Terms and Conditions of Bid

1. BID REQUIREMENTS:

	1.1	Submit bids on this form. Each bid shall be placed in a separate envelope and properly identified with Bid Invitation No. and Opening Date. Bids must be time -stamped at the University Purchasing Office, 3120 Sun Bowl Drive, El Paso, TX 79968 on or before opening date and time shown on other side of this form. Late bids will not be considered.
	1.2	Bids should be quoted F.O.B. Destination. If otherwise, bidder will show exact cost to deliver. Bid unit price on the quantity specified, extend and show total. In case of errors, unit prices shall govern. Bid prices will be considered firm for acceptance within 30 days after the bid opening date unless otherwise specified. 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	University is exempt from State Sales Tax and Federal Excise Tax. Do not include in bid. Tax Exemption Certificate furnished upon request.
	1.4	Bids must give full name and address of bidder.
	1.5	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.
	1.6	Telegraphic or facsimile responses to this Invitation must be on the Invitation Form. Telephone bids are not acceptable in response to this Invitation. CAUTION: University offers facsimile service as a convenience only. University shall not be responsible for bids received late, illegible, incomplete, or otherwise non responsive due to failure of electronic equipment or operator error. Confirmation of facsimile bids is not required.
	1.7	Bidder hereby assigns to University any and all claims for overcharges associated with any resulting contract arising under antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et seq. (1973) and the State of Texas, Tex. Bus. &. Comm. Code Ann. Sec. 15.01, et seq. (1967).
	1.8	The Vendor ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If the Vendor ID number is not known, enter bidder's Federal Employer's Identification Number, or Social Security Number if a sole owner. (Disclosure of SSN, if applicable, is mandatory pursuant to Section 231.005, Texas Family Code, and will be used in determining whether any person having 25% or greater ownership interest in the bidder company is more than 30 days delinquent in paying child support.)
	1.9	In case of tie bids, any award will be made pursuant to Texas Bldg.& Procurement Comm. Rule 1; T.A.C. Section 113.6 (b)(3)(8) (preferences).
	1.10	Bidder shall not assign any resulting contract or purchase order without prior written approval from the University Purchasing Office.

2. SPECIFICATIONS:

	2.1	Unless specifically stated otherwise, any catalog, brand name or manufacturer's reference used in this Invitation 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 Invitation, bidder will be required to furnish brand names, numbers, etc., as shown in the Invitation.
	2.2	All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in this Invitation. Verbal agreements to the contrary will not be recognized.
	2.3	Bidder warrants fault free performance in the processing of date and date related data (including, but not limited to, calculating, comparing and sequencing) by the product(s) identified on this Invitation. Fault free performance includes, but is not limited to, the manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years, and performance shall be transparent to the user.

3. DELIVERY:

	3.1	Bid should show the number of days required to delivery 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.
	3.2	The Texas Health and Safety Code, Chapter 502, Texas Hazard Communication Act, requires chemical manufacturers and distributors to provide Material Safety Data Sheets (MSDS's) for hazardous materials sold. Products covered by this Act must be accompanied by a 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. BIDDER AFFIRMATION: BY SIGNATURE HEREON,

4.1

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. Failure to sign the bid may, and signing it with a false statement shall, void the submitted bid or any resulting contract and bidder will be removed from all bid lists.

4.2

Bidder affirms that no kinship, relationship, or affiliation exists between owners, officers, administrators and employees of the bidder and the University which could be construed as a conflict of interest.

4.3

Bidder certifies that it is not currently delinquent in the payment of any franchise tax owed the State of Texas under Chapter 171, Texas Tax Code. Bidder acknowledges that making a false statement as to its corporate tax status is a material breach of any resulting contract.

4.4

Bidder certifies that neither the bidder nor any firm, corporation, partnership or institution represented by bidder, or anyone acting for any such entity has 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 communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

4.5

Bidder has not received compensation for participation in the preparation of the specifications for this Invitation to Bid.

4.6

Under Section 2155.004, Texas Government Code (re: collecting state and local sales and use taxes) bidder certifies that the individual or entity named in its bid is not ineligible to receive the specified contract, which may be terminated and/or payment withheld if certification is inaccurate.

4.7

Bidder agrees that any payments due under any resulting 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.

4.8

Bidder certifies, if awarded a contract, that bidder shall defend, indemnify, and hold harmless the State of Texas, the Board of Regents of The University of Texas System, The University of Texas at Austin, and all of their respective officers, agents and employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of bidder, or any agent, employee, subcontractor or supplier of bidder in the execution or performance of the contract.

4.9

Bidder certifies that it is in compliance with Section 669.003, Texas Government Code, relating to contracting with executive head of a State agency. If Section 669.003 applies, bidder will complete the following information in order for the bid to be evaluated:

Name of Former executive:	_________________________
Name of State agency:	_________________________
Date of separation from State agency:	_________________________
Position with bidder:	_________________________
Date of Employment with bidder:	_________________________

4.10

Bidder will comply with Section 2155.4441, Texas Government Code concerning service contract use of products produced in the State of Texas.

5. TEXAS RESIDENT 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 Resident Bidder, as defined in TBPC Rule 1 TAC 111.2. (LEGAL SOURCES: Texas Govt. Code, Sec. 2155.004; Texas Family Code, Sec. 231.006; TBPC Rule, 1 TAC 111.2.)

6. TECHNOLOGY ACCESS:

The Bidder expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the vendor represents and warrants to University that the technology provided to University for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

(1) providing equivalent access for effective use by both visual and non-visual means;
(2) presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and
(3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays and customizable display appearance.

7. GENERAL:

	7.1	Inquiries pertaining to this Invitation to Bid must identify the Bid Invitation No. and Opening Date.
	7.2	Invitation to Bid and any resulting contract or purchase order shall be governed by the laws of the State of Texas.
	7.3	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.

REVISED 11/04

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