1. Grease IFB 696-FD-26-B047.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: 2 Statutory Cite : 34 Texas Administrative Code 20.82

1) Solicitation Number:

696-FD-26-B047

2) Issue Date: 3) Deadline: October 19, 2026

September 21, 2026 3:00 p.m. CT

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

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 requires a Contractor to provide all necessary labor, equipment, vehicles and Services, and otherwise do all things necessary to provide industrial vactoring and pumping and cleaning disposal Service(s) for the grease interceptor systems at multiple TDCJ facilities to maintain compliance in accordance with all local, state, and federal wastewater regulations.

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

September 21, 2026 Issue Solicitation

September 24, 2026 10:00 a.m. CT Pre-Bid Conference

September 30, 2026 12:00 p.m. CT Deadline for written questions for clarification to the Department (See Section L.1, Discussions, Corespondence, and Amendments to the Soliitation)

October 12, 2026 3:00 p.m. CT Deadline to submit responses to clarification questions to the Department.

October 19, 2026 3:00 p.m. CT Deadline for the Department receipt of Bids.

Late BIDS will not be accepted.

December 1, 2026 Service Commencement Date

In compliance with Texas Government Code, 2161.252, it has been determined there is not a probability Subcontracting opportunities available for this Solicitation and the completion of the State of Texas Subcontracting Plan will not 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 ALLOWABLE COSTS

B.4 NON-ALLOWABLE COSTS

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………

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……

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.2.1 Insurance

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…………………

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) ... 34

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…………………………………

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K.1 RESERVED FOR FUTURE USE

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.

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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.

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

Cleaning and Pumping - The standard when the regular grease trap service trucks use a water pressure nozzle to clean and break up the grease and utilize the trailer mounted pumping equipment to pull the grease from the trap.

CFR - Code of Federal Regulations.

Dispose/Disposal - the placement of waste in a facility permitted to treat, recycle, or otherwise destroy the waste in a manner prescribed by federal and state environmental regulations found in Title 40 of the CFR and Title 30 of the TAC.

Disposal Facility - a facility acceptable to the TDCJ where the owner or operator of the facility agrees to receive the waste and the facility has written authorization from the TCEQ by permit or registration to receive Grease Trap Waste.

DOT - the Department of Transportation.

EO - Executive Order.

EPA - the Environmental Protection Agency.

FSC - the Texas Forensic Science Commission.

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

Fats, Oils, and Greases (FOG) - organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases”.

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FDED - Facilities Division Environmental Department.

Grease Trap - a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils and greases, prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system.

Grease Trap Waste - material collected in and from a grease trap/interceptor in the sanitary sewer line of a commercial, institutional or industrial food service or processing establishment, including the solids resulting from de-watering processes.

OSHA - Occupational Safety and Health Administration.

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

QA/QC - Quality Assurance/Quality Control.

SAO - State Auditor’s Office.

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

Storage - the holding of Grease Trap Waste for a temporary period, at the end of which the Grease Trap Waste is destroyed as prescribed by the Title 40 CFR and Title 30 TAC.

TAC - Texas Administrative Code.

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

Transporter - a person who conveys or transports Grease Trap Waste by truck, ship, pipeline or any other means.

Trip Ticket - a record of each collection and disposal of wasted, as required by 30 TAC 312.145(a), also known as a manifest.

Undedicated Loads - the hauling of TDCJ Grease Trap Waste on the same transport as waste from other generators. In general, it means that the Contractor can haul TDCJ waste in the same truck as waste from non-TDCJ locations after receiving approval from the Department.

Vactor Truck - (short for vacuum truck) is a heavy-duty industrial vehicle that acts as a giant vacuum and high-pressure water system. It uses powerful pneumatic suction to pull liquids, sludge and debris out of underground pipes, catch basins, and manholes, while using water jets to clean lines and break up blockages.

Vactor/Vactoring - the actual vacuuming of the grease solids from a grease trap.

Section B

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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 labor, equipment, vehicles, and Service(s), and otherwise do all things necessary to provide Vactoring and pumping and cleaning disposal Service(s) for the grease interceptor systems at multiple TDCJ facilities 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 Services required and be included in the Price per Gallon (Disposal). The price for various Vehicles/Equipment, and Labor shall be included as separately priced charges. Emergency Service(s) include but are not limited to Diagnosis, Repair, (Vactoring/Pumping and Cleaning) Disposal, various Vehicles/Equipment, and Labor and shall be included as a separately priced charge.

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 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policy, and federal cost standards. The Department shall make the final decision on the allowance or acceptability of a cost.

B.4 NON-ALLOWABLE COSTS

The proposed budget shall not include costs that are not allowed by the State or any authorized agency, statute, policy, or procedure. Types of non-allowable costs may include; but are not limited to: participation incentives; staff incentives; staff leave buy backs; alcoholic beverages;

food or beverages for staff, volunteers or guests; entertainment costs for staff or guests; gifts;

firearms; consultant fees; legal services; bad debts; fundraising; political lobbying; and tobacco products.

Section C

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SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The Department is seeking bids from Contractor(s) to provide Services at all facilities within one or multiple regions within the state. The primary objective is to remove all accumulated fats, oils, and grease (FOG), solid waste, and debris, to ensure the system operates at optimal efficiency, prevent sewage backups and maintain compliance with all local, state and federal wastewater regulations.

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 transport, store, treat, analyze, dispose or otherwise handle the Grease Trap Waste 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 furnish all labor and equipment to remove, collect, transport and dispose of the Texas Department of Criminal Justice (TDCJ) Grease Trap Waste. The TDCJ labor and equipment will not be used to assist in the removal of Grease Trap Waste.

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 collection, transportation and disposal of these wastes shall be handled in a safe, environmentally sound manner, complying with all applicable local, state, and federal laws and regulations. Registration by the transporter and disposal facility is required with the Texas Commission on Environmental Quality (TCEQ) to collect and transport Grease Trap Waste to be processed at a permitted facility or disposed of at a Type 1 Permitted Landfill.

E. The landfill/processing facility’s registration and the Contractor’s permit to utilize those facilities must be provided upon request.

F. 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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G. The Contractor shall comply with Texas Administrative Code, Chapter 312.143 concerning transporter’s delivery requirements and full pump-out requirements that state: Transporters shall deposit wastes at a facility designed by or acceptable to where the owner or operator of the facility agrees to receive the waste and the (Texas) facility has written authorization by permit or registration issued by the Executive Director to receive the waste.

In this regard, “Authorization by the Executive Director” means the Executive Director or Commission has given its approval by rule, permit, letter or other documentation that identifies the individual facility or class of facility to receive that specific waste of class of waste.

H. The Contractor shall provide a schedule on the 1st of every month to tdcjenv@tdcj.texas.gov for the facilities that will be Serviced during that month. It is imperative that The Facilities Division, Environmental Department (FDED) to be point of contact to announce and notify the units of the arrivals and intended arrival/schedule from the provided schedule. If the Contractor is unable to meet the scheduled visit, they shall provide 24-hour notice to the FDED at (936) 437-7247. Additionally, Services may be called in by FDED on a case-by-case basis if needs become emergent. Deep cleaning trap services should be identified on the schedule when sent.

C.3.1 Specific Requirements and Obligations

A. Each grit or grease trap shall be fully evacuated and properly manifested on a will call basis coordinated by the FDED and the Unit Maintenance Supervisor, or on a 90-day schedule as required by city statutes.

B. The Contractor is required to fully evacuate the Grease Trap Waste unless the trap volume is greater than the tank capacity on the vacuum truck, in which case, the transporter shall arrange for additional transportation capacity so that the trap is fully evacuated within a 24-hour period in accordance with TAC, Title 30, Part 1, Chapter 312, Subchapter G § 312.143 (c).

C. Service(s) shall be provided Monday through Friday between the hours of 7:00 AM – 11:00

AM (CT) or as coordinated between the FDED, the Unit Maintenance Supervisor and the Contractor Dispatcher. The Contractor shall notify the facility being Serviced 24-hours prior to arriving. Exceptions will be authorized on a case-by-case basis. When scheduling a facility with multiple grease traps, it will be required to schedule all grease trap evacuations within five calendar days.

D. At minimum, an annual ‘deep clean per trap’ is required, the Contractor shall furnish all management, labor, tools, equipment specifically, vactor trucks, hydro-jetting equipment, bobtail trucks, additional truck and trailer(s) and supplies necessary to perform the required Services. The ‘deep clean per trap Services’ is defined as the complete vactoring and cleaning of the exterior grease interceptor system as described in the project Statement of Work.

E. If Service(s) not identified in this Scope of Work are required, written request must be received from the Contractor prior to any work being performed. Written approval or denials will be issued by FDED on a case-by-case basis.

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F. Grease Trap Waste is to be processed at a facility designated by or acceptable to the TDCJ Program Supervisor or designee where the owner or operator of the facility agrees to receive the wastes and facility has written authorization by permit or registration issued by the executive director to receive wastes in accordance with TAC, Title 30, Part 1, Chapter 312, Subchapter G, § 312.143(a).

G. Manifests must be signed by the Unit Maintenance Supervisor or his/her designee. After disposal, the manifest shall document the volume of waste removed from each trap, the disposal date and the disposal site that was utilized in accordance with TAC, Title 30, Part 1, Chapter 312, Subchapter G, § 312.145. The completed manifests shall be submitted within five working days to:

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

Manifest shall not be changed or modified after approval by agency personnel.

H. 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. Services cannot be interrupted for nonpayment of amounts that have been properly disputed by the TDCJ in accordance with Texas Government Code, Section 2251.042.

I. 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.

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.

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C.5 TRANSPORTATION

A. 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.

B. The Contractor must receive approval from the TDCJ Program Supervisor or designee before transporting Department Grease Trap Waste on Undedicated Loads.

C.6 RECORD KEEPING/RETENTION

The Contractor shall record each collection and disposal of Grease Trap Waste on a Trip Ticket that must be divided into five parts in accordance with TAC, Title 30, Part 1, Chapter 312, Subchapter G, § 312.145.

A. At the time of Grease Trap Waste collection, document the “Generator” and “Transporter” portion of the Trip Ticket. The Trip Ticket shall record the date of Service, the maximum capacity of the Grease Trap Serviced, and the number of gallons removed from the Grease Trap. A TDCJ facility representative must sign the Trip Ticket. Provide one copy to the TDCJ facility representative.

B. Deliver the Grease Trap Waste to an approved disposal facility. Record the disposal facility information on the Trip Ticket. Have the completed Trip Ticket signed by the disposal facility representative. Leave a copy with the disposal facility representative.

C. Return a copy of the completed Trip Ticket to the TDCJ Program Supervisor or designee within

15 days after the waste is accepted by the disposal facility.

D. Keep one copy for your records and make this copy available to TCEQ upon request. Follow all record retention policies of the TCEQ and the Department.

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

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

Facilities Environmental

Department

1st of every month Schedule of units to be serviced that month

Section C.3.H

OTHER

Facilities

Environmental Department

Within Five Working Days Completed/Signed Manifest

Section C.3.1.G

TDCJ Program Supervisor or designee

Within 15 days of Service Copies of Trip Ticket(s) Section C.6.C

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 nine-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 December 1, 2026 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 nine 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 III (936) 437-3839.

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 assigned 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 services included multiple trap 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.

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 mailto:patricia.brady@tdcj.texas.gov

696-FD-26-B047 Page 20 of 49 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 Services, Rental period (if applicable);

6. Descriptions and quantities of Services rendered;

7. Details of Service(s) locations and the quantity of Grease Trap Waste Removed.

8. Quantity of hauls, description; price and manifest of Services being billed with unit and extended cost provided;

9. Prompt payment discount; and

10. Supporting Documents.

D. The Contractor’s supporting documentation shall include the following information:

1. A photocopy of the completed Trip Ticket(s) as described in Section C.6, Record Keeping;

2. Disposal site profile(s); and

3. A photocopy of lab analytical data.

E. 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.

F. 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.

G. 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”.

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

I. 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

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

K. 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, or any money determined to be due as 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.

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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.

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, Description/Specifications/Work Statement, 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…