1-1. Chlorine Sulfur Dioxide, 696-FD-27-B053.pdf

Texas Department of Criminal Justice Bid Cover Page

This form requests basic information about the Bidder and project and must be completed in its entirety, including the signature of the Authorized Representative.

NOTE: THIS PAGE WILL BE REPLACED AT TIME OF AWARD WITH CONTRACT AWARD PAGE.

SOLICITATION INFORMATION

Document Type: 2S Statutory Cite: 34 Texas Administrative Code 20.82

1) Solicitation Number:

696-FD-27-B053

2) Issue Date: 3) Deadline: November 30, 2026 November 2, 2026 3:00 p.m. CT

4) Points of Contact: Ali Duke (936) 437-3826 alicia.duke@tdcj.texas.gov Amanda Kramer (936) 437-3848 amanda.kramer@tdcj.texas.gov

5) Type of Solicitation: IFB-Invitation for Bid

6) Solicitation Description

The Texas Department of Criminal Justice is requesting bids for the supply of 150lb and/or 1-ton amounts of Chlorine and/or Sulfur Dioxide, Rental of Associated Tanks, and Transportation of said chemicals, to multiple units in multiple locations.

BID SUBMISSION

7) Submission Portal: https://tdcj.bonfirehub.com *Reference Section L. for complete submission instructions. LATE OR EMAILED BIDS WILL NOT BE ACCEPTED.

BIDDER 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) Tie Bid Preference:

(Section K.3, list all that apply) ______________________________________________________________________

15) Amendments: Sign and submit via Bonfire prior to the deadline.

BIDDER AUTHORITY AND SIGNATURE

16) Point of Contact Name: ______________________ Title: ___________________________

Email address: ______________________________________________ Telephone #: _____________________

17) Authorized Signature: Date:

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SUMMARY OF KEY DATES

November 2, 2026 Issue Solicitation

November 5, 2026 10:00 a.m. CT Pre-Bid Conference

November 10, 2026 3:00 p.m. CT Deadline for written questions for clarification to the Department (See Section L.1)

November 16, 2026 5:00 p.m. CT Deadline to submit responses to clarification questions to the Department.

November 30, 2026 3:00 p.m. CT Deadline for the Department receipt of Bids.

Late BIDS will not be accepted.

February 1, 2027 Service Commencement Date

In compliance with Texas Government Code, 2161.252, it has been determined there is a probability of Subcontracting opportunities available for this Solicitation and the completion of the State of Texas Subcontracting Plan will be required for this Solicitation.

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TABLE OF CONTENTS

PAGE

SUMMARY OF KEY DATES………………………………………

SECTION A – DEFINITIONS……………………………

A.1 GENERAL DEFINITIONS

A.2 SERVICE SPECIFIC DEFINITIONS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions

B.2 PRICING SCHEDULE

B.3 PRICE INCREASES/DECREASES

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 COMPLIANCE WITH APPLICABLE RULES AND REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

C.3 GENERAL DUTIES AND OBLIGATIONS

C.3.1 Specific Requirements and Obligations

C.4 SERVICE REQUEST

C.5 TRANSPORTATION

C.6 RECORD KEEPING/RETENTION

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

SECTION E – INSPECTION AND ACCEPTANCE…………………………………………………………14

E.1 INSPECTION OF SERVICES

E.2 RESERVED FOR FUTURE USE

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE…………………………………………………………16

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THE TERM OF THIS CONTRACT

F.3 OPTION TO EXTEND SERVICES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 ROLES AND RESPONSIBILITIES

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Program Supervisor G.2.4 Program Manager

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment

G.4.3 RESERVED FOR FUTURE USE

G.4.4 Withholding of Payment G.4.5 Right to Offset

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS

H.3 RESERVED FOR FUTURE USE

H.4 RESERVED FOR FUTURE USE

H.5 RESERVED FOR FUTURE USE

H.6 BOOKS AND RECORDS

H.7 ORGANIZATIONAL AND NAME CHANGE

H.8 FREE EXERCISE OF RELIGION

H.9 DELAY OF SERVICES

H.10 SECURITY

H.11 RESERVED FOR FUTURE USE

H.12 UTILIZATION OF SERVICES

H.13 USE OF CONTRACT BY OTHER STATE AGENCIES

SECTION I – CONTRACT CLAUSES………………………………………………………………………..27

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor 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 Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKERS’ 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 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

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

I.18 RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (STATE OWNERSHIP) ... 33

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

I.22 REQUIRED COOPERATION IN LEGAL MATTERS

SECTION J – LIST OF EXHIBITS……………………………

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

AND THE DEPARTMENT……………………………………

K.1 RESERVED FOR FUTURE USE

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K.2 FRANCHISE TAX REPRESENTATION

K.3 PREFERENCE CLAIM

K.3.1 Source and Specification Preferences K.3.2 Tie Bid Preferences K.3.3 Additional Preferences

K.4 REPRESENTATIONS OF THE BIDDER

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 Compliance With Laws K.4.5 No Litigation K.4.6 Taxes K.4.7 Financial Statements K.4.8 Disclosure K.4.9 No Collusion K.4.10 Disclosure of Interested Parties K.4.11 Unfair Business Practices K.4.12 Felony Criminal Convictions K.4.13 Notification

K.5 REPRESENTATIONS OF THE DEPARTMENT

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

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS

L.3 SIGNATURES ON BID SUBMITTED

L.4 BID ACCEPTANCE

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 BID PREPARATION INSTRUCTIONS

L.8 BID SUBMISSION CHECKLIST

L.9 PRE-BID CONFERENCE

L.10 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

Section A

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SECTION A – DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include singular and plural versions:

A.1 GENERAL DEFINITIONS

Authorized Representative - the person designated in writing to act for and on behalf of a party of this Contract, which designation has been furnished to the other party.

Base Period - the initial period of the Contract Term.

Bid - an offer to contract with the state, submitted in response to an Invitation for Bid (IFB).

Bidder - an individual or entity that submits a Bid, including anyone acting on behalf of the individual or entity, such as an agent, employee or representative.

Biennium - any of the two-year periods beginning on September 1 and ending on August 31 of odd numbered years, which are used for budgetary purposes by the State of Texas.

Compliance Standards - 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 - the complete and final agreement between the Department and the Contractor, consisting of the Department’s Solicitation and all associated amendments; the successful Bidder’s Bid, including any clarifications, written replies, and any best and final offer (BAFO); and the executed Contract Award Page.

Contractor - the individual, partnership, or corporation who performs Services under this Contract; the successful Bidder who receives a Contract award.

Contract Specialist - the Department employee responsible for non-technical administration of this Contract.

Contract Term - the duration of this Contract. As specified in Section F.1, Contract Term.

Day - calendar day, unless otherwise specified.

Department - the Texas Department of Criminal Justice (TDCJ), an agency of the State of Texas.

Department Policy - 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 - any of the events or circumstances described In Section I.2, Default and Termination.

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

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

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

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Option Period - an optional renewal period of the Contract Term, after the Base Period.

Payment - the amount(s) agreed to be paid by the Department to the Contractor for Services provided under this Contract.

PD - TDCJ’s Personnel Directives.

Quarter - the periods that relate to the Department’s Fiscal Year, beginning on September 1, December 1, March 1, and June 1.

Service - delivery by the Contractor of requirements in accordance with the terms and conditions of this

Service Commencement Date - the date on which the Contractor shall begin providing Services pursuant to this Contract.

Solicitation - this document requesting Bids from Bidder to provide specified goods and Services.

TBCJ - the Texas Board of Criminal Justice.

Working Day - a weekday, unless it is a holiday observed by the Department.

A.2 SERVICE SPECIFIC DEFINITIONS

Carrier Qualifications – the minimum legal and safety requirements that a motor carrier must meet to operate commercial motor vehicles (CMVs) in interstate commerce, as set forth in 49 CFR part 391 of the Federal Motor Carrier Safety Regulations (FMCSA).

Chlorine Gas – a pale yellow-green, pungent, irritating gas at room temperature, with a molecular weight of about 70.9g/mol. It is a strong oxidizing agent and can react explosively with many substances, including acetylene, ammonia, hydrogen, and finely divided metals. When released, it can form corrosive fumes such as hydrochloric acid (HCI) and hypochlorous acid (HOCI).

CFR - Code of Federal Regulations.

DOT - the Department of Transportation.

Emergency Delivery – Express shipping in the event of an emergency.

Emergency Response Documentation – refers to the systematic recording and preservation of information, action, decisions, and communications related to emergency incidents.

Emergency Response Procedures – an immediate, systematic response to an unexpected or dangerous occurrence, aimed at mitigating the impact on people, and the environment. It provides clear, step-by-step guidance for responding quickly and effectively during a crisis, which helps reduce panic and ensures a coordinated response. Additionally, it consists of pre-established actions and guidelines that organizations must follow during emergencies.

EO - Executive Order.

EPA - the Environmental Protection Agency.

Facility/Facilities - the prison unit or state jail where Service(s) under this Contract are to be performed.

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FDED - Facilities Division Environmental Department.

Federal Motor Carrier Safety Regulations (FMCSA) – a set of federal rules governing the safety, operation, and responsibilities of commercial motor vehicles and drivers in interstate commerce.

Hazard Class – the Department of Transportation (DOT) classifies hazardous materials into nine hazard classes based on their physical and chemical properties to ensure safe transportation and handling of hazardous materials.

Hazmat Endorsements – a special certification added to a Commercial Driver’s License (CDL) that authorizes a driver to legally transport hazardous materials requiring placards.

Inspection Certificates – Is a document that certifies goods have examined and meet the required quality, quantity, and contractual specifications before shipment.

NFPA 55 – Is the National Fire Protection Association’s standard for the safe storage, handling, and use of compressed gases and cryogenic fluids.

OSHA - Occupational Safety and Health Administration.

OSHA Hazard Communication – ensure that information about the hazards of chemicals used in the workplace is communicated effectively to workers.

Program Supervisor – the Environmental Manager from the Facilities Environmental Department, that is responsible for technical administration of this contract.

QA/QC - Quality Assurance/Quality Control.

Safety Data Sheet (SDS) – a standardized document that provides detailed information about chemical hazards, safety handling, storage, and emergency measures to protect workers and the environment.

SAO - State Auditor’s Office.

Service(s) Request - the manner orders will be placed under this Contract.

Shipping Papers – refer to documents used in the transportation of goods, particularly those that may be hazardous. They include various types of documents such as shipping orders, bills of lading, and manifests.

Sulfur Dioxide Gas – a colorless gas with a pungent, irritating odor, commonly known as sulfurous acid anhydride. It is naturally produced by volcanic activity and industrially generated during the burning of sulfur-containing fuels and metal refining processes. The gas is nonflammable but can cause significant health and environmental hazards.

TAC - Texas Administrative Code.

TCEQ - Texas Commission on Environmental Quality and its predecessor and successor agencies.

Transporter - a person who conveys or transports Chlorine and Sulfur Dioxide gases and relevant equipment and rentals by truck or other means.

U.S. DOT – the U.S. Department of Transportation (DOT).

Section C

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of this Contract, provide all necessary personnel, equipment, materials, supplies, and Services, and otherwise do all things necessary for, or incidental to supply and transportation of Chlorine and Sulfur Dioxide Gases and rental of associated containers and tanks to multiple sites in the State of Texas as listed in Exhibit J.4, Pricing Schedule Detail.

B.1.2 Pricing Instructions

A. The Department anticipates an award of multiple, firm fixed-price Contracts for these Services.

B. The price shall include all costs (such as direct, indirect, profit, etc.) of providing the chemicals required. The price for rental equipment to include any recurring fees should be included in the unit rental per container size. Additional charges (such as set up fees, franchise fees, fuel or disposal surcharges, etc.) should be included in the relevant unit labor or transportation pricing.

C. Bidders shall complete Exhibit J.4, Pricing Schedule Detail, according to the Services being provided.

B.2 PRICING SCHEDULE

Please review and complete Exhibit J.4, Pricing Schedule Detail, and return with bid.

B.3 PRICE INCREASES/DECREASES

A. The Contractor may submit a written request for an annual price increase to the Department no later than February 1st of each year. The Department will review the request, which will be based on the Bureau of Labor Statistics Index Number WPU061303 – Chemicals and Allied Products – Alkalies and Chlorine, Including Natural Sodium Carbonate and Sulfate, Not Seasonally Adjusted. The Department reserves the right to request an annual price decrease based on decreases in the Producer Price Index (PPI). Any price change shall be made via a unilateral modification signed by the Department’s Authorized Representative.

The formula to calculate price increases is as follows:

(B – A) ÷ A × 100% = Percent of allowable price increase*

A=October 2026 Index B=Current/Latest Index

*The resulting percent shall be rounded to the nearest one hundredth of one percent (0.0X).

B. Requests for additional price adjustments may be submitted at any time and must be accompanied by a detailed rationale for the adjustment. The Department reserves the sole and exclusive discretion to approve or deny any such request.

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SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The Texas Department of Criminal Justice is requesting bids for the Service of supplying Chlorine and Sulfur Dioxide chemicals to multiple units in multiple locations. Services shall consist of the provision of 150lb and/or 1-ton amounts of Chlorine and Sulfur Dioxide gases in approved containers, including rental of associated tanks and accessories, and relevant Safety Data Sheets (SDS), shipping papers, and inspection certificates, for usage in water production and wastewater plant operations.

C.2 COMPLIANCE WITH APPLICABLE RULES AND REGULATIONS, POLICIES, PROCEDURES,

AND LAWS

A. The Contractor shall provide Services to the Department that are in compliance with applicable local, state, and federal laws, including all constitutional, legal and court ordered requirements, whether now in effect or hereafter effected or implemented. The Contractor shall comply with Department Policies, procedures, personnel directives and regulations during the Contract Term. The Contractor shall comply with the Department’s safety requirements and reporting procedures.

B In the event the Contractor is cited by any local, state or federal authority agency for any non-compliance with any local, state or federal law or applicable regulations hereunder, the Contractor must notify the Department within ten Working Days of receipt of the citing. If the non-compliance is judged by the Department to affect the Contractor's ability to properly provide, transport, or store Chlorine and Sulfur Dioxide gases and equipment in accordance with this Contract or any applicable law and regulations, this Contract may be terminated in accordance with Section I.2.1.

C.3 GENERAL DUTIES AND OBLIGATIONS

A. The awarded Contractor shall provide the Service(s) and Good(s) described in Section C.1.

For detailed requirements regarding chemicals and containers to be provided, see Exhibit J.3, Product Requirements: Specifications and Description.

Brand or manufacturer’s references are descriptive only and indicate type and quality to be provided. All references to brand or manufacturer names shall be interpreted to include the language “or Owner approved equal”. Any brand or manufacturer meeting specifications will be considered, irrespective of the language “or Owner approved equal” appearing in conjunction with the brand or manufacturer name.

B. The awarded Contractor must maintain all current Licenses, Registrations, Certifications and/or Permits required under applicable laws and regulations by the proper regulatory agencies. Proof of compliance may be required at any time during this Service Contract.

Failure to provide the requested documentation may be construed as a default and the Contract affected may be cancelled.

C. The awarded Contractor is responsible for any damage to TDCJ property incurred during the execution of these Services.

D. The required Services shall be performed by properly uniformed personnel. All drivers shall have proper licensing to operate vehicles and/or equipment.

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C.3.1 Specific Requirements and Obligations

A. The Contractor will schedule deliveries on a monthly basis and provide a schedule on the 1st of every month to tdcjenv@tdcj.texas.gov for the facilities that will be serviced that month.

Additionally, services may be called in by Facilities Division Environmental Department (FDED) on a case-by-case basis, if needs become emergent. The FDED will notify the units of the intended arrival/schedule from the provided schedule. If the Contractor is unable to meet the scheduled visit, the Contractor shall provide advanced 24-hour notice to the FDED at (936) 437-7247.

B. The Contractor shall make delivery within five calendar days of the scheduled date and be able to provide emergency deliveries within 48 hours of notification. The Contractor shall be able to respond to emergencies at all times for service calls/ leaking cylinders, etc.

C. Service deliveries and pickups shall be scheduled during normal business hours between 7:00 A.M. CT and 3:00 P.M. CT, Monday through Friday, excluding agency holidays, unless otherwise indicated. The deliveries shall be coordinated between the FDED, the Unit Maintenance Supervisor and the Contractor Dispatcher.

It is imperative that the FDED be the point of contact to announce all arrivals at each facility.

D. Regarding emergency contingency planning, an immediate response and recovery strategy when a critical disruption occurs is required for emergency delivery. Emergency response procedures will be utilized to ensure mobilization, diagnosis, and repairs will be handled to minimize downtime and prevent loss. Examples of emergencies include, but are not limited to leaks, natural disasters, environmental pollution, etc.

E. Contractor shall comply with all Safety requirements, as outlined in OSHA Hazard

Communication 29 CFR 1910.1200, Texas Hazardous Communications Act, Chapter 502 and follow NFPA 55 for compressed gas storage. Contractor shall provide relevant SDS and emergency response procedures for each deliverable.

F. At no time shall Service(s) be interrupted without notifying the FDED and the Contract

Administrator, in writing, at least 10 days prior to the scheduled interruption. Notice will include the reason for interruption, as well as the scheduled date of the interruption in accordance with Texas Government Code, Section 2251.051. Service(s) cannot be interrupted for nonpayment of amounts that have been properly disputed by the TDCJ in accordance with Texas Government Code, Section 2251.042. Invoices will be accepted bi-monthly for the preceding calendar month or as each request occurs for deliveries, pickups, or service calls completed.

G. The Contractor shall assign a dedicated Program Manager, per Section G.2.4, who shall be responsible for the overall management and coordination of this Contract and shall act as the central point of contact for the TDCJ. The Program Manager shall have full authority to act on behalf of the Contractor in the performance of the required Services. The Program Manager or a representative designated by the Program Manager shall meet with the FDED, the Unit Maintenance Supervisor and the Program Supervisor or designee, if changes occur with the dedicated Program Manager assigned.

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C.4 SERVICE REQUEST

A. Any Service to be furnished under this Contract shall be requested by the TDCJ Program Supervisor or designee. Such requests may be issued from the Commencement Date to the Expiration Date of the Contract.

B. All requests are subject to the Terms and Conditions of the Contract. In the event of a conflict between a Service request and the Contract, the Contract shall prevail.

C. The TDCJ Program Supervisor or designee shall place a request for Service(s) at a specific facility. Service requests will be placed verbally and confirmed via email.

The Department makes no guarantee of requests for Service(s) under this Contract.

C.5 TRANSPORTATION

The Contractor shall provide all transportation necessary for the performance of the Service required in the Contract at the rates listed in Exhibit J.4, Pricing Schedule Detail. Contractor shall ensure compliance with U.S. DOT Hazardous Materials Regulations, per 49 CFR Parts 171- 180 to include proper shipping names, hazard class, placarding, and emergency response documentation, including carrier qualifications and hazmat endorsements.

C.6 RECORD KEEPING/RETENTION

A. At the time of chemical delivery, the Contractor shall provide a copy of the delivery ticket/trip ticket to unit maintenance personnel on site. The delivery/trip ticket shall list the type of chemical, size and number of cylinders/tanks, and location of delivery.

B. Send a copy of the Trip Ticket(s) to local authorities, if required.

C. Maintain emergency response documentation as required by TCEQ.

Section D

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SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

The Contractor shall submit the listed documents/reports during the Contract Term. These documents/reports may be revised, or additional documents/reports may be required, at the Department’s discretion.

SEND TO DUE DATE DOCUMENT/REPORT

ITEM

AUTHORITY

MONTHLY

Facilities

Environmental Department

Within 30 days of Service Monthly Invoice Section G.3.C

TDCJ Contract Specialist

By the fifth day of the following month

Texas Subcontracting Plan, Prime Contractor Progress Assessment

Report Form

Section H.2.D

OTHER

TDCJ Unit

Maintenance Personnel

At time of delivery Trip Ticket/Emergency Response

Documentation

Section C.6

Section E

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION 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, to include viewing and/or participating in testing sessions. The Department shall perform inspections in a manner that will not unduly interfere with the Contractor’s performance of Services. The Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable facilities and 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 Contractor related specifically to the Services, including financial records, employee records (including time and attendance records), and any and all records and documents generated by the Contractor and its sub-contractors in connection with the performance of this contract.

C. If subject to the outcome of an audit or inspection, it is determined that the Contractor is in non-compliance with any provisions of this Contract and/or that money is owed to the Department by the Contractor, then the Department may exercise its rights of recovery of money owed as authorized in Section G.4, Payments.

1. If any of the Services are non-compliant with this Contract’s requirements, as identified by the Department, the Contractor shall be notified with the notice describing the specific areas of non-compliance. The Contractor shall have a 20-Day period to file a written reply detailing corrective action(s) taken to address all items of non-compliance. The reply 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.

2. For all items of non-compliance satisfactorily resolved by agreement between the Contractor 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.

3. If any of the Services are non-compliant with this Contract’s requirements, as identified by a government regulatory agency, the Contractor must resolve all items identified as non-compliant by the deadline established by the government regulatory agency.

E.2 RESERVED FOR FUTURE USE

E.3 MONITORING CRITERIA

A. The Department shall devise its own procedures for monitoring the quality of the Contractor’s performance under this Contract, all court orders, and Department Policies.

B. The Contractor shall cooperate fully with the Department in obtaining the requisite information needed to complete such audits and to assess the quality of the Contractor’s performance.

C. Monitoring may include, but is not limited to, document reviews and on-site audits conducted by Authorized Representatives of the Department. Such monitoring by the Department shall not relieve the Contractor of any of its obligations under this Contract.

Section E

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D. The Program Supervisor or designee and other Department staff shall provide written findings regarding non-compliant conditions, processes, procedures or operations implemented at the facility, and observations that could, if not addressed by the Contractor, become an item of non-compliance as described in Section E.1, Inspection of Services.

E.4 AUDITS BY OTHER AGENCIES

A. Upon receipt of audits or monitoring reports pertaining to the provision of Services under this Contract that are conducted by agencies or entities other than the Department, the Contractor shall provide copies thereof to the Department within 30 Days.

B. The Contractor shall provide to the Department copies of responses to audits or monitoring reports within seven Days of issuance. Audits and/or monitoring reports may include allegations or complaints involving Services or the Contractor and its employees (including consultants, independent contractors and their employees, agents and volunteer workers).

C. The Contractor shall retain all original audits and monitoring reports conducted by other agencies. These records shall be maintained in accordance with Texas Government Code, Section 441.1855. If those records are still in their retention period at the termination of this Contract, all originals shall be physically transferred to the Department.

E.5 FRAUD, WASTE OR ABUSE

A. In accordance with Texas Government Code, Chapter 321, the State Auditor’s Office (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 the

Department, it can be reported to the SAO by calling 1-800-892-8348 or at the SAO’s website at https://sao.texas.gov. It can also be reported to the TBCJ Office of the Inspector General at 1-866-372-8329, the TBCJ Office of the Independent Auditor at 936-437-7100, or Crime Stoppers at 1-800-832-8477.

Section F

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

The Contract Term will consist of a 6-month Base Period. This Contract may be renewed per Section F.2, Option to Renew the Term of this Contract, for four one-year Option Periods:

Base Period February 1, 2027 through August 31, 2027 Option Period One September 1, 2027 through August 31, 2028 Option Period Two September 1, 2028 through August 31, 2029 Option Period Three September 1, 2029 through August 31, 2030 Option Period Four September 1, 2030 through August 31, 2031

F.2 OPTION TO RENEW THE TERM OF THIS CONTRACT

A. The Department may, at its sole discretion, issue a unilateral modification to renew this Contract for the Option Period(s), provided that the Department gives the Contractor a preliminary written notice of its intent to renew at least 60 Days before this Contract expires.

B. If a preliminary written notice has not been provided to the Contractor at least 60 Days before this Contract expires, a modification to renew this Contract for the Option Period shall be mutually agreed to by both parties and executed in writing with the authorized signatures.

C. The preliminary notice does not commit the Department to the renewal period(s).

D. If the Department exercises this option, the renewal shall include this option provision.

E. The Department may exercise its option to renew Services for a potential Contract duration of four years and six months.

F.3 OPTION TO EXTEND SERVICES

A. The Department may require continued performance of any Services within the limits and at the rates specified in this Contract for the purpose of re-advertising the Service, awarding a new contract, or transitioning to a new contract.

B. The Department may exercise this extension of Services for a maximum of six months.

C. Any extension made pursuant to this Section shall comply with the General Appropriations

Act applicable to the Base Period of this Contract.

Section G

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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 Specialist will make their full text available.

G.2 ROLES AND RESPONSIBILITIES

G.2.1 Authorized Representative

A. In the case of the Contractor, its President or any Vice President, or designated senior management personnel, shall designate an Authorized Representative in writing. The designation of the Contractor’s initial Authorized Representative shall be delivered to the Department no later than the effective date of this Contract. The Contractor’s Authorized Representative may designate other persons to assist such Authorized Representative in the performance of certain obligations required by this Contract.

B. In the case of the Department, the Executive Director is hereby designated as its Authorized

Representative and has authorized the Chief Financial Officer to act on his/her behalf on matters requiring signature approval of the Authorized Representative. The TDCJ-Facilities Division Director has been designated as the Authorized Representative on all matters pertaining to the Services and in compliance with this Contract. The Department’s Authorized Representatives may designate other persons to assist such Authorized Representatives in the performance of certain obligations of this Contract.

C. At any time, any party may designate any person as its Authorized Representative by delivering to the other party a written designation signed, if on behalf of the Contractor, by its President or any Vice President or designated senior management personnel, or if on behalf of the Department, by the Executive Director or his/her designee. Such designations shall remain effective until new written instruments are filed with, or such notice is given to the other party that such designations have been revoked.

D. The Department’s Authorized Representative (the Executive Director), or his/her designated representative, is the only person authorized to make or approve changes in any of the requirements of this Contract, and notwithstanding any clauses contained elsewhere in this Contract, the said authority remains solely with the Executive Director or his/her designated representative. In the event the Contractor makes any change at the direction of any person other than the Executive Director or his/her designated representative, the change will be considered to have been made without authority, and no adjustment will be made in the Contract price to cover any increase in cost incurred as a result thereof.

G.2.2 Contract Specialist

A. The Contract Specialist for administration of this Contract is Ali Duke.

B. The telephone number for the Contract Specialist is (936) 437-3826.

C. The email address for the Contract Specialist is alicia.duke@tdcj.texas.gov.

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D. The Contract Specialist is responsible for general administration of this Contract, negotiation of any changes and final issuance of written changes/modifications to this Contract. All requests by the Contractor to modify this Contract shall be made in writing to the Contract Specialist with a copy submitted to the Program Supervisor or designee.

G.2.3 Program Supervisor

A. The Program Supervisor for this Contract is Tanya Tucker or designee.

B. The telephone number for the Program Supervisor or designee is (936) 437-7247.

C. The email address for the Program Supervisor or designee is tdcjenv@tdcj.texas.gov.

D. The Program Supervisor or designee is not authorized to make any representations or commitments of any kind on behalf of the Department’s Authorized Representative as described in Section G.2.1, Authorized Representative.

E. The Program Supervisor or designee does not have the authority to alter the Contractor’s obligations or to change this Contract specifications, cost(s), terms, or conditions.

G.2.4 Program Manager

The Contractor shall provide, a Program Manager 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 Program Manager shall have full authority to act for the Contractor in the performance of the required Services. The Program Manager or a designated representative shall meet with the Program Supervisor or designee to discuss problems as they occur and shall respond within three Days after receiving notification of any problem.

A. The Program Manager for this Contract will be: ____________________________________

B. The telephone number for the Program Manager is: ________________________________

C. The email address for the Program Manager is: ___________________________________

G.3 INVOICE REQUIREMENTS

A. The Contractor shall invoice the Department monthly for preceding calendar month. Services shall be billed on the same invoice when provided to multiple locations at one facility, and the Department shall pay such invoice within 30 Days after receipt of an accurate Contractor’s invoice and supporting documentation. The Contractor may offer a prompt payment discount, for example, 1%/15 Days (refer to the Prompt Payment Block on the Contract Award Page) if the Contractor desires expedited Payment. Prompt payment discounts and payment terms must be stated on each invoice.

B. Invoices will be processed in accordance with Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter F, Division I, Rule 20.487, Invoicing Standards.

mailto:patricia.brady@tdcj.texas.gov

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1. The Department must notify the Contractor of an error or disputed amount in an invoice submitted for Payment no later than the 21st Day after the Department received the invoice and shall include in such notice a detailed statement of the amount of the invoice which is disputed.

2. The Department may request Payment for an invoice from the Texas Comptroller of Public Accounts only after the Department has:

a. Received, inspected, and accepted delivery of goods or Services covered by the invoice; and

b. Received and accepted a complete and accurate invoice.

C. The Contractor’s monthly invoice shall include the following information:

1. Name of business, remittance address, email address, telephone number, point of contact, and invoice date;

2. Department’s name, agency number (696), and program location;

3. Contract number;

4. Valid Texas identification number;

5. Dates of Service(s), Rental period (if applicable);

6. Descriptions of Service(s) to include location;

7. Delivery Tickets;

8. Quantity of cylinders/tanks delivered, unit and extended cost; and

9. Prompt payment discount.

D. Services or expenditures submitted by the Contractor that cannot be verified will be disallowed for reimbursement. Illegible or incomplete documentation, which cannot be verified, will be disallowed for reimbursement.

E. The Contractor must submit monthly invoices no later than the fifth Working Day after the end of the preceding month. The name, address, telephone number, and email address for the office receiving invoices will be provided upon award.

F. Regarding other charges, if a trip for services has been announced (i.e., schedule provided), and entry into a TDCJ facility is not allowed, a charge may be introduced to be invoiced to cover labor and fuel cost only. This is referenced commonly as a ‘dry run or trip charge’.

If a trip for services is unannounced by the Contractor and not coordinated through the FDED, no charges are allowed to be invoiced to cover labor or fuel cost.

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G. The invoice and required documentation shall be submitted via mail or email to:

TDCJ Facilities Environmental Department P.O. Box 4011 Huntsville, Texas 77340 Email: envibilling@tdcj.texas.gov

H. Subcontracting will be allowed but invoices must come from the awarded Contractor(s).

I. The vendor has 30 days to reconcile any discrepancies against a disputed invoice.

G.4 PAYMENTS

A. It is recommended that the Contractor receive Payments via Electronic Funds Transfer (EFT), also known as Direct Deposit.

B. Regardless as to whether direct deposit is chosen, upon Contract award the Contractor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the following address:

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

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

https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html.

D. If the Contractor 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.

E. Payment is to be made monthly by the Department to the Contractor after Services have been rendered and invoices with required reports have been submitted accurately and completely.

F. Partial Payments may be made when the amount of the invoice is sufficient, in the opinion of the Department, to justify processing the Payment.

G.4.1 Payment Adjustment

A. The Department may elect to deduct from its monthly Contractor Payment as specified in Section G.4.4, Withholding of Payment, any amount specified in Section E.1, Inspection of Services.

B. If it is determined the monthly Contractor Payment is not adequate to cover the money due to the Department, then all monthly Contractor Payments shall be withheld, and an invoice issued to the Contractor for the amount due.

C. The Contractor shall be responsible to pay the invoiced amount within 30 Days of receipt unless the Contractor and the Department mutually agree on an alternative Payment method.

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G.4.2 Late Payment

Any amount owed to the Contractor more than one Day beyond the date such amount is due as described in Section G.3, Invoice Requirements, 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.4.3 RESERVED FOR FUTURE USE

G.4.4 Withholding of Payment

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

1. Failure to submit documents as required in Sections C.6, Record Keeping/Retention, and Section D, Required Documents from Contractor;

2. Failure to respond to audit reports as required in Section E.1, Inspection of Services;

3. Failure to submit invoices in the time frame as required in Section G.3, Invoice

Requirements, if the Service was performed more than 90 Days prior to date of the invoice, unless said Service is in dispute.

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

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

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

G.4.5 Right to Offset

The Department determines that the Contractor owes money to the Department under any contract or purchase order, the Department, upon providing the Contractor with written notice of its intent to offset, shall have the right to withhold monies due to the Contractor 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.

Section H

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

A. Prior to the approval of this Contract by the Department, the Contractor shall procure, pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to the Department. It is recommended that coverage be with a company or companies having both a Financial Strength Rating of “A” or better and Financial Size Category Class of “VII” or better from A.M. Best Company, Inc.

B. The Contractor shall provide evidence of the insurance by delivering to the Department certificates of insurance executed by the insurer or its authorized agent stating coverage, limits, expiration dates, and compliance with all applicable required provisions.

C. Upon request, the Contractor shall provide, without expense, to the Department copies of the policies and all endorsements. The Contractor shall submit copies and changes to the initial insurance policies, including extensions, renewals, cancellations, and revisions, to the Contract Specialist within 30 Days of the effective date.

D. Subject to the Contractor’s right to maintain reasonable deductibles, the Contractor shall obtain and maintain in full force and effect for the duration of this Contract and any extension hereof, at the Contractor’s sole expense, insurance coverage in the following type(s) and amounts:

1. Workers' Compensation with statutory limits; Employers Liability with minimum limits for bodily injury:

a) By accident, $1,000,000 per accident; and

b) By disease, $1,000,000 per employee with a per policy aggregate of $1,000,000.

2. Commercial Automobile Liability Insurance covering owned, hired, and non-owned vehicles, with a minimum combined bodily injury (including death) and property damage limit of $1,000,000 per occurrence.

3. Commercial General Liability Insurance including, but not limited to, Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors, and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of $1,000,000 per occurrence, and $2,000,000 general aggregate.

a. Civil Rights Liability must be provided with the same liability limits. It may be included with the General Liability policy or written on a separate policy.

b. The Department shall be named as an additional insured by using endorsement CG2026 or broader.

4. Environmental Impairment/Pollution Liability Insurance endorsed to address environmental liabilities associated with transporting chemicals or products and tailored to provide coverage for the disposal of chemicals or products at non-owned locations with minimum limits of $1,000,000 per occurrence, $2,000,000 annual aggregate.

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E. If the insurance described above is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than 60 months following completion of this Contract and acceptance by the Department. Coverage, including any renewals, shall have the same retroactive date as the original policy applicable to this

H.1.1 Required Provisions

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, the following required provisions:

A. Name the Department and its officers, employees, and elected representatives as additional insured to all applicable coverages except Workers’ Compensation and Professional Liability.

B. Waive subrogation against the Department, its officers, employees, and elected representatives for bodily injury (including death), property damage or any other loss, to all applicable coverages.

C. Provide that the Contractor’s insurance is the primary insurance regarding the Department, its officers, employees, and elected representatives.

D. Provide that all provisions of this Contract concerning liability, duty and standard of care, together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

E. Ensure that all certificates of insurance identify the Service or product being provided and the name of the responsible party.

F. The Contractor, through an insurance agent licensed by the State of Texas, shall obtain all insurance coverage and an insurance company licensed to issue such coverage in this State shall provide such coverage. No “self-insurance” coverage shall be acceptable.

G. All insurance coverage obtained by the Contractor shall continue in full force and effect during the Contract Term.