Request for Proposal Uniform Rental and Laundry Services ... · 1.1 GENERAL: The State Preservation...

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Request for Proposal Uniform Rental and Laundry Services Texas State Preservation Board Properties RFP #809-21-0005 OWNER: Texas State Preservation Board Sam Houston Building, Suite 950 P.O. Box 13286 Austin, Texas 78711 Date Issued: July 14, 2020 Proposal Due Date: August 4, 2020

Transcript of Request for Proposal Uniform Rental and Laundry Services ... · 1.1 GENERAL: The State Preservation...

Page 1: Request for Proposal Uniform Rental and Laundry Services ... · 1.1 GENERAL: The State Preservation Board (SPB) is soliciting proposals from qualified contractors to provide uniform

Request for Proposal Uniform Rental and Laundry Services

Texas State Preservation Board Properties

RFP #809-21-0005

OWNER: Texas State Preservation Board Sam Houston Building, Suite 950

P.O. Box 13286 Austin, Texas 78711

Date Issued: July 14, 2020 Proposal Due Date: August 4, 2020

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Table of Contents

Section 1 - PROPOSAL INFORMATION 1.1 General 1.2 Definitions 1.3 Schedule of Events 1.4 Questions 1.5 Contract Type 1.6 Conflicts of Interest 1.7 Proposal Requirements 1.8 Proposal Submission 1.9 Delivery of Proposals 1.10 Proposal Evaluation and Award of Contract Section 2 - PROJECT DESCRIPTION 2.1 Background 2.2 Scope of Work 2.3 Service Requirements 2.4 Contract Duration ATTACHMENTS TO THE RFP Attachment A: Standard Purchase Order Terms and Conditions Attachment B: Contractor's Proposal Form Attachment C: Logos for Shirt Patches

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RFP: Uniform Rental and Laundry Services RFP # 809-21-0005

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REQUEST FOR PROPOSAL

Uniform Rental and Laundry Services Date Issued: July 14, 2020

Submittals Due: 2:00PM, CT, August 4, 2020

SECTION 1 PROPOSAL INFORMATION

1.1 GENERAL: The State Preservation Board (SPB) is soliciting proposals from qualified contractors to provide uniform rental and laundry services for approximately forty-six (46) employees at the Texas Capitol, Texas State History Museum, and Texas State Cemetery. All services will be in accordance with the terms, conditions, and requirements set forth in this Request for Proposal (RFP). This RFP provides Respondents with the information necessary to prepare and submit a proposal for consideration by the SPB. The estimated budget for the services described in this RFP is approximately $30,000 annually.

1.2 DEFINITIONS: When capitalized, the following terms and acronyms have the meaning set forth below.

Addendum - A modification of the specifications issued by SPB and made available to prospective Respondents prior to the opening of proposals. Best and Final Offer (BAFO) - A formal request made to acceptable or potentially acceptable Respondents for revision to the originally submitted proposal. Contract - The services Contract attached to this RFP as Attachment B. Contract Manager/Project Manager - The individual designated by SPB to represent SPB during the performance of the Contract. Contractor - The Respondent awarded a Contract as a result of the RFP. Electronic State Business Daily (ESBD) - The designated website where state agencies, universities, and municipalities post formal solicitations (over $25K), addendums to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.com/sp HUB - Historically Underutilized Business, pursuant to Texas Govt. Code, Chapter §2161, means a business that is at least 51% owned by a Asian Pacific American, a Black American, a Hispanic American, a Native American, and American Woman, and/or a United States Veteran with a minimum 20% Disability rating; is an entity with its principal place of business in Texas; and has an owner residing in Texas with proportionate interest that actively participates in the control, operations, and management of the entity's affairs. Proposal - The response submitted by a vendor to the SPB as a result of this solicitation. Respondent - An individual, partnership or corporation that responds to this RFP. RFP - Request for Proposal, which is the type of solicitation embodied in this document. SPB - The State Preservation Board, the state agency issuing this solicitation. Also referred to as the Owner.

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1.3 SCHEDULE OF EVENTS: The solicitation process for this RFP will proceed according to the following schedule:

Event Date Issue RFP July 14, 2020 Deadline for Submission of Questions 5PM, CT, July 24, 2020 Anticipated Release Date of Addendum, if any July 28, 2020 Deadline for Submission of Proposals 2:00 PM, CT, August 4, 2020 Expected Contract Award Date August 14, 2020 Revisions to the Schedule - SPB reserves the right to change the dates in the Schedule of Events set forth above upon written notification to prospective Respondents through a posting of an Addendum on the Electronic State Business Daily. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. The Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected Contractor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFP. The link to the ESBD is http://www.txsmartbuy.com/sp

1.4 QUESTIONS: All questions must be submitted in writing by email to [email protected] by 5PM

Central Time, on the date listed as the deadline for submission of questions in Section 1.3. Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued as an addendum and will be posted to the Electronic State Business Daily (ESBD), available at http://www.txsmartbuy.com/sp. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. The Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFP. All such addenda issued by SPB prior to the time proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their response. Only those SPB replies to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect.

Upon issuance of this RFP, besides written inquiries as described above, other employees and representatives of SPB will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this RFP.

1.5 CONTRACT TYPE: It is the SPB's intent to award to one qualified firm. Any contract resulting from this solicitation will be in the form of the SPB's Purchase Order. A sample copy of the Purchase Order Standard Terms and Conditions is attached to this RFP document as Attachment A. Respondents must review the Purchase Order Terms and Conditions and will be required to adhere to the terms if awarded the project. 1.6 CONFLICTS OF INTEREST: By submitting a Proposal, Respondent represents and warrants that neither it nor

its employees and subcontractors have an actual or potential conflict of interest in entering a Contract with the State Preservation Board. Respondent also represents and warrants that entering a Contract with the State Preservation Board will not create the appearance of impropriety. In its Proposal, Respondent must disclose any existing or potential conflict of interest that it might have in contracting with the State

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Preservation Board. The requirement to disclose any actual or potential conflict of interest will continue during the term of the contract. The State Preservation Board will decide, in its sole discretion, whether an actual or perceived conflict should result in disqualification or Contract termination.

In addition to the disclosures required above, Respondent must also disclose any of its personnel who current or former employees or officers of the State Preservation Board or who are related, within the third degree of affinity (as defined by Texas Government Code §573.025), to any current or former officers or employees of the State Preservation Board.

Respondents must comply with all applicable Texas and federal laws and regulations relating to the hiring of former state employees (see e.g., Texas Government Code Chapters 572 and 573). Such "revolving door" provisions generally restrict former agency heads from communicating with or appearing before the agency on certain matters for two years after leaving the agency. The revolving door provisions also restrict some former employees from representing clients on matters that the employee participated in during state service or matters that were in the employees' official responsibility. Respondent, by signing this solicitation, certifies that is has complied with all applicable laws and regulations regarding former state employees.

1.7 PROPOSAL REQUIREMENTS:

1.7.1 Submissions - Respondents shall submit one original of all Proposal documents and Attachment B, Contractor's Proposal Form. If submitting via email, one electronic copy of the full Proposal and Attachment B, Contractor's Proposal Form is required.

1.7.2 Costs - Respondents to this RFP are responsible for all costs associated with the proposal preparation

and delivery. 1.7.3 Public Information - SPB will not consider any Proposal that bears a copyright. Proposals will be

subject to the Texas Public Information Act (PIA), Tex. Government Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable, and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be in boldface type and at least 14 point font.

1.7.4 Contents and Format - Listed below is a summary of all information to be included in a Proposal

submitted in response to this RFP. Proposals submitted without all of the required information may

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be rejected. SPB reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State of Texas. Any terms and conditions attached to the response will not be considered unless specifically referred to on this Request for Proposals and may result in disqualification of the response. Information should be organized in the order outlined below and respond specifically to each requested item. Any additional information considered to be relevant to the submission should be provided as an attachment at the end of the document.

Firm Information Provide name, address, phone number, email address, and contact person of the firm proposing. State type of organization (corporation, partnership, sole proprietor, etc.) and list all owners and/or officers. If applicable, indicate firm's HUB status and attach certification in the attachment section of your response. Firm Experience

Describe your firm's experience and expertise in the services required by this RFP. Where possible, focus on your firm's experience with service contracts of this scale. Note that the Contractor must have a minimum of five (5) years' experience in servicing contracts of this size and scope and must be able to provide a minimum of three (3) references from similar projects.

Project Details and References Provide detailed information on three (3) directly relevant contracts serviced by the firm in the last five (5) years. Provide the following information:

o Project Name and Location o Brief Description of Project Scope o Annual Service Cost o Firm’s Specific Role in the Project o Name, Contact Person, Phone Number, and e-mail of Owner

Service Plan Describe your procedure for delivery and pickup of uniforms and laundry services from the three different SPB locations (Texas Capitol, Texas State History Museum, and Texas State Cemetery), inclusive of a description of your quality control program. Provide an action plan for remedying delivery errors and making necessary uniform repairs and replacements. Provide details on all services included as part of the rental and cleaning services.

REQUIRED ATTACHMENTS TO PROPOSAL:

1. Attachment B: Contractor's Proposal Form 2. Replacement cost schedule per garment

1.8 PROPOSAL SUBMISSION: 1.8.1 All proposals must be received at SPB no later than 2PM, Central Time, Austin, Texas on the date

specified in the Schedule of Events. The official bid clock in the State Preservation Board reception area is the sole determiner of the time of day. Proposals received after the proposal deadline will not be considered.

1.8.2 If submitting hardcopies, Proposals must be placed in a separate envelope or package and correctly

identified with the RFP number and submittal deadline date and time. It is the Respondent's

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responsibility to appropriately mark and deliver the proposal to SPB by the specified date and time. Proposals submitted via email must contain the RFP number and title in the email subject line.

1.8.3 Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum with the submitted proposal.

1.8.4 All submitted Proposals become the property of SPB after the RFP submittal deadline date. Proposals submitted constitute an offer for a period of ninety (90) days or the respondent may agree to the extension of the offer until an award is made by SPB.

1.9 DELIVERY OF PROPOSALS: Proposals must be submitted to SPB by one of the following methods:

By US Mail: State Preservation Board Attn: Purchasing Manager P.O. Box 13286 Austin, TX 78711

By Overnight/Express Mail: State Preservation Board Attn: Purchasing Manager 201 E. 14th St., Ste. 950 Austin, TX 78701

By Email*: [email protected] * If Respondent is submitting their proposal via email, it is recommended that Respondent begin the email process at least 24 hours in advance of the due date/time since most large attachments are quarantined and delayed for security scanning. The email subject line should contain the RFP number and title as indicated on the cover page. The State shall not be responsible for failure of electronic equipment or operator error. SPB takes no responsibility for electronic Proposals that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination email box by the due date/time by any SPB anti-virus or other security software. All proposals received via email will be acknowledged. If no confirmation is received, contact the SPB Purchasing Dept. at 512-936-4691 to confirm receipt of proposal.

1.10 PROPOSAL EVALUATION AND AWARD OF CONTRACT:

1.10.1 The SPB shall award the Contract to the Respondent whose proposal is considered to provide the best value to the State of Texas, as defined by Texas Government Code, Section 2155.074. The SPB reserves the right to award the contract without any negotiations. Respondents are strongly encouraged to provide its best price in its Proposal because the SPB makes no guarantee that there will be any opportunity to negotiate or provide alternative pricing at any point in the RFP process. SPB will not conduct bid/proposal openings or tabulations prior to award of the Contract. Only the names of the Respondents will be made public prior to award of the Contract. 1.10.2 A committee will be established to evaluate the submitted proposals. The evaluation committee will evaluate and score each proposal based on the criteria stated in this RFP. By submitting a proposal in response to this RFP, the Respondent accepts the evaluation process and acknowledges and accepts that scoring of the proposals may involve some subjective judgments by the evaluation committee.

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1.10.3 The evaluation committee will evaluate and score each proposal based on the following criteria:

Criteria Weight

Cost Proposal 40%

Service Plan 30%

Firm Experience with similar services 30%

1.10.4 The SPB is required to report a vendor’s performance on any purchase of $25,000 or more from

contracts administered by the agency or any other purchase made through SPB’s delegated authority or a purchase made pursuant to the authority in Texas Government Code, Title 10, Subtitle D or a purchase exempt from CPA/TPASS procurement rules and procedures. Respondent’s past performance will be measured based upon a classification given by the CPA rating a vendor on an A through F scale, with A being the highest grade. The SPB is required to review the rating in the CPA’s performance tracking system to determine whether to award a contract to a Respondent. Vendor performance information is located on the CPA website at: http://www.txsmartbuy.com/vpts

1.10.5 SPB will conduct reference checks with other entities regarding past performance, in addition to

evaluating performance through the Vendor Performance Tracking System. SPB will examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of SPB, and any negative findings, as determined by SPB, may result in non-award to the Respondent.

1.10.6 The evaluation committee will determine if Best and Final Offers (BAFO) are necessary.

Respondents should provide their best offers in the initial response as award of a contract may be made without Best and Final Offers. A request for a Best and Final Offer is at the sole discretion of SPB and will be extended in writing.

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SECTION 2

PROJECT DESCRIPTION

2.1 BACKGROUND: The State Preservation Board (SPB) is soliciting proposals from qualified contractors to provide uniform rental and laundry services. Included in the scope of work is the rental of uniforms for approximately forty-six (46) SPB Employees at three (3) different sites: The Texas Capitol, Texas State History Museum, and Texas State Cemetery. Each employee will require eleven (11) uniforms, Grounds employees will receive (12) uniforms comprised of various combinations of the garments listed below. Uniforms must be picked up and dropped off weekly for laundering at each of the three SPB locations (drop-off/pick-up addresses provided below). Uniform shirts must display the appropriate SPB logo provided in Attachment C.

Texas Capitol Extension Loading Dock Colorado St. & W 13th St. Austin, TX 78701 Texas State History Museum Loading Dock 1801 Colorado St. Austin, TX 78701 Texas State Cemetery 909 Navasota St Austin, TX 78702 2.2 SCOPE OF WORK: Provide all material, labor, equipment, and coordination necessary to provide uniform

rental and laundry services.

In addition to the samples requested below, proposers may include one (1) specialty uniform available from the vendor that may be of better quality and/or better wear than those already listed here

2.2.1 Uniform Specifications

Short Sleeve/Long Sleeve Work Shirt

Must be available in navy blue and khaki

60% Polyester/40% Cotton

100% Cotton option must be available

Must be available in men's and women's sizes and styles

Must have SPB logo patch on front upper-left side

Wrinkle-Free Short Sleeve/Long Sleeve Work Shirt

Must be available in blue and khaki

65% Polyester/35% Cotton

100% Cotton option must be available

Must be available in men's and women's sizes and styles

Must have SPB logo patch on front upper-left side

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Polo Work Shirt

Blue

100% Microfiber Polyester

Must be available in men's and women's sizes and styles

Must have SPB logo patch on front upper-left side

Work Pants

Must be available in navy and khaki

65% Polyester/35% Cotton

100% Cotton option must be available

Must be available in men's and women's sizes and styles

Cargo Work Pants

Must be available in navy and khaki

65% Polyester/35% Cotton

100% Cotton option must be available

Must be available in men's and women's sizes and styles

Flame Resistant Work Pants

Must be available in men's and women's sizes and styles

Rating must be ATPV 8.2, ARC 2 or more

Flame Resistant Work Shirts

Must be available in men's and women's sizes and styles

Rating must be ATPV 8.2, ARC 2 or more

Coveralls

Must be available in men's and women's sizes and styles

Jackets

Navy

Must be available in men's and women's sizes and styles

Must have SPB logo patch on front upper-left side

SPB Logo Patches

Logos must match image shown in Attachment C

Patch should be removable once garment is taken out of circulation

Required on all shirts

Denim Pants

Must be available in men's and women's sizes and styles

Prior to contract award, the respondent who scores highest based on the evaluation criteria outlined in Section 1.10 will be required to submit samples of each garment listed above in each material option specified. Samples will be evaluated to determine responsiveness to the requirements of the Scope of Work. The Contract Manager will coordinate the drop off and pick up logistics of the sample garments.

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2.2.2 Laundry Service Requirements

a. Pickup and delivery to be once per week, fifty-two (52) weeks per year, at each of the three (3) SPB locations.

b. All garments must be thoroughly inspected for deficiencies each week. c. All garments must be wrinkle free and ready to wear upon delivery.

d. All button repair, zipper repair, and tears less than the size of a quarter must be included in rental costs.

2.3 SERVICE REQUIREMENTS:

2.3.1 After contract award, Contractor shall supply forms and personnel to measure employees for uniforms.

2.3.2 At initiation of contract, all uniforms are to be supplied new and unused. 2.3.3 All uniforms supplied will be in good condition and will be maintained and repaired as needed. New

garments will be supplied when uniforms are beyond reasonable repair. The SPB recognizes its obligation for any garments that are ruined or lost by actions of the employee. Such obligations will be negotiated between the Contractor and the Contract Manager to a mutually acceptable and fair arrangement.

2.3.4 Any garment deemed to be unsatisfactorily cleaned by the SPB Contract Manager will be reworked at no additional charge to the SPB.

2.3.5 A count will be provided weekly for all soiled garments picked up and for all cleaned garments delivered. Additionally, all garment repairs and replacements shall be documented by Contractor.

2.3.6 The Contractor will guarantee that, during the term of the contract, all new employee garments and replacement garments for existing employees will be delivered within ten (10) business days of order.

2.3.7 Upon contract award, for the purpose of security clearance, Contractor will provide the SPB with identification and contact information for the individual responsible for weekly laundry pick-up and drop-off. Identification and contact information shall also be provided for any other Contractor employees who will be involved in the pick-up and drop-off process.

2.3.8 Contractor will be responsible for all costs associated with having the uniforms available for wearing including: proper fit; SPB logo patch; weekly pickup of soiled uniforms; drop off of cleaned uniforms; no charge for size changes; no charge for repairs to garments; no charge for replacements of garments due to reasonable wear.

2.4 CONTRACT DURATION: This service shall be for a period beginning September 1, 2020 and shall expire August 31, 2021. The Contract may be renewed for one additional three (3) year period upon mutual agreement. No pricing changes will be allowed during the first term of the Contract. Any price increases for any subsequent period must be submitted to the SPB at least sixty (60) days prior to the end of the initial Contract term. Any Contract renewals shall be in writing and at the same terms and conditions, plus any approved changes.

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ATTACHMENT A 

Standard Purchase Order Terms and 

Conditions  

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STATE PRESERVATION BOARD Purchase Order Terms and Conditions

Effective 10/03/19

All goods/services must be listed on the Purchase Order (PO) form. If any changes to the scope of work are made, the Vendor must obtain a new or revised PO from the State Preservation Board (SPB). The SPB is only obligated to pay for the goods/services listed on the PO. By accepting the PO and providing goods and/or services to the SPB, the Vendor agrees to comply with the Standard Purchase Order Terms and Conditions (POTCs). In the event of any conflict or inconsistency between these POTCs and any other part of the PO, the terms of the POTCs shall prevail. The SPB disclaims any terms and conditions provided by the Vendor, unless agreed upon in writing by both parties. In the event of any conflict between these POTCs and any terms and conditions provided by Vendor, the terms and conditions provided herein shall prevail.

A. SHIPMENT AND DELIVERY (if applicable) 1. TITLE AND RISK OF LOSS. Title and risk of loss of goods shall not pass to SPB until SPB actually receives and takes possession of the goods at the place of delivery. 2. TRANSPORTATION CHARGES. F.O.B. Destination. Freight Prepaid and Allowed unless delivery terms are specified otherwise. If quoted delivery terms do not include transportation

costs, SPB shall reimburse Vendor for transportation costs in the amount specified in Vendor 's quote or bid, or actual costs, whichever is lower. If transportation costs are based on actual costs, a copy of the freight bill showing actual charges for the shipment must be attached to the invoice. SPB shall have the right to designate what method of transportation shall be used to ship the goods.

3. PLACE OF DELIVERY. The place of delivery shall be that set forth in the block of the purchase order or purchase release entitled "Ship To". Any change shall be effected by addendum/amendment/purchase order change notice (POCN)/modification. The terms of this contract are "no arrival, no sale".

4. TIME OF DELIVERY. Delivery shall be made during SPB normal working hours only, unless prior written approval has been obtained from SPB. 5. INSPECTION AND TESTS. The SPB has the right of inspection and approval and may reject and return goods or require re‐performance of services at Vendor’s expense if defective or not

in compliance with SPB’s specifications. Defects will not be deemed waived by SPB’s failure to notify Vendor upon receipt of goods or completion of services or by payment of invoice. Tests may be performed on samples submitted with the bid or quote, if requested, or on samples taken from regular shipment. All costs shall be borne by the Vendor in the event goods fail to meet or exceed all conditions and requirements. Goods delivered and rejected in whole or in part may, at SPB's option, be returned to the Vendor or held for disposition at Vendor's expense. Latent defects may result in revocation of acceptance.

6. NEW AND UNUSED. Unless otherwise specified, all goods will be new and unused and of current production. 7. LATE DELIVERY. If delay is foreseen, Vendor shall give written notice to SPB. Vendor must keep SPB advised at all times of status of order. Default on promised delivery (without

accepted reasons) or failure to meet specifications authorizes SPB to purchase goods or services elsewhere and charge full increase, if any, in cost and handling to defaulting Vendor.

B. PAYMENT 1. TAXES. The SPB is exempt from most sales, excise and use taxes. SPB shall furnish tax‐exemption certificates upon request. Vendor shall not collect or pay taxes for which

exemption certificates have been furnished. 2. PRICE INCREASE. If prices are higher than specified in the purchase order, the prices must be approved by SPB in writing prior to shipment of goods or delivery of services. No invoice

will be paid in excess of the net amount of the purchase order. 3. WITHHOLDING/RECOUPMENT OF PAYMENTS: SPB may withhold or recoup payments due or paid under this Purchase Order, in whole or in part, in the event of Vendor 's

noncompliance with any term or provision of this Purchase Order, any Federal or state law or regulation, or any SPB rules or standards, including but not limited to requirements specifically stated in this Purchase Order, relating to Vendor 's performance under this Purchase Order.

4. STATE DEBT OR DELINQUENT TAXES: The Comptroller is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State. Vendor agrees that, to the extent Vendor owes a debt or delinquent taxes to the State of Texas, any payments or other amounts Vendor is otherwise owed under this PO shall be applied toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Vendor agrees to comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

5. Vendor must comply with all rules, regulations and statutes relating to purchasing in the State of Texas. 6. All encumbrances, accounts payable and expenditures shall occur on or between the beginning and ending dates of this document. All goods must have been received and all services

rendered during the contract period in order for Contractor to be paid for goods or services delivered under this contract. In no manner shall encumbrances be considered or reflected as accounts payable or as expenditures.

C. WARRANTIES 1. In addition to all warranties established by law, Vendor hereby represents, warrants, and agrees that all goods and services covered by this PO will be new, merchantable, fit for the

purpose intended, of best quality and workmanship, free from material defects in design, material, and workmanship, and will substantially conform to any specifications, drawings, samples, or other descriptions furnished or adopted by the SPB, and/or to any samples furnished by Vendor. Services are warranted by Vendor to be performed in a professional and workmanlike manner in substantial compliance with applicable specifications.

2. Manufacturer’s standard warranty shall apply unless otherwise stated in the solicitation. 3. All goods delivered or services provided pursuant to this PO will conform to standards established for such goods and services by all applicable laws. 4. Vendor warrants that the title to all material, supplies and equipment furnished is free of liens and encumbrances.

D. GENERAL

1. Independent Contractor: For the purposes of the PO, the Vendor shall serve as an independent contractor and is not to be considered an employee of the SPB or the State of Texas. Vendor shall have no authority to act for or on behalf of the SPB or the State of Texas except as expressly provided for in this PO; no other authority power or use is granted or implied.

2. Choice of Law/Jurisdiction: The PO shall be governed by and construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws. Any legal actions must be filed in Travis County, Texas.

3. Dispute Resolution: Any dispute arising under the PO is subject to Texas Government Code, Chapter 2260, and use of the dispute resolution process provided for in that chapter is required by law.

4. Indemnification: THE VENDOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SPB, THE STATE OF TEXAS, ALL OF ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF THE VENDOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF THE VENDOR IN THE EXECUTION OR PERFORMANCE OF THE PO. VENDOR SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY SPB.

5. No Waiver of Sovereign Immunity: Nothing in this PO shall be construed as a waiver of the SPB’s or the State’s sovereign immunity. The failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or immunities available to the SPB under this PO 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. The SPB does not waive any privileges, rights, defenses, remedies, or immunities available to the SPB as an agency of the State of Texas, or otherwise available to the SPB, by entering into this PO or by its conduct prior to or subsequent to entering into this PO.

6. Limited Liability: The SPB will not be liable for any incidental, indirect, special, or consequential damages under contract, tort (including negligence), or other legal theory. The SPB's liability to Vendor under the PO will not exceed the total charges to be paid by the SPB to Vendor under the PO.

7. Damage to Grounds and Buildings: Vendor shall be financially responsible for any and all damage done by its employees, agents and subcontractors to the SPB grounds and buildings. Vendor is responsible for the removal of all debris resulting from work performed under the PO.

8. DPS: Vendor will comply with Department of Public Safety (DPS) security provisions at all times, including the prohibition on bringing firearms or other weapons on state grounds or in state buildings. 37 TEX. ADMIN. CODE § 3.146. Persons, equipment, and vehicles may be subject to search by DPS to ensure public safety. Vendors will cooperate with DPS officers carrying out their official duties.

9. Patents and Copyrights; intellectual property rights ownership: Vendor shall indemnify, save and hold harmless the SPB and the State of Texas from and against claims of patent, trademark, copyright, trade secret or other proprietary rights violations or infringements arising from the SPB’s or Vendor’s use of or acquisition of any services or other items provided to the SPB by Vendor or otherwise to which the SPB has access as a result of Vendor’s performance under this PO. Vendor represents that it has determined what licenses, patents and permits are required under this PO and has acquired all such licenses, patents and permits. Vendor agrees that for the exclusive use by SPB for State business, SPB is free to reproduce

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without royalty, all manuals, publications, maintenance programs, diagnostics and documentation pertaining to any product developed as a result of the PO.

10. Work Made for Hire: For the purposes of this PO, the term “Work” is defined as all deliverables, reports, statistical analyses, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts, research, materials, intellectual property or other property developed, produced, or generated in connection with this PO. All work performed pursuant to this PO is made the exclusive property of SPB. All right, title and interest in and to said property shall vest in SPB upon creation and shall b deemed to be a work for hire and made in the course of the services rendered pursuant to this PO. To the extent that title to any such work may not, by operation of law, vest in SPB, or such work may not be considered a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to SPB. SPB shall have the right to obtain and to hold in its name any and all patents, copyrights, registrations or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Vendor must give SPB and/or the State of Texas, as well as any person designated by SPB and/or the State of Texas, all assistance required to perfect the rights defined herein without any charge or expense beyond those amounts payable to Vendor for the services rendered under this PO. Vendor agrees to not assert any moral rights under applicable copyright law with regard to such work products and deliverables. In the event that the PO is terminated for any reason, or upon its expiration, the SPB shall retain ownership of all associated work products and documentation obtained from the Vendor under the PO.

11. Vendor Responsibilities: Vendor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of this PO, including, if applicable, workers compensation laws, compensation statutes and regulations, and licensing laws and regulations. When required, Vendor shall furnish the SPB with satisfactory proof of its compliance. Vendor shall indemnify the SPB and the State of Texas and shall pay all costs, penalties, or losses resulting from the Vendor's omission or breach of this Section.

12. Termination for Convenience: SPB may, at its option and sole discretion, terminate the PO, in whole or in part, at any time, for any reason whatsoever, by giving a written notice to the Vendor at least thirty (30) days prior to the effective date of termination. Such notice may be provided by facsimile or certified mail return receipt requested and is effective upon Vendor’s receipt. In the event of such termination, the Vendor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. The SPB shall be liable for payments limited only to the portion of work authorized by the SPB in writing and completed prior to the effective date of cancellation, provided that the SPB shall not be liable for any work performed that is not acceptable to the SPB and/or does not meet PO requirements.

13. Termination for Default: SPB may terminate the PO immediately for default by providing written notice to Vendor of such termination if Vendor fails to execute the work properly, performs the work in an unsatisfactory manner, or fails to perform any provision of the PO. In the event of termination for default, SPB shall have all remedies against Vendor as provided by law.

14. Rights upon Termination or Expiration: In the event that the PO is terminated for any reason, or upon its expiration, the SPB shall retain ownership of all associated work products and documentation obtained from the Vendor under the PO.

15. Survival of Terms: Termination of the PO for any reason shall not release the Vendor from any liability or obligation set forth in the PO that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding confidentiality, indemnification, transition, records, audit, property rights, dispute resolution, and invoice and fees verification.

16. Force Majeure: Neither party shall be liable for any failure or delay in performing its contract obligations if such failure or delay is due to any cause beyond the reasonable control of such party, including, but not limited to, acts of God, war, fires, explosions, hurricanes, or floods, provided that said party has taken reasonable measures to notify the other, in writing, of the delay.

17. Non‐Appropriation: The PO is contingent upon the continued availability of state and/or federal funding. If funds become unavailable through lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidations, lack of federal grants, or any other disruptions of current appropriations, the SPB may terminate or cancel the PO, without penalty, either in whole or in part. SPB will not be liable to Vendor for any damages which are caused by or associated with such termination or cancellation.

18. Assignment: Vendor shall not assign the whole or any part of the PO without SPB's prior written consent. 19. Notice of Administrative Changes: Vendor shall provide written notification of administrative changes, including changes to company name, address, telephone number, and billing

instructions, to SPB as soon as possible, but not later than thirty (30) days from the date of the change. 20. Substitutions: Substitutions are not permitted without the written approval of SPB. 21. Public Information: Information, documents, and other materials related to the PO may be subject to public disclosure pursuant to Texas Government Code, Chapter 552 (the "Public

Information Act"). Any information that Vendor considers confidential or proprietary must be clearly and prominently marked as such by Vendor in order to trigger the process of seeking an Attorney General opinion on the release of such information. Merely making a blanket claim that the information is excepted from disclosure because it contains some proprietary information is not acceptable, and shall make the all information subject to release under the PIA.

22. Public Disclosure: No public disclosures or news releases pertaining to the PO shall be made without prior written approval of SPB. Vendor is prohibited from using PO information such as sales values, volumes, or the State of Texas or the SPB as customers or any information that could be construed as an endorsement by SPB of Vendor in sales brochures or other promotions or advertisements, including press releases, unless prior written approval is obtained from SPB.

23. Confidentiality: Vendor agrees to maintain the confidentiality of any information received from the SPB during the performance of this PO. 24. Antitrust: Vendor certifies that the business entity named on the PO has not violated the antitrust laws of the State of Texas or of the United States and has not communicated its bid for

this PO directly or indirectly to any competitor or any other person engaged in such line of business. Vendor hereby assigns to SPB any and all claims for overages associated with the PO which arise under the antitrust laws of the State of Texas or of the United States.

25. Felony Criminal Convictions: Vendor represents and warrants that Vendor has not and Vendor 's employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Vendor has fully advised the SPB as to the facts and circumstances surrounding the conviction. Vendor shall not allow any employee convicted of a felony criminal offense to perform tasks related to the contract without such disclosure and express permission from SPB.

26. Affirmation Clauses: Vendor shall promptly notify the SPB in the event that any representations and warranties provided in this PO are no longer true and correct. Further, Vendor warrants and represents that all of its statements and representations made to the SPB prior to being awarded the PO, and those made during the negotiation of this PO, are material, true and correct.

A. Vendor represents and warrants that Vendor has no actual or potential conflicts of interest in providing services to the State of Texas under this PO and that Vendor's provision of services under this PO would not reasonably create an appearance of impropriety.

B. Vendor certifies that the individual or business entity named in the PO is in compliance with Texas Government Code, Section 669.003 and does not employ any person who was the Executive Head of a state agency in the past four years.

C. Vendor certifies that the individual or business entity name(s) in the PO is in compliance with Texas Government Code, Section 2155.004, relating to financial interest. The Vendor certifies that the individual or business entity named in the PO is not ineligible to receive the specified PO and acknowledges that the PO may be terminated and payment withheld if this certification is inaccurate. Section 2155.004 prohibits a person or entity from receiving a state contract if that person or entity received compensation for participating in preparing the solicitations or specifications for the Contract.

D. Pursuant to Texas Family Code, Section 231.006 (relating to child support), Vendor certifies that the individual or business entity named in the PO is not ineligible to receive the specified payment and acknowledges that the PO may be terminated and payment withheld if this certification is inaccurate.

E. Vendor agrees that any payments due under the PO will be applied toward any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

F. Contractor 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.

G. Vendor represents and warrants that neither Vendor nor any person or entity that will participate financially in this PO has received compensation from the SPB or any agency of the State of Texas for participation in preparation of specifications for this PO.

H. Vendor represents and warrants that the SPB's payments to Vendor and Contractor‘s receipt of appropriated or other funds under any of this or any resulting agreement are not prohibited by Government Code §556.005 or §556.008.

I. Vendor affirms that Vendor 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 PO.

J. As required by Texas law, Vendor affirms that it (i)does not boycott Israel and (ii) will not boycott Israel during the term of the PO. K. Contractor 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. 27. Buy Texas: In accordance with Texas Government Code, Section 2155.4441, the State of Texas requires that during the performance of a PO for services, Vendor shall purchase

products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state.

28. Prior Disaster Relief Contract Violation: Under Sections §2155.006 and §2261.053 of the Texas Government Code, the Contractor certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract and acknowledges that his contract may be terminated and payment withheld if this certification is inaccurate.

29. Taxes: Vendor represents and warrants that it shall pay all taxes resulting from the PO including but not limited to any federal, state or local income, sales, or excise taxes of Vendor or its employees. The SPB shall not be liable for any such taxes resulting from this PO.

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30. Right to Audit: Vendor understands that acceptance of funds under the PO acts as acceptance of the authority of the State Auditor’s Office, SPB, or any successor agency, to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all requested records. Vendor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Vendor and the requirement to cooperate is included in any subcontract it awards.

31. Records Retention: Vendor must retain all invoices, records and other documents pertinent to this PO until four (4) years following the expiration or termination of this PO, until any audits in progress are completed, or until any lawsuits relating to this PO are resolved, whichever is later.

32. Severability: If any provision of this PO is construed to be illegal or invalid, such construction will not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed severable and stricken from the PO as if it had never been incorporated herein, but all other provisions will continue in full force and effect.

33. Entire Agreement: This PO supersedes all prior agreements, written or oral, between Vendor and the SPB and will constitute the entire agreement and understanding between the parties with respect to the subject matter hereof. This PO and each of its provisions will be binding upon the parties and may not be waived, modified, amended, or altered except in writing, signed by the Executive Director of the SPB and the Vendor. Waiver of a provision in one instance shall not preclude enforcement thereof on future occasions.

34. Non‐Waiver of Rights: Failure of a party to require performance by another party under this PO will not affect the right of such party to require performance in the future. No delay, failure, or waiver of either party’s exercise or partial exercise of any right or remedy under this PO shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a party of any breach of any term of this PO will not be construed as a waiver of any continuing or succeeding breach.

35. Immigration: Vendor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verifications forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the PO and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) enacted on September 30, 1996.

36. Equal Opportunity: Vendor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the performance of this PO.

37. DTPA: Vendor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practice in any administrative hearing or court suit and that Vendor has not been found to be liable for such practices in such proceedings. Vendor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

38. No Travel: SPB will not reimburse a vendor for travel and expenses unless specifically provided for in the contract documents. In that event, such reimbursement will not exceed the state travel reimbursement rates and limits established by the then current General Appropriations Act.

39. Technology Access Clause: (1) Effective September 1, 2006 state agencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 206 and 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. (2) Vendor shall provide SPB with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). Vendors not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide SPB with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at http://www.section508.gov/.

40. Executive Order RP‐80‐ U.S. Department of Homeland Security’s E‐Verify System: By entering into this PO, the Vendor certifies and ensures that it utilizes and will continue to utilize, for the term of this PO, the U.S. Department of Homeland Security’s E‐Verify system, according to the rules promulgated by the U.S. Department of Homeland Security, to determine the eligibility of: 1. All persons employed to perform duties within Texas, during the term of the PO; and 2. All persons (including subcontractors) assigned by the Vendor to perform work pursuant to the PO, within the United States of America. This provision applies to any employees

hired by Vendor or its subcontractors between the start of the contract or PO and its conclusion. The Vendor shall provide, upon request of the SPB, an electronic or hardcopy screenshot of the confirmation or tentative non‐confirmation screen containing the E‐Verify case verification number for attachment to the Form I‐9 for the three most recent hires that match the criteria above, by the Vendor, and Vendor’s subcontractors, as proof that this provision is being followed. If this certification is falsely made, the PO may be immediately terminated, at the discretion of the state and at no fault to the state, with no prior notification. The Vendor shall also be responsible for the costs of any re‐solicitation that the state must undertake to replace the terminated PO.

41. Insurance (Required if services take place on SPB property): The Vendor shall procure and maintain, in full force at all times, at his expense for the duration of the project and any extensions thereof, insurance in the following types and amounts. The Vendor shall furnish original Certificates of Insurance before work commences. A. Workers Compensation: Minimum coverage for employer liability as determined by the Texas Department of Insurance. B. Comprehensive General Liability Insurance: Minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence and a $2,000,000 general aggregate. C. Automobile Liability Insurance for all owned, non‐owned, and hired vehicles: Minimum combined single limit for bodily injury and property damage of $1,000,000 per

occurrence. If the insurance policies are not written for the amounts specified above, the Vendor shall carry Umbrella or Excess Liability Insurance for any differences in the amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. The Vendor shall be responsible for any deductible amounts stated in the policies. Required provisions: The Vendor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state the following required provisions: 1) Name the SPB and its officers, employees and elected representatives as additional insureds to all applicable coverages; 2) State that coverage shall not be canceled, non‐renewed or materially changed except after 30 days written notice by certified mail; 3) Waive subrogation against the SPB, its officers and employees, for bodily injury (including death), property damage or any other loss; 4) Provide that the Vendor 's insurance is primary insurance as respects the SPB, its officers, employees and elected representatives.

42. Human Trafficking: Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this contract or response is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.

43. Suspension and Disbarment: Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAM) maintained by the General Services Administration.

44. Cybersecurity training: If Contractor will have access to state computer system or data base, Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training process.

45. Disaster Recovery Plan: In accordance with 13 TAC 6.94(a)(9), any vendor who is a custodian of vital state records, shall provide SPB the descriptions of its business continuity and disaster recovery plan.

46. Former Agency Employee, Consulting contracts only: (A)Contractor certifies that it does not employ an individual who has been employed by SPB or another state agency at any time during the 2 years preceding the contract or in the alternative, has disclosed to SPB the following:

1) the nature of the previous employment with SPB or other agency 2) the date the employment was terminated and 3)the annual rate of compensation for the employment at the time of its termination. 47. Former Agency Employee, Professional Services or Consulting: Contractor represents and warrants that none of its employees including, but not limited to, those authorized to

provide services under the contract, were former employees of SPB during the twelve(12) months period immediately prior to the date of execution of the contract. 48. Vendor will hold any subcontractors to these terms and conditions required for contracting with the state.

Invoicing Instructions: To receive payment, Vendor must submit an invoice to SPB. The invoice must include the following: 1. Vendor’s name and mailing address; 2. Name and telephone number of a person designated by Vendor to answer questions regarding the invoice; 3. SPB PO Number; 4. Valid Texas Identification number (TIN) issued by the Comptroller of Public Accounts; 5. Description of each item for the goods/services listed on the PO in sufficient detail to identify the order that relates to the invoice; and 6. Shipment date of goods listed on the PO or dates of services covered by the invoice.

SPB will incur no penalty for late payment if payment is made in 30 or fewer days from the later of receipt of goods/services or an uncontested invoice. REV 10/19

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ATTACHMENT B CONTRACTOR'S PROPOSAL FORM

Note: This attachment must be signed and returned with the respondent's proposal. Proposals that do not include this exhibit will not be considered. Proposals shall be void if false statements are contained in this exhibit. Respondent (firm name): ________________________________________________________________________ Contact Person/Title: _________________________________________________________________________ Street/City/State/Zip: ___________________________________________________________________________ Telephone #: ____________________________Email Address: __________________________________________ Texas Identification Number (TIN) or Federal Employer Identification Number:______________________________

Project Number: 809-21-0005 Project Title: Uniform Rental and Laundry Services

Having carefully examined the RFP for the referenced project, we hereby propose to furnish all labor, materials, equipment, coordination and supervisory activities necessary to complete the work described in this RFP for the following amount:

Weekly Rental & Laundry Cost Per Garment

Men's Women's

Short Sleeve/Long Sleeve Work Shirt: $ $

Wrinkle-Free Short Sleeve/Long Sleeve Work Shirt: $ $

Polo Work Shirt: $ $

Work Pants: $ $

Cargo Work Pants: $ $

Flame Resistant Work Pants: $ $

Flame Resistant Work Shirts: $ $

Coveralls: $ $

Jackets: $ $

Denim Pants: $ $

Specialty Uniform (if applicable): $ $

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By signature hereon, Respondent certifies that: All statements and information prepared and submitted in the response to this RFP are current, complete, and accurate. Failure to sign the Execution of Proposal or signing it with a false statement shall void the submitted offer or any resulting contracts. 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 response. Neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent or anyone acting for such firm, corporation, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP. When a Texas business address shown hereon that address is, in fact, the legal business address of Respondent and Respondent qualifies as a Texas Bidder under 34 TAC 20.32 (68). Under Texas Government Code §2155.004, no person who prepared the specifications or this RFP has any financial interest in Respondent's Offer. If Respondent is not eligible, then any contract resulting from this RFP shall be immediately terminated. Furthermore, "under Section 2155.004, Government Code, the 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 this contract may be terminated and payment withheld if this certification is inaccurate." Under Family Code §231.006, relating to child support obligations, Respondent and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate. Under Government Code §669.003, relating to contracting with an executive of a state agency, Respondent represents that no person who, in the past four years, served as an executive of the SPB or any other state agency, was involved with or has any interest in this Offer or any contract resulting from this RFP. If Respondent employs or has used the services of a former executive head of the SPB or other state agency, then Respondent shall provide the following information: Name of former executive, name of state agency, date of separation from state agency, position from Respondent, and date of employment with Respondent. Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas. The SPB is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS), http://www.epls.gov, which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.

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Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov. Under Section 2155.006 (b) of the Texas Government Code, a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified contract and acknowledges that nay contract resulting from this RFP may be terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2262.003 of the Texas Government Code, the state auditor may conduct an audit or investigation of the Respondent or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the Respondent or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the 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. Respondent will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards. Respondent affirms that the execution of an agreement between Respondent and the State Preservation Board will not create a conflict of interest or cause an appearance of a conflict of interest. In its Proposal/Qualifications, Respondent must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to Respondent's (and its proposed subcontractors') submission of a Proposal/Qualifications and possible selection as Contractor or its performance of the Contract. If the circumstances certified by Respondent change or additional information is obtained subsequent to submission of Proposal/Qualifications, by submitting a response Respondent agrees that it is under a continuing duty to supplement its response under this provision, and Respondent shall submit updated information as soon as reasonably possible upon learning of any change to Respondent's affirmation. Respondent certifies that it has not employed and will not employ a former State Preservation Board employee who participated in a procurement or contract negotiation for the State Preservation Board involving Respondent within two years after the employee left state agency employment. This certification only applies to former state employees whose state employment ceased on or after September 1, 2015.

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Respondent represents and warrants that the individual signing this Proposal Form is authorized to sign this document on behalf of Respondent and to bind Respondent under any contract resulting from this Offer. RESPECTFULLY SUBMITTED: Authorized Signature : ___________________________________________________________ Name (typed/printed): ___________________________________________________________ Title: __________________________________________________________________________ Date: __________________________________________________________________________

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ATTACHMENT C LOGOS FOR SHIRT PATCHES

TEXAS CAPITOL

TEXAS STATE HISTORY MUSEUM

TEXAS STATE CEMETERY

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Issue Date: July 14, 2020

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POSSIBLE ADDITIONAL PATCH FOR THE TEXAS STATE CEMETERY