner.

Bidder will provide the name and Social Security Number for each person having at least 25% ownership interest in Bidder.

This disclosure is mandatory pursuant to Section 231.006, Texas Family Code, and will be used for the purpose of determining whether an owner of Bidder with an ownership interest of at least 25% is more than 30 days delinquent in paying child support. Further disclosure of this information is governed by the Texas Public Information Act, Chapter 552, Texas Government Code, and other applicable laws.

Name: SSN:

Name: SSN:

Name: SSN:

1.8 University reserves the right to accept or reject all or part of any bid, waive any formalities or technical inconsistencies, delete any requirement or specification from this Invitation, or terminate this solicitation when deemed to be in University's best interest.

1.9 Telephone and fax bids are not acceptable. Email and/or delivery will be acceptable. University shall not be responsible for bids received late, or that are illegible, incomplete, or otherwise non-responsive due to failure of electronic equipment or operator error.

Mail, Email, Courier or Hand Deliver Proposal to:

Texas State University ATTN: Michael Maldonado Office of Facilities Procurement & Contracting 151-4 East Sessom, Facilities Warehouse Bldg., Room 110 San Marcos, TX 78666-4616 Mm87@txstate.edu

1.10 In case of tie bids, any award will be made pursuant to Rule § 20.207(c)(3) in Title 34 of the Texas Administrative Code.

1.11 Bidder shall not assign any resulting contract or agreement resulting from this Invitation to Bid without prior written approval from the University.

1.12 Historically Underutilized Businesses (HUB) Submittal Requirements: All agencies of the State of Texas are required to make a “good faith effort” to assist Historically Underutilized Businesses (each a “HUB”) in receiving their fair share of Contract or Subcontract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any Contract resulting from this Solicita-tion, Respondent subcontracts any of the services, then Respondent must make a good faith effort to utilize HUBs certified by the Statewide Procurement Division of the Texas Comptroller of Public Accounts (SPD).

Proposals that fail to comply with the subcontracting requirements contained in this Section 1.12 will constitute a material failure to comply with advertised specifications and will be rejected by the University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any Contract resulting from this Solicitation.

Respondent acknowledges that, if selected by the University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the services will continue throughout the term of all agreements and contractual arrangements result-ing from this Solicitation. Furthermore, any subcontracting of the services by the successful Respondent(s) is subject to review by the University to ensure compliance with the HUB program requirements.

The statewide HUB Annual Utilization Goals are often referred to as “HUB Goals” and are based on expenditures by procure-ment categories for the state agencies and state universities. Up-to-date HUB goals for total statewide expenditures can be found at the following link: https://comptroller.texas.gov/purchasing/vendor/hub/disparity/#goals

If the University determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan (HSP) is a re-quired element of the response to this Solicitation. Failure to submit a required HUB Subcontracting Plan will result in rejec-tion of the Proposal as noted above.

1.12.1 STATEMENT OF PROBABILITY: The University has determined that subcontracting opportunities are not probable in connection with this procurement Solicitation. Therefore, a HUB Subcontracting Plan (HSP) is not required as a part of the Respondent's Proposal. The Respondent shall develop and administer a HSP as a part of the Respondent's Proposals.

2. SPECIFICATIONS:

2.1 Unless specifically stated otherwise, catalog, brand name or manufacturer's reference used in this Invitation is descriptive and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered. Further information regarding detailed specifications are found in the Scope of Work on page 9 of this IFB.

2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in this Invitation. Verbal agreements to the contrary will not be recognized.

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

NEMA.

2.4 The University will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Bids (IFB).

2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.

https://comptroller.texas.gov/purchasing/vendor/hub/disparity/#goals

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

3. DELIVERY:

3.1 Bid should show the number of days required to deliver items to University's designated location under normal conditions.

Unrealistically short or long delivery promises may cause bid to be disregarded. Failure to state delivery time obligates bidder to complete delivery in 14 calendar days.

3.2 If delay is foreseen, bidder shall give written notice to the University. Bidder must keep the University advised at all times of status of order.

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

3.4 No substitutions permitted without written approval of the University.

3.5 Delivery shall be made during normal working hours only. See Section 1.9 for delivery address and point of contact.

3.6 The Texas Health and Safety Code, Chapter 502, Texas Hazard Communication Act requires chemical manufacturers and distributors to provide Material Safety Data Sheets (MSDSs) for hazardous materials sold. Products covered by this Act must be accompanied by a MSDS and such products must be labeled in compliance with the law. For any product not covered under the Act, a statement of exemption must be provided.

4. INSPECTION AND TESTS:

All goods will be subject to inspection and test by the University. Authorized University personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the bidder in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at the University's option, be returned to the bidder or held for disposition at bidder's expense. Latent defects may result in revocation of acceptance.

5. AWARD OF CONTRACT:

A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through a purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in §§2155.074, 2155.144, 2156.007, and 2157.003, Gov't Code, shall also be considered in making an award when specified. Any legal actions must be filed in Hays County, Texas.

6. PAYMENT:

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

7. BIDDER AFFIRMATION:

By signature hereon, Bidder makes the following affirmations, certifications, representations, warranties, covenants, and agreements:

7.1 Bidder affirms that it has not given or 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 the submitted bid. Failure to sign the bid may, and signing it with a false statement shall, void the submitted bid or any resulting contract and bidder will be removed from all bid lists.

7.2 Bidder certifies that (i) no relationship, whether by blood, marriage, business association, capital funding agreement or by any other such kinship or connection, exists between the owner of any Bidder that is a sole proprietorship, the officers or directors of any Bidder that is a corporation, the partners of any Bidder that is a partnership, the joint venturers of any Bidder that is a joint venture or the members or managers of any Bidder that is a limited liability corporation, on one hand, and an employee of Texas State University, on the other hand, other than the relationships which have been previously disclosed to University in writing, and (ii) Bidder has not been an employee of University or any component institution of Texas State University within the immediate twelve (12) months prior to the Bid Opening Date. All disclosures by Bidder in connection with this certification will be subject to administrative review and approval before University enters into a contract or agreement with Bidder.

7.3 Bidder certifies that it is not currently delinquent in the payment of any taxes due under Chapter 171, Texas Tax Code or that Bidder is exempt from the payment of those taxes, or that Bidder is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable. Bidder acknowledges that a false certification will be deemed a material breach of any resulting contract or agreement and, at University’s option, may result in termination of any resulting contract or agreement.

7.4 Bidder certifies that neither the Bidder nor any firm, corporation, partnership or institution represented by Bidder, or anyone acting for any such entity has (a) violated the antitrust laws of this State, (codified in Section 15.01 et seq., Texas Business and Commerce Code), or the federal antitrust laws, or (b) communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

7.5 Bidder, in accordance with Section 2155.004, Texas Government Code, certifies that it has not received compensation for its participation in the preparation of the requirements or specifications for this Invitation to Bid. In addition, Bidder certifies that an award of a contract or agreement to Bidder will not violate Section 2155.006, Texas Government Code, prohibiting University from entering into a contract that involves financial participation by a person who, during the previous five years, has been convicted of violating federal law or assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a

7.6 Bidder, pursuant to Section 2155.004 and 2155.006, Texas Government Code, certifies that Bidder is not ineligible to receive the award of or payments under any resulting contract or agreement and acknowledges that such a contract or agreement may be terminated, and payment withheld if these certifications are inaccurate.

7.7 Bidder agrees that pursuant to Sections 2107.008 and 2252.903, Texas Government Code, any payments owing to Bidder under any contract or agreement resulting from this Invitation to Bid may be applied directly to any debt or delinquency that Bidder owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.

7.8 BIDDER WILL DEFEND WITH COUNSEL APPROVED BY UNIVERSITY, INDEMNIFY, AND HOLD HARMLESS UNIVERSITY, TEXAS STATE UNIVERSITY, THE STATE OF TEXAS, AND ALL OF THEIR REGENTS, OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ALL ACTIONS, SUITS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND OTHER CLAIMS OF ANY NATURE, KIND OR DESCRIPTION, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED IN INVESTIGATING, DEFENDING OR SETTLING ANY OF THE FOREGOING, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT OR AGREEMENT RESULTING FROM THIS INVITATION TO BID.

7.9 Bidder, pursuant to Section 669.003 of the Texas Government Code, represents, certifies and warrants that is (i) is not the executive head of the University, (ii) was not the executive head of the University at any time during the four years before the Bid Opening Date, and (iii) does not employ (or anticipate employing) either (a) the current executive head of the University or (b) any person who was the executive head of the University during the four years before the Bid Opening Date.

Provided, however, in the event that the Bidder cannot make the above representation, certification and warranty, then Bidder must include in its bid a statement of why Bidder is unable to do so as well as all of the following information in order for their bid to be evaluated by the University for compliance with Section 669.03:

A. Bidder must identify the names of the current or any former executive heads of the University (1) with whom Bidder proposes the University enter into a contract or agreement or (2) who are employed by Bidder (or whom Bidder anticipates employing.))

B. Bidder must identify the following information for each individual identified in item A above who was formerly an executive head of the

University:

(1) the individual’s date of separation from the University;

(2) the position that the individual holds (or will hold) with Bidder; and

(3) the date(s) during which the individual has been employed by Bidder, or dates on which the individual is to start employment with Bidder.

Name of Former Executive: _______________________________________________________________________

Name of State Agency: __________________________________________________________________________

Date of Separation from State Agency: _____________________________________________________________

Position with Bidder: ____________________________________________________________________________

Date of Employment with Bidder: __________________________________________________________________

Bidder’s failure to provide such a statement and all of the above information in its bid constitutes Bidder’s agreement to the representation, certification and warranty set forth at the start of this Section 4.9. The University may require Bidder to provide additional information and assistance in order to comply with Section 669.003; Bidder acknowledges that the University may reject Bidder’s bid in the event that Bidder does not provide such additional information and assistance.

Bidder acknowledges that Section 669.003 may prevent Bidder from being awarded any contract or agreement resulting from this Invitation to Bid.

7.10 Bidder covenants and agrees that if it performs services under any contract or agreement resulting from this Invitation to Bid, Bidder will comply with Section 2155.4441, Texas Government Code in performing its duties and obligations under that contract or agreement by purchasing products and materials produced in the State of Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas.

7.11 A Bidder that is a corporation or a limited liability company warrants, represents, covenants and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and delivery its bid and any contract or agreement resulting from this Invitation to Bid, and the individuals executing Bidder’s bid and any such contract or agreement on behalf of Bidder have been duly authorized to act for and bind Bidder.

7.12 Bidder, pursuant to Section 231.006, Texas Family Code, certifies that it is not ineligible to receive the award of or any payments under any contract or agreement resulting from this Invitation to Bid and acknowledges that such a contract or agreement may be withheld if this certification is inaccurate.

7.13 Bidder certifies its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

7.14 Bidder represents and warrants all products and services offered to the University in response to this Invitation to Bid meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and the Texas Hazard Communication Act, Chapter 502, Texas Health and Safety Code, and all related regulations in effect or proposed as of the date of this Invitation to Bid.

8. PATENTS, TRADEMARKS, OR COPYRIGHTS:

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

9. TEXAS BIDDER AFFIRMATION CLAUSE:

By signing this bid, Bidder certifies that if a Texas address is shown as the Bidder's address, Bidder qualifies as a Texas Bidder, as defined in Section 2155.444 (c) (2) of the Texas Government Code and in Title 34, Rule §20.306 of the Texas Administrative Code.

10. ACCESS BY INDIVIDUALS WITH DISABILITIES:

Bidder represents and warrants under both this bid and any contract or agreement between Bidder and the University that results from this Invitation to Bid ("EIR Accessibility Warranty") that the electronic and information resources and all associated information, documentation, and support that Bidder provides or offers to provide to the University under this bid or any resulting contract or agreement (collectively, the "EIRs") comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule §206.70 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code). To the extent successful Bidder becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Bidder represents and warrants that it will, at no cost to University, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Bidder is unable to do so, then the University may reject Bidder’s bid and/or terminate any contract or agreement between Bidder and the University resulting from this Invitation to Bid and Bidder will refund to the University all amounts the University has paid under any contract or agreement resulting from this Invitation to Bid within thirty (30) days after the termination date.

11. GENERAL:

11.1 Inquiries pertaining to this Invitation to Bid must identify the Bid Invitation No. and Opening Date.

11.2 NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, TEXAS GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION 559.004, TEXAS GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE

OF TEXAS CORRECT ANY INFORMATION ABOUT SUCH INDIVIDUALS THAT IS INCORRECT.

12. NOTICES:

Except as provided in this IFB, all notices, consents, approvals, demands, requests or other communications provided for or permitted to be given by Bidder to the University under any of the provisions of this Invitation to Bid or any resulting contract or agreement will be in writing and will be deemed to have been duly given or served when delivered by hand delivery, email, or when deposited in the US mail by registered or certified mail, return receipt requested, postage prepaid, and addressed to the Point of Contact set forth in the Invitation to Bid.

13. BREACH OF CONTRACT CLAIMS:

To the extent Chapter 2260, Texas Government Code, is applicable to any contract or agreement resulting from this Invitation to Bid and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Bidder to attempt to resolve any claim for breach of contract made by Bidder that cannot be resolved in the ordinary course of business. The chief University representative or his or her delegate will examine Bidder’s claim and any counterclaim and negotiate with Bidder in an effort to resolve such claims. The parties specifically agree that (i) neither the execution by University of any contract or agreement resulting from this Invitation to Bid nor any other conduct, action or inaction of any representative of University relating to such a contract or agreement constitutes or is intended to constitute a waiver of University’s or the state’s sovereign immunity to suit; and (ii) University has not waived its right to seek redress in courts.

14. NOTE TO BIDDER:

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

15. PROTEST PROCEDURES:

Any actual or prospective bidder who is aggrieved in connection with this IFB, evaluation, or award of any contract resulting from this IFB may formally protest as provided in the University's Bid Protest/Appeals Guidelines located at https://www.txst.edu/procurement/resources/GENERAL-PURCHASING.html.

16. DISPUTE RESOLUTION:

The dispute resolution process provided for in Chapter 2260, Gov't Code must be used by the University and the bidder to attempt to resolve any dispute arising under any contract resulting from this IFB.

17. NON-APPROPRIATION OF FUNDS:

Performance by University under any contract or agreement resulting from this IFB may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the "Legislature") and/or allocation of funds by the Board of Regents of the Texas State University System (the "Board"). If the Legislature fails to appropriate or allot the necessary funds, or the Board fails to allocate the necessary funds, then University will issue written notice to Bidder and University may terminate the Contract or Agreement without further duty or obligation hereunder. Bidder acknowledges that appropriation, allotment, and allocation of funds are beyond the University’s control.

18. TEXAS PUBLIC INFORMATION ACT:

All information, documentation, and other materials submitted in response to this Solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the Solicitation is completed. The University strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of Proposal information.

19. CONFLICT OF INTEREST:

Under §2155.003, Gov't Code, a University employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established on page 4 of the State of Texas Procurement Manual (v 2.1), which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of the university or purchasers of other state agencies.

20. FORCE MAJEURE:

Neither bidder nor the University shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this IFB caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

21. INDEPENDENT CONTRACTOR:

Bidder is and shall remain an independent contractor in relationship to the University. The University shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against the University for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

https://www.txst.edu/procurement/resources/GENERAL-PURCHASING.html

22. RIGHT TO AUDIT:

In addition to and without limitation on the other audit provisions of this IFB, pursuant to §2262, Texas Government Code, the state auditor may conduct an audit or investigation of the bidder or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the bidder or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the bidder or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. This IFB or any contract resulting from this IFB may be amended unilaterally by the University to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262, Texas Government Code. Bidder will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the bidder and the requirement to cooperate is included in any subcontract it awards.

SCOPE OF WORK FOR 754-Grounds Mini Truck

Texas State University is seeking bid proposals for 2 Mini Truck style vehicles that are equivalent or equal to a 2022 Daihatsu heavy duty dump that will meet our specifications, price and availability/delivery.

Note: Unless specifically stated otherwise, catalog, brand name or manufacturer's reference used in this Invitation is descriptive and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered

Specifications:

• White in Color/Heavy Duty Dump Box with Headache Rack is equipped with a Gravity gate

• Enclosed Cab

• 2 seats

• Safety Belt Harness (3 point retractable lap & shoulder equipped)

• Head Rests

• Windows (driver & p1assenger) with manual/electric roll up/down

• Locking Driver & Passenger Doors

• Dual Airbags

• Smart Assist Collision Warning/Avoidance

• Trac�on Control operated from Dash Buton

• Parking/Proximity sensors (front/back) (can be disabled from dash button)

• Interior Lighting

• Heat and Air Conditioning

• 660cc inline 3 Cylinder

• Electronic Fuel Injection

• Regular Gas

• Amber strobe light

• 4 Wheel Drive and Auto Mode 4WD operated from Dash Buton

• Locking Differential <operated from a dash push button

• Power 4 Wheel Disc Brakes

• Power Steering

• Electronic Dash with I Trip Odometer

• Factory Radio

• 4 Speed Wipers with 1Washer

• High/Low Beam Headlights, Brake Lights, Tail-lights, Turn Signals and Back Up Light

• 4 Way Flashers

• Horn

• 12V Power Outlet

• Dual Outside Mirrors

• Locking Gas Cap

• Bed Sides fold flat to make truck a Flat Bed

INVITATION FOR BIDS

TEXAS STATE UNIVERSITY

Continuation Page(s)

BID OPENING August 11th @230PM/CST

REQUISITION NO. 754-Grounds Mini Truck

VENDOR NAME:

VENDOR ID:

Vehicles must be delivered within 14-21 Calendar Days. Submit window stickers with vehicle specifications with Bid. Quote may be submitted on company letterhead.

Pictures are for reference.

PRICING FOR 754-Grounds Mini Truck

MODEL DESCRIPTION YEAR MILEAGE MSRP BASE

PRICE

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LIST PRICE

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OPTIONS

ESTIMATED

DELIVERY

AFTER PO

IS ISSUED

Title, License, Registration

Total Cost