Terms of Conditions of Bid

1. Bid Requirements:

1.1 Submit bids on this form. Each bid is to 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, 6900 North Loop 1604 West, San Antonio , Texas 78249 on or before opening date and time specified on the invitation form. Late bids will not be considered.

1.2 Quote F.O.B. Destination. If otherwise, show exact cost to deliver. Bid unit price on 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 unless otherwise specified. Cash discounts will not be considered in determining award; all cash discounts offered will be taken if earned. List and deduct trade, educational or other discounts, not based on early payment, from prices quoted.

1.3 The 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 The University reserves the right to accept or reject all or part of any bid, waive minor technicalities, and award bid to best serve the interest of The University.

1.6 Telegraphic/facsimile response to any bid invitation must be on the bid invitation form. Telephone bids are not acceptable in response to this

invitation to bid. CAUTION: The University offers facsimile service as a convenience only. The University shall not be responsible for bids being 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 purchaser any and all claims for overcharges associated with this contract which arise under the 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 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 purchase order without prior written approval of The University Purchasing Office.

2. Specifications:

2.1 Unless specifically stated, any catalog, brand name or manufacturer's reference used 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, 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 no exception is taken to the specifications shown, 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 bid 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 bid 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 shall be transparent to the user.

3. Delivery:

3.1 Bid should show number of days required to place material in designated location under normal conditions. Unrealistically short or long delivery promises may cause bid to be disregarded. Failure to state delivery time obligates the bidder to complete delivery in 14 calendar days.

3.2 The Texas Health and Safety Code, Chapter 502, Texas Hazard Communication Act, requires manufacturers and distributors to provide Material Safety Data Sheets (MSDS's) for hazardous materials sold. Products covered by the act must be accompanied by a MSDS and such products labeled in compliance with the law. If the product is not covered under the Act, a statement of exemption must be provided.

4. Bidder Affirmation: by signature hereon,

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

4.2 Bidder affirms that no 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 he is not currently delinquent in the payment of any franchise tax owed the State of Texas under Chapter 171, Tax Code. Making a false statement as to corporate tax status is a material breach of contract.

4.4 Bidder hereby certifies that neither the bidder nor the firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, Federal Antitrust Laws, nor 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 of the Texas Government Code (relating to the collection of state and local sales and use taxes) the bidder certifies that the individual or business entity named in the bid is not ineligible to receive the specified contract, which may be terminated and/or payment withheld if this certification is inaccurate.

4.7 Bidder 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 .

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

4.9 Bidder certifies that they are in compliance with section 669.003 of the Government Code, relating to contracting with executive head of a State agency. If section 669.003 applies, bidder will complete the following information in order for the bid to be evaluated:
Name of Former executive: _________________________________
Name of State agency: ____________________________________
Date of separation from State agency: ________________________
Position with bidder: ______________________________________
Date of Employment with bidder: ____________________________

4.10 Bidder agrees to comply with Government Code 2155.4441, pertaining to 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 address of the bidder, bidder qualifies as a Texas Resident Bidder as defined in TPASS Rule 1TAC 111.2. LEGAL SOURCES: Texas Government Code, Title 10, Subtitle D, Section 2155.004; Family Code, Section 231.006; TPASS Rule, 1TAC 111.2.

6. Access by Individuals with Disabilities:

Vendor represents and warrants (“EIR Accessibility Warranty”) that the electronic and information resources and all associated information, documentation, and support that it offers to provide to the University under this purchase order (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 vendor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then vendor 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 vendor is unable to do so, then the University may terminate this Agreement and vendor will refund to the University all amounts the University has paid under this purchase order within thirty (30) days after the termination date.

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.