ESBD_File_355517_IFB-24-020 4 Peterbilt Trucks.pdf

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY SUITE 1151

COLLEGE STATION, TEXAS 77845-3424

IFB NUMBER

IFB-24-020

4 Peterbilt 567 Trucks

BID MUST BE RECEIVED BEFORE:

2:00 P.M. CENTRAL STANDARD TIME (CST) on April 26, 2024

MAIL, EMAIL, HAND DELIVER, AND /OR

FAX (979-458-7387) BID TO:

Texas A&M Forest Service Purchasing Department

200 Technology Way, Suite 1151 College Station, TX 77845-3424 bids@tfs.tamu.edu

Show IFB Number, Opening Date, and Time on Return Envelope

NOTE: BID must be time stamped at the Texas A&M Forest Service Purchasing Department before the hour and date specified for receipt of bid.

Sealed bids will be received until the date and time established for receipt.

INVITATION FOR BID

REFER ALL INQUIRIES TO:

Charles Cavanaugh Buyer

Texas A&M Forest Service Purchasing Department Phone: 979-458-7383

E-mail:

charles.cavanaugh@tfs.tamu.edu mailto:bids@tfs.tamu.edu mailto:charles.cavanaugh@tfs.tamu.edu

INVITATION FOR BID – RETURN SEALED BIDS TO:

BIDDER MUST SIGN BELOW

FAILURE TO SIGN WILL DISQUALIFY BID

*By signing this quotation, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined in TAC Rule, Title 34, Part 1, Chapter 20, Sub C, 20.32(68).

TEXAS A&M FOREST SERVICE

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY STE 1151

COLLEGE STATION TX 77845-3424

PHONE 979-458-7380 FAX 979-458-7387

AUTHORIZED SIGNATURE

IMPORTANT NOTICE:

IF BIDDING EACH BID

MUST BE PLACED IN A

SEPARATE ENVELOPE

WITH BID OPENING DATE

AND BID NUMBER

ANNOTATED IMMEDIATELY

BELOW RETURN ADDRESS

ON SEALED BID

ENVELOPE.

BIDDER AGREES TO

COMPLY WITH ALL

CONDITIONS TO THIS IFB.

BID OPENING: April 26, 2024 @ 2:00 p.m. CST

PRINT OR TYPE NAME DATE

BID NO: IFB-24-020

QUOTE F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED

UNLESS OTHERWISE STATED WITHIN THE SPECIFICATIONS

DESTINATION OF GOODS

TITLE

VENDOR ID NUMBER

(SEE INSTRUCTIONS 1.7 ON LAST PAGE FOR VENDOR ID NUMBER)

COMPANY NAME

Texas A&M Forest Service 155 Texas Forest Service Loop Lufkin, TX 75904

ADDRESS

CITY STATE Zip

PHONE FAX

E-MAIL

Check below to claim preference under TAC Rule 20.38 (__) Supplies, materials or equipment; produced in TX/offered by TX bidder* (__) Agriculture products produced or grown in TX (__) Agriculture products and services offered by TX bidder (__) USA produced supplies, materials or equipment (__) Products of persons with mental or physical disabilities (__) Vendors that meet or exceed air quality standards (__) Goods produced or offered by service-disabled veterans (__) Manufacturer that has recycle program for computer equipment

(__) 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 (__) Contractor providing foods of higher nutritional value

Delivery in ___________ days Cash Discount ________ % ________ days

Item Description Quantity UOM Unit Price Ext Price

When mailing in bids, bid number and bid opening date must be indicated on the lower left corner of the envelope.

Faxed bids will be accepted only at the number indicated at the top of this form.

Class and Item Codes: 072-00

DETERMINATION OF SUBCONTRACTING OPPORTUNITIES

The TEXAS A&M FOREST SERVICE has reviewed this IFB in accordance with Texas Government Code 2161.252 and TAC 111.14(a) and has determined that subcontracting opportunities are probable under this contract. Accordingly, a HUB Subcontracting Plan (HSP) is not required.

GENERAL

General questions and clarification of technical specifications may be made to Charles Cavanaugh at charles.cavanaugh@tfs.tamu.edu or 979-458-7383 regarding this Invitation For Bid (IFB).

INVITATION FOR BID – RETURN SEALED BIDS TO: Page 3 of 8

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY STE 1151

COLLEGE STATION TX 77845-3424

PHONE 979-458-7380 FAX 979-458-7387

BID OPENING: April 26, 2024 @ 2:00 p.m. CST

BID NO: IFB-24-020

VENDOR: _____________________________________________________

No authority is intended or implied that specifications may be changed or amended except as authorized by written addendum from the Texas A&M Forest Service Purchasing Department.

Responses to inquiries, which directly affect an interpretation or change to this IFB, will be issued in writing by addendum. Only inquiries which are replied to by formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

NOTICE: THE DEADLINE FOR WRITTEN QUESTIONS IS April 22, 2024, at 5:00 P.M. CENTRAL STANDARD TIME (CST).

SHOULD AN ADDENDUM BE REQUIRED, IT WILL BE ISSUED BY

April 24, 2024, at 5:00 P.M. CENTRAL STANDARD TIME (CST).

SCOPE

By means of this IFB, it is the intention of the TEXAS A&M FOREST SERVICE to acquire bids for the purchase of 4 Peterbilt model 567 full trucks as described in the attached specifications. Only units matching the specifications exactly will be considered for award. No substitutions are allowed.

TERMS AND CONDITIONS

A. A response to this IFB is an offer to contract based on the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through a TEXAS A&M FOREST SERVICE purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in Section 51.9335 Texas Education Code shall also be considered in making an award when specified. Any legal actions must be filed in Brazos County, Texas.

B. The TEXAS A&M FOREST SERVICE 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 TEXAS A&M FOREST SERVICE and to reject any and all bid items at the sole discretion of the TEXAS A&M FOREST SERVICE. The TEXAS A&M FOREST SERVICE 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 interest of the TEXAS A&M FOREST SERVICE. The TEXAS A&M FOREST SERVICE shall be sole judge of “the best interest of the TEXAS

A&M FOREST SERVICE”.

C. This IFB does not commit the TEXAS A&M FOREST SERVICE to award a contract, issue a purchase order, or pay any cost incurred by a vendor in the preparation of a bid in response to this IFB.

D. Upon award of bid, this IFB, awarded vendor’s response, and subsequent Purchase Order/s will serve as instruments of contract between the awarded vendor and the TEXAS A&M FOREST

SERVICE.

E. The TEXAS A&M FOREST SERVICE reserves the right to cancel this contract at any time, and without penalty, either in whole or in

INVITATION FOR BID – RETURN SEALED BIDS TO: Page 4 of 8

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY STE 1151

COLLEGE STATION TX 77845-3424

PHONE 979-458-7380 FAX 979-458-7387

BID OPENING: April 26, 2024 @ 2:00 p.m. CST

BID NO: IFB-24-020

part, if funds are not appropriated by the Texas Legislature, or are not otherwise made available, or for any other unforeseen cause that may occur.

F. This contract will be executed in accordance with all specifications, terms and conditions, and requirements of this IFB. The TEXAS A&M FOREST SERVICE will decide all questions which may arise as to the interpretation of specifications, quality, quantity, and acceptability of goods furnished or work performed. If the contract is for services, TEXAS A&M FOREST SERVICE will decide the manner of performance and the rate of progress of work and the acceptable fulfillment of the services on the part of the vendor.

G. This contract is subject to any constitutional or statutory limitations upon the TEXAS A&M FOREST SERVICE as an agency of the State of Texas.

H. The TEXAS A&M FOREST SERVICE is committed to maintaining an alcohol and drug-free workplace. Possession, use, or being under the influence of alcohol or controlled substances by vendor or vendor’s employees while in the performance of any service performed for the TEXAS A&M FOREST SERVICE is prohibited.

Violation of this requirement shall constitute grounds for cancellation of the contract.

I. In the performance of the specified work awarded vendor shall comply with all applicable Federal and State laws including, but not limited to laws governing labor, equal employment opportunity, safety, environmental protection, and materials used in the work.

J. Unacceptable vendor performance and/or failure of vendor to comply with specifications, terms and conditions or any other requirements stipulated herein will constitute a breach of contract and will result in the contract becoming subject to cancellation by the TEXAS A&M FOREST SERVICE. Written notice from the TEXAS A&M FOREST SERVICE to the vendor of such cancellation will result in the contract becoming voided and canceled immediately thereupon, without penalty to the TEXAS A&M

FOREST SERVICE.

K. If the vendor defaults on the contract, TEXAS A&M FOREST SERVICE reserves the right to cancel the contract without notice and either re-solicit or re-award the contract to the next best value bidder originally responding to the IFB. The defaulting vendor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work unless the specifications or scope of work is significantly changed.

L. Authorized Relief From Performance (Force Majeure) -- The TEXAS A&M FOREST SERVICE may grant relief from performance of the contract if the vendor is prevented from compliance and performance by the act of war, order of legal authority, act of God, or other unavoidable causes not attributable to the fault or negligence of the contractor. The burden of proof for the need of such relief shall rest upon the vendor. To obtain release based on Force Majeure, the vendor must file a written request to the TEXAS

A&M FOREST SERVICE.

M. Suspension, Debarment, and Terrorism -- Bidder certifies that the bidding entity and its principals are eligible to participate in this

INVITATION FOR BID – RETURN SEALED BIDS TO: Page 5 of 8

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY STE 1151

COLLEGE STATION TX 77845-3424

PHONE 979-458-7380 FAX 979-458-7387

BID OPENING: April 26, 2024 @ 2:00 p.m. CST

BID NO: IFB-24-020

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/portal/public/SAM/

N. Conflict of Interest. By executing this Agreement, Contractor and each person signing on behalf of Contractor certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The A&M System or The A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The A&M System, has direct or indirect financial interest in the award of this Agreement, or in the services to which this Agreement relates, or in any of the profits, real or potential, thereof.

O. Prohibition on Contracts with Companies Boycotting Israel.

Prohibition on Contracts with Companies Boycotting Israel. To the extent that Texas Government Code, Chapter 2270 applies to this Agreement, PROVIDER certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of this Agreement. PROVIDER acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

P. Certification Regarding Business with Certain Countries and Organizations. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement may be terminated if this certification is inaccurate.

Q. Additional Quantities -- The TEXAS A&M FOREST SERVICE reserves the right to purchase additional quantities of the equipment listed herein. Orders for additional equipment shall be made by TEXAS A&M FOREST SERVICE Purchase Order and shall be made within sixty (60) days of award of this bid. Bidders shall hold price firm during this period. Additional quantities ordered shall be subject to the same terms, conditions and pricing of the initial bid response.

R. Inter-Agency Agreement -- Successful bidder agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing inter-agency cooperation agreement(s) with the Texas A&M Forest Service.

S. Blanket PO Bid Submittal Prices – N/A T. Quality -- The vehicles or equipment furnished under these specifications shall be of quality workmanship and material. The bidder represents that all vehicles or equipment offered under these specifications shall be new, current production model. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR

DISCONTINUED MODELS ARE NOT ACCEPTABLE.

https://www.sam.gov/portal/public/SAM/

INVITATION FOR BID – RETURN SEALED BIDS TO: Page 6 of 8

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY STE 1151

COLLEGE STATION TX 77845-3424

PHONE 979-458-7380 FAX 979-458-7387

BID OPENING: April 26, 2024 @ 2:00 p.m. CST

BID NO: IFB-24-020

U. Vendor Certification – Vendor hereby certifies that the network hardware or software, as applicable, procured or leased under this contract, has undergone independent certification testing for known and relevant vulnerabilities in accordance with section 2059.060 of the Texas Government Code.

V. Renewals -- Any renewals will be under the same requirements, terms and conditions as those of the original agreement documents.

Only changes that are permitted within the scope of the originally awarded agreement may be considered in any renewal.

W. Vendor References – If requested, bidder will be required to submit Vendor References for current or past comparable work/service provided in the quality and scope of that specified in this IFB.

X. Public Disclosure

(a) Bidder acknowledges that Texas A&M Forest Service is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law.

(b) Upon Texas A&M Forest Service’s written request, bidder will provide specified public information exchanged or created under this Agreement that is not otherwise excepted from disclosure under chapter 552, Texas Government Code, to Texas A&M Forest Service in a non-proprietary format acceptable to Texas A&M Forest Service. As used in this provision, “public information” has the meaning assigned Section 552.002, Texas Government Code, but only includes information to which Texas A&M Forest Service has a right of access.

(c) Bidder acknowledges that Texas A&M Forest Service may be required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

(d) Bidders/businesses are also required to ensure that their employees who have been designated as Not Eligible for Rehire by a TAMU member are not involved in any work for the TAMU system.

Y. HUB – Historically Underutilized Businesses All agencies of the State of Texas are required to make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in procurements for commodities and services. It is the intention of the State of Texas and the Texas A&M Forest Service (TEXAS A&M FOREST SERVICE), as a good faith effort, to encourage the use of Historically Underutilized Businesses (HUBs) in all prime contracts, subcontracts, and purchasing transactions. TEXAS A&M FOREST SERVICE initiatives are to our prime contractors and core suppliers to achieve these ends through race, ethnic, and gender-neutral means. All procurements exceeding $100,000 for either goods and/or services must include a completed State of Texas HUB Subcontracting Plan (HSP) submitted by vendor/contractor.

INVITATION FOR BID – RETURN SEALED BIDS TO: Page 7 of 8

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY STE 1151

COLLEGE STATION TX 77845-3424

PHONE 979-458-7380 FAX 979-458-7387

BID OPENING: April 26, 2024 @ 2:00 p.m. CST

BID NO: IFB-24-020

RIGHT TO AUDIT

At any time during the term of this contract and for a period of four (4) years thereafter the Texas A&M Forest Service, the State of Texas, the Comptroller of the United States, the federal agency awarding a grant to the Texas A&M Forest Service which funds this procurement in whole or in part, or duly authorized audit representatives of these entities, at their own expense and at reasonable times, reserves the right to have access to, and to incrementally audit, awarded vendor’s records that are related to this contract. In the event such an audit by one or more of these entities reveals any errors and/or overpayments by Texas A&M Forest Service, awarded vendor shall refund Texas A&M Forest Service the full amount of such overpayments within thirty (30) days of such audit findings, or Texas A&M Forest Service at its option, reserves the right to deduct such amounts owed to Texas A&M Forest Service from any payments due to awarded vendor.

BASIS OF AWARD

A. Award Criteria – The evaluation of bid responses will include but is not limited to pricing, delivery, the extent of which the goods or services meet the needs of the TEXAS A&M FOREST SERVICE and any other factors the TEXAS A&M FOREST SERVICE deems relevant.

The TEXAS A&M FOREST SERVICE must be confident that the bidder’s response will meet needs of the TEXAS A&M FOREST SERVICE. TEXAS A&M FOREST SERVICE will evaluate and make the award to the bid that is determined to be the best value to the agency based on the criteria listed below.

Evaluation Criteria:

Pricing Delivery Vendor’s ability, capacity, and skill Vendor’s previous experience and past relationship with TEXAS

A&M FOREST SERVICE

Any other factors TEXAS A&M FOREST SERVICE deems relevant

B. If bidder submits product or service literature and specifications TEXAS A&M FOREST SERVICE reserves the right to decide if items offered are equivalent to those specified. TEXAS A&M FOREST SERVICE alone shall determine “best value” to the agency and TEXAS A&M FOREST SERVICE’ judgment in this regard shall be considered final.

C. The TEXAS A&M FOREST SERVICE reserves the right to reject any and all bids, waive any technicalities.

D. By submitting a bid in response to this IFB, bidder agrees to this evaluation and award process and further accepts TEXAS A&M FOREST SERVICE’ judgment and decision of award.

TECHNICAL SPECIFICATIONS

See attachment B - Peterbilt model 567 Truck Specifications, 24-pages.

INVITATION FOR BID – RETURN SEALED BIDS TO: Page 8 of 8

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY STE 1151

COLLEGE STATION TX 77845-3424

PHONE 979-458-7380 FAX 979-458-7387

BID OPENING: April 26, 2024 @ 2:00 p.m. CST

BID NO: IFB-24-020

ITEM/BID

Peterbilt model 567 with set-back axle per Attachment B specification.

(No Substitutes)

EA

GRAND TOTAL $

TERMS AND CONDITIONS: THE FOLLOWING ITEMS APPLY TO AND

BECOME A PART OF TERMS AND CONDITIONS OF QUOTATION

ANY EXCEPTIONS THERETO MUST BE IN WRITING

INVITATION FOR BID

IFB-24-020 - 8-pages

ATTACHMENTS

Attachment A - Texas A&M Forest Service, Terms and Conditions, 2-pages Attachment B - FY24 Peterbilt model 567 Truck Specifications, 24-pages

Notice: Bidders are cautioned to carefully read all parts of this bid invitation and to ensure all requested bidder information is completed.

IFB-24-020 ATTACHMENT A

1. BIDDING REQUIREMENTS

1.1 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.

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

1.3 Bids should be submitted on this form. Any alternations to the original format and content of this form will result in the disqualification of bid.

1.4 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.

1.5 Quote F.O.B. destination, freight prepaid and allowed

unless otherwise stated within the specifications.

1.6 Bid prices are requested to be firm for TFS acceptance for 60 days from opening date. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.7 Bids should give Payee ID Number, full firm name and

address of bidder on the face of this form. Enter in the space provided, if not shown. The Payee ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas.

1.8 Bid cannot be altered or amended after opening time. Any

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 TFS Purchasing Office based on a written acceptable reason.

1.9 Purchases made for TFS are exempt from the State Sales

tax and Federal Excise tax. Do not include tax in quotation.

Excise Tax Exemption Certificate will be furnished by TFS upon request.

1.10 TFS 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 TFS.

1.11 The telephone number for FAX submission of bid is (979)

458-7387. This is the only number that will be used for the receipt of bids. TFS shall not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive bids will not be considered.

2. SPECIFICATIONS

2.1 Catalogs, brand names or manufacture’s references are

descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered, unless advertised as a Proprietary Purchase in accordance with TAMU Procurement Code Section 1 (b) and TFS Purchasing Procedures, Section 4.13. 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 is requested to be made part of the bid. Failure to take exception to specifications/reference data will require bidder 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 TFS. If not destroyed in examination, they will be returned to the bidder, upon request, at bidder’s expense. Each sample should be marked with bidder's name and address, and Purchase Order number. Do not enclose in or attach bid to sample.

2.5 TFS will not be bound by any oral statement or

representation contrary to the written specifications of this Invitation For Bid (IFB).

2.6 Manufacturer's standard warranty shall apply unless

otherwise stated in the IFB.

3. TIE BIDS

Awards will be made in accordance with TAC Rule 20.36

(b) (3) and 20.38 (preferences).

4. DELIVERY

4.1 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.

4.2 If delay is foreseen, vendor shall give written notice to TFS.

Vendor must keep TFS advised at all times of order status.

Default of promised delivery (without accepted reasons) or failure to meet specifications authorizes TFS to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor.

4.3 No substitutions permitted without TFS written approval.

4.4 Delivery shall be made during normal working hours only, unless prior approval has been obtained from TFS.

4.5 Each shipment must be accompanied by a packing slip

which shows the TFS Purchase Order number and the description, quantity shipped and any back-ordered quantity for each item shipped. Each package must be clearly marked with the destination address and TFS Purchase Order number.

5. INSPECTION AND TESTS

All goods will be subject to inspection and test by TFS.

Authorized TFS personnel shall have access to any 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 vendor 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 TFS’ option, will be returned to the vendor or held for disposition at vendor’s expense. Latent defects may result in revocation of acceptance.

6. AWARD OF CONTRACT AND FORCE MAJURE

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

Bids do not become contracts until they are accepted through a TFS purchase order. The contract shall be governed, construed and interpreted under the laws of the State of Texas, and as same may be amended. Any legal actions must be filed in Brazos County, Texas. The TFS may grant relief from performance of the contract if the vendor is prevented from compliance and performance by the act of war, order of legal authority, act of God, or other unavoidable causes not attributed to the fault or negligence of the contractor. To obtain release on Force Majure, the vendor must file a written request to the TFS.

7. PAYMENT

Vendor shall submit one (1) copy of an itemized invoice showing TFS Purchase Order number. TFS will incur no penalty for late payment if made in 30 or fewer days from receipt of goods or services and an uncontested invoice.

TFS will not be liable for payment of invoices received six (6) or more months after receipt of goods/services.

8. PATENTS OR COPYRIGHTS

Vendor agrees to protect the TFS from claims involving infringement of patents or copyrights.

9. VENDOR ASSIGNMENTS

Vendor hereby assigns to TFS any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), and the antitrust laws of the State of Texas, TEX. Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967).

Inquiries pertaining to quotation must give the quotation number and opening date.

10. BIDDER AFFIRMATION

Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists.

By signature hereon affixed, the bidder hereby certifies that:

10.1 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 quotation.

10.2 The bidder is not currently delinquent in the payment of any franchise tax owed the State of Texas.

10.3 Neither the bidder nor the firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State, or the Federal Antitrust Laws, (see Section 9 above) nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

10.4 Pursuant to Section 2155.004(a) Government Code the

bidder has not received compensation for participation in the preparation of the specification for this IFB.

10.5 Pursuant to Section 231.006 (d), Family Code, re: 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 this contract may be terminated and payment may be withheld if this certification is inaccurate.

10.6 Pursuant to Section 2155.004(b) Government Code the

bidder certifies that the individual or business entity name in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

10.7 The Contractor shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution of performance of this contract.

10.8 Bidder agrees that any payment due under this contract will be applied towards eliminating any debt or delinquency, regardless of when it arises, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

10.9 Bidder certifies that they are in compliance with section

669.003 of the Government Code, relating to contracting with executive head of a State agency. If section 669.003 applies, bidder will complete the following information in order for the bid to be evaluated:

Name of Former Executive: _______________________ Name of State Agency: ___________________________ Date of Separation from State Agency: _______________ Position with Bidder: _____________________________ Date of Employment with Bidder: ___________________

10.10 Bidder agrees to comply with Government Code

2155.4441, pertaining to service contract use of products in the State of Texas.

10.11 Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards.

11. BUSINESS OWNERSHIP

Pursuant to Section 231.006 (c), Family Code, quotation must include name and Social Security Number of each person with at least 25% ownership of the business entity submitting the quotation. Bidders that have pre-registered this information on the TPASS Centralized Master Bidders List have satisfied the requirement. If not pre-registered, attach name & social security number for each person.

Otherwise, information must be provided prior to award.

12. NOTE TO BIDDER

Any terms and conditions attached to a bid will not be considered. Such terms and conditions may result in disqualification of the bid.

13. ALTERNATIVE DISPUTE RESOLUTION

The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by Texas A&M Forest Service and the Contractor to attempt to resolve any claim for breach of contract made by the contractor:

(a) A contractor’s claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Texas Government Code. To initiate the process, the contractor shall submit written notice, as required by subchapter B, to Robby DeWitt, Associate Director for Finance and Administration.

Said notice shall specifically state the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall be given to all other representatives of Texas A&M Forest Service and the contractor otherwise entitled to notice under the parties’ contract. Compliance by the contractor with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, Texas Gov’t Code.

(b) The contested case process provided in Chapter 2260, subchapter C, of the Texas Government Code is the contractor’s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by Texas A&M Forest Service, if the parties are unable to resolve their disputes under this subparagraph (A).

(c) Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by Texas A&M Forest Service nor any other conduct of any representative of Texas A&M Forest Service relating to the contract shall be considered a waiver of sovereign immunity to suit.

(1) The submission, processing, and resolution of the contractor’s claim is governed by the published rules adopted by the Office of the Attorney General of the State of Texas pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules are found under Title 1, Part 3, Chapter 68 of the TAC.

(2) Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the contractor, in whole or in part.

(3) The designated individual responsible on behalf of Texas A&M Forest Service for examining any claim or counterclaim and conducting any negotiations related thereto as required under Title 10, Subchapter B, Section

2260.052 of the Texas Government Code shall be Robby DeWitt, Associate Director for Finance and Administration

(979) 458-7300.

14. PUBLIC DISCLOSURE

(a) Bidder acknowledges that Texas A&M Forest Service is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law.

(b) Upon Texas A&M Forest Service’s written request, bidder will provide specified public information exchanged or created under this Agreement that is not otherwise excepted from disclosure under chapter 552, Texas Government Code, to Texas A&M Forest Service in a non-proprietary format acceptable to Texas A&M Forest Service. As used in this provision, “public information” has the meaning assigned Section 552.002, Texas Government Code, but only includes information to which Texas A&M Forest Service has a right of access.

(c) Bidder acknowledges that Texas A&M Forest Service may be required to post a copy of the fully executed Agreement on its internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

15. REHAB ACT, VEVRAA, SECTION 503

This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

IFB-24-020 ATTACHMENT A

16. Conflict of Interest. By executing this Agreement, Contractor and each person signing on behalf of Contractor certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The A&M System or The A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The A&M System, has direct or indirect financial interest in the award of this Agreement, or in the services to which this Agreement relates, or in any of the profits, real or potential, thereof.

17. Prohibition on Contracts with Companies Boycotting Israel. Prohibition on Contracts with Companies Boycotting Israel. To the extent that Texas Government Code, Chapter 2270 applies to this Agreement, PROVIDER certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of this Agreement. PROVIDER acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

18. Certification Regarding Business with Certain Countries and Organizations. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.

Contractor acknowledges this Agreement may be terminated if this certification is inaccurate.

19. Prohibition on Contracts Related to Persons Involved in Human Trafficking. Under Section 2155.0061, Government Code, the Contractor certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.