Texas Department of Criminal Justice Response Cover Page

This form requests basic information about the respondent and project and must be completed in its entirety, including the signature of the authorized representative.

IFB (Invitation for Bid) SOLICITATION INFORMATION TGC 2155 General Rules and Procédures Subchapter A General Provisions

1) Solicitation Number:

696-7-IW252077

2) Issue Date: 3) Deadline:

August 14, 2026 August 28, 2026

4) Points of

Contact:

Zachary Walker, CTCD

(936) 437-3831 Zachary.walker@tdcj.texas.gov

(reference Section G.2.1) Libby Moore, CTCD, (936) 437-3828 Libby.moore@tdcj.texas.gov

5) Type of Solicitation:

IFB-Invitation for Bid

6) Solicitation Description

The TDCJ is seeking bids to establish a blanket purchase order (BPO) for the Rental of two 35 Yard Compactors to include Collection, Transportation, and Disposal of Solid Waste from the Coffield Unit in Tennessee Colony, TX. The term of this BPO is from September 1, 2026-August 31, 2027 with the option to renew for four additional one-year options.

RESPONSE SUBMITTAL

7) Receiving

Office:

TDCJ Contracts & Procurement, Branch 1125 2 Financial Plaza, Suite 703, Huntsville, TX 77340

*All packages must be labeled with the solicitation number and Contract Developers’ names. Reference Section L.7 for complete submittal instructions.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include street, city, county, state and 9-digit zip code):

10) Payee Name and Mailing Address, including 9-digit zip code (if different from above) (remittance address if not electing Direct Deposit):

11) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

12) Type of Entity (check all that apply):

Corporation (incorporated under the laws of the State of _____________)

Partnership Individual Non-Profit Organization* Joint Venture *If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint venture Non-Profit Organization Corporation (registered for business in _________________ (country)

13) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

14) Amendments: Signed and submitted by the Respondent with Bid via Euna Procurement prior to the deadline.

RESPONDENT AUTHORITY AND SIGNATURE

15) Respondent Point of Contact Name:

Title: ___________________________

Email address: ___________________________________________ Telephone #: _____________________

16) Respondent Authorized Signature:

IW252077

SUMMARY OF KEY DATES FOR BID SUBMISSION

August, 14, 2026 Post to ESBD

August, 19, 2026 3:00 PM Deadline for Written Questions for Clarification to the Department

August, 21, 2026 5:00 PM Deadline for Responses to Respondents Questions by the Department (Estimated)

August, 28, 2026 3:00 PM Deadline for Receipt of Responses in Huntsville Late responses will not be accepted.

September 01, 2026 Service Commencement Date

All times are central time (CT)

TABLE OF CONTENTS

PAGE

SUMMARY OF KEY DATES FOR BID SUBMISSION

TABLE OF CONTENTS

SECTION A - CONTRACT DEFINITIONS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

BID SCHEDULE

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 GENERAL DUTIES AND OBLIGATIONS

C.3 TECHNICAL SPECIFICATIONS REQUIREMENT

C.3.1 WARRANTY TERMS

C.3.2 MANUAL TERMS

C.3.3 TECHNICAL SPECIFICATION TERMS

C.3.4 CONDITION OF MATERIALS OFFERED

SECTION D – REQUIRED REPORTS AND CONDITIONS PRECEDENT TO AWARD

D.1 REPORTS REQUIRED FROM CONTRACTOR

D.2 CONDITIONS PRECEDENT TO AWARD

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE OF SERVICES

E.2 INSPECTION BY STATE EMPLOYEES

E.3 AUTHORITY TO AUDIT

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE OR ABUSE

SECTION F - DELIVERIES AND FREIGHT

F.1 DELIVERY ADDRESS

F.2 DELIVERY/FREIGHT EXPECTATIONS

F.2.1 SHIPPING INSTRUCTIONS

F.3 PERIOD OF PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, PURCHASER, AND CONTRACT

SPECIALIST

G.2.1 Purchaser / Contract Specialist

G.3 INVOICE INSTRUCTIONS / REQUIREMENTS

G.3.1 INVOICE INSTRUCTIONS

G.3.2 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Late Payment G.4.2 Withholding of Payment G.4.3 Right to Offset

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.2 SUBCONTRACTORS

H.2.1 Insurance H.2.2 Historically Underutilized Business (HUB)

H.3 MINIMUM QUALIFICATIONS

H.4 BOOKS AND RECORDS

H.5 ORGANIZATIONAL AND NAME CHANGE

H.6 FREE EXERCISE OF RELIGION

H.7 SECURITY

H.7.1 TDCJ UNIT RULES AND REGULATIONS

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Vendor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement

I.2.6 TERMINATION FOR UNAVAILABILITY OF FUNDS

I.2.7 Termination Procedures I.2.8 Default by the Department I.2.9 Remedy of the Vendor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKER’S COMPENSATION/UNEMPLOYMENT INSURANCE – INCLUDING

INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 OPTION TO EXTEND THE TERM OF THE CONTRACT

I.13 SEVERABILITY

I.14 IMMIGRATION

I.15 NO LIABILITY UPON TERMINATION

I.16 LIMITATION ON AUTHORITY

I.17 INTELLECTUAL PROPERTY INDEMNIFICATION

I.18 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER 213

I.20 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP)

I.21 FORCE MAJEURE

I.22 NOTICES

I.23 SUBSTITUTIONS

SECTION J – LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition K.1.2 Representation

K.2 FRANCHISE TAX REPRESENTATION

K.3 TYPE OF BUSINESS ORGANIZATION

K.4 REPRESENTATIONS OF RESPONDENT

K.4.1 Organization and Qualification K.4.2 Authorization K.4.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.4.4 No Defaults under Agreements K.4.5 Compliance with Laws K.4.6 No Litigation K.4.7 Taxes K.4.8 No Adverse Change K.4.9 Disclosure K.4.10 Disclosure of Interested Parties K.4.11Notification K.4.12 Deceptive Trade Practices; Unfair Business Practices

K.5 REPRESENTATIONS OF THE DEPARTMENT

K.5.1 Authorization K.5.2 No Violation of Agreements K.5.3 Disclosure

K.6 AUTHORIZED NEGOTIATORS

K.7 PAYEE IDENTIFICATION NUMBER

K.8 POINT OF CONTACT

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 AMENDMENTS TO SOLICITATIONS

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS

L.3 SIGNATURES ON BIDS SUBMITTED

L.4 BID ACCEPTANCE PERIOD

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 SUBMISSION CHECKLIST

L.8 DISCUSSION AND CORRESPONDENCE

L.9 E-BID SUPPORT

L.10 PUBLIC INFORMATION ACT

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

SECTION A - CONTRACT DEFINITIONS

The following terms used in the Contract shall, unless the context indicates otherwise, have the meanings set forth:

Authorized Representative means the Person designated in writing to act for and on behalf of a party of the Contract.

Compliance Standards means Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Contract means to enter into a formal and legally binding agreement.

Contract Developer means the Department employee responsible for the non-technical administration of the Contract, as described in Section G.2.1.

Day(s) means calendar Days, unless otherwise specified.

Department means the Texas Department of Criminal Justice (TDCJ).

Department Policy/Policies means all written policies, procedures, standards, guidelines, directives, and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department applicable, to providing the Services specified under this Contract.

Event of Default means any of the events or circumstances described in Section I.2.

Fiscal Year means any of the one-year periods beginning September 1 and ending August 31, which periods are used for annual budgetary purposes by the State of Texas.

Invoice means the Vendor’s invoice based on the Vendor’s completion of services and yielding the Vendor Payment to be made by the Department.

Material Failure means the failure of a party to fulfill one or more obligations essential to achieving the purpose of the Contract.

Non-Appropriation means the failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Owner: The Owner is the State of Texas acting through the Texas Department of Criminal Justice (TDCJ).

Payment(s) means the amount(s) agreed to be paid by the Department to the Vendor for Services under the Contract.

PD means the Department’s Personnel Directives.

Person means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, court or other tribunal, or government or any agency or political subdivision thereof.

Rental/Lease for trash means an agreement/contract to rent a dumpster or compactor from a Company according to the prices and fees set forth at the time of Rental.

Service Commencement Date means the date on which the Vendor shall begin providing Services at the Facility pursuant to the Contract.

Services means a delivery by the Vendor of the requirements in accordance with the terms and conditions of this Contract.

Subcontractor means a person or organization that contracts under, or for the performance of part or the entire Contract between the Department and the Vendor. The subcontract may be direct with the Vendor or with another subcontractor.

TBCJ means the Texas Board of Criminal Justice.

TDCJ means the Texas Department of Criminal Justice, an agency of the State of Texas, hereafter referred to as the Department.

Term means the duration of the Contract.

Vendor means the individual, partnership or corporation who performs Services under this Contract.

Working Days means Monday through Friday, unless a national recognized holiday or other holidays observed by the Agency.

Euna Procurement Portal also called Bonfire is our procurement portal that will be used to receive bids.

https://tdcj.bonfirehub.com

IW252077 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Bid Schedule

The TDCJ is seeking bids for the Rental of two 35- Yard Open Top Container with Collection, Transportation, and Disposal. The term of this BPO is from September 1, 2026-August 31, 2027 with the option to renew for four additional one-year options.

Line Item Description Quantity Unit Cost Total Cost

001 Rental of Two 35-yard Compactor 975-37 24 MO __________ _________

002 Collection, Transportation & Disposal of waste 1450 TON __________ ___________ Of two 35 yard compactor. 910-27 Billed Per Ton

DELIVERY AND INSTALLATION EXPENSES

Unit price shall include all expenses related to the services being bid upon. To include delivery and pickup of containers and any expenses related to the Collection, Transportation, and Disposal of solid waste from the Coffield Unit in Anderson County.

INTENTIONALLY LEFT BLANK

IW252077 Section C

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

Pursuant to Chapter 2155, Texas Government Code, the Department, is requesting bids for the procurement of trash rental and collection services at the Coffield unit in Tennessee Colony, TX.

C.2 GENERAL DUTIES AND OBLIGATIONS

The Vendor shall provide compactors and routine services for the Collection, Transportation & Disposal of waste.

C.3 TECHNICAL SPECIFICATIONS REQUIREMENT

Two 35 Yard Open Top Container

C.3.1 WARRANTY TERMS

Replacement cost of two 35 yard compactors $_________________________

C.3.2 MANUAL TERMS

Reserved for future use

C.3.3 TECHNICAL SPECIFICATION TERMS

Catalogs, brand names or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised as a proprietary purchase under Government Code, Title 10, Subtitle D, Section 2155.067. If bidding on other than reference specification(s), bid should show manufacturer, brand, or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brand names, numbers, etc.

The Department requires the contractor to provide the replacement cost for all rental equipment as part of the solicitation response. This information is necessary to establish the upfront cost liability for any damages to the equipment that may be caused by the Department during the rental period.

The contractor shall be responsible for the maintenance and upkeep of all rental equipment, ensuring that it remains in safe and operational condition throughout the duration of the rental term if necessary.

IW252077 Section D

C.3.4 CONDITION OF MATERIALS OFFERED

Rental equipment must be in always working order and replaced upon breakage. New or used equipment is acceptable.

SECTION D – REQUIRED REPORTS AND CONDITIONS PRECEDENT TO AWARD

D.1 REPORTS REQUIRED FROM CONTRACTOR

DUE DATE REPORT ITEM AUTHORITY

INCLUDE WITH BID

The contractor shall provide replacement cost documentation for each piece of equipment upon request and update this information for any change in pricing.

Warranty or

Replacement Cost

Contract, Section C.3.1

PROJECT COMPLETION

Due upon completion of work Invoice Contract, Section G.3

OTHER

Prior to Service Commencement Date and upon renewal or replacement

Insurance Certificates Section H.1.3

D.2 CONDITIONS PRECEDENT TO AWARD

The following are conditions precedent to the Award being an enforceable contract. In the event these conditions are not met, this Award shall be null and void and of no force or effect, unless the TDCJ agrees in writing to the contrary.

The conditions precedent to the Award are:

1. Compliance with Section H. Special Contract Requirements, paragraph 1, Insurance Requirements;

2. Compliance with Section H. Special Contract Requirements, paragraph 3, Bond Requirements (If applicable);

3. Compliance with Section K. Representations, Certifications and Other Statements of Bidders, paragraph 4.1, Disclosure of Interested Parties.

IW252077 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE OF SERVICES

A. The Department and other government regulatory agencies have the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term. The Department shall perform inspections in a manner that will not unduly interfere with the Vendor’s performance of services. The Vendor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable assistance for the safe and convenient performance of these duties.

B. From time to time the Department shall, subject to limitations provided by law with respect to rights of privacy, have the right to reasonably prompt access and to examine all records of the Vendor related specifically to the Services called for by this Contract, including financial records generated by the Vendor and its subcontractors in connection with the performance of this Contract.

C. If subject to the outcome of an audit or inspection, it is determined that the Vendor is in non-compliance with any provisions of this Contract, and/or that money is owed to the Department by the Vendor, then the Department may exercise its rights of recovery of money owed as authorized in Section G.4.3 of this Contract.

1. If any of the Services are non-compliant with the Contract requirements, as identified by the

Department, the Vendor shall be notified describing the specific areas of non-compliance.

The Vendor shall have a 20 Day period to file a written response detailing corrective action(s) taken to address all items of non-compliance. The response must include supporting documentation which verifies execution of corrective action(s) taken. Unless otherwise specified, or previously agreed to by the Department, the submission of a corrective action plan shall not be accepted as corrective action. For all items of non-compliance satisfactorily resolved by agreement between the Vendor and the Department, no further action regarding such items shall be taken. Any areas of non-compliance shall be corrected within 20 Days or by the date of the Department approved extension.

2. If any of the Services are non-compliant with the Contract requirements, as identified by a government regulatory agency, the Vendor must resolve all items identified as non-compliant by the deadline established by the agency.

E.2 INSPECTION BY STATE EMPLOYEES

A. The Department has the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term. The Department shall perform inspections in a manner that will not unduly interfere with the Vendor’s operation. The Vendor shall furnish, and shall require subcontractors to furnish, at no increase in Contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

B. The Vendor shall provide entry at all times by the Texas Board of Criminal Justice (TBCJ) and the Department’s authorized employees/agents for inspections and other official purposes. The Governor, members of the Legislature and all other members of the Executive and Judicial Departments of the State, as well as any other persons designated by the Department including Office of the Inspector General, shall be admitted to monitor the delivery of Services.

IW252077 Section E

E.3 AUTHORITY TO AUDIT

A. The Vendor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. The Vendor further agrees to cooperate fully with the SAO, or its successor, in the conduct of the audit or investigation, including providing all records requested.

B. The Vendor shall ensure that this Clause concerning the authority to audit funds received indirectly by subcontractors through the Vendor and the requirement to cooperate is included in any subcontract it awards.

C. The Vendor shall reimburse the State of Texas for all costs associated with enforcing this provision.

D. See Section H.5, Books and Records, concerning record retention.

E. Respondent will make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, and supporting documents kept current by Respondent pertaining to the contract for purposes of inspecting, monitoring, auditing, or evaluating by Agency and the State of Texas.

E.4 AUDITS BY OTHER AGENCIES

A. Upon receipt of audits or monitoring reports pertaining to the Services under this Contract that are conducted by agencies or entities other than the Department, the Vendor shall provide copies thereof to the Department within 30 Days. The Vendor shall provide to the Department copies of responses to audits and/or inspections within seven Days of issuance. Audits or inspections may include allegations or complaints involving operations or the Vendor and its employees (including consultants, independent contractors and their employees, agents, and volunteer workers).

E.5 FRAUD, WASTE OR ABUSE

A. In accordance with Texas Government Code, Chapter 321, the SAO is authorized to investigate specific acts or allegations of impropriety, malfeasance or nonfeasance, in the obligation, expenditure, receipt or use of State funds.

B. If there is a reasonable cause to believe that fraud, waste or abuse has occurred at this agency, it can be reported to the SAO by calling 1-800-892-8348 or at the SAO’s website at www.sao.texas.gov. It can also be reported to the TDCJ Office of the Inspector General at 1- 866-372-8329, the TDCJ Internal Audit Division at 936-437-7100, or Crime Stoppers at 1-800- 832-8477.

IW252077 Section F

SECTION F - DELIVERIES AND FREIGHT

F.1 DELIVERY ADDRESS

Coffield Unit 2661 FM 2054 West Tennessee Colony, TX 75884

F.2 DELIVERY/FREIGHT EXPECTATIONS

Deliver to Unit

F.2.1 SHIPPING INSTRUCTIONS

Coffield Unit 2661 FM 2054 West Tennessee Colony, TX 75884

F.3 PERIOD OF PERFORMANCE

Services are expected to begin September 1, 2026, through August 31, 2027, with the option to renew for four additional one-year periods. The Contract may be extended for one additional six-month period after all renewals are exhausted.

Renewal options as follows:

September 1, 2027, through August 31, 2028

September 1, 2028, through August 31, 2029

September 1, 2029, through August 31, 2030

September 1, 2030, through August 31, 2031

Price adjustment:

TDCJ will permit a "unit price" adjustment annually during the renewal period based on percentage changes to the consumer producer price index (CPI): CUSR0000SEHG and/or a market survey. The CPI shall be specified as published by the U. S. Bureau of Labor Statistics Consumer Index.

website: https://data.bls.gov/series-report

The baseline shall be the index announced for the month and year in which the bid was opened.

Price may be adjusted annually in accordance with the percentage change from the Contract base period. The vendor must request a price change in writing and submit it to TDCJ for approval within 60 days of renewal expiration.

IW252077 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contract Developer will make their full text available.

Texas Government Code, Chapter 2251, Payment for Goods and Services

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, PURCHASER, AND CONTRACT

SPECIALIST

G.2.1 Purchaser / Contract Specialist

A. The Purchaser / Contract Specialist for this Contract is Zachary Walker.

B. The telephone number for the Purchaser / Contract Specialist is (936) 437-3831.

C. The e-mail address for the Purchaser / Contract Specialist is Zachary.walker@tdcj.texas.gov.

D. The Purchaser / Contract Specialist is responsible for general administration of this Procurement and final issuance of written changes/modifications to this Procurement.

The Vendor shall provide an Authorized Representative for this Contract who shall be responsible for the overall management and coordination of this Contract and shall act as the central Point of Contact with the Department. The Authorized Representative shall have full authority to act for the Vendor in the performance of the required Services. The Authorized Representative, or a designated representative, shall meet with the Purchaser / Contract Specialist to discuss problems as they occur. Respondent is hereby advised that this point of contact will not be recognized as or accepted in lieu of the “Authorized Signature” requirements.

A. The Vendor’s designated Authorized Representative for this Contract is _

B. The telephone number for the Authorized Representative is .

C. The email address for the Authorized Representative is __________________.

G.3 INVOICE INSTRUCTIONS / REQUIREMENTS

G.3.1 Invoice Instructions

A. The invoice must be itemized with the description, unit price, unit of measure and extension exactly as listed on the purchase order.

B. Only items listed on the purchase order may be billed and paid for by the TDCJ.

C. Any changes to the purchase order are only valid upon receipt of a Purchase Order Change Notice (POCN) from the authorized purchaser.

D. Invoices must reference the purchase order number. Only one purchase order number shall be referenced on an invoice. (The purchase order number always begins with an “E”, e.g.

EX000123).

E. Vendor must supply a valid Payee Identification Number (PIN) on each invoice.

F. Invoices must be sent to the TDCJ Accounts Payable department at the following address:

TDCJ Accounts Payable P.O. Box 4018 Huntsville, TX 77342-4018

G. Only discounted invoices may be emailed. Discounted invoices must be emailed to tdcj.ap-invsvs@tdcj.texas.gov.

H. Separate invoices must be submitted for each shipment / per location.

I. Incorrect invoices will be returned to the vendor for correction.

G.3.2 Invoice Requirements

A. The Vendor’s Invoice shall include the following information.

1) Invoice Number and Date;

2) Company Name;

3) Purchase Order Number;

4) Time period invoice covers;

5) Remittance / Payment address;

6) Payee Identification Number (PIN);

7) Description, price, quantity of Services being billed;

8) Prompt payment discount, if applicable;

9) Itemized credits, if applicable; and

10) Supporting documentation.

B. The Vendor shall have 30 Days from receipt of Payment to submit a request for consideration to review any discrepancies or inaccuracies.

G.4 PAYMENTS

A. Payment shall be made 30 calendar days after the latter of (1) the date an uncontested invoice is received, (2) the date goods are received, and (3) the date services are completed. Refer to Texas Government Code, Chapter 2251.

B. Government Code 403.016 (c) (3) encourages state agencies to transmit payments to vendors through electronic funds transfer (Direct Deposit). To set up your account, contact agency Accounts Payable Branch at (936) 437-8761 or (936) 437-6357. Regardless as to whether Direct Deposit is chosen, upon Contract award the Vendor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the following address:

Texas Department of Criminal Justice Attention: Accounts Payable P.O. Box 4018 Huntsville, Texas 77342-4018

If the Vendor has previously submitted a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the Department for another separate contract, another form is not required to be submitted.

The form and instructions can be found at the following link on the TDCJ website:

https://comptroller.texas.gov/programs/systems/direct-deposit/. To enroll for advance notification of electronic funds transfer to your account, please contact the number listed above.

In the event the Vendor elects to decline Direct Deposit on the Vendor Maintenance Direct Deposit and Substitute W-9 Form, the Payment will be mailed to the following remittance address:

C. Payment information may be obtained by calling the Comptroller of Public Accounts toll free at

(800) 531-5441, ext. 3-3660 or in Austin, Texas, call (512) 463-3660 or to receive via fax, call

(512) 936-3461 or online at: https://fmx.cpa.texas.gov/fmx/payment/index.php. (Note: This address must be in lower case type in the address bar of your browser.) Vendors may select Option 3 (PIN not required) and enter their vendor identification number and 696 for the agency number.

D. Funds are not presently available for performance under this contract beyond the current fiscal year for which the contract becomes effective. (Note: a state agency's fiscal year begins September 1st and runs through August 31st). The TDCJ's obligation for performance of this contract beyond the fiscal year for which the contract becomes effective is contingent upon legislative approval and the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the TDCJ for any payment may arise for performance under this contract beyond the fiscal year for which the contract becomes effective until funds are made available to the TDCJ for performance and until the vendor receives notice of availability. Refer to Section I.2.6, Termination for Unavailability of Funds, for the TDCJ's right to terminate this contract in the event it is appropriated insufficient funds.

G.4.1 Late Payment

Any amount owed to the Vendor more than one Day beyond the date such amount is due as described in Section G.3 hereof shall accrue interest each Day that such amount is not paid at the rate specified by Texas Government Code, Section 2251.025, provided, however, that this provision shall not excuse failure by the Department to make Payment in strict accordance with this Contract.

G.4.2 Withholding of Payment

A. The Department shall have the right to withhold the Monthly Vendor Payment until the failures described below have been corrected:

1. Failure to submit reports as required in Section D;

2. Failure to respond to audit reports as set forth in Section E.1.C; and

3. Failure to correct identified areas of non-compliance to the satisfaction of the Department within 20 Days upon receipt of written notification.

B. The Vendor agrees that the Department shall not pay interest to the Vendor for monies so withheld.

C. The Monthly Vendor Payment withheld shall be released upon the Department’s satisfaction that compliance has been achieved for 30 consecutive days.

D. With the exception of disputed issues, such withholding of final Payment by the Department shall not exceed 120 Days from the date of Contract termination.

G.4.3 Right to Offset

In the event the Department determines that the Vendor owes money to the Department under any contract or purchase order, the Department, upon providing the Vendor with written notice of its intent to offset, shall have the right to withhold monies due to the Vendor with respect to this Contract or purchase order or with respect to any contract or purchase order with the Department and apply such monies to the money due to the Department.

IW252077 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

The Vendor shall meet the following insurance and indemnification requirements per 16 Texas Administrative Code section 74.40:

A. Coverage shall protect the TDCJ against all claims arising from service performed by the Vendor.

B. The Vendor is not a covered individual for the purposes of worker’s compensation. Any treatment of injuries incurred while under this Contract is the responsibility of the Vendor.

C. The Vendor shall also maintain worker’s compensation insurance as statutorily required by the

State of Texas if the Vendor has non-contract employees working under this Contract.

D. If the Vendor hires an employee to perform any of the Services listed in this Contract, the Vendor shall provide an adequate plan of insurance that provides; (1) coverage to protect the State against all claims arising from the Services performed by the Vendor; (2) coverage to protect the State from actions by a third party against the Vendor or any subcontractor of the Vendor as a result of the Contract, and (3) coverage to protect the State from actions by officers, employees, or agents of the Vendor or any subcontractor(s). The Vendor shall maintain the following insurance coverage in full force and effect for the mutual protection and benefit of both the Department and the Vendor:

Type of Coverage Minimum Limits of Liability

Commercial General Liability $ 1 million General Aggregate (Combined Bodily Injury & $ 500,000 each occurrence Property Damage)

Automobile Liability $ 500,000 Combined single limit

The Vendor may provide the minimum coverage limits contained in an Excess or Umbrella Policy as recommended by the advice and counsel of the Vendor’s insurance provider.

H.1.1 The Vendor shall maintain insurance coverage for the mutual protection of both the Department and the Vendor against claims that may arise out of or result from the Vendor’s actions or operations hereunder, whether such actions or operations are by the Vendor or a subcontractor, or by anyone directly or indirectly employed by or acting on behalf of the Vendor or subcontractor where liability may arise for:

A. Claims under worker's compensation disability benefit, and other similar employee benefit acts;

B. Claims for damages because of bodily injury, occupational sickness or disease, or death of any

Vendor employees;

C. Claims for damages because of bodily injury, sickness or disease or death of any person other than the Vendor’s employees;

D. Claims for damages insured by usual personal liability coverage that are sustained by any person as a result of an act directly or indirectly related to the employment of such person by the Vendor, or by any other person;

E. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from;

F. Claims for damages based on violations of civil rights; and

G. Claims for damages arising from fire and lightning and other casualties.

H.1.2 The insurance required by this section shall be written for not less than any limits of liability specified by the Department or required by law, whichever is greater, and shall include contractual liability insurance as applicable to the Vendor’s obligations hereunder.

H.1.3 Certificates/policies of insurance shall be filed with the Department prior to execution of the Contract.

These certificates/policies shall contain a provision that coverage afforded under the policies shall not be canceled, non-renewed or materially changed except after 30 days written notice by Certified Mail to: Texas Department of Criminal Justice, Two Financial Plaza, Suite 703, Huntsville, Texas, 77340; Attn: Zachary Walker. The Vendor shall provide proof of insurance coverage to the Department upon renewal of such.

H.1.4 The Vendor shall name the Texas Department of Criminal Justice and its officers, employees, and elected representatives as additional insured on applicable coverage’s, i.e., General Liability and Automobile.

H.1.5 All insurance coverage is to be provided by insurance carriers licensed to conduct business in Texas.

All insurance carriers shall be, at a minimum, rated “A-7” in Best’s Key Rating Guide.

H.1.6 Compliance with the foregoing insurance requirements shall not relieve the Vendor from any liability under the indemnification clause at Section I.5.

H.1.7 The Vendor agrees to waive subrogation against the Texas Department of Criminal Justice and its officers, employees and elected representatives for bodily injury (including death),property damage or any other loss on applicable coverage’s, i.e., General Liability, Automobile and Worker’s Compensation.

H.1.8 The Vendor agrees that the Vendor’s insurance is primary insurance as applicable to the Texas

Department of Criminal Justice, its officers, employees and elected representatives.

H.2 SUBCONTRACTORS

A. The Vendor may subcontract for the performance of any of its responsibilities to provide Services pursuant to this Contract.

B. No subcontract may be entered into unless the Department provides prior written approval, which approval may not be unreasonably withheld.

C. If a subcontractor is deemed to be needed for an event of an emergency nature, verbal approval may be obtained through an Authorized Department Representative. The Vendor shall submit a written request with supporting documentation for approval, by the Department, as soon as possible.

D. The Vendor shall furnish to the Department copies of all subcontracts, without regard to the amount of annual payments.

E. Any arrangement by the Vendor with an affiliate or member company to provide Services to the

Department shall be subject to the subcontractor provisions of this Section.

F. No contractual relationship shall exist between the Department and any subcontractor, and the

Department shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected by the Vendor.

G. The Vendor shall be responsible for the management of the subcontractors in the performance of their work.

H. A subcontractor may not work directly with the Department in any manner and shall not be included in Contract negotiations, renewals, audits, or any other discussions except at the request of the Department.

I. Unless waived in writing by the Department, the subcontract shall contain the following:

1. An acknowledgement that the subcontract is subject to the Contract between the Department and the Vendor (the “Master Contract”).

2. The subcontractor shall agree to comply with the terms of the Master Contract to the extent applicable with respect to goods and Services being provided under the subcontract. It is the intention of the parties of the subcontract that the subcontractor shall “stand in the shoes” of the Vendor with respect to fulfilling the duties and obligations of the Vendor to the Department under the Master Contract.

3. The Department’s approval of a subcontract does not relieve the Vendor of its duty to perform under the Master Contract.

4. The Department shall be deemed a “third party beneficiary” to the subcontract.

H.2.1 Insurance

The Vendor shall require all subcontractors to obtain, maintain, and keep in force insurance coverage in accordance with accepted industry standards and the Contract during the time they are engaged hereunder.

H.2.2 Historically Underutilized Business (HUB)

In compliance with Texas Government Code 2161.252 it has been determined there is not a probability of HUB Subcontracting opportunities available for this Solicitation and the completion of the Historically Underutilized Business (HUB) Subcontracting Plan will not be required for this solicitation.

H.3 MINIMUM QUALIFICATIONS

The Department has established the following criteria as minimum Contractor (business entity) qualifications to be eligible to submit a bid for this Solicitation.

A. The Respondent must provide evidence that demonstrates the Respondent is qualified to satisfactorily perform the specified Work and must have worked in this trade for at least 5 years.

B. The Respondent must possess the ability to obtain the minimum commercial insurance required by this Solicitation.

C. The Respondents drivers and facility employees must have the required Texas Commission on Environmental Quality (TCEQ) level class certification required by Texas to provide these services in the county represented in this solicitation.

D. The Respondent must possess the ability to commence operations (start-up) without financial assistance from the Department.

E. The Respondent must have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

F. The Respondent must be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Respondents from business entities who do not meet these qualifications shall be disqualified from further consideration.

H.4 BOOKS AND RECORDS

All records and documents pertinent to the Services contracted hereunder shall be kept for a minimum of seven years after the expiration or termination hereof. If any litigation, claim, or audit involving these records begins before the retention period expires, the Vendor must continue to retain said records and documents until all litigation, claims, or audit findings are resolved, meaning that there is a final Court Order from which no further appeal may be made, or a written agreement is entered into between the Department and the Vendor.

H.5 ORGANIZATIONAL AND NAME CHANGE

The Vendor shall submit written notification to the Department within 30 Days of any changes in the Vendor’s name, address, telephone number, facsimile number and/or e-mail address with an effective date of such change. The Vendor shall submit to the Department a copy of any registration “to do business as,” “DBA,” or “also known as,” “AKA,” and any legal corporate name change filed with the Secretary of State.

H.6 FREE EXERCISE OF RELIGION

The Vendor is prohibited from substantially burdening an employee’s Exercise of Religion.

H.7 SECURITY

The Vendor’s employees and representatives, vehicles and equipment must always be under security surveillance and are subject to inspection at any time while on state property. The Vendor agrees to abide by all Department Policies and unit rules and regulations on state property. These rules, in part, prohibit the introduction of alcohol, narcotics, weapons, gambling paraphernalia, pagers and cellphones to any state property. This includes having these items in personal vehicles of on-site employees. The Vendor’s employees may not carry more than $35.00 in cash into any

Department Facility. Tobacco products are strictly prohibited on the TDCJ units, but are allowed in the personal vehicles of on-site employees or in designated smoking areas. All vehicles must be kept locked when not in use and the Vendor’s employees must stay with the vehicle when it is unlocked.

H.7.1 TDCJ UNIT RULES AND REGULATIONS

A. Security While Preforming Services:

When performing services on correctional facilities, The Vendor's compliance with the TDCJ security procedures is required. Specific requirements include, but are not limited to:

1. All vendor staff performing services within a correctional facility, and those areas where offenders are assigned, will be required to have a security escort throughout the duration of the contract. All vendor staff shall be required to follow the direction of security staff. The Vendor staff shall not interact with offenders.

Furthermore, vendor staff shall adhere to the provisions found in personnel directive PD-29, “Sexual Misconduct with Offenders”, which is located on the TDCJ website at http://www.tdcj.state.tx.us/vacancy/hr-policy/pd-29.pdf. The vendor shall notify each of the vendor’s staff accessing the TDCJ’s premises of the provisions within this directive, prior to commencing work.

2. All vendor staff, equipment and vehicles are subject to search and inspection at any time while on the TDCJ property.

3. All vehicles will be locked and secured when not in use. Drivers are responsible to always keep keys in their direct possession.

4. Vendor staff shall not introduce any type of contraband onto any TDCJ facility. Examples of contraband include, but are not limited to firearms, knives, weapons of any type, tobacco of any type, alcohol, controlled substances (illegal drugs), pagers and cell phones. Vendor staff may not carry more than $35.00 in cash into any TDCJ facility.

5. The vendor shall not allow any person who has a felony or misdemeanor conviction, pending charge, or outstanding warrant to enter onto the TDCJ property to complete any part of this contract without the written permission of the TDCJ. Conviction alone does not automatically cause an employee to become ineligible from working on this contract. Each employee shall be reviewed on a case-by-case basis.

6. The TDCJ may perform a background check on the awarded vendor. The employees of the awarded vendor may be required to complete a non-employee background questionnaire.

The TDCJ reserves the right to accept or reject each employee of the awarded vendor based upon the results of the background check. No employee of the contracted vendor will be allowed on the premises prior to the background check approval if the TDCJ facility requires a background check.

7. Vendor staff must have in their possession a valid driver's license or current photo identification.

8. The Vendor staff attire must be appropriate or compatible with the current business environment. The TDCJ reserves the right to immediately remove and/or refuse entry to any individual who has violated the above restrictions. The unit warden or facility administrator will ultimately be responsible for interpreting these rules.

B. Security While Making Deliveries

When making deliveries to correctional facilities, vendor's compliance with the TDCJ security procedures is required. This includes deliveries to all the TDCJ units and warehouses, or any other TDCJ owned, leased, or contracted premises. Specific requirements include, but are not limited to:

1. All vendor staff or contracted delivery service making deliveries within a correctional facility, and those areas where offenders are assigned, will be required to have a security escort throughout their delivery. All delivery staff shall be required to follow the direction of security staff. Delivery staff shall not interact with offenders.

2. All delivery staff and vehicles are subject to search and inspection while on the TDCJ property.

3. All vehicles will be locked and secured when not in use. Drivers are required to keep keys in their direct possession at all times.

4. Delivery staff shall not introduce any type of contraband onto any TDCJ facility. Examples of contraband include, but are not limited to firearms, knives, weapons of any type, tobacco of any type, alcohol, controlled substances (illegal drugs), pagers and cell phones. Delivery staff may not carry more than $35.00 in cash into any TDCJ facility.

5. Delivery employee's attire must be appropriate or compatible with the current business environment.

6. Generally, ex-offenders shall not be allowed inside the fenced perimeter of a facility to make deliveries unless approved by the unit warden. The warden may not allow an ex-offender on a unit or facility, whether inside or outside the fenced perimeter, if the warden believes the person may jeopardize the safe and orderly operation of the unit or facility, pose a danger to offenders or employees, or place an undue logistical burden on staff.

7. Minors and pets are prohibited from the TDCJ property and shall not be in delivery vehicle.

The TDCJ reserves the right to immediately remove and/or refuse entry to any individual who has violated the above restrictions. The unit warden or facility administrator will ultimately be responsible for interpreting these rules.

C. Security for Tool Control

1. All tools in toolboxes are to be inventoried with the total number of tools in each box plainly marked on the outside the box.

2. Copies of tool inventories are to be filed with the entrance gate officer, the owner's designated representative and the vendor's project superintendent. Any changes to an individual's toolbox inventory shall be immediately noted on all inventory sheets.

3. Tools shall be cross-checked against the number on the toolbox upon entry and exit from the facility.

4. Class "A" tools shall receive special handling. When tools are not in use, they shall be kept and locked under key in a secure area and if possible, rendered inoperable. Class "A" tools include, but are not limited to, tools most likely to be used in an escape attempt or do bodily harm. These generally include hacksaw blades, files, pipe wrenches, ladders, acetylene cutting tips, pipe and bolt cutters, etc.

5. At no time are Class "A" tools to be left unattended and when in use, the on-site TDCJ security officer will be notified.

6. All generators, ladders, and acetylene cutters must be secured at the end of each workday.

7. Emery wheels will be locked and rendered inoperable when not in use unless stored outside the secure perimeter.

8. When a Class "A" tool is lost, the assistant warden for security or warden shall be immediately notified.

a. Any inmates who may have had access to the area will be held until a thorough search is made.

b. A written report will be made covering the details of the loss.

9. All hazardous and poisonous chemicals, not in use, are to be stored in a locked tool trailer or other secure area. An inventory shall be maintained, and direct supervision provided when the items are used at the work site. Upon completion of the project, the vendor will be responsible for the removal of all hazardous materials and all hazardous waste generated under his control.

D. Rental/Lease of equipment

1. To the extent that any term, covenant, and condition contained herein conflicts with any term, covenant, and condition of a related Lease agreement or Rental agreement with respect to the Rental or Lease of equipment, and being the subject of this purchase order, the terms, covenants, and conditions of the purchase order shall prevail.

2. The parties hereby agree as follows:

a. Prior to accepting delivery of the equipment, the TDCJ shall inspect said equipment to determine if it is operating properly and to determine if any prior damage exists. The result of such inspection shall be committed to writing and executed by the TDCJ and the vendor or its agent at the time of delivery of the equipment to the TDCJ.

b. Upon termination of the Lease or Rental agreement, a final inspection shall be made by the TDCJ and the vendor or its agent and the results of such inspection shall be committed to writing and executed by the TDCJ and the vendor or its agent. Such writing shall describe whether the equipment is operating properly and set forth any damage, other than customary wear and tear, sustained by the equipment.

c. The vendor shall have 14 calendar days from the date of the written final inspection to notify the TDCJ in writing of any damage for which the TDCJ is responsible. At such times, the vendor shall also submit three written independent and itemized estimates as to the cost of the repair.

d. The TDCJ shall respond in writing to the vendor within 14 calendar days of receipt of said estimates, accepting or rejecting in whole or in part such estimates.

e. The TDCJ shall pay the vendor for any damage to the equipment for which it agrees it is responsible and in the sum of money which the TDCJ agrees to pay within 30 days of the TDCJ issuing its written decision to pay and upon the TDCJ receiving a final invoice from the vendor reflecting such damage which invoice the TDCJ has previously approved.

f. If the vendor is dissatisfied with the TDCJ’s decision to pay for such damage to the equipment, the vendor may comply with the dispute resolution process set forth in the purchase order.

g. The Lease or Rental agreement shall not be effective unless the TDCJ requests the vendor delivering possession of such equipment to the TDCJ and the equipment is in fact so delivered.

IW252077 Section I

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

The Vendor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product(s) or Service(s) provided are…