ESBD_File_352594_IFB_PO 304-24-1969 Paper Cutter.pdf

IFB# 304-24-1969DA Page 1 of 19

IF NOT SUBMITTING A BID

DO NOT RETURN THIS FORM.

Respondent agrees to comply with all conditions of this IFB.

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

INVITATION FOR BIDS

(“IFB”)

BID OPENING03/21/2024 at

2:00pm CT

IFB#304-24-1969DA

IFB Issued02/29/2024

FAILURE TO SIGN WILL DISQUALIFY BID

AUTHORIZED SIGNATURE DATE

Name of Firm: __________________________________________

Address: _______________________________________________

City, State, Zip: __________________________________________

*By signing this Bid, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

AGENCY INVOICE ADDRESS:

Texas Comptroller of Public Accounts Accounts Payable 111 E. 17th Street Austin, Texas 78774

QUOTE F.O.B. DESTINATION FOR SHIPMENT TO:

Texas Comptroller of Public Accounts LBJ Building 111 E. 17th Street Austin, Texas 78774

DELIVERY IN____DAYS, CASH DISCOUNT___%___DAYS

The Texas Comptroller of Public Accounts (CPA) issues this Invitation for Bids (IFB) to solicit pricing from qualified vendors for automated information system (AIS) type equipment and/or services as described in this IFB.

IFB Terms: CPA terms and conditions are set forth in Sections I-VII of this

IFB.

All Costs: Respondent must include all costs for providing the requested items as defined in this IFB on the Mandatory Price Sheet.

CLASS & ITEM: 420-63, 420-65, 420-81

SUBMIT THE BID ELECTRONICALLY,

EMAIL TO: bidcpa@cpa.texas.gov and David.ancira@cpa.texas.gov

VENDOR IDENTIFICATION NUMBER

Texas Identification Number: ____________________________________

PREFERENCES

Check below to claim a preference under 34 TAC Rule 20.306:

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT

FOR GOODS/SERVICES PURCHASED AGAINST CONTRACT AWARDS.

THE FEDERAL EMPLOYER IDENTIFICATION NUMBER (EIN) WILL BE

USED TO ESTABLISH A PAYEE ID NUMBER. PLEASE ENTER YOUR

FEDERAL EIN: □□□□□□□□□□

DUNS No. ___________________________________

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

To minimize identity theft, every company MUST have an Employer Identification Number (EIN), also known as a federal tax identification number prior payment under an awarded contract. 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/

□ 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

Respondent’s point of contact for the submitted Bid:

Name: ______________________________________

Phone #: ______________________________________

Fax #: ______________________________________

Email: ______________________________________

(Rev. 1/7/2020) mailto:bidcpa@cpa.texas.gov http://www.irs.gov/businesses/

IFB# 304-24-1969DA Page 2 of 19

SECTION I

SPECIFICATIONS

A. Introduction

The Texas Comptroller of Public Accounts (“CPA”), a state agency, issues this Invitation for Bids (“IFB”) to solicit bids for an Automated Paper Cutter, as described in this IFB (“Services”). CPA’s objective is to obtain Services that represent the best value for CPA and the State of Texas according to the terms and conditions listed in this IFB.

CPA anticipates making a contract award to one (1) Successful Respondent for the Services. CPA reserves the right not to award a contract for the performance of all or part of the Services. This IFB is not exclusive, and CPA reserves the right to issue additional solicitations regarding the Services or similar services at any time.

All costs associated with the Services must be included on Section II (Mandatory Price Sheet) and submitted in the Respondent’s Bid. Bids that do not meet all the requirements or contain all the required documentation specified in this IFB may be rejected as non-responsive.

B. Background

The Texas Comptroller of Public Accounts (“CPA”), a state agency needs a Programmable Paper Cutter, for use by Print Operations.

C. Definitions and Acronyms

• CPA. Texas Comptroller of Public Accounts.

• Bid. A response to this IFB.

• Successful Respondent. The Respondent awarded a contract resulting from this IFB.

D. Scope of Services

D1. The Texas Comptroller of Public Accounts (“CPA”), requires the minimum:

1. Programmable paper cutting machine with color touch screen controller.

2. Hydraulic clamping and cutting

3. False clamp plate

4. Corrosion free table surface built-in air jets / air assist

5. Line-light cut position indicator.

6. Lighted work surface

7. Cutting width (inches) 31.5"

8. Feeding depth (inches) 30.5"

9. Feeding height max. (inches) 3.9"

10. Clamp pressure min. (PSI) 1414 PSI

11. Clamp pressure max. (PSI) 5000 PSI

12. Cuts per minute 20

13. Total knifes 3.

14. Tool kit

15. Knife change holder assembly

D2. Training Respondent must fully train four operators on all features of the paper cutter.

D3. Electrical requirements Respondent must be able to use current power at Comptroller Print Operations.

(3 phase, 60 Hz, AC, 208/230 Volts, 25 Amps, Service size 40 Amps) It is the vendor’s responsibility to include at no additional cost any wire, connections and any other items required to connect to current electrical outlet.

D4. Inside delivery and installation Installation must be complete, including but not limited to all electrical and mechanical items.

Inside delivery. Item must be delivered and installed to final work staging spot.

IFB# 304-24-1969DA Page 3 of 19

Device must fit in CPA loading dock and travel thru 55” wide x 80” tall doorway.

CPA loading dock has a drive-up dock.

D5.

Successful respondent must be able to remove and haul off the existing Challenge Paper Cutter, Model Champion 305 XG, serial number 00X802 with an electrical diagram of E-2814, 3 phase, 60 Hz, AC, 208/230 Volts, 25 Amps, Service size 40 Amps.

E. Contract Resulting from This Solicitation. The term “Contract” refers to the contract resulting from this IFB, if any.

Respondent’s Bid is an offer to contract based upon the terms, conditions, and specifications set forth in this IFB. A Bid becomes a contract with CPA only when a duly authorized representative of CPA issues a valid Purchase Order (PO). CPA may award the Contract by issuing a PO only, or the PO may incorporate by reference a formal agreement executed by authorized representatives of CPA and Successful Respondent.

The Contract will be between CPA and the Successful Respondent who will be responsible and accountable for providing the Services. The term “Successful Respondent” includes employees, representatives, agents, subcontractors, suppliers, and third-party service providers of Successful Respondent, regardless of how such persons or entities are employed or contracted by Successful Respondent. Successful Respondent shall be solely responsible to CPA for all performances by Successful Respondent’s employees, representatives, agents, subcontractors, suppliers, third-party service providers, and similar entities.

F. Contract Term. The term of the Contract shall be in effect until The Texas Comptroller of Public Accounts (“CPA”), receives the Automated Paper Cutter in the expected condition, as stated in the Scope of Services.

G. Payments. Payment(s) to Successful Respondent will be based upon receipt of all new furniture in acceptable condition and approved by CPA. CPA makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the Contract. Payment shall be made in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code.

H. PO Addition and Deletion. CPA reserves the right, in its sole discretion, to add or delete products or Services during the period(s) covered under the Contract. All additions or deletions will be processed through CPA’s Procurement Section.

The rate at the time of the addition or deletion shall be the same as the rate quoted in the Contract for the same model product or service. The effective date of any addition or deletion will be no later than five (5) business days after receipt of CPA’s written notification of the addition or deletion. For this purpose, written notification includes registered mail, regular mail, facsimile transmission with confirmation of receipt, or email with confirmation receipt.

For any additions, CPA’s Procurement Section will provide a revised PO to Successful Respondent. The total number of additions allowed to CPA is determined by the number CPA chooses to purchase. For any deletions, CPA’s Procurement Section will provide a revised PO to Successful Respondent and a letter indicating the effective date of the deletion, the amount of the reduction or refund (if any), and the equipment serial number, if applicable.

I. Reserved

J. Bid Content, Format, and Submission Requirements.

a) Bids must be submitted to the address set forth on the first page of this IFB.

b) Late Bids will not be accepted.

c) Required Forms. The following documents must be completed, signed, and included in the Bid:

• Signed Bid (See page 1 of this IFB),

• Mandatory Price Sheet (See Section II),

• Nondisclosure Agreement (See Section IV),

• Conflict of Interest/Disclosure Statement (See Section VI), and

• Certification Regarding Public Nature of Bid (See Section VII).

K. Anticipated Schedule of Events. CPA currently anticipates that the selection of Successful Respondent and award of the

Contract will proceed according to the following schedule:

IFB# 304-24-1969DA Page 4 of 19

Date Event

02/29/2024 Issuance of IFB 03/04/2024 Deadline for Submission of Questions (2:00 p.m., CT) 03/25/2024 Release of Official Responses to Questions (or as soon thereafter as practical) 03/21/2024 Deadline for Submission of Bids (2:00 p.m., CT)

Late Bids will not be considered

CPA reserves the right, in its sole discretion, to change the dates listed in the Anticipated Schedule of Events. Notices of changes to items directly impacting the original IFB or solicitation process will be emailed to Respondent’s point of contact.

L. Questions and Answers.

a) Questions regarding this IFB must be submitted via email by the deadline specified in Part K (Anticipated Schedule of Events) to David Ancira, CPA’s designated contact, at David.ancira@cpa.texas.gov and bidcpa@cpa.texas.gov.

Respondent is solely responsible for verifying CPA’s timely receipt of its questions by the specified deadline.

b) Telephone inquiries will not be accepted.

c) CPA intends to release the Official Responses to Questions received by Potential Respondents to the Respondents’ points of contact via email on the date set forth in Part K (Anticipated Schedule of Events).

M. IFB Notices. Notices of changes to items directly impacting the original IFB or solicitation process (e.g., addendum to the

IFB, questions received from potential Respondents) will be emailed to Respondent’s point of contact. Respondent is solely responsible for verifying CPA’s receipt of its questions, if applicable, and Bid by the deadlines specified in this IFB.

N. Evaluation Process. Evaluation of Bids will begin as soon as practical after receipt. Bids that are responsive to the IFB will be evaluated using the following criteria and weights:

Criteria Weight Costs 40% Compliance with CPA Specifications 40% Respondent’s Qualifications, Experience, and Past Performance 10% Lead time 10% Total: 100%

CPA reserves the right in its sole judgment and discretion to reissue or withdraw the IFB at any time.

O. Contact with CPA Staff. Upon issuance of this IFB, employees and representatives of CPA, other than the CPA Contact Person identified in Part L, will not discuss the contents of this IFB with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related Bid. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement.

mailto:David.ancira@cpa.texas.gov mailto:bidcpa@cpa.texas.gov

IFB# 304-24-1969DA Page 5 of 19

SECTION II

MANDATORY PRICE SHEET

Respondent must include all costs for providing the Services for the items listed on the Mandatory Price Sheet. CPA will not prepay any amounts. The not-to-exceed prices associated with the Services shall be inclusive of shipping, or other related expenses.

This Mandatory Price Sheet consists of a Price Schedule for each item listed in Scope of Services:

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH BID

Respondent’s name: ____________________________________________________

Price Schedule

Description Qty Pricing

1 Programmable paper cutting machine with color touch screen controller with electrical requirements.

2 Training 3 Inside Delivery and Installation . Uninstall and remove existing cutter

Totals

IFB# 304-24-1969DA Page 6 of 19

SECTION III

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

INVITATION FOR BIDS (IFB)

STANDARD TERMS AND CONDITIONS

Items below apply to and become a part of Respondent’s Bid.

1. BID REQUIREMENTS:

1.1 Bids should be submitted on this form. Bids must be time stamped at Texas Comptroller of Public Accounts (CPA) on or before the hour and date specified for the Bid opening.

1.2 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.

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

1.4 Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

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

1.6 Bid prices are requested to be firm for CPA acceptance for 120 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.

1.7 Bids should give Texas Identification Number (Payee ID Number), full firm name and address of Respondent on the face of this form.

Additionally, firm name should appear on each continuation page of a Bid, in the block provided in the upper right-hand corner. The Payee ID Number is the taxpayer number assigned and used by CPA. If this number is not known:

• Provide the Federal Employer Identification Number (Federal EIN) on the face of this form.

• For Respondent that is a sole proprietor that does not have a Texas Identification Number or Federal EIN, should enter Social Security

Number:

1.8 Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by Respondent or Respondent’s authorized agent. No Bid can be withdrawn after opening time without approval by CPA based on an acceptable written reason.

1.9 Purchases made for CPA’s use are exempt from the State Sales tax and Federal Excise tax. CPA will provide Tax Exemption Certificates upon written request. Respondent represents and warrants that it shall pay all taxes or similar amounts resulting from the Contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Respondent or its employees. CPA shall not be liable for any taxes resulting from the Contract.

1.10 CPA will not reimburse for travel, meals, lodging or other related expenses unless specifically provided for in the Contract. In that event, such costs will be invoiced to CPA based on actual expenses and CPA shall not be liable for reimbursement of expenses that (1) were not pre-approved in writing by CPA or (2) exceed the current State of Texas Travel Regulations. Receipts are required to validate invoicing.

1.11 The following is applicable to “as needed” or “time and materials” contracts: Successful Respondent is not guaranteed any minimum amount.

1.12 CPA reserves the right to make an award based on low line-item Bid, low total of line items, or in any other combination that will serve the best interest of the State of Texas and to reject all offered items in the sole discretion of the State of Texas.

1.13 CPA reserves the right to accept or reject all or any part of any kind, waive minor technicalities and award the Bid to best serve the interests of the State of Texas.

1.14 Awards will be made in accordance with Rule 34 TAC Sections 20.207 and 20.306 (preferences). The factors listed in Sections 2155.074, 2156.007, 2157.003 of the Texas Government Code shall also be considered in making an award when specified. Consistent and continued tie Bids could cause rejection of Bids by the CPA and/or investigation for antitrust violations.

1.15 Reserved

1.16 Copyrighted Bids are unacceptable and are subject to disqualification as non-responsive.

1.17 Due to building access procedures, Respondent is encouraged to allow additional time for any hand-delivered items to the Issuing Office.

Security Desk personnel will not deliver items to, or accept items for, the Issuing Office. Delivery persons must present a valid current photo identification card to the Security Desk personnel to obtain a visitor’s pass and CPA staff escort to the Issuing Office. Respondent is solely responsible for ensuring timely delivery of its Bid to the Issuing Office by the deadline. Bids that are not submitted in sealed and properly labeled containers (i.e., envelope or box) or which arrive after the deadline for this IFB will not be accepted by CPA and the delivery person will not be allowed to deliver the submission to the Issuing Office.

1.18 Inquiries pertaining to this IFB must refer to the IFB number and opening date.

2. SPECIFICATIONS:

2.1 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 Section 2155.067 of the Texas Government Code. If offering on other than references, Bid must show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified offered, illustrations

IFB# 304-24-1969DA Page 7 of 19 and complete description of product offered are required to be made part of the Bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

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

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 Samples, when requested, must be furnished free of expense to CPA. If not destroyed in examination, they will be returned to the Respondent, upon request, at Respondent's expense. Each sample should be marked with Respondent’s name and address, and IFB number. Do not enclose in or attach Bid to sample.

2.5 CPA will not be bound by any oral statement or representation contrary to the written specifications of this IFB.

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

2.7 CPA will receive and Successful Respondent will convey to CPA clear title, ownership, and licenses, whichever is applicable to all requested items under the Contract.

2.8 Successful Respondent will be responsible for payment of all taxes, including, but not limited to, state, federal, foreign, or local taxes, including income tax, withholding tax, social security tax, pension contributions, and any other form of payroll or other taxes, for Successful Respondent and Successful Respondent’s employees. Successful Respondent must have basic insurance (workers comp., commercial general liability, etc.), if it is coming on-site or if type of contract is one that can generate third-party claims such as moving services, installation of equipment, etc.

At Successful Respondent’s sole cost and expense, Successful Respondent will secure and maintain all insurance premiums which are required by this IFB, the Contract, or are necessary to protect the interests of CPA or which Successful Respondent may need or desire for Successful Respondent or Successful Respondent’s employees. Successful Respondent shall indemnify CPA and pay to CPA all costs, penalties, losses, and other amounts resulting from the Successful Respondent’s omission or breach of this Paragraph.

3. AWARD OF CONTRACT: A response to this IFB is an offer to contract based upon the terms, conditions and specifications contained herein.

Offers do not become contracts unless and until they are accepted by a Purchase Order (PO) issued by CPA. CPA reserves the right to make any corrections or include additional requirements in the Contract prior to issuance which are necessary for CPA's compliance, as an agency of the State of Texas, with all state and federal requirements.

4. DELIVERY:

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

4.2 Time is of the essence in the Contract and accordingly all-time limits will be strictly construed and rigidly enforced. If delay is foreseen, Respondent shall give written notice to CPA. Respondent must keep CPA advised at all times of status of order. Default on promised delivery (without accepted reasons) or failure to meet specifications authorizes CPA to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor.

4.3 No substitutions permitted without written approval of CPA.

4.4 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 CPA. Authorized CPA 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 Respondent in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at CPA's option, be returned to the vendor or held for disposition at vendor’s expense. Latent defects may result in revocation of acceptance.

6. ACCEPTANCE OF PRODUCT(S)/SERVICE(S): Prior to any payments being made under the Contract, CPA shall evaluate the product(s)/service(s) under the following criteria and any additional acceptance criteria of the product(s)/service(s) agreed to prior to the award and included in the Contract:

(a) The product(s)/service(s) must meet all Requirements and Standards of Performance of the Contract, IFB and Bid; and

(b) The product(s)/service(s) must comply with all published specifications.

7. PAYMENT: Successful Respondent shall submit an itemized invoice showing order number to the address indicated on the PO. CPA 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. CPA, in its sole discretion, reserves the right to the extent permitted by Texas law and CPA regulations to prepay for any requested items delivered to or provided to CPA by Successful Respondent in its performance under the Contract. CPA may inspect, test, and evaluate the requested items prior to acceptance and payment. All invoices will be paid in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code.

8. GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to CPA.

9. ASSIGNMENTS: CPA or Successful Respondent may assign its interest in or duties or rights under the Contract without prior written approval to: (i) a successor in interest (for CPA, another state agency as designated by the Texas Legislature), or (ii) a subsidiary, parent company, or affiliate.

Assignment of the Contract under the above terms shall require written notification by the assigning party. Any other assignment by a party shall require the written consent of the other party.

IFB# 304-24-1969DA Page 8 of 19

10. RESPONDENT AFFIRMATIONS: Signing this Bid with a false statement is a material breach of contract and shall void the submitted Bid or the Contract, and Respondent shall be removed from all bid lists. By signature hereon affixed, the Respondent hereby certifies that:

10.1 Pursuant to Section 2155.003 of the Texas Government Code, Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Bid.

10.2 Respondent is not currently delinquent in the payment of any franchise tax owed the State of Texas under Chapter 171 of the Texas Tax Code.

10.3 Respondent represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Bid to any competitor or any other person engaged in the same line of business as Respondent. Respondent assigns to CPA all of Respondent’s rights, title, and interest in and to all claims and causes of action Respondent may have under the antitrust laws of Texas or the United States for overcharges associated with this IFB or the Contract.

10.4 Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from CPA to participate in the preparation of the specifications or solicitation on which this Bid or Contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Bid or Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

10.5 Respondent represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552 of the Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

10.6 Pursuant to Section 231.006(d) of the Texas Family Code, regarding child support, Respondent certifies that the individual or business entity named in the 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 Respondent subject to Section 231.006 of the Texas Family Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the Bid. If applicable, 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) of the Texas Family Code.

10.7 In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of CPA, (2) a person who at any time during the four years before the date of the contract was the executive head of CPA, or (3) a person who employs a current or former executive head of CPA.

10.8 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 Texas.

10.9 Respondent represents and warrants its intent to furnish the requested items at the prices quoted and comply with all terms, conditions, and requirements set forth in this IFB and the Bid.

10.10 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 CPA component, and Respondent has not been an employee of any CPA component within the immediate twelve (12) months prior to Respondent’s Bid.

10.11 Respondent represents and warrants that its prices include all costs of Respondent in providing the requested items that meet all specifications of this IFB, and that its prices will remain firm for acceptance for a minimum of one hundred twenty (120) days from deadline for submission of Bids.

10.12 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 IFB.

10.13 Respondent represents and warrants that the provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest or not reasonably create an appearance of impropriety.

10.14 Respondent represents and warrants that all articles and services quoted in response to this IFB meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law and its regulations in effect or proposed as of the date of this solicitation.

10.15 Respondent represents and warrants its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

10.16 Respondent represents and warrants its compliance with the requirements of the Americans with Disabilities Act (ADA) and its implementing regulations, as each may be amended.

IFB# 304-24-1969DA Page 9 of 19

10.17 Respondent represents and warrants that it shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C.§ 1101 et seq.)

and all subsequent immigration laws and amendments.

10.18 Respondent represents and warrants that CPA's payments to Respondent and Respondent's receipt of appropriated or other funds under the Contract are not prohibited by Sections 556.005, 556.0055, or 556.008, Texas Government Code.

10.19 Respondent represents and warrants that it has read and understood and shall comply with CPA’s Anti-Fraud Policy, located on CPA's website at https://comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of the Contract.

10.20 Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

10.21 Respondent certifies 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. Entities ineligible for federal procurement are listed at https://www.sam.gov.

10.22 Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Bid or awarding a contract that includes proposed financial participation by a 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, Respondent certifies that the individual or business entity named in its Bid, or the Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

10.23 If Respondent is submitting a Bid for the purchase or lease of computer equipment, then Respondent hereby certifies its compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

10.24 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 CPA’s objectives.

10.25 Respondent represents and warrants that if selected for award of a contract because of this IFB, Respondent will submit to CPA a Certificate of Interested Parties prior to contract award in accordance with Section 2252.908 of the Texas Government Code.

10.26 Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Contract. Respondent shall state any facts that make it exempt from the boycott certification in its Bid.

10.27 Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

10.28 Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in the 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.

10.29 Respondent represents and warrants that all statements and information prepared and submitted in response to this solicitation are current, complete, and accurate.

10.30 Respondent represents and warrants that the individual signing this document and the documents made part of this IFB and Bid is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract that may result from the submission of the Bid.

10.31 Respondent represents and warrants that (1) it does not, and will not for the duration of the Contract, boycott energy companies, or (2) the verification required by Section 2274.002 of the Teas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the Contract, Respondent shall promptly notify CPA.

10.32 Respondent verifies that: (1) it does not, and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the Contract, Respondent shall promptly notify

CPA.

10.33 Respondent represents and warrants that all statements and information prepared and submitted in response to this solicitation are current, complete, and accurate.

10.34 Respondent represents and warrants that the individual signing this document and the documents made part of this IFB and is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract that may result from the submission of the Offer.

11. RESPONDENT EXCEPTIONS: If Respondent takes any exceptions to any provisions of the IFB, these exceptions must be specifically and clearly identified by Section in Respondent’s Bid in response to the IFB and Respondent’s proposed alternative must also be provided in the Bid.

Respondents cannot take a ‘blanket exception’ to the entire IFB. If any Respondent takes a ‘blanket exception’ to the entire IFB or does not provide proposed alternative language, the Respondent’s Bid may be disqualified from further consideration.

12. DISCOUNTS: If Successful Respondent at any time during the term of the Contract provides a discount on the contract costs, Successful Respondent will notify CPA in writing ten (10) days prior to effective date of discount. CPA will generate a PO Change and send a corrected PO to Successful Respondent. If an early payment discount is available to CPA, then in its Bid Respondent must describe with specificity the early payment https://comptroller.texas.gov/about/policies/ethics.php https://www.sam.gov/SAM

IFB# 304-24-1969DA Page 10 of 19 discount offered and the discount percentage that would apply to CPA’s early payment within ten, fifteen, twenty, or twenty-five calendar days after receipt of a correct invoice.

13. REFUNDS: Successful Respondent will promptly refund or credit within thirty (30) calendar days any funds erroneously paid by CPA which are not expressly authorized under the Contract.

14. INDEPENDENT CONTRACTOR: Successful Respondent or Successful Respondent's employees, representatives, agents, and any subcontractors shall serve as an independent contractor in providing the services under the Contract. Successful Respondent and Successful Respondent's employees, representatives, agents, and any subcontractors shall not be employees of CPA. Should Successful Respondent subcontract any of the services required in this IFB, Successful Respondent expressly understands and acknowledges that in entering such subcontract(s), CPA is in no manner liable to any subcontractor(s) of Successful Respondent. In no event shall this provision relieve Successful Respondent of the responsibility for ensuring that the services rendered under all subcontracts are rendered in compliance with this IFB.

15. BUSINESS ATTIRE; CONDUCT; CPA GUIDELINES: Successful Respondent must ensure that its employees conduct themselves in a professional manner and are in appropriate business attire when on CPA’s premises because of the Contract. In addition, Successful Respondent must ensure that its employees comply with all guidelines established by CPA for independent contractors required to provide services on CPA’s premises.

These guidelines may address issues which include, but are not limited to, the following: building security, IT security, records, safety, professional conduct, use of State-owned property, non-disclosure of confidential information, drug and alcohol-free workplace rules, and other requirements for on-site independent contractors.

16. USE OF STATE PROPERTY: Successful Respondent is prohibited from using State Property for any purpose other than performing Services authorized under the Contract. State Property includes, but is not limited to, CPA’s office space, identification badges, CPA information technology equipment and networks (e.g., laptops, portable printers, cell phones, iPads, external hard drives, data storage devices, any CPA-issued software, and the CPA Virtual Private Network (VPN client)), and any other resources of CPA. Successful Respondent shall not remove State Property from the continental United States. In addition, Successful Respondent may not use any computing device to access CPA’s network or e-mail while outside of the continental United States. Successful Respondent shall not perform any maintenance services on State Property unless the Contract expressly authorizes such services. During the time that State Property is in the possession of Successful Respondent, Successful Respondent shall be responsible for (i) all repair, and replacement charges incurred by CPA that are associated with loss of State Property or damage beyond normal wear and tear and

(ii) all charges attributable to Successful Respondent’s use of State Property that exceeds the contract scope. Successful Respondent shall fully reimburse such charges to CPA within ten (10) calendar days of Successful Respondent’s receipt of CPA’s notice of amount due. Use of State Property for a purpose not authorized by contract shall constitute breach of contract and may result in termination of the contract and the pursuit of other remedies available to CPA under contract, at law, or in equity.

17. RECORDS: Successful Respondent will maintain and retain supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable State of Texas requirements. These supporting fiscal documents will be maintained and retained by Successful Respondent for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Successful Respondent will make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, and supporting documents kept current by Successful Respondent pertaining to the Contract for purposes of inspecting, monitoring, auditing, or evaluating by CPA or the State of Texas.

18. ROLLING ESTOPPEL: If Successful Respondent is aware a problem exists and fails to report the problem to CPA, Successful Respondent continues to be responsible for meeting the goals and timelines established in the Contract. Under these circumstances, CPA will not be liable for any detrimental consequences.

19. FORCE MAJEURE: Neither Successful Respondent nor CPA shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 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.

20. NO WAIVER: Nothing in the Contract shall be construed as a waiver of the state’s sovereign immunity. The Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under the contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. CPA does not waive any privileges, rights, defenses, or immunities available to CPA by entering the Contract or by its conduct prior to or after entering the Contract.

21. TEXAS PUBLIC INFORMATION ACT: Notwithstanding any provisions of this IFB to the contrary, Respondent understands that CPA will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this IFB or the Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Successful Respondent is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. Specific formats acceptable to CPA include Word, Excel, and pdf. Within three (3) days of receipt, Successful Respondent will refer to CPA any third-party requests, received directly by Successful Respondent, for information to which Successful Respondent has access because of or during performance under the Contract. Any part of the Bid that is of a confidential or proprietary nature must be clearly and prominently marked as such by the Respondent.

IFB# 304-24-1969DA Page 11 of 19

22. STATE AUDITOR’S RIGHT TO AUDIT: In addition to and without limitation on the other audit provisions of this IFB or the Contract, pursuant to Section 2262.154 of the Texas Government Code, the Texas State Auditor’s Office (“state auditor”) may conduct an audit or investigation of any other entity receiving funds from the state directly under any contract or indirectly through a subcontract under the contract. The acceptance of funds by the Successful Respondent or any other entity or person directly under the contract or indirectly through a subcontract under the 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 Successful Respondent 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. The contract may be amended unilaterally by CPA to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. Successful Respondent shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Successful Respondent and the requirement to cooperate is included in any subcontract it awards.

23. DEBTS AND DELINQUENCIES AFFIRMATION: Respondent acknowledges and agrees that, to the extent Respondent owes any debt, including but not limited to delinquent taxes, delinquent student loans, and child support owed to the State of Texas, any payments or other amounts Respondent is otherwise owed under the Contract may be applied by CPA toward any debt Respondent owes the State of Texas until the debt is paid in full. These provisions are effective at any time Respondent owes any such debt or delinquency. Respondent shall comply with rules adopted by CPA under Sections 403.055, 403.0551, 2252.903 of the Texas Government Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

24. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used by CPA and the Successful Respondent to attempt to resolve any dispute arising under the Contract.

25. INDEMNIFICATION (GENERAL): SUCCESSFUL RESPONDENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND CPA, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF SUCCESSFUL RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT.