IF NOT BIDDING by wuyunyi

VIEWS: 14 PAGES: 5

									                        IF NOT SUBMITTING AN
                         OFFER DO NOT RETURN    TEXAS GENERAL LAND
                                                                                             RESPONSE
                              THIS FORM
                                                      OFFICE
                                                                                             DATE/TIME:12/31/07
                                                                                             @ 10:00 A.M.
                                                    REQUEST FOR OFFER


                AGENCY TO INVOICE                               REQUEST FOR OFFER NUMBER: 81228-SG
       Texas General Land Office
             P.O. Box 12873                                           FAILURE TO SIGN WILL DISQUALIFY OFFER
          Austin, Texas 78711
                                                                ________________________________      ____________
   Attn: Accounts Payable, Room 952                                   Authorized Signature               Date
 DESTINATION OF GOODS IF DIFFERENT THAN ABOVE
Texas General Land Office                                       Each offer must be placed in a separate
1700 North Congress Avenue                                      envelope with Response Date/Time and Request
SFA Building, Room 970                                          for Offer number annotated immediately below
                                                                return address on SEALED ENVELOPE.
Austin, TX 78701-1495


DELIVERY IN _____ DAYS, CASH DISCOUNT ___%___DAYS
FAX NUMBER FOR OFFER ONLY: (512) 463-1795                        VENDOR ADDRESS AND FEDERAL I.D. NUMBER 

RETURN SEALED OFFER TO:
Texas General Land Office
P.O. Box 12873
Stephen F. Austin Bldg., Room 951 (78701)
Austin, Texas 78711-2873
Attn: Procurement




 ITEM                                                                                          UNIT
  NO.                         DESCRIPTION                  QUANTITY      UNIT   MAKE/MODEL    PRICE       EXTENSION
        Class 204   Item 64

        The Texas General Land Office is requesting
        offers for the following Qlogic Sanbox
        Network/Storage Equipment. If you are able to
        respond please do so by the date and time listed
        above.
 1.                                                               2       EA.
        SANbox 5602 full fabric switch with (16) 4Gb
        ports, (4) 10Gb stacking ports, (2) power
        supplies - SB5602-20A
 2.                                                               2       EA.
        Rack mount kit for SANbox 5000 series switch
        models (SAE mounting screws) - SB-RACKKIT
 3.                                                               5       EA.
        10Gb 3” (76mm) copper stacking cable with
        integrated XPAK connectors - XPAK-COPP-03
 4.                                                               8       EA.
        4Gb (4-pack) short-wave, 850nm SFP optics with
        LC connectors – SFP4-SW-JD4
 5.                                                               2       EA.
        3 Years, 7 days a week, 24 hours a day remote
        technical support, next business day on-site &
        spares response – Choice-3-SB5602Q
 6.                                                               1       LOT
        Delivery Charges
General Land Office/Veterans Land Board
Request for Offer # 81228-SG
Terms and Conditions: Items below apply to and become part of the contract
1.    TECHNOLOGY ACCESS CLAUSE:
      Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an Automated Information System (AIS) unless that system meets certain statutory
      requirements relating to accessibility by persons with visual impairments. Accordingly, the vendor represents and warrants to the General Land Office/Veterans Land Board (GLO/VLB) that the
      technology provided the GLO/VLB 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: (i)
      providing equivalent access for effective use by both visual and non-visual means; (ii) presenting information, including prompts used for interactive communications, in formats intended for non-
      visual use; and (iii) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

      For purposes of this section, 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 Federal 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.

      “Exemption Declaration: Pursuant to the provisions of the Texas Government Code, Chapter 2157.005(d) this requirement is for the purchase of a wireless communication device to be used by
      peace officers, firefighters, and other emergency response personnel to respond to a public safety emergency. The provisions of the Technology Access Clause do not apply.”

2.    DEFINITIONS:
      a) Best Value: The lowest overall cost of the AIS equipment, product, or service based upon, but not limited to the following factors: 1) purchase price 2) compatibility to facilitate exchange of
         existing data 3) capability for expansion and upgrading to more advanced levels of technology 4) quantitative reliability factors 5) level of training required to bring end-users to a stated level
         of proficiency 6) technical support requirements for maintenance of data across a network platform and management of the networks hardware and software, and 7) compliance with
         applicable Department of Information Resources (DIR) statewide standards validated by criteria adapted by the department by Texas Administrative Code (1 TAC 113.9).

      b) Request for Offer (RFO): The term used for the document used to solicit offers from vendors for classes of equipment, products, and services relating to the automation of information systems,
         including software or any device that serves as a component of an automated information system for inclusion in the Catalog purchasing procedure. The RFO establishes a method of
         negotiating prices, terms, and conditions with the vendor. It assumes that negotiation for “best value” will occur with the vendor.

3.    CANCELLATION:
      a) The resulting contract may be canceled immediately without consent of the vendor for failure to meet contractual obligations.

      b) The GLO/VLB will grant relief, as necessary, from performance of the contract if the vendor is prevented from compliance and performance by an act of war, order of legal authority, act of God,
         or other unavoidable cause not attributable to the fault or negligence of the vendor. The burden of proof for the need of such relief rests with the vendor. To obtain release based on Force
         Majeure, the vendor must provide the GLO/VLB with sufficient documentation to show that suitable merchandise or service is unobtainable from any source.

      c) The GLO/VLB reserves the right to cancel the resulting contract or any portion of a contract with any vendor that fails to perform in accordance with contract terms and conditions.

      d) The GLO/VLB may also cancel the resulting contract with or without cause by giving a 30-day written notice of cancellation. The GLO’s liability in the event of contract termination will be limited
         to payment of open invoices for satisfactorily performed services under the contract.

      e) Financial obligations of the state payable after each fiscal year are contingent upon funds being appropriated by the Texas Legislature, budgeted or otherwise made available. If funds are not
         appropriated or otherwise made available, any resulting contract shall be terminated without penalty upon the GLO/VLB giving written notice to the vendor.

4.    DISPUTE RESOLUTION:
      The dispute resolution process provided for in chapter 2260 of the Texas Government Code must be used by the GLO/VLB to attempt to resolve all disputes arising under this Contract.

5.    PAYMENT:
      Payment will be made to the vendor within 30 days after receipt of a properly prepared invoice or after services are completed and/or deliverables are received, whichever is later. Please note that
      according to the Texas Government Code, Section 403.055 (h), 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 the state of Texas.

      Invoices are to be submitted in duplicate to: the attention of the Accounts Payable Office, General Land Office, P.O. Box 12873, Austin, Texas 78711-2873.

6.    GOVERNING STATE:
      The resulting contract is governed by and construed in accordance with the laws of the state of Texas.

7.    TAXES:
      The GLO/VLB, as agencies of the state of Texas will not be liable for Local, State, or Federal Excise taxes (Texas Tax Code 151.309).

8.    RESPONSE FORMAT:
      a) The documentation provided with the response should be complete and comprehensive. The GLO/VLB will not be responsible for locating or securing information not included in the response.
         Failure to furnish documentation with the response may result in the response deemed as incomplete and non-responsive, resulting in disqualification of the vendor’s response.

      b) The vendor should respond with its best possible offer for the equipment and/or services requested in this RFO.

      c) The GLO/VLB will not be responsible for any vendor expenses relating to solicited offers or response development that may result from this procurement action.

      d) Unless stated otherwise, prices quoted shall not increase during the term of the purchase order or agreement. The vendor shall offer price reductions that result in reduced cost to the GLO
         during the term of the contract.

      e) The written response shall be considered the sole means of presenting prices, including any required permits, fees, etc. Requests for formal negotiations, additional meetings, information, etc.
         will be at the option of and by the initiative of the GLO/VLB.

9.    SUBMISSION OF THE RFO:
      a) The GLO/VLB reserves the right to reject any responses not prepared and submitted in accordance with the provisions, terms and conditions set forth herein.

      b) The attachments listed in the RFO are to be returned with the response. Failure to return the attachments with the response may result in disqualification of the response.

10.   INSURANCE:
      All insurance coverage, including workers compensation or self-insurance according to Chapter 406 of the Texas Labor Code, comprehensive general liability coverage, property damage liability
      coverage, etc. shall be the sole responsibility of the vendor.

11.   DELIVERY CHARGES:
      Unless stated otherwise, the vendor shall quote delivery charges to: General Land Office, Stephen F. Austin Building, Room 970, 1700 North Congress Avenue, Austin, 78701.

12.   ADDENDA:
      Should an addition or correction become necessary after a RFO is issued, an addendum relating the necessary information will be sent to all vendor's on record for the RFO as having had received
      a copy of the initial RFO. The vendor's are required to acknowledge the addendum by returning the addendum with the RFO or by physically noting the change or addition on the RFO.

      If applicable, any addenda issued will be posted on the Texas Marketplace (the electronic state business daily) website (http://www.marketplace.state.tx.us) under the initial posting. It is the
      responsibility of the vendor to check periodically for changes and/or addenda.
General Land Office/Veterans Land Board
Request for Offer # 81228-SG
Terms and Conditions: Items below apply to and become part of the contract

13.   ESTIMATED QUANTITIES:
      If quantities are estimated, the GLO/VLB does not guarantee the purchase of any minimum or maximum quantities during the term of the contract.

14.   ASSIGNMENT:
      If the contract is assigned, all contract requirements, provisions, terms and conditions shall be binding on the successor or assignee of the vendor.

15.   CONFIDENTIAL INFORMATION:
      The awarded vendor shall keep confidential all information concerning the business of the GLO/VLB, the makeup of its systems and methods of automation, its financial affairs, its relations with its
      citizens and its employees, as well as any other information which may be specifically categorized as classified by the GLO/VLB. All disclosures must have the express written permission of the
      GLO/VLB.

16.   OWNERSHIP:
      All products produced as a result of any resulting contract remain the sole property of the GLO/VLB. The vendor may not use or disseminate information obtained in the performance of this contract without
      the express written permission from the GLO/VLB.

17.   CONTRACT LIABILITY:
      Notwithstanding any other disclaimer, the vendor awarded this contract shall not be released from liability for any personal injury of any individual or physical damage to state property caused by
      the negligence of its employees or defects in its products or services.

18.   INDEPENDENT CONTRACTOR:
      The vendor shall perform and execute the provisions of this contract as an independent contractor to the GLO/VLB, i.e.; the vendor shall not be an agent or employee of the GLO/VLB.

19.   UNDERSTANDING:
      This contract contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior contracts and commitments with respect thereto. There are no
      oral understandings, terms or conditions and neither party has relied upon any representation, express or implied, not contained in this contract.

20.   WARRANTY:
      Unless stated otherwise, all products shall carry the manufacturer's standard warranty and shall be guaranteed against defects in materials, workmanship, and performance for a minimum of one (1) year
      (parts and labor included).

      The warranty shall begin on date of acceptance by the agency. During the warranty period, the vendor shall repair or replace defective components/units at no cost to the GLO/VLB.

21.   AFFIRMATIONS:

      Note: Signing this RFO with a false statement is a material breach of contract and shall void the submitted RFO or any resulting contracts, and the respondent shall be removed from all bid lists.
      By signature hereon affixed, the respondent certifies that:

      (i)      The 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 RFO;

      (ii)     Neither the respondent nor the firm, corporation, partnership, or institution represented by the respondent, or anyone acting for such firm, corporation or institution has violated the antitrust
               laws of this State or the Federal Antitrust Laws (see item 37 below), nor communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of
               business;

      (iii)    Pursuant to Section 2155.044, Government Code, the respondent has not received compensation for participation in the preparation of the specifications for this RFO.

      (iv)      Pursuant to Section 231.006 (d), Family Code, re: child support, the respondent certifies that the individual or business entity named in this RFO is not ineligible to receive the specified
               payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate;

      (v)      Under Section 2155.004, Government Code, the respondent certifies that the individual(s) or business entity named in this RFO 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;

      (vi)     The vendor 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 vendor or any agent, employee, subcontractor, or supplier of vendor in the execution or
               performance of this contract;

      (vii)     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.

      (viii)   Respondent 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,
               respondent will complete the following information in order for the offer to be evaluated:

               Name of former executive:____________________________________

               Name of state agency:_______________________________________

               Date of separation from state agency:___________________________

               Position with respondent:_____________________________________

               Date of employment with respondent:___________________________

      (ix)     Respondent agrees to comply with Government Code 2155.4441, pertaining to service contract use of products produced in the state of Texas.

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

      (xi)     The General Land Office (GLO) 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 (SND) list.

      (xii)    The respondent certifies that the bidding 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 bidder/respondent is in compliance with the state of Texas statutes and rules relating to procurement and that
               respondent/bidder is not listed on the federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at
               http://www.epls.gov.
General Land Office/Veterans Land Board
Request for Offer # 81228-SG
Terms and Conditions: Items below apply to and become part of the contract

22.   AWARD OF A CONTRACT:
      A response to a RFO is an offer to contract based upon the specifications, terms and conditions contained in the RFO. A RFO does not become a contract until it is accepted through a purchase
      order and/or contract via the GLO/VLB Procurement Office and or/Legal Office.

23.   PROVISIONS OF LABOR AND MATERIALS:
      The vendor shall provide all labor, materials, tools, supplies, equipment and personnel necessary to perform any services under this contract.

24.   AUTHORIZED SIGNATURE:
      The person signing the offer must have the authority to bind the vendor in a contract.

25.   FEDERAL FUNDS:
      Since the GLO/VLB may utilize federal funds and thus be subject to both federal and state regulations, all shall comply with the following Federal and State Contractual Requirements:

      a) Disclosure of Information: If any goods or services are purchased under this contract with federal grant funds, the state, the federal grantor agency, the Comptroller General of the United States, or
      any of their duly authorized representatives shall have access to any books, documents, papers and records of the awarded vendor which are directly pertinent to this specific grant program for the
      purpose of making audit, examination, excerpts, and transcriptions. All pertinent records will be maintained for five (5) years after final payment is made and all other pending matters closed.

      b) Security Information: The state may be in possession of confidential information and material which requires protection under applicable laws, rules and regulations, as well as policies and procedures
      of the state of Texas and the United States government. Confidential information and material obtained within or from the state may not be discussed, communicated, copied, extracted, or used in any
      manner by the awarded vendor or the awarded vendor's personnel. Magnetic media, program source code, program and system documentation or copies thereof shall not be permitted to be removed
      from state possession unless specifically authorized in writing by the state.

      If so released, the vendor and vendor's personnel shall comply with any stated terms of release and return of materials.

      NOTE: The awarded vendor agrees to ensure information about the state's clients will be kept confidential.

      c)     Applicability of the Texas Open Records Act: The state is a governmental agency under the Texas Open Records Act, TEX. Govt. Code Chapter 552.

      d)     Civil Rights: By this reference, the awarded vendor agrees to comply with the Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
             Act of 1990, and all amendments to each, and all requirements by the regulations issued pursuant to these Acts. In addition, the awarded vendor agrees to comply with Title 40, Chapter 73, of the
             Texas Administrative Code. These provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded
             from participation in, or denied, any aid, care, service or other benefits or religion be excluded from participation in, or denied, any aid, care, service or other benefits provided by federal or state
             funding, or otherwise be subjected to any discrimination.

      e)     Immigration Reform: By this reference, all requirements to comply with the Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for
             any individuals hired on or after November 6, 1986, who will perform any labor or services under this contract are incorporated in this RFO.

      f)     Patent or Copyright Infringement. The awarded vendor will defend, at its own expense, any action brought against the state of Texas to the extent that it is based on a claim that the items
             supplied by the awarded vendor, or the operation of such items pursuant to current release and modification level on any Texas programming aid, infringes a United States patent, copyright or
             other legal claim, and the awarded vendor will pay those damages finally awarded against the state of Texas in any such claim, but such defense and payments are conditioned on the following:

             That the awarded vendor shall be notified promptly in writing by the GLO/VLB.

             Should the equipment, or the operation thereof, become, or in the awarded vendor’s opinion be likely to become, the subject of a claim of infringement of a United State's patent, copyright or other
             legal claim, the state shall permit the awarded vendor at awarded vendor’s option and expense, to procure for the state the right to continue using the equipment, to replace or modify the same so
             that it becomes non-infringing, or to accept its return.

      g)      The awarded vendor agrees to indemnify, defend and hold harmless the state of Texas, its officers, agents and employees from any and all claims and losses occurring or resulting to any and all
             consultants, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the
             Contract, and from any and all claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the awarded vendor in the performance of the contract
             and against liability, including costs and expenses, for violation of proprietary rights, copyrights, or rights of privacy, arising out of publication, translation, reproduction, delivery, performance, use
             or disposition of any data furnished under the contract or based on any libelous or other unlawful matter considered in such information.

      h)     It is agreed upon and understood that the vendor is not an employee of the GLO/VLB. Any employees or agents utilized shall be agents or employees of the vendor. The GLO/VLB does not have
             any control, direction of dominion over the vendor or its agents and/or employees other than those set forth in this agreement. The vendor shall be responsible for providing and certifies that it can
             provide the necessary expertise and qualifications to perform the services needed hereunder and that the services shall be conducted in strict accordance with currently approved practices.

      i)     Texas Business and Commerce Code: All sections of the Texas Business and Commerce Code, which protect the buyers, are hereby incorporated by reference in this RFO.

26.   FAXING THE OFFER:
      Unless stated otherwise, the GLO/VLB will accept offers by facsimile; however the GLO/VLB will not be responsible for failure of electronic equipment or operator error.

27.   OSHA COMPLIANCE:
      All electrical items shall meet all applicable OSHA (Occupational Safety and Health Standards) standards and regulations, and shall bear the appropriate listing from UL, FMRC, or NEMA.

28.   SAMPLES:
      Samples when requested shall be furnished free of expense to the GLO/VLB.

29.   NEW PRODUCTS:
      Unless otherwise specified, all hardware, software, equipment, and supplies shall be furnished new and unused and of current production.

30.   FREIGHT CHARGES:
      The vendor is requested to quote freight as FOB Destination, freight prepaid and allowed, unless otherwise stated within the specifications.

31.   FIRM OFFERS:
      Unless stated otherwise, the offers given are requested to be firm for GLO/VLB acceptance for a minimum of 60 days after the response date and time.

32.   DELIVERY HOURS:
      Unless stated otherwise, delivery shall be made during normal working hour, 8:00a.m to 5:00p.m., Mondays – Friday, except mutual national holidays.

33.   UNIT PRICES:
      The vendor is requested to show unit prices per the units specified. Unit prices shall govern in the event of extension errors.

34.   OPENING OF OFFERS:
      Unless otherwise specified, the RFO will be opened at the General Land Office, Stephen F. Austin Building, Room 951, 1700 North Congress Avenue, Austin, TX at the requested response date and
      time.

35.   PATENTS OR COPYRIGHTS:
      The vendor agrees to protect the state of Texas from claims involving infringement of patents or copyrights.
General Land Office/Veterans Land Board
Request for Offer # 81228-SG
Terms and Conditions: Items below apply to and become part of the contract

36.   SAFETY:
      The vendor shall provide all proper safeguards in the performance of any services under this contract and shall assume all risks incurred in performing the services hereunder.

37.   VENDOR ASSIGNMENTS:
      The vendor hereby assigns to the GLO/VLB any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq.
      (1973), and the antitrust laws of the state of Texas, (TEX. Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967). Inquires pertaining to this RFO shall give the requisition number, codes, and
      opening date.

38.   PACKAGING AND LABELING:
      All items shipped must be properly labeled showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information usually used by the vendor.

39.   INSPECTION AND TESTS:
      All goods are subject to inspection and testing by the State. Tests may be performed on samples obtained by GLO/VLB request or taken from regular shipments. When products tested fail to meet
      or exceed all applicable specifications, the cost of the sample used and the cost of any testing shall be borne by the vendor. Goods which have been delivered and rejected in whole or in part may
      be, at the GLO/VLB option, returned to the vendor at vendor's risk and expense or disposed of in accordance with GLO/VLB rules or applicable statutes. The vendor may request that goods be held
      at vendor's risk for a reasonable period of time for later disposition at the vendor’s expense. Latent defects may result in revocation of acceptance of any product.

40.   LATE DELIVERY:
      If a delivery delay is foreseen, vendor shall give notice to the GLO/VLB. The GLO/VLB has the right to extend the delivery date if reasons appear valid. The vendor must keep the GLO/VLB advised
      at all times of the status of the order. If the vendor has orders in their possession which have not been completed within the specified delivery time, the GLO/VLB reserves the right to withhold
      issuance of further orders until all orders have been filled and acceptable assurance has been given that the event will not be repeated.

41.   DAMAGE ASSESSMENT:
      If a vendor is in default on an order, the GLO/VLB reserves the right to purchase the item in default elsewhere and charge the increase in price, if any, and cost of handling to the vendor. Failure to
      pay a damage assessment is cause for contract cancellation and/or suspension or removal of the vendor from the State's Centralized Master Bidders List (CMBL).

42.   SUBSTITUTIONS:
      All substitutions require prior written approval of the GLO/VLB. The GLO/VLB reserves the right to require the vendor to offer possible substitutes if any material or equipment becomes
      unobtainable during the term of the contract. Outstanding orders are not automatically amended by an approved substitution.

      The vendor must contact the GLO/VLB prior to shipment of the substituted goods.

43.   ALTERNATE OFFERS:
      Alternate or supplemental offers shall be submitted as a separate item and be identified by the vendor's name and signature and be cross-referenced to the applicable item in the RFO.

44.   ATTACHMENTS:
      Catalog Information Systems Vendors may include attachments to describe commodities or services being offered and/or to exhibit that products or services offered meet all written specifications;
      however, do not submit samples unless requested to do so. Each page of an attachment submitted with a RFO shall be identified by the RFO number and response date and time of opening. The
      name of the vendor submitting the attachment must also be prominently displayed on each page of the attachment. No terms or conditions recorded on any attachment will be considered binding
      unless specifically made a part of the RFO in writing.

      WARNING: Any added terms or conditions may result in disqualification of a offer, e.g., offers subject to laws of a state other than Texas, requirements for prepayment,
      limitations on remedies, etc.

45.   AMENDING/WITHDRAWING OFFER:
      An offer cannot be altered or amended after the opening date and time. Any alterations made before the opening date and time should be initialed by the vendor or the vendor's authorized agent
      identified in the RFO. No offer can be withdrawn after the opening date and time without approval of the GLO/VLB. All approvals shall be based upon an acceptable written reason for the action.

46.   SUBCONTRACTING PROGRAM (HUB’S) – GOOD FAITH EFFORT:
      State agencies are required to make a good faith effort to assist Historically Underutilized Businesses (Hub’s) in receiving contract awards issued by the state, see Tex. Gov't. Code Ann. Title 10,
      Subtitle D, Chapter 2161 (formerly Tex. Rev. Civ. Stat. Ann. Art. 601b). The goal of this program is to promote fair and competitive business opportunities for all businesses contracting with the
      state of Texas.

      A list of all TBPC certified Hub’s may be electronically accessed through the Internet. The TBPC information server is available through the Internet based World-Wide-Web. Although there are
      alternatives to connect to this data, the preferred method is through the Internet using a Web Browser (like Netscape, Mosaic, etc.). Using a Web Browser, please connect to
      http://www.tbpc.state.tx.us (this is the home page for the TBPC).

47.   MATERIAL SAFETY DATA SHEETS:
      A vendor shall provide, at no cost, at least one copy of any applicable Manufacturer's Material Safety Data Sheet.

48.   DISCOUNT-FROM-LIST CONTRACT:
      This type of contract provides for discount from the vendor’s standard current published price list, which should accompany the RFO.

48.   PUBLIC INFORMATION ACT:
      Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government
      Code (the “Public Information Act”).

49.   Provider understands that the GLO does not tolerate any type of fraud. The agency’s policy is to prompt consistent, legal, and ethical organizational behavior by assigning responsibilities and
      providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Providers are expected to
      report any possible fraudulent or dishonest acts, waste, or abuse to the agency’s Internal Audit Director at 512.463.5338 or Helen.young@glo.state.tx.us

								
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