ESBD_File_336426_RFP Exhibit A Execution of Offer.pdf

Exhibit A – Execution of Offer RFP No. 808-23-231609

Exhibit A Execution of Offer

RFP # 808-23-231609

1. By signature hereon, Respondent represents and warrants that the provisions in this Execution of Offer apply to Respondent and all of Respondent’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this RFP or any contract resulting from it.

2. By signature hereon, Respondent represents and warrants its intent to furnish the requested items at the prices quoted in its Offer.

3. By signature hereon, Respondent represents and warrants that its prices include all costs of Respondent in providing the requested items that meet all specifications of this RFP, and that its prices will remain firm for acceptance for a minimum of ninety (90) days from deadline for submission of Offer.

4. By signature hereon, Respondent represents and warrants that each employee, including replacement employees, will possess the qualifications, education, training, experience and certifications necessary to perform the services in the manner required by this RFP.

5. By signature hereon, Respondent represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to THC under the RFP and any resulting contract, if any, and that Respondent’s provision of the requested items under the RFP and any resulting contract, if any, would not reasonably create an appearance of impropriety.

6. By signature hereon, Respondent represents and warrants that, pursuant to Section 2155.003 of the Texas Government Code, it has not given, 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 Offer.

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

8. By signature hereon, Respondent hereby represents and warrants that, pursuant to 15 U.S.C. Section 1, et seq. and Texas Business and Commerce Code Section 15.01, et seq., neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the Offer made to any competitor or any other person engaged in such line of business.

9. By signature hereon, Respondent represents and warrants that all statements and information prepared and submitted in response to this RFP are current, complete and accurate.

10. By signature hereon, Respondent represents and warrants that the individual signing this document and the documents made part of this RFP and Offer is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Offer.

11. By signature hereon, Respondent represents and warrants that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Bidder as defined by Section 2155.444(c) of the Texas Government Code.

12. Check below if Respondent is claiming a preference under 34 Texas Administrative Code §20.306 or Chapter 2155, Subchapter H of the Texas Government Code:

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

□ Commercial production company or advertising agency located in Texas

13. By signature hereon, under Section 231.006, Texas Family Code, regarding child support, Respondent certifies that the individual or business named in the offer is not ineligible to receive the specified payment and acknowledges that the contract may be terminated, and payment may be withheld if this certification is inaccurate. Furthermore, any Respondent subject to Section 231.006, Texas Family Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the offer. This information must be provided prior to award. Enter the Name and Social Security Number for each person below:

Name: SSN:

Name: SSN:

Name: SSN:

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act.

Disclosure of your Social Security Number (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

14. By signature hereon, Respondent represents and warrants that no relationship, whether by relative, business associate, capital funding contract or by any other such kinship exist between Respondent and an employee of any THC component, and Respondent has not been an employee of any THC component within the immediate twelve (12) months prior to Respondent’s Offer. By signature hereon, Respondent certifies that it is in compliance with Section 669.003 of the Texas Government Code, relating to contracting with executive head of a state agency. Respondent must complete the following, marking “N/A” if not applicable:

• Name of Former Executive:

• Name of State Agency:

• Date of Separation from State Agency:

• Position with Respondent:

• Date of Employment with Respondent:

All such disclosures will be subject to administrative review and approval prior to THC entering into any contract with Respondent. Respondent acknowledges that any contract resulting from this RFP may be terminated at any time, and payments withheld, if this information is false.

15. By signature hereon, pursuant to Section 2155.004(a) of the Texas Government Code, Respondent represents and warrants that neither it nor any person or entity which will participate financially in any contract resulting from this RFP has received compensation for participation in the preparation of specifications for this RFP. In addition, under Section 2155.004 of the Texas Government Code, Respondent certifies that the individual or business entity named in the Offer or any contract resulting from this RFP is not ineligible to receive the specified contract and acknowledges that the contract may be terminated, and payment withheld if this certification is inaccurate.

16. By signature hereon, in accordance with Section 2155.4441 of the Texas Government 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.

17. By signature hereon, Respondent represents and warrants that THC’s payments to Respondent and Respondent’s receipt of appropriated or other funds under any contract resulting from this RFP are not prohibited by Sections 556.005, 556.0055 or 556.008 of the Texas Government Code.

18. By signature hereon, Respondent represents and warrants that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government’s terrorism watch list as described in Executive Order 13224.

Entities ineligible for federal procurement are listed at https://www.sam.gov/SAM/

19. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, https://www.sam.gov/SAM/

Respondent certifies that the individual or business entity named in its Offer is not ineligible to receive the specified contract and acknowledges that any contract resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

20. By signature hereon, if Respondent is submitting an offer for the purchase or lease of computer equipment, then Respondent hereby certifies its compliance with Chapter 361, Subchapter Y of the Texas Health and Safety Code, and the Texas Commission on Environmental Quality rules at 30 Texas Administrative Code Chapter 328.

21. By signature hereon, Respondent represents and warrants that it is not aware of and has received no notice of any court or governmental agency actions, proceedings or investigations, etc., pending or threatened against Respondent or any of the individuals or entities included in this Section I within the five (5) calendar years immediately preceding the submission of Respondent’s Offer in response to this RFP that would or could impair Respondent’s performance under any contract resulting from this RFP, relate to the solicited or similar goods or services, or otherwise be relevant to THC’s consideration of Respondent’s Offer. If Respondent is unable to make the preceding representation and warranty, then Respondent instead represents and warrants that it has included as a detailed attachment in its Offer a complete disclosure of any such court or governmental agency actions, proceedings or investigations, etc. that would or could impair Respondent’s performance under any contract resulting from this RFP, relate to the solicited or similar goods or services, or otherwise be relevant to THC’s consideration of Respondent’s Offer. In addition, Respondent represents and warrants that it shall notify THC in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update THC shall constitute breach of contract and may result in immediate termination of any contract resulting from this RFP.

22. By signature hereon, Respondent represents and warrants that it and each of its subcontractors have the requisite resources, qualifications and independence to conduct the services free from outside direction, control, or influence, and subject only to the accomplishment of THC’s objectives.

23. By signature hereon, Respondent represents that neither Respondent or any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, proposed in the Offer has been convicted of a felony criminal offense, or that if such a conviction has occurred Respondent has fully advised THC of the facts and circumstances in its Offer.

24. By signature hereon, Respondent represents and warrants that if selected for award of a contract as a result of this RFP, Respondent will submit to THC a Certificate of Interested Parties prior to contract award in accordance with Section 2252.908 of the Texas Government Code.

25. By signature hereon, Respondent represents and warrants that, pursuant to Section 2270.002 of the Texas Government Code, Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this RFP.

26. By signature hereon, Respondent represents and warrants that, Respondent certifies that: (i) is not a “Listed Company” as identified by the Texas Comptroller of Public Accounts or the Texas Pension Review Board; (ii) is not engaged in “scrutinized business operations” as defined by Sections 806.002 or 807.002 of the Texas Government Code; and (iii) does not have contracts with or provide supplies or services to a “foreign terrorist organization” as defined by Section 2252.151(2) of the Texas Government Code.

27. By signature hereon, Respondent represents and warrants that it has read and agrees to all terms and conditions of this RFP, unless Respondent specifically takes an exception and offers an alternative provision in Respondent’s Offer to this RFP.

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

Signature of Authorized Representative Date Signed

Printed Name & Title of Authorized Representative

Phone Number

Entity Name (“Respondent”) Fax Number E-mail Address

Federal Employer Identification Number DUNS Number

Physical Street Address City, State, Zip Code

Mailing Address, if different City, State, Zip Code

NOTE: THIS EXHIBIT MUST BE COMPLETED & RETURNED WITH THE SUBMITTAL