ESBD_File_355126_IFB-24-0001008 Laser Engraver.pdf

Texas Facili�es Commission Formal Invita�on for Bids

Solicita�on ID Issue Date Deadline Date and Time 24-0001008 April 4, 2024 April 25, 2024

Bid Submission Instruc�ons Agency Point of Contact See Atachment B for Bid Instruc�ons Kathryn Persak, kathryn.persak@�c.texas.gov

Vendor Contact Informa�on:

Company Name:

Company Address:

Contact Name:

Contact Title:

Telephone:

Email:

Scope: SCOPE: In accordance with the provisions of Texas Government Code §2156.063, Solicitation of Bids, Texas Government Code §2165.001, Custodianship of State Property and the Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is seeking bids for a laser engraver. Delivery and installation will be made at Barbara Jordan State Office Building located at 1601 North Congress Ave, Austin TX 78701.

Contract Term: One-�me purchase

Atachments:

Atachment A Terms and Condi�ons Atachment B Bid Requirements Atachment C Specifica�ons

Preferences: See Appendix 23 of Texas Procurement and Contract Management Guide

Check

Preference

Preference for Product of Persons with Intellectual or Physical Disabili�es Preference for Energy Efficient Products Preference for Rubberized Asphalt Paving Preference to Texas and United States Products and Texas Services Preference Under Service Contracts Preference for Recycled, Remanufactured, or Environmentally Sensi�ve Products

Purchase of Recycled Oil Preference to Products and Services from Economically Depressed or Blighted Area Preference for Products of Facili�es on Formerly Contaminated Property Vendors that Meet or Exceed Air Quality Standards Preference for Contractors Providing Foods of Higher Nutri�onal Value

Bidder must provide informa�on, as applicable, and affirms without excep�on, the following:

1. FALSE STATEMENTS. Respondent represents and warrants that all statements and informa�on prepared and submited in response to the solicita�on are current, complete, true, and accurate. Signing the solicita�on with a false statement is a material breach of this agreement and shall void the submited response or any resul�ng awards and may result in removal of the Respondent from future solicita�ons.

2. CONFORMANCE. Respondent represents and warrants that all goods and services furnished shall conform in all respects to the terms of this solicita�on, including any drawings, specifica�ons or standards incorporated herein, and any defect in materials, workmanship and free from such defects in design. In addi�on, Respondent represents and warrants that goods and services are suitable for and will perform in accordance with the purposes for which they are intended.

3. FINANCIAL INTERESTS/GIFTS.

a. Pursuant to Texas Government Code Sec�ons 572.051 and 2255.001 and Texas Penal Code Sec�on 36.09, Respondent has not given, offered to give, nor intends to give at any �me herea�er, any economic opportunity, future employment, gi�, loan, gratuity, special discount, trip, favor, or service to a public servant in connec�on with this solicita�on.

b. Pursuant to Texas Government Code Chapter 573 and Sec�on 2254.032, if applicable, Respondent cer�fies that Respondent knows of no officer or employee of TFC, nor any rela�ve within the second degree of consanguinity or affinity of an officer or employee of TFC, that has a financial interest in Respondent’s company or corpora�on.

Respondent further cer�fies that no partner, corpora�on, or unincorporated associa�on which employs, retains or contracts with, or which may employ, retain, or contract with any of the above, has a financial interest in any en�ty with which Respondent will be dealing on behalf of TFC.

4. ELIGIBILITY. Pursuant to Texas Government Code Sec�on 2155.004(b), Respondent cer�fies that the individual or business en�ty named in this response is not ineligible to receive the specified award and acknowledges that the award or resul�ng contract may be terminated, and payment withheld if this cer�fica�on is inaccurate.

5. FAMILY CODE. Pursuant to the requirements of Texas Family Code Sec�on 231.006, regarding delinquent child support, the undersigned signatory cer�fies that the individual or business en�ty named in this contract is not ineligible to receive payment under this contract and, if applicable, Respondent has provided the name and Social Security Number of each person (sole proprietors, firm owners, partners, or shareholders) with at least twenty five percent (25%) ownership of the business en�ty entering into this agreement prior to its execu�on.

Respondent acknowledges that this contract may be terminated and payment may be withheld if this cer�fica�on is inaccurate.

Name Social Security Number

6. DEBTS OR DELINQUENCIES TO STATE. Pursuant to Texas Government Code Sec�on 403.055, Respondent understands and agrees that any payment due under this Purchase Order may be applied toward payment of any debt that is owed to the State of Texas including, but not limited to, delinquent taxes and child support.

7. ANTITRUST AND ASSIGNMENT OF CLAIMS.

a. Respondent represents and warrants that neither Respondent nor any firm, corpora�on, partnership or ins�tu�on represented by Respondent, or anyone ac�ng for such firm, corpora�on, or ins�tu�on has: (i) violated the an�trust laws of the State of Texas under the Texas Business and Commerce Code, Chapter 15, or the federal an�trust laws; nor

(ii) communicated directly or indirectly the solicita�on made to any compe�tor or any other person engaged in such line of business.

b. Respondent hereby assigns to the State of Texas all of Vendor’s rights, �tle and interest in and to all claims and causes of ac�on Respondent may have under the an�trust laws of Texas or the United States for overcharges associated with this Purchase Order.

8. DECEPTIVE TRADE PRACTICE; UNFAIR BUSINESS PRACTICES. Respondent represents and warrants that it has not been the subject of allega�ons of Decep�ve Trade Prac�ces viola�ons under the Texas Business and Commerce Code, Chapter 17, or allega�ons of any unfair business prac�ce in any administra�ve hearing or court suit and that Respondent has not been found to be liable for such prac�ces in such proceedings. Respondent cer�fies that it has no officers who have served as officers of other en��es who have been the subject allega�ons of Decep�ve Trade Prac�ces viola�ons or allega�ons of any unfair business prac�ces in an administra�ve hearing or court suit and that such officers have not been found to be liable for such prac�ces in such proceedings.

9. AGENCY EXECUTIVE HEAD. Under Texas Government Code Sec�on 669.003 rela�ng to contrac�ng with an execu�ve of a state agency, Respondent represents that no person who, in the past four (4) years, served as an execu�ve of TFC or any other state agency, was involved with or has any interest in this Purchase Order or contract resul�ng from this solicita�on. If Respondent employs or has used the services of a former execu�ve head of TFC or any other state agency, then Respondent shall provide the following informa�on: the name of the former execu�ve, the name of the state agency, the date of separa�on from the state agency, the posi�on held with Respondent, and the date of employment with Respondent.

10. NO CONFLICTS. Respondent represents and warrants that Respondent has no actual or poten�al conflicts of interest in providing services to the State of Texas under this agreement and that Respondent’s provision of services under this agreement would not reasonably create an appearance of impropriety.

11. PROHIBITION ON CERTAIN BIDS AND CONTRACTS. Under Texas Government Code, Sec�on 2155.006, rela�ng to the prohibi�on of certain bids and contracts, Respondent cer�fies that the individual or business en�ty named in this Purchase Order is not ineligible to receive the specified Purchase Order and acknowledges that this Purchase Order may be terminated, and payment withheld if this cer�fica�on is inaccurate. Respondent represents and warrants that during the five (5) year period preceding the date of this Purchase Order, Respondent has not been: (i) convicted of viola�ng a federal law in connec�on with a contract awarded by the federal government for relief, recovery, or reconstruc�on efforts as a result of Hurricane Rita, as defined by Texas U�li�es Code, Sec�on 39.459, Hurricane Katrina, or any other disaster occurring a�er September 24, 2005; or (ii) assessed a penalty in a federal civil or administra�ve enforcement ac�on in connec�on with a contract awarded by the federal government for relief, recovery, or reconstruc�on efforts as a result of Hurricane Rita, as defined by Texas U�li�es Code, Sec�on 39.459, Hurricane Katrina, or any other disaster occurring a�er September 24, 2005.

12. PRIOR EMPLOYMENT. Vendor cer�fies that Vendor shall comply with all applicable Texas and federal laws and regula�ons rela�ng to the hiring of former state employees including “revolving door” provisions. Furthermore, Vendor cer�fies that if it employs any former employee of TFC, such employee will perform no work in connec�on with this Purchase Order during the twelve (12) month period immediately following the employee’s last date of employment at TFC.

13. PROHIBITION AGAINST BOYCOTTING ISRAEL. In accordance with Sec�on 2270.002 of the Texas Government Code, by signature hereon, Contractor cer�fies that it does not boycot Israel and will not boycot Israel during the term of this Contract.

14. PROHIBITION AGAINST CONTRACTING WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATIONS. In accordance with Sec�on 2251.152 of the Texas Government Code, TFC is prohibited from entering into a governmental contract (as defined in Texas Government Code Sec�on 2252.151(3)) with a company that is iden�fied on a list prepared and maintained under Texas Government Code Sec�on 806.051, 807.051, or

2252.153. If contractor is on the above-referenced list the Contract will be considered void or voidable and TFC will not be responsible to pay Contractor for any work performed.

15. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. Under Sec�on 2155.0061 of the Texas Government Code, the Respondent cer�fies that the individual or business en�ty named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this cer�fica�on is in accurate.

16. By Signature, Bidder affirms the above statements, has reviewed the terms and condi�ons, bid requirements, specifica�ons, and has submited the required bid documents and agrees to be bound by bid documents, and will perform as per the requirements specified if selected for award by documenta�on of no�ce of award or purchase order:

Bid Signature:

Date: