ESBD_File_341671_IFB-771- SSS-24-0004 Intrusion Resistant Film.doc

TEXAS SCHOOL F/T BLIND & VISUALLY IMPAIRED

INVITATION FOR BIDS

Printed name of Signer

These specifications are being advertised under Section 2155.067 of the Texas Government Code. Only bids on items conforming exactly to these specifications, which include proposing only the brand name, make and model number specified, will be considered in determining an award.

All communications and questions concerning this solicitation, including any of a technical nature, shall be made in writing to the purchaser referenced on this solicitation. Bidders are specifically barred from making contact with any user department personnel, including TSBVI Board Members, involved in this solicitation for the purpose of discussing this solicitation. Violation may result in bidder disqualification.

Please be advised, the deadline for all questions concerning this solicitation will be November 27, 2023. Any questions received after this date and time will not be considered. Q&A responses will be posted to the ESBD on November 29, 2023, or as soon thereafter as practical. It is the responsibility of the Vendor to check the responses. TSBVI reserves the right to respond to questions as seen fit. The Respondent’s failure to periodically check the ESBD will not release the selected contractor from adhering to all addenda or additional information resulting in additional cost to meet the requirements of the IFB. All respondents must submit a completed and signed W-9. Respondent must mark any portion of the response confidential as necessary, otherwise all portions of the response will be subject to Public Record.

NIGP

440 -63/77 665-41

1.0 INTRODUCTION:

Texas School for the Blind and Visually Impaired located at 1100 West 45th Street, Austin, Texas 78756, is interested in receiving bids for the price per square footage for the materials and installation of INTRUSION RESISTANT FILM to be installed on glass exterior doors, exterior door windows and ground-level exterior windows at the school, at the lowest cost possible. The estimated square footage required is 1050 square feet. A site visit is scheduled- reference section 3.0 Schedule of Events.

2.0 SCOPE OF WORK:

Final location installation and installation schedule (based on TSBVI student schedule availability) will be discussed with the awarded respondent. Installation and clean up/debris removal must be completed by February 29, 2024. The awarded respondent will furnish all labor, materials, and services as specified herein, and as otherwise required to install intrusion resistance film on various doors/windows on the campus.

Material and installation shall meet the following requirements:

a. Material-

i. Must be SF Clear 8 mil or greater intrusion resistant film.

ii. The following brand and model meet the minimum specification requirements:

· 3M Safety Film Model ULTRAS800, like or similar

· Optically clear safety film

iii. All materials and parts used in installation service shall be genuine, of current manufacturer, of industrial standardization, and free from defects and imperfections.

iv. The bid must include a copy or guarantee of product warranty. The manufacturer’s standard warranty for the product is ___________ years. Successful bidder shall furnish manufacturer's warranty to receiving location at time of delivery.

v. The name and address of servicing dealer nearest the freight on board (F.O.B.) point who will perform the warranty work is:

Name: _________________________________________________________________________________________________

Address: _________________________________________________________________________________________________

Phone #: _________________________________________________________________________________________________

Name of individual to contact for warranty: __________________________________________________________________________

b. Installation-Must meet industry standards.

i. May require the removal of already installed solar film. Factor this into the bid response.

ii. Provide a proper edge attachment system.

iii. Lifts and equipment required for installation will be provided by the awarded respondent.

iv. Final cleaning- Upon completion of the work all equipment, material, and dirt/dust shall be cleaned up and removed from site (demo and disposal).

v. The bid must include a copy or guarantee of installation warranty. The respondent’s standard warranty for the installation is ___________ years. Successful bidder shall furnish respondent’s warranty to receiving location at time of delivery.

vi. The name and address of servicing dealer nearest the F.O.B. point who will perform the warranty work is:

Name: ___________________________________________________________________________________________________

Address: __________________________________________________________________________________________________

Phone #: ___________________________________________________________________________________________________

Name of individual to contact for warranty: __________________________________________________________________________

c. Workmanship/Experience-

i. The contractor should be an expert in this field of work and is fully knowledgeable and experienced in all aspects of procedures, methods, regulations, codes, and municipal requirements, with at least five (5) years of demonstrated experience with similar or larger projects.

ii. Provide three references with job-related experience within the last five (5) years. Each reference must contain a current contact name, name of the company (if applicable), contact number and email address.

iii. All contractors must pass the TSBVI Raptor Background check upon entering the campus. A valid Texas Drivers License or ID is required.

d. Other:

1) Minimum Order Requirements: TSBVI does not guarantee any quantities to be purchased or serviced under this contract. The quantities indicated in the bid are estimates and may not reflect the actual quantity required during the duration of the contract.

2) Three top evaluated respondents will be offered a site visit if requested.

3) TSBVI requires all bidders to submit a completed TSBVI Vendor Onboarding Package containing a W-9 and Direct Deposit Form. The TSBVI Vendor Onboarding Package is posted with the IFB on the ESBD. Any bid submitted that does not contain a completed TSBVI Vendor Onboarding Package is subject to disqualification.

4) Certificate of Insurance:

A. The contractor shall procure and maintain the below minimum insurance for the entire duration of service performance.

Employer’s Liability

Bodily Injury by Accident $500,000 Ea. Accident

Commercial General Liability

General Aggregate Applies Per Project $1,000,000 Bodily Injury & Property Damage – Each Occurrence

$1,000,000 Aggregate Limit

$1,000,000 Personal Injury & Advertising Liability

$1,000,000 Products / Completed Operations Aggregate Limit

$5,000 Medical Expense per person

Automobile Liability

All Owned, Hired and Non-Owned Vehicles $1,000,000 Combined Single Limit

B. Policy must contain additional insured endorsement stating Texas School for the Blind and Visually Impaired and employees are listed as an additional insured and loss payee.

C. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor must provide to TSBVI, a certificate of insurance as proof that the required insurance is in full effect. Certificate of Insurance is subject to approval by authorized TSBVI personnel.

D. Any bid submitted without proof of insurance is subject to disqualification.

3.0 SCHEDULE OF EVENTS:

The times stated in this IFB refer to Central Time (“CT”), Austin, Texas, where appropriate. TSBVI’s regular office hours are 7:00AM to 3:30PM, Monday through Friday, except national and official State of Texas holidays. All deadlines are subject to change at TSBVI’s sole discretion.

Notices of changes to items directly impacting the original IFB or proposal process will be posted on the Electronic State Business Daily (“ESBD”) located at: http://www.txsmartbuy.com/esbd. TSBVI will post any amendment to this solicitation on the ESBD as an IFB addendum. Such addenda, if any, may be posted to the ESBD at any time during the solicitation period up to the anticipated due date and time. It is the responsibility of an interested party to check the ESBD for updates to this IFB prior to submitting a bid response. Respondent’s failure to periodically check the ESBD for updates will in no way release Successful Respondent from compliance with any requirements in the addenda or additional IFB information posted to the ESBD, even if such compliance results in additional costs to meet the requirements.

SITE VISIT- READ THOUROGHLY:

A REQUIRED “Notification of Intent to Attend Site Visit” MUST be emailed to Villegasc@TSBVI.EDU by no later than Wednesday November 15, 2023 at 10:00am. Only respondents that adhere to the notification requirements below will be permitted to attend the site visit.

· Notification Requirements:

· Email subject line MUST read: 771-SSS-24-0004 “Notification of Intent to Attend Site Visit.”

· Email body MUST include:

· Company Name

· Attendees Name (only 1 attendee per company)

· Attendees contact email and cell number.

· MUST include the following Waiver of Liability/Other statement:

· I acknowledge that I am attending a SITE VISIT related to Invitation for Bid (IFB) Intrusion Resistant Film 771-SSS-24-0004 of my own free will, without promise or expectation of bid award and I hereby release Texas School for the Blind and Visually Impaired of all and from all faults, liabilities, costs, expenses, demands, causes of actions including lawsuits related to my attendance.

· I will conduct myself in a professional manner, adhering to the Attendance Protocol AND Site Visit Interaction requirements as set forth in the IFB document.

· I acknowledge that TSBVI is a smoke free (including vapor) campus.

· I agree to maintain the confidentiality of information gathered during site visit.

· I will not participate in and will report any and all instances of any sort of harassment, exploitation, and/or intimidation.

· Site Visit Attendance Protocol:

· Our main entrance is located at 1100 West, 45th Street, Austin, Texas 78756.

· Meet inside main entrance- Site Visit guide will be there.

· Arrive 15 minutes early.

· Be prepared to show your driver’s license. A background check will be performed.

· Attendees must wear company badge or other identification.

· Come prepared to take notes- paper, etc. This will not be provided.

· Copies of the solicitation WILL NOT be provided. Bring your own.

· Permitted equipment- Measuring tape or other applicable device.

· Photos will be permitted for intent and purpose to be used to respond to solicitation only (no TSBVI personnel or students). If not bidding, you agree to delete photos.

· Be prepared to walk.

· Be prepared for inclement weather.

· Permitted site visit activity:

· Measurements, glass, and frame.

· Inspect conditions of windows including any current film, cracks, etc.,

· Inspect frames.

· Site Visit Interaction:

· TSBVI is an academic environment. Interact with only those on the visit and the Site Visit guides- Brian Swegle, TSBVI Director of School Support Services and Cyrenna B Villegas, TSBVI Director of Procurement.

· Stay with the group.

· One restroom break will be provided.

· Non-compliant attendees will be escorted from campus.

· Questions

· Solicitation specific such as (budgets, dates, etc.):

· Will not be responded to during the site visit. If asked, you will be redirected to review the IFB package.

· Are to be submitted and will be responded to as per section 3.0 SCHEDULE OF EVENTS.

· Reference section 3.2 for more information regarding Questions and Answers.

· Site visit time length of 2.0 hours

3.1 Issuing Office

TSBVI, through its Procurement Department, is the issuing office (“Issuing Office”) and the sole point of contact for this IFB. The Procurement Department is the only office authorized to clarify, modify, amend, alter, or withdraw the specifications, terms, and conditions of this IFB and Contract. Upon issuance of this IFB, other employees, board members and representatives of TSBVI shall not answer questions or otherwise discuss the contents of this IFB with any Respondent or their representative. The failure of a Respondent or any of its representatives to observe this restriction may result in the disqualification of any related bid. This restriction does not preclude discussions between the parties to conduct business unrelated to this IFB. Except as otherwise indicated, all communications concerning this procurement must be in writing and addressed to the Issuing Office as follows:

Director of Procurement - Cyrenna Villegas, CTCD, CTCM

Email: Villegasc@tsbvi.edu

3.2 Submission of Questions/Responses

Questions concerning this IFB must be in writing and addressed to the Issuing Office by no later than 10:00 AM (CT) on the date of the deadline set forth in the Schedule of Events (Section 3.0). The email subject line must read 771-SSS-24-0004 Question. All questions must precisely and specifically cite the IFB section to which the question refers. All questions submitted to TSBVI must include the identity of the sender, the sender’s title, company name, mailing address, telephone number, and e-mail address, as applicable.

On or about the date set forth in the Schedule of Events Section 3.0, TSBVI expects to electronically post answers to the written questions on the ESBD, which is located at: http://www.txsmartbuy.com/esbd. It is the respondent’s responsibility to periodically check for answers within the ESBD posting, TSBVI will not be liable for submitting answers to each vendor for questions.

TSBVI will, at its discretion, answer the questions in a Question-and-Answer Document posted on the ESBD. Only answers that TSBVI provides in writing are official. Information in any form other than the materials constituting this IFB, the Question-and-Answer Document, and any IFB addendum is not binding on TSBVI. Minor questions for which the answer will not affect the interpretation of the IFB or change the contents of a Proposal (for example, a question regarding delivery of the sealed Proposal) may be answered orally at (512) 206-9205 or by e-mail.

3.3 Addendums:

Should an addition or correction to this IFB become necessary, TSBVI will post an addendum relating the necessary information on the ESBD. Respondent is responsible for periodically checking the ESBD for addenda or additional information relating to this IFB. Respondent is required to acknowledge each addendum by returning a signed copy of the addendum with its Proposal. If respondent fails to return the signed addenda, the proposal may be considered non-responsive.

3.4 Additional Terms and Conditions:

Respondent acknowledges the attached State of Texas Standard Terms and Conditions as set forth in this IFB. Any contestation must be submitted with the Respondent’s bid.

4.0 BID SUBMISSION REQUIREMENTS:

Complete the following actions/items to create a complete bid package.

· Page 1. Complete signature and Vendor Address and Information fields

· Page 2. Complete all Warranty information as requested:

2.0 Scope of Work -

· a.v. and a.vi.

· b. vi. and b. vii.

· Provide three references, meeting requirements as outlined in section 2.0. c. ii.

· Include Respondent Bid based on Scope of Work Requirements Section 2.0

· Include a signed copy of any addendums, if applicable.

· Include Certificate of Insurance as outlined in 2.0. d. 4.

· Include completed TSBVI Vendor Onboarding Package (blank posted to ESBD)

· Sign Acknowledgment Statement below.

· Electronically submit a completed bid package, as per section 2.0 Schedule of Events, to Issuing Office Section 3.1 contact= Villegasc@tsbvi.edu. Subject line to read IFB Response 771-SSS-24-0002.

ACKNOWLEDGMENT STATEMENT

I recognize that this bid is not valid unless signed. My company also recognizes that this invitation for bids is not an order. If awarded, my company will receive a purchase order from the TSBVI purchaser, or a procurement card payment from TSBVI authorized staff.

The undersigned certifies that I (they) am duly authorized to submit this Invitation for Bids (IFB) and if accepted by TSBVI may execute a contract on my own behalf or on the behalf of the Contractor listed. TEX GOVT CODE § 2155.0012

Printed Name of Authorized Signer

Date Signed

Signature

STATE OF TEXAS

STANDARD TERMS AND CONDITIONS:

ITEMS BELOW APPLY TO AND BECOME PART OF BID.

ANY EXCEPTIONS THERETO MUST BE IN WRITING.

1. BIDDING REQUIREMENTS:

1.01. Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

1.02. Bids should be submitted on this form. Bidders 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 bidder to establish formal linkage to the bid.

1.03. Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.04. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.05. Bid prices are requested to be firm for TSBVI acceptance for 30 days from bid opening date. "Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.06. 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 in the upper right hand corner.

1.07. 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 TSBVI based on an acceptable written reason.

1.08. Purchases made for State use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

1.09. AWARD NOTICE: The State 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 State and to reject any and all bid items at the sole discretion of the State. The State 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 State. Any contract may also be extended up to three months at the sole discretion of the State.

1.010. Consistent and continued tie bidding could cause rejection of bids by TSBVI and/or investigation for antitrust violations.

1.011. Inquiries pertaining to this IFB must include the requisition number, class/item codes, and opening date.

2. SPECIFICATION:

2.01. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under §2155.067, Texas Government Code (Gov. Code). If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) 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 bidder to furnish specified brand names, numbers, etc.

2.02. Unless otherwise specified, items shall be new and unused and of current production.

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

2.04. Samples, when requested, must be furnished free of expense to the State. 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.

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

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

3. TIE BIDS:

Awards will be made in accordance with 34 TAC Rules 20.36(b) (3) and 20.38 (Preferences).

4. DELIVERY:

4.01. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days’ mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

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

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

4.04. No substitutions permitted without written approval of TSBVI.

4.05. Delivery shall be made during normal working hours only, unless prior approval has been obtained from ordering agency.

5. INSPECTION AND TESTS:

All goods will be subject to inspection and test by the State. Authorized TSBVI 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 State's option, be returned to the bidder or held for disposition at bidder's expense. Latent defects may result in revocation of acceptance.

6.

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 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, Gov. Code, shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

8. PAYMENT:

Bidder shall submit an itemized invoice showing TSBVI order number and agency requisition number on all copies. The State 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 the Prompt Payment Act, Chapter 2251, Gov. Code.

9. PATENTS, TRADEMARKS, OR COPYRIGHTS:

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

10. BIDDER ASSIGNMENTS:

Bidder hereby assigns to TSBVI any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Comm. Code §15.01, et seq.

10. BIDDER AFFIRMATIONS:

Signing this bid with a false statement is a material breach of contract and shall void the submitted bid and any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

10.01. The bidder 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 bid.

10.02. Pursuant to 15 U.S.C. §1, et seq. and Tex. Bus. & Comm. Code §15.01, et seq. neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, 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 bid made to any competitor or any other person engaged in such line of business.

10.03. Pursuant to §2155.004, Gov. Code, neither the bidder nor any person or entity which will participate financially in any contract resulting from this IFB has received compensation for participation in the preparation of the specifications for this IFB.

10.04. Pursuant to §231.006(d), Texas Family Code, regarding child support, the bidder certifies that the individual or business entity named in this bid 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 bidder subject to §231.006, Gov. 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:

10.05. Under §2155.004, Gov. Code, the bidder certifies that the individual or business entity named in this bid 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. §2155.004, prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

10.06. As required by §2252.903, Gov. Code, bidder agrees that any payments due under a contract resulting from this IFB shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by CPA under §§403.055, 403.0551, 2252.903, Gov. Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

10.07. Pursuant to §669.003, Gov. Code, TSBVI may not enter into a contract with a person who employs a current or former executive head of TSBVI until four years has passed since that person was the executive head of TSBVI. By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of TSBVI in the past four years. If bidder does employ a person who was the executive head of TSBVI, provide the following information:

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Bidder:

Date of Employment with Bidder:

10.08. In accordance with §2155.4441, Gov. Code, bidder 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.

10.09. Bidder certifies that the bidding 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 bidder is in compliance with the State of Texas statutes and rules relating to procurement and that bidder 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 http://www.epls.gov

10.010. Sections 2155.006 and 2261.053, Gov. Code, prohibit state agencies from awarding contracts 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 §418.004, Gov. Code, occurring after September 24, 2005. Under §2155.006, Gov. Code, bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

10.011. Bidder represents and warrants that payment to the bidder and the bidder’s receipt of appropriated or other funds under any contract resulting from this IFB are not prohibited by §556.005 or §556.008, Gov. Code, relating to the prohibition of using state funds for lobbying activities.

10.012. Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to TSBVI under the IFB and any resulting contract, if any, and that bidder’s provision of the requested items under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety.

11. 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.

12. 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 CPA’s rules at 34 TAC Rule 20.384.

13. DISPUTE RESOLUTION:

The dispute resolution process provided for in Chapter 2260, Go. Code must be used by TSBVI and the bidder to attempt to resolve any dispute arising under any contract resulting from this IFB.

14. NON-APPROPRIATION OF FUNDS:

Any contract resulting from this IFB is subject to termination or cancellation, without penalty to TSBVI, either in whole or in part, subject to the availability of state funds. TSBVI is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TSBVI becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TSBVI or bidder’s delivery or performance under the contract impossible or unnecessary, the contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, TSBVI will not be liable to bidder for any damages, which are caused or associated with such termination, or cancellation and TSBVI will not be required to give prior notice.

15. TEXAS PUBLIC INFORMATION ACT:

Notwithstanding any provisions of this IFB to the contrary, bidder understands that TSBVI will comply with the Texas Public Information Act (Chapter 552, Gov. Code) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. Within three (3) days of receipt, bidder will refer to TSBVI any third party requests, received directly by bidder, for information to which bidder has access as a result of or in the course of performance under any contract resulting from this IFB. Any part of the solicitation response that is of a confidential or proprietary nature must be clearly and prominently marked as such by the bidder.

16. CONFLICT OF INTEREST:

Under §2155.003, Gov. Code, a TSBVI 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 in Section 1.2 of the State of Texas Procurement Manual, 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 CPA or purchasers of other state agencies.

17. INELIGIBILITY:

Suspension, debarment, and terrorism: bidder certifies that the bidding 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 bidder is in compliance with the State of Texas statutes and rules relating to procurement and that bidder 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/. §2155.006 and §2261.053, Gov. Code, prohibit state agencies from awarding contracts 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 §418.004, Gov. Code, occurring after September 24, 2005. Under §2155.006 and 2155.0061, Gov. Code, the bidder certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

18. FORCE MAJEURE:

Neither bidder nor TSBVI 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.

19. INDEPENDENT CONTRACTOR:

Bidder is and shall remain an independent contractor in relationship to TSBVI. TSBVI shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against TSBVI 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.

20. INDEMNIFICATION:

BIDDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TSBVI, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT WITH BIDDER RESULTING FROM THIS IFB. BIDDER SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TSBVI. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE BIDDER TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TSBVI FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TSBVI OR ITS EMPLOYEES.

21. RIGHT TO AUDIT:

In addition to and without limitation on the other audit provisions of this IFB, pursuant to §2262.003, 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 TSBVI to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.003, 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.

BID OPENING (December 7, 2023 by 2 PM

REQUISITION NO. ( 771-SSS-24-0004

NO PUBLIC OPENING. Electronic submission.

IF NOT BIDDING

DO NOT RETURN THIS FORM.

WHEN BIDDING:

Each bid must be submitted in a separate email, notating the IFB number, IFB name (notate bid #, if submitting more than one bid).

EMAIL BIDS:

Villegasc@tsbvi.edu

512-206-9205

AGENCY TO INVOICE

Texas School f/t Blind & Visually Impaired

1100 West 45th Street

Austin, TX 78756

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE

SAME AS ABOVE

FAILURE TO SIGN WILL DISQUALIFY BID

AUTHORIZED SIGNATURE

DATE

VID: ___________________________________

Address: _________________________________

Address 2: ________________________________

City, State, Zip: ____________________________

Federal EIN: □□□□□□□□□□

CHECK HERE IF YOU ARE A SOLE OWNERSHIP OR PARTNERSHIP: (

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) of the Texas Government Code.

Bidder agrees to comply with all terms and conditions below and on attached pages.

Delivery in ____ days, cash discount _____% ___ days or net 30.

Check below if preference claimed 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

(_) Agriculture products produced or grown in Texas

(_) Agriculture products and services offered by Texas bidders

(_) Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

(_) Texas vegetation native to the region

(_) USA produced supplies, material, equipment or agricultural products

(_) 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 (for consumption in a public cafeteria only)

(_) Commercial production company or advertising agency located in Texas

VENDOR ADDRESS AND IDENTIFICATION NUMBER

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:

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

VENDOR

VENDOR ID

(VENDOR NAME)

BID OPENING ( December 7, 2023 by 2 PM

REQUISITION NO. ( IFB-771-SSS-24-0004

INVITATION FOR BIDS

Texas School F/T Blind & Visually Impaired

- 1 -

IFB 02/21

IFB-771-SSS-24-0004