REQSL1422819-4-image.pdf

REQSL1422819

2025-06-13 Page 1 of 9 Confidential

*1422819-01-1-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*1*9***] Powered by ASC

BIDDER AGREES TO COMPLY WITH ALL

TERMS & CONDITIONS OF THIS IFB

INVITATION FOR BID #: UTA2025-73513

BID DUE DATE: 3:00 PM – July 2, 2025

DESTINATION OF GOODS/SERVICES: DESCRIPTION: UTA2025-73513 ELEMENTAR

ANALYZER

The University of Texas at Arlington

Central Receiving 1225 W. Mitchell St.

Arlington, TX 76013

BUYER: Terrie Davis

BUYER EMAIL: davis@uta.edu

BUYER PHONE NO: 817-272-2958

SUBMITTING YOUR BID:

Bids MUST be submitted electronically through the University’s online Bid Portal (www.bidnetdirect.com//arlington). Bids will be kept securely until the appropriate opening date and time. If this bid contains a HUB Subcontracting Plan (HSP) submittal requirement, the HSP must be submitted as a separate file with your submission through BidNet.

FAILURE TO SIGN WILL DISQUALIFY BID

AUTHORIZED SIGNATURE DATE

DO NOT SUBMIT A HARDCOPY BID IN RESPONSE TO THIS

SOLICITATION.

By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined in 34 TAC Rule 20.32(68).

Prior to award of any contract or order, the awarded vendor(s) will be required to attest in writing that their company and any employees providing services on the UTA campus or any UTA facility are fully compliant with the CDC’s guidelines for mitigating the spread of the Coronavirus should services be required during the event.

TOTAL AMOUNT OF BID:

FOB:

FREIGHT CHARGES, NOT TO EXCEED:

DELIVERY TIME (ARO): Days

TERMS OF PAYMENT FOR THE STATE OF TEXAS ARE NET 30.

PLEASE QUOTE ANY DISCOUNTS FOR EARLY PAYMENT:

VENDOR INFORMATION

Name

Address

City State Zip

Phone No. Fax No.

Email Address

Contact Name Vendor Internal Reference Number, if Applicable

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT FOR GOODS/SERVICES PURCHASED AGAINST CONTRACT AWARDS.

THE FEDERAL EMPLOYERS IDENTIFICATION NUMBER (EIN) WILL BE USED TO ESTABLISH A PAYEE ID NUMBER:

PLEASE ENTER YOUR FEDERAL EIN:

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

CHECK HERE IF YOU ARE A SOLE OWNERSHIP OR PARTNERSHIP AND COMPLETE SECTION 2.4:

CHECK HERE IF YOU ARE A STATE OF TEXAS CERTIFIED HUB VENDOR (PROVIDE BACKUP INFORMATION:

2025-06-13 Page 2 of 9 Confidential

*1422819-01-2-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*2*9***] Powered by ASC

PREFERENCES

See Section 2.38 of the State of Texas Procurement Manual regarding preferences.

Check below to claim a preference under 34 TAC Rule 20.38

□ 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

2025-06-13 Page 3 of 9 Confidential

*1422819-01-3-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*3*9***] Powered by ASC

FORMAL INVITATION FOR BIDS BID DUE DATE: 3:00 PM – July 2, 2025

UNIVERSITY OF TEXAS AT ARLINGTON INVITATION FOR BID #: UTA2025-73513

Continuation Page(s)

VENDOR NAME_______________________

The University of Texas at Arlington is accepting bids for the following.

ITEM

NO.

DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION

1.

3.

NOTE:

As part of conducting business with the University, supplier will be required to on-board through the University’s supplier registration portal PaymentWorks. Failure or refusal to do so may result in supplier not being selected for contract/order award.

Refer to Exhibit A for Scope of Work and Pricing information.

All questions should be directed to Terrie Davis Sheffer at davis@uta.edu

200008929 unicu-CHNS-120 UNICUBE – CHNS. Elemental analyzer for simultaneous CHNS analyses with integrated 120 positions autosampler. Include initial outfit kit (all items necessary for installation and operation) and starter kit (all necessary consumables for installation and initial operation).

200012071 unicu-option-Ar Unlocking of argon carrier gas option on the UNICUBE – to allow switching between argon and helium as carrier gas without changes in hardware.

Consist of a new software ID.

200005952 vMULcu-fluor-kit Kit for the measurement of fluorinated samples - for highly (> 30 %) fluorinated samples in CHNS and CNS mode.

Each

Commented [KK1]: Added 04/25/2025

2025-06-13 Page 4 of 9 Confidential

*1422819-01-4-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*4*9***] Powered by ASC

4.

5.

6.

7.

8.

9.

10.

11.

12.

200009886 Regulator Helium/Argon/Nitrogen high quality valve with two stages for helium, argon or carbon dioxide gas cylinders.

200005503 Regulator O2, 04 278 800 Regulator O2, 0 high quality valve with two stages for O2 gas cylinders, suitable for 200 bar.

200011979 unicu-4k-CHN/CN Set of consumables for UNICUBE - contains all necessary consumables (chemicals, sample containers, reaction tubes) for approximately 4000 analyses of solid samples in CHN/CN mode.

100003908 unicu-wearparts Set of O-rings and small wear parts for UNICUBE, vario ISOTOPE select

200014001 micbal-1 Electronic microbalance, Mettler-Toledo WXTS, new model - readability 0.001 mg with V 24/RS 232 interface. Include cable to connect to elementar analyzer.

200014628 vMULcu-capsulesealpress Capsule sealing press - for gas-tight sealing of tin and silver capsules (0,012 - 0,5 ml). For use for liquid and sensitive samples. Possibility to connect to an inert gas for sealing under protective atmosphere.

100008038 Tin capsules, V = 0.04 ml, 250 pc.

200014582 Computer modern office PC with operating system Windows® 11 (other systems on request), hard disk drive, CD- ROM drive, modern flat screen monitor, mouse and English keyboard.

200008616 unicu-train-online-U1

2025-06-13 Page 5 of 9 Confidential

*1422819-01-5-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*5*9***] Powered by ASC

13.

UNICUBE User Level 1 online training, with certificate - The goals for this course are that the participant will: - Be able to use the software to analyze samples and process results. - Be able to prepare samples for analysis. - Be able to assess system readiness. To register for the course, after purchase, sign up for an account at https://training.elementar.com/login/signup.php.

200013005 unicu-train-online-U2 UNICUBE User Level 2 online training, with certificate - The goals for this course are that the participant will: - Know the basic principles of analysis and analyzer function. - Be able to select appropriate sample size and analysis method. - Be able to perform routine maintenance. - Be able to troubleshoot routine problems, including leaks, blockages, and exhausted chemicals. To register for the course, after purchase, sign up for an account at https://training.elementar.com/login/signup.php.

Receipt of the certificate requires prior completion of the related User Level 1 course.

Vendor required to initiate the shipping process.

FOB Destination, Prepay and add.

1. BID REQUIREMENTS:

1.1. Submit bids on this Invitation for Bids (IFB) Form or as directed in BidNet. Late and/or unsigned bids will not be considered under any circumstances. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

1.2. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications. Bid unit price on the quantity specified, extend and show total. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. Bid prices will be considered firm for acceptance within 30 days after the bid due date unless otherwise specified. "Discount from list" bids are not acceptable unless requested. Cash discounts will not be considered in determining award; all cash discounts offered will be taken if earned. Bidder will list and deduct all trade discounts, educational discounts, and other discounts, not based on early payment from the bidder's prices quoted.

1.3. Bidder should enter Texas Identification Number System (TINS) number, full firm name and address of bidder on the face of this form. Enter in the space provided, if not shown.

1.4. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by University based on an acceptable written reason.

1.5. University is exempt from State Sales Tax and Federal Excise Tax. Do not include in bid. Tax Exemption Certificate furnished upon request.

1.6. Responses to this IFB must be submitted on the Invitation Form per the instructions on the cover page, or as directed in BidNet. Only bids submitted through

BidNet will be accepted.

1.7. All questions regarding this bid must be directed to the Buyer noted on the bid document. Direct contact with the end-user/department is strictly prohibited and may result in disqualification of your bid.

2025-06-13 Page 6 of 9 Confidential

*1422819-01-6-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*6*9***] Powered by ASC

2. AWARD NOTICE:

2.1. Pursuant to Texas Education Code, Sec. 51.9335, University reserves the right to make an award determined on the basis of best value.

2.2. University reserves the right to accept or reject all or part of any bid, waive any formalities or technical inconsistencies, delete any requirement or specification from this Invitation, or terminate this solicitation when deemed to be in University's best interest.

2.3. Bidder hereby assigns to University any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A.

§1, et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Comm. Code §15.01, et seq.

2.4. Pursuant to §231.006(d), Texas Family Code, regarding child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to §231.006, Gov't Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award.

Enter the Name & Social Security Numbers for each person below:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

2.5. In case of tie bids, any award will be made pursuant to Rule § 20.36 (b)(3) in Title 34 of the Texas Administrative Code.

2.6. Bidder shall not assign any resulting contract or agreement resulting from this IFB without prior written approval from the University’s Purchasing Office.

2.7. Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections

51.9335, 3.115 and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Bidder under this IFB. In particular, Bidder should note that University is part of The University of Texas System (“UT System”), which is comprised of nine academic and six health universities described at http://www.utsystem.edu/institutions. UT System institutions routinely evaluate whether a contract/purchase order resulting from a procurement conducted by one of the institutions might be suitable for use by another, and if so, this could give rise to additional purchase volumes. As a result, in submitting its bid in response to this IFB, Bidder should consider proposing pricing and other commercial terms that take into account such higher volumes and other expanded opportunities that could result from the eventual inclusion of other institutions in the purchase contemplated by this IFB.

3. SPECIFICATIONS:

3.1. Unless specifically stated otherwise, any catalog, brand name or manufacturer's reference used in this IFB is descriptive (not restrictive) and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than referenced specifications, the bid MUST show manufacturer brand or trade name and description of product offered. Illustrations and complete descriptions of product offered should be made part of the bid.

If bidder does not identify exceptions to the specifications shown in this IFB, bidder will be required to furnish brand names, numbers, etc., as shown in the Invitation.

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

3.3. No substitutions permitted without written approval of the University.

3.4. The University will not be bound by any oral statement or representation contrary to the written specifications of this IFB.

4. DELIVERY:

4.1. Bid should show the number of days required to deliver items to University's designated location under normal conditions. Unrealistically short or long delivery promises may cause bid to be disregarded. Failure to state delivery time obligates bidder to complete delivery in 14 calendar days.

4.2. The Texas Health and Safety Code, Chapter 502.006, Texas Hazard Communication Act requires chemical manufacturers and distributors to provide Material Safety Data Sheets (MSDSs) for hazardous materials sold. Products covered by this Act must be accompanied by an MSDS and such products must be labeled in compliance with the law. For any product not covered under the Act, a statement of exemption must be provided.

4.3. No substitutions permitted without written approval of the University.

5. BIDDER AFFIRMATION:

By signature hereon affixed, the bidder hereby certifies that:

5.1. Bidder affirms that it has not given or offered to give, and does not intend 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. Signing this bid with a false statement is a material breach of contract and shall void the submitted bid and any resulting contracts.

5.2. Bidder certifies that (i) no relationship, whether by blood, marriage, business association, capital funding agreement or by any other such kinship or connection, exists between the owner of any Bidder that is a sole proprietorship, the officers or directors of any Bidder that is a corporation, the partners of any Bidder that is a partnership, the joint ventures of any Bidder that is a joint venture or the members or managers of any Bidder that is a limited liability corporation, on one hand, and an employee of The University of Texas System, on the other hand, other than the relationships which have been previously disclosed to University in writing, and (ii) Bidder has not been an employee of University or any component institution of The University of Texas System within the immediate twelve (12) months prior to the Bid Due Date. All disclosures by Bidder in connection with this certification will be subject to administrative review and approval before University enters into a contract or agreement with Bidder.

5.3. Bidder certifies that it is not currently delinquent in the payment of any taxes due under Chapter 171, Texas Tax Code or that Bidder is exempt from the payment of those taxes, or that Bidder is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable. Bidder acknowledges that a false certification will be deemed a material breach of any resulting contract or agreement and, at University’s option, may result in termination of any resulting contract or agreement.

5.4. Bidder certifies that neither the Bidder nor any firm, corporation, partnership or institution represented by Bidder, or anyone acting for any such entity has (a) violated the antitrust laws of this State, (codified in Section 15.01 et seq., Texas Business and Commerce Code), or the federal antitrust laws, or (b) communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

5.5. Bidder, in accordance with Section 2155.004, Texas Government Code, certifies that it has not received compensation for its participation in the preparation of the requirements or specifications for this IFB. Sections 2155.006 and 2261.053, Gov't Code, prohibit state agencies from awarding contracts to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004, Texas Government Code, occurring after September 24, 2005.

5.6. Bidder, pursuant to Section 2155.006, Texas Government Code, certifies that Bidder is not ineligible to receive the award of or payments under any resulting contract or agreement and acknowledges that such a contract or agreement may be terminated and payment withheld if these certifications are inaccurate.

2025-06-13 Page 7 of 9 Confidential

*1422819-01-7-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*7*9***] Powered by ASC

5.7. Bidder agrees that, pursuant to Sections 2107.008 and 2252.903, Texas Government Code, any payments owing to Bidder under any contract or agreement resulting from this IFB may be applied directly to any debt or delinquency that Bidder owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.

5.8. BIDDER WILL DEFEND WITH COUNSEL APPROVED BY UNIVERSITY, INDEMNIFY, AND HOLD HARMLESS UNIVERSITY, THE UNIVERSITY OF TEXAS SYSTEM, THE STATE OF TEXAS, AND ALL OF THEIR REGENTS, OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ALL ACTIONS, SUITS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND OTHER CLAIMS OF ANY NATURE, KIND OR DESCRIPTION, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED IN INVESTIGATING, DEFENDING OR SETTLING ANY OF THE FOREGOING, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT OR AGREEMENT RESULTING FROM THIS IFB.

5.9. Bidder, pursuant to Section 669.003 of the Texas Government Code, represents, certifies and warrants that is (i) is not the executive head of the University, (ii) was not the executive head of the University at any time during the four years before the Bid Due Date, and (iii) does not employ (or anticipate employing) either

(a) the current executive head of the University or (b) any person who was the executive head of the University during the four years before the Bid Due Date.

Provided, however, in the event that the Bidder cannot make the above representation, certification and warranty, then Bidder must include in its bid a statement of why Bidder is unable to do so as well as all of the following information in order for their bid to be evaluated by the University for compliance with Section 669.03:

A. Bidder must identify the names of the current or any former executive heads of the University (1) with whom Bidder proposes the University enter into a contract or agreement or (2) who are employed by Bidder (or whom Bidder anticipates employing.)) B. Bidder must identify the following information for each individual identified in item A above who was formerly an executive head of the University:

(1) the individual’s date of separation from the University;

(2) the position that the individual holds (or will hold) with Bidder; and

(3) the date(s) during which the individual has been employed by Bidder, or dates on which the individual is to start employment with Bidder.

Bidder’s failure to provide such a statement and all of the above information in its bid constitutes Bidder’s agreement to the representation, certification and warranty set forth at the start of this Section 5.9. The University may require Bidder to provide additional information and assistance in order to comply with Section 669.003; Bidder acknowledges that the University may reject Bidder’s bid in the event that Bidder does not provide such additional information and assistance.

Bidder acknowledges that Section 669.003 may prevent Bidder from being awarded any contract or agreement resulting from this IFB.

5.10. In accordance with Section 2155.4441, Texas Government Code, bidder agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

5.11. A Bidder that is a corporation or a limited liability company warrants, represents, covenants and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and delivery its bid and any contract or agreement resulting from this IFB.

5.12. Person signing bid must have the authority to bind the firm in a contract.

5.13. Bidder represents and warrants all products and services offered to University in response to this IFB meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and the Texas Hazard Communication Act, Chapter 502, Texas Health and Safety Code, and all related regulations in effect or proposed as of the date of this IFB.

5.14. Pursuant to Texas Government Code Chapter 2270, Contractor represents and warrants that it neither currently boycotts Israel nor will it boycott Israel at any time during the term of this Agreement.

5.15. Pursuant to Chapter 2274, Texas Government Code (enacted by SB 19, 87th Texas Legislature, Regular Session (2021)), Contractor verifies (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. Contractor acknowledges this Agreement may be terminated and payment withheld if this verification is inaccurate.

5.16 Pursuant to Chapter 2274, Texas Government Code (enacted by SB 13, 87th Texas Legislature, Regular Session (2021)), Contractor verifies (1) it does not boycott energy companies and (2) it will not boycott energy companies during the term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this verification is inaccurate.

5.17 Pursuant to Section 161.0085, Texas Health and Safety Code (enacted by SB 968, 87th Texas Legislature, Regular Session (2021)), Contractor certifies that it does not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Contractor’s business. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

6. TEXAS BIDDER AFFIRMATION CLAUSE:

By signing this bid, Bidder certifies that if a Texas address is shown as the Bidder's address, Bidder qualifies as a Texas Bidder, as defined in Section 2155.444 (c) (2) of the Texas Government Code and in Title 34, Rule §20.32 (68) of the Texas Administrative Code.

7. ACCESS BY INDIVIDUALS WITH DISABILITIES:

Bidder represents and warrants under both this bid and any contract or agreement between Bidder and the University that results from this Invitation to Bid ("EIR Accessibility Warranty") that the electronic and information resources and all associated information, documentation, and support that Bidder provides or offers to provide to the University under this bid or any resulting contract or agreement (collectively, the "EIRs") comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule §206.70 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) To the extent successful Bidder becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Bidder represents and warrants that it will, at no cost to University, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty In the event that Bidder is unable to do so, then the University may reject Bidder’s bid and/or terminate any contract or agreement between Bidder and the University resulting from this IFB and Bidder will refund to the University all amounts the University has paid under any contract or agreement resulting from this IFB within thirty (30) days after the termination date.

8. GENERAL:

8.1. Inquiries pertaining to this IFB must identify the Bid Invitation No. and Opening Date.

8.2. 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 University issued purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas.

8.3. NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT THE INFORMATION THAT GOVERNMENTAL

BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, TEXAS GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION 559.004, TEXAS GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT ANY INFORMATION ABOUT SUCH INDIVIDUALS THAT IS

INCORRECT.

9. NOTICES:

2025-06-13 Page 8 of 9 Confidential

*1422819-01-8-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*8*9***] Powered by ASC

Except as provided in this Section 8, all notices, consents, approvals, demands, requests or other communications provided for or permitted to be given by Bidder to the University under any of the provisions of this IFB or any resulting contract or agreement will be in writing and will be deemed to have been duly given or served when delivered by hand delivery or when deposited in the US mail by registered or certified mail, return receipt requested, postage prepaid, and addressed to the University’s Purchasing Office as set forth in the IFB.

10. BREACH OF CONTRACT CLAIMS:

To the extent Chapter 2260, Texas Government Code, is applicable to any contract or agreement resulting from this IFB and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Bidder to attempt to resolve any claim for breach of contract made by Bidder that cannot be resolved in the ordinary course of business. The chief business officer of University or his or her delegate will examine Bidder’s claim and any counterclaim and negotiate with Bidder in an effort to resolve such claims. The parties specifically agree that (i) neither the execution by University of any contract or agreement resulting from this IFB nor any other conduct, action or inaction of any representative of University relating to such a contract or agreement constitutes or is intended to constitute a waiver of University’s or the state’s sovereign immunity to suit; and (ii) University has not waived its right to seek redress in courts.

11. FEDERAL GRANT PURCHASES:

Federal Funds: All procurements of supplies, equipment, and services utilizing Federal Funds (e.g., Federal Grant or Contract) shall be made in accordance with all applicable federal rules and regulations: Federal Acquisition Regulation (FAR), Federal Office of Management and Budget (OMB) A-21 for cost principles A-110 for administrative requirements, and A-133 for audit requirements Circulars: Educational and Non-Profit Institutions Documents http://www.whitehouse.gov/omb/circulars/index-education.html OMB Circular A110 http://www.whitehouse.gov/omb/circulars/a110/a110.html Excluded Parties List (Debarred Bidders List): https://www.sam.gov/. By signing this solicitation document bidder certifies they are in compliance with OMB A110 and are not on the Debarred Bidders List.

The following clause will apply to this solicitation: Disputes Clause, FAR 52.233-1

12. TERMS AND CONDITIONS OF RESULTING ORDER(S):

The University’s Purchase Order Terms and Conditions, found at https://resources.uta.edu/business-affairs/files/hub/PO-TCs.pdf, shall apply to any resulting order. Any exceptions or proposed alternate language must be noted clearly in your bid. Any exceptions or alternate language will be reviewed by the University and acceptance is at the sole discretion of the University. Documents submitted after the fact will not be considered.

13. PARKING AND CAMPUS ACCESS:

Employees of companies who park their personal vehicle in UTA parking facilities, or any property owned or controlled by UTA, to perform their duties are required to purchase a faculty/staff or daily permit. For more information visit the University’s Parking and Transportation Services website at https://www.uta.edu/pats/parking/contractor-vendor.php

In addition, per Police Department Procedure 6-13 “Service Vehicle Operation on Campus, Section V”, service vehicles will not be permitted access to interior campus pedestrian areas between the hours of 11 a.m. and 2 p.m. with the exception of emergency situations. Special permission from the UTA Police Department is necessary to drive or park on the mall area during these hours. The full procedure can be viewed at https://policy.uta.edu/.

14. CYBERSECURITY TRAINING PROGRAM:

If Contractor and/or its subcontractors, officers, or employees will have an account on a State of Texas computer system (for example, an account to an application, database, or network), then pursuant to Section 2054.5192, Texas Government Code, Contractor and its subcontractors, officers, and employees must complete a cybersecurity training program certified under Section 2054.5192, Texas Government Code and selected by the University. The cybersecurity training program must be completed by the Contractor and its subcontractors, officers, and employees during the term and any renewal period of any Agreement resulting from this solicitation.

Contract shall verify completion of the program to the University.

15. TRANSITION PERIOD

If applicable, Contractor must agree that when any resulting Contract Agreement or Purchase Order resulting from this IFB expires or is terminated for any reason, then, at the University’s option, Contractor will continue to perform the services in accordance with the terms, conditions and pricing of this Contract Agreement or Purchase Order until the University contracts with another qualified and experienced Contractor(s) to perform the services or, is able to perform the services in-house; provided that the Contractor will not be required to continue performing the services for more than 90 days (unless a longer term is mutually agree to) after the expiration or termination date of this Contract Agreement.

The Contractor will cooperate with, and assist, the University’s efforts to transition to another Contractor(s) or to perform services in-house.

16. CONTRACTOR COMPLIANCE and CERTIFICATION RELATING to CLOUD COMPUTING SERVICES

Section 2054.0593 of the Texas Government Code (enacted by SB 475, 87th Texas Legislature, Regular Session (2021) requires the Texas Department of Information Resources (DIR) to establish and implement a state risk and authorization management program to provide a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of Texas state agencies. DIR by rule shall prescribe (1) the categories and characteristics of cloud computing services subject to the state risk and authorization management program and (2) the requirements for certification through the program of vendors that provide cloud computing services. DIR shall evaluate vendors to determine whether a vendor qualifies for a certification issued by DIR reflecting compliance with program requirements. Texas state agencies must ensure that each contract for cloud computing services that the agency enters into or renews on or after January 1, 2022, complies with Section 2054.0593.

As a result, Contractor must comply with the requirements of such a state risk and authorization management program and maintain program compliance and certification throughout the term of this Agreement. Contractor understands and agrees that the University may not enter into or renew a contract with Contractor to purchase cloud computing services for the University that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. Contractor acknowledges this Agreement may be terminated and payment withheld if Contractor does not comply with this Section.

2025-06-13 Page 9 of 9 Confidential

*1422819-01-9-9* [***REQSL1422819 *1 *079370138856668109119705732295198904067385626539*9*9***] Powered by ASC

As a reminder, The University of Texas at Arlington is a tobacco-free campus. The campus policy is available on the University’s website at the following link and all potential contractors are expected to review and abide by this policy: https://policy.uta.edu/.

Best Value:

This bid will be awarded based on "best value". Factors in addition to price will be considered in determining an award. The bidder selected for award will be the bidder whose bid is the most advantageous to the university. Best value factors to be used will be: (1) Purchase price; (2) Reputation of the vendor and of the vendor's goods or services;

(3) Quality of vendor's goods or services; (4) Extent to which the goods or services meets UT Arlington's needs; (5) Vendor's past relationship with UT Arlington; (6) Impact on ability of UT Arlington to comply with the laws and rules relating to historically underutilized businesses; (7) Impact on the ability of UT Arlington to comply with the laws and rules relating to the procurement of goods and services from persons with disabilities; (8) Long term cost to UT Arlington of acquiring the vendor's goods or services; (9) Compliance with University's terms and conditions; (10) Compliance with University's insurance requirements; and (11) Any relevant factor that a private business entity would consider in selecting a vendor. The university will be the sole judge of the best value criteria.

Equivalents:

Unless specifically stated otherwise, any catalog, brand name or manufacturer's reference used in this IFB is descriptive (not restrictive) and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than referenced specifications, the bid MUST show manufacturer brand or trade name and description of product offered. Illustrations and complete descriptions of product offered should be made part of the bid. If bidder does not identify exceptions to the specifications shown in this IFB, bidder will be required to furnish brand names, numbers, etc., as shown in the Invitation.