1-RFP 306-25-0067 Archival Supplies Final .docx

Texas State Library and Archives Commission RFP # 306-25-0067

Archival Supplies Catalog request for proposal

RFP # 306-25-0067

Archival Supplies Catalog NIGP Class/Items: 125-25, 125-75, 525-00, 525-05, 525-30, 525-40, 525-70, 525-80

Schedule of Events

Solicitation Posted Date:

07/22/2025

Pre-Submittal Conference:

07/29/2025: 11:00 AM CT

Vendor Questions Due:

07/31/2025; 5:00 PM CT

Answers Posted to ESBD:

08/05/2025

Response Due Date:

8/12/2025; 2:00 PM CT

Expected Contract Award Date:

September 2025

Purchasing Department, Room # 309 1201 Brazos Street Austin, TX 78701

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to the solicitation prior to submitting a response. The respondent’s failure to periodically check the ESBD will in no way release the selected Vendor from addenda or additional information, resulting in additional costs to meet the requirements of the solicitation.

Table of Contents

Texas State Library and Archives Commission RFP # 306-25-0067

Archival Supplies Catalog

Section I General Information Introduction The Texas State Library and Archives Commission (TSLAC) is soliciting proposals from qualified vendors to establish a multi-year contract for catalog discount pricing on archival storage materials, equipment, machinery, and related supplies in accordance with the specifications outlined in this solicitation.

Products shall be provided to TSLAC in the Archives and Information Services (ARIS) Division at TSLAC Headquarters, 1201 Brazos Street, Austin, TX 78701.

Background The Texas State Library and Archives Commission (TSLAC), As authorized by Texas Government Code Chapter 441.223, is the designated agency for preserving and storing Texas Archival records. To meet this need, unique safeguards, materials, and equipment are needed. These supplies are essential for the long-term preservation, storage, and protection of historical documents, photographs, and other archival materials managed by the agency.

Prohibited Communication Contact: All requests, questions, and other communications about this solicitation shall be made in writing through the e-Procurement portal or to TSLAC’s Purchasing Department, addressed to the following assigned Purchasing Team Member:

Texas State Library and Archives Commission Attn: Purchasing Department, Room #309 1201 Brazos Street Austin, TX 78701 Email: fhuber@tsl.texas.gov Phone: 512/936-2774

Phone: 512/463-5487

0. Prohibited Communications: Upon posting of this solicitation, TSLAC, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondents or their representative(s), except for the written inquiries described in Section III, Subsection 3. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify any subsequent response to this solicitation. Respondents may rely only on written statements from TSLAC’s Purchasing Team. This restriction does not prevent affected parties from discussing business-related matters unrelated to this solicitation.

Solicitation Method and Intent The Request for Proposal (RFP) solicitation allows qualified respondents to submit a written proposal addressing the requirements of this solicitation, qualifications, experience, approach, and other factors needed to provide the specified products and/or services. TSLAC will review, compare, and evaluate responses based on the criteria and weights specified in this solicitation.

It is TSLAC’s intent to identify qualified vendors and award multiple contracts for the products included in this solicitation based on the response(s) that present the best value and best meet the business needs of TSLAC.

TSLAC reserves the right to add or delete products and/or services from awarded contracts during the contract period without re-solicitation as new or improved products emerge, or the business needs of TSLAC change. The additions or deletions will be mutually agreed upon with a written amendment to the contract.

Contract Term Initial Contract Term: The initial contract term shall commence upon contract execution or as otherwise indicated in the intent to award notice and continue through August 31, 2025, unless sooner terminated under the terms of this contract.

Contract Renewals: The contract may be renewed for an additional four (4) one-year periods, provided both parties agree to do so, prior to the expiration date. Any renewals shall be at the same terms and conditions, plus any approved changes.

Contract Extensions: In the event that the contract(s), if any, resulting from the award of a solicitation shall terminate or be likely to terminate before the making of an award for a new contract for the identified products and/or services, TSLAC may, with the written consent of the awarded Contractor(s), extend the contract for a period of time as may be necessary to permit TSLAC continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

Termination: The contract shall terminate upon full performance of all requirements contained in the contract unless otherwise terminated, extended, or renewed, as provided in accordance with all the contract terms and conditions.

Amendments: The contract may be amended in writing by mutual consent of the parties.

Estimated Quantities Estimated Quantities: Quantities specified in this contract are estimates only. TSLAC does not guarantee any minimum or maximum quantity of products/services or allocate any specific dollar amount on any contract that may result from this solicitation. TSLAC reserves the right to increase or decrease quantities of products and/or services, as needed, for the same price. TSLAC will only pay for actual products/services provided within the contract term.

Varying Factors: The quantity of items that fulfill the needs may vary from each year or contract term, making it difficult to predict future quantities.

Any quantities specified herein shall not be construed as a minimum or a maximum quantity that TSLAC may order.

Adding New Products/Services to Contract After Award Where found to be in the best interest of TSLAC, the resulting contract may be amended in writing to provide additional products. Provided that such additional products are within the original scope and intent of the solicitation.

Following the contract award, additional products of the same general category that could have been included in the award of this contract, and that are not already on the contract, may be added. TSLAC will send the Contractor a formal written request for a quote on the proposed additional products not offered in the current catalogs.

The TSLAC Purchasing Department will execute a written amendment for additional products not included in the current catalog.

Price Adjustments Extension Period Pricing: A price escalation may be allowed upon contract renewal, provided the Contractor provides the updated current catalog to the TSLAC Purchasing Department, in writing, a minimum of sixty (60) days prior to renewal, and TSLAC accepts the price escalation.

Price Decreases: Price decreases will be allowed at any time. The Contractor shall apply price decreases as soon as practicable following their determination. Any price reductions passed on to other customers through the catalog shall be correspondingly offered at the same ratio to TSLAC. The Contractor’s failure to promptly notify TSLAC of such industry-wide price decreases may constitute a breach of contract, and the contract may be terminated. TSLAC reserves the right to award any terminated contract to the next lowest responsive respondent or re-solicit, whichever is in TSLAC’s best interest.

Modification of Contract Terms and/or Amendments The terms and conditions of the contract shall govern all transactions under the Contract.

The Contract may only be modified or amended upon mutual written agreement of the Texas State Library and Archives Commission and the Contractor.

Additional terms and conditions may be incorporated into this Contract, provided that the additional terms or conditions do not conflict with any provision of the Contract. No additional term or condition may conflict with or diminish a term or condition of the Contract. Any additional terms or conditions agreed to by TSLAC and the Contractor will be included as an appendix to the Contract. In the event of a conflict between the Contract and the Contractor’s terms and conditions, the TSLAC Contract terms and conditions shall control.

Definitions

Additional Terms and Conditions These terms and conditions apply to the solicitation:

Terms and Conditions Attached to Response – Any terms and conditions attached to a Response will not be considered unless specifically referred to and incorporated into the Response.

Texas Bidder Affirmation – Respondent certifies that if a Texas address is shown as the address of the respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

Vendor Representations - References to the “representations” of the contractor include, without limitation, all representations, warranties, guarantees, certifications, and affirmations of the contractor when submitting a response to this solicitation. By submitting a response, the contractor makes all of the representations included in the solicitation and agrees that all representations are material, true, and correct. Respondent acknowledges that TSLAC relies upon Respondent’s representations when awarding a contract. The Contractor must promptly notify TSLAC if any representations are no longer true or correct. If the Contractor does not promptly notify TSLAC as provided under this section, TSLAC will pursue all available remedies under this contract, including contract termination.

Section II Statement of Work and Specifications

1. Requested Products and Services The Contractor shall provide the following products and/or services:

The catalog should offer items suitable for archival preservation use, including but not limited to acid-free material, non-reactive enclosures, and long-term durability.

1.1.1. The catalog should offer specialized equipment used in the handling, examination, and preservation of delicate archival materials to ensure their long-term integrity and prevent damage during routine access and processing.

1.1.2. The products offered in the catalog must include one or more of the referenced items in Section II, Subsection 1.1.4. below. Additional archival/preservation products may be offered in the catalog throughout the term of the contract and must meet the specifications outlined in this solicitation.

Referenced items represent supplies commonly used by the TSLAC. Quantities specified were calculated for the life of the contract estimates and provided for reference only. Note that the agency may request additional or custom archival products not listed based on the project needs. Respondents should include the unit of measure (UOM) products are sold. Please refer to Section I, Subsection 6 concerning estimated quantities. The list is provided below:

Ordering Process/Online Marketplace

1.1.3. Orders must be submitted using an online marketplace or with the submission of a TSLAC purchase order (PO).

(A) The online marketplace must provide a mechanism for the agency to input a purchase order number.

(B) The online marketplace must allow users to search for products using multiple methods, such as keyboard, part number, category, etc.

(C) The online marketplace must allow for shipment to multiple locations and allow the user to manage the address book for each shipping location.

1.1.4. Quoted pricing must be firm for a minimum of 30 days. However, the preferred time frame is 60 days.

1.1.5. Offered discounts must be reflected at the time of order. Discounts may be offered as a discount code that may be applied to an online shopping cart, automatically applied to the agency’s online account, or shown on a requested quote.

1.1.6. All orders will be paid upon receipt of an invoice with Net 30 terms, and the invoice must be sent to our Accounts Payable email address as specified on the PO.

1.1.7. If a product requires special shipping, that information must be included on the online marketplace or the quote, including any applicable fees. Example of special shipping would be oversized products.

1.1.8. If an online marketplace is offered, tracking information for the submitted order is preferred.

1.1.9. The agency is tax-exempt. The online marketplace or quote should reflect that tax has not been applied to our order.

Product Requirements Condition of Product: New products ONLY. No re-manufactured or “gray market” items. All items must be covered by the manufacturer’s warranty. The Respondent is cautioned that any unit delivered to the FOB location that does not meet the specifications in every aspect will not be accepted.

All Parts: The Contractor shall furnish all parts not specifically mentioned that are necessary for the product to be complete and ready for operation or that are normally furnished as standard equipment. All parts shall conform in strength, quality, and workmanship to the accepted industry standards.

Manuals: Manuals containing illustrated parts lists and instructions shall be delivered with the requested product(s). The manuals shall outline all necessary service and operating instructions for the product and provide necessary warnings and safety precautions.

Warranty: The product shall be covered by the standard manufacturer’s warranty. Warranty details shall be provided with the delivered product(s). Warranty details must include information on the coverage of parts, labor, response times, replacement terms, and other services offered. The warranty period should be specified and will not begin until the product has been delivered, inspected, and accepted by TSLAC.

Delivery and Acceptance Freight Charges: The agency prefers shipping to be Free on Board (FOB) Destination; therefore, unit prices should include all shipping, handling, and fuel surcharges and delivery fees.

Delivery Locations: Delivery may occur at one of the two locations listed below. However, TSLAC may add additional locations throughout the contract term.

Receiving Dock, G-007 Austin, TX 78701 Yes

Liberty, TX 77575 No

Delivery Schedule: Delivery should be within 30 days upon receipt of a PO or online order. PO(s) will include information concerning any deadlines for delivery based on funding used in a given fiscal year.

Delivery Delays: If a delay is foreseen, the Contractor shall give written notice to TSLAC and must keep TSLAC advised at all times of the order's status. Default in promised delivery days after receipt of order (ARO) without acceptable reasons or failure to meet specifications authorizes TSLAC to purchase goods and/or services of this contract elsewhere and cancel the delayed order without penalty.

Compliant Products: Satisfactory delivery does not occur until the Contractor delivers products in full compliance with the specification to TSLAC’s unless delivery is specifically accepted, in whole or in part, by TSLAC. Providing products that do not meet all specification requirements does not constitute satisfactory delivery. TSLAC reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.

Acceptance: All products ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than five (5) business days. The Contractor will be notified within this time frame of any received products that do not meet full compliance with the specifications.

Return Policy: The Contractor must have a return policy for damaged or incorrect products. If a delivered product arrives damaged, the agency will contact the Contractor and request either a replacement or refund for the damaged products. If the agency receives an incorrect product, the agency will contact the Contractor for a return shipping label at no cost to the agency. If a product is correct and not damaged, the Contractor may specify their return policy and any restocking fees that may apply.

Contractor Responsibilities The Contractor shall:

Upon contract award, designate a point of contact department or representative. This group or individual will assist in answering questions related to products, quote requests, and other inquiries.

Provide catalog discount pricing for all qualifying items throughout the term of the contract.

Provide updated catalogs or update the online marketplace catalog as new items become available or discontinued items are removed.

Fulfill orders upon receipt of PO or online marketplace order. Phone orders will not be recognized as authorized by TSLAC.

Provide tracking information for the submitted order either online or upon acceptance of PO.

Provide products in accordance with the requirements specified herein and the resulting contract(s) and adhere to the TSLAC General Terms and Conditions and any federal terms and conditions, if attached.

Comply with all laws, ordinances, statutes, and regulations pertaining to the products and sale of products required by State or Federal Law.

TSLAC Responsibilities The TSLAC will:

Upon contract award, designate a TSLAC point of contact; this individual will monitor the contract and assist the Contractor with any questions it may have.

Coordinate with the Contractor with all order activities, from product selection, quotes, order submission, delivery, tracking, inspection, acceptance, and payment.

Not furnish materials, labor, equipment, or facilities unless otherwise specified in this solicitation or the resulting contract.

Qualifications and Experience Respondent shall meet the following minimum qualifications and experience to be eligible for consideration.

Minimum Qualifications

1.1.10. Respondent shall be in the business of providing Archival storage materials, equipment, machinery, and related Archival supplies, with a minimum of two (2) years of experience providing products specified within this solicitation; Recent start-up businesses do not meet this requirement. Refer to Section I, Subsection 10 for a definition of a start-up business.

1.1.11. Respondent shall have available the necessary qualified personnel, skills, organization and facilities, equipment, and supplies to fulfill the requirements under this solicitation and any resulting contract.

1.1.12. Respondent shall be in good financial standing. TSLAC reserves the right to request a copy of the respondent’s audited or unaudited financial statements.

Note: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has a history of expertise.

Assigned Key Personnel Respondents shall provide the following key personnel:

1.1.13. Account Manager

1.1.14. Customer Service

Company References Respondent must provide a minimum of three (3) references for projects completed by the company within the last two (2) years and similar in scope. Respondent must complete the form provided in Appendix B or provide a reasonable facsimile.

All requested information is required. The Respondent may not use TSLAC staff as a reference.

Subcontractors Subcontractors providing services under an awarded Contract shall meet the same requirements as required of the Contractor. No subcontract under this Contract shall relieve the Prime Contractor of responsibilities for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work must identify the proposed subcontractors in their response. The definition of a subcontractor is provided in Section I, Subsection 10 of this solicitation.

TSLAC expects the Prime Contractor to be responsible for contract performance and payment under this Contract, whether subcontractors are involved. If subcontractors will be used during the project's implementation, the Contractor shall provide documentation that the subcontractor meets the same mandatory qualifications listed in this solicitation.

Historically Underutilized Business Subcontracting Plan (HSP) It is the policy of the TSLAC to promote and encourage contracting and subcontracting opportunities for the State of Texas HUBs in compliance with Texas Government Code, Chapter 2161, Subchapter F and 34 Texas Administrative Code §20.285. Eligible Respondents are encouraged to become HUB certified. More information about HUB certification is located here: https://comptroller.texas.gov/purchasing/vendor/hub/certification-process.php It has been determined by TSLAC that the HSP is not required for this procurement based on the estimated overall cost.

Contract Monitoring TSLAC will continuously review and check the Contractors' performance and certify whether the Contractors' invoices are accurate with the products provided. Payment(s) will not be made until all products are accepted by TSLAC.

Administration of the contract is a joint responsibility of the TSLAC Archives and Information Services (ARIS) Division and the TSLAC Purchasing Team. The TSLAC Purchasing Team administers the contractual business relationship with the Contractor. Upon contract issuance, TSLAC will designate an individual who will serve as the point of contact between the agency and the Contractor. The point of contact does not have any express or implied authority to vary the terms of the contract, amend the contract in any way, or waive strict performance of the terms and conditions of the contract. This individual’s project management and contract administration responsibilities include, but are not limited to:

Monitoring the Contractor’s progress and performance and ensuring services conform to established specification requirements.

Managing the financial aspects of the contract, including approval of payments.

Meeting with the Contractor to schedule service.

Reviewing progress, discussing problems, and considering necessary action as needed throughout the term of the contract.

Identifying a breach of contract by assessing the difference between contract performance and non-performance.

Submitting the Vendor Performance Report for contracts with an overall value of $25,000 or more to the CPA’s Vendor Performance Tracking System (VPTS). http://www.txsmartbuy.com/vpts Other areas as identified in the State of Texas Procurement and Contract Management Guide, current edition.

Invoice and Payment The following procedures apply to invoicing and payment. Payments will be processed per the Texas Prompt Payment Act and will exclude sales tax. More information is provided in the General Terms and Conditions (Section IV).

Contractor to submit invoices to:

Texas State Library and Archives Commission Attn: Accounts Payable PO Box 12516 Austin, Texas 78711 Phone: (512) 463-5471 or e-mail: AP@tsl.texas.gov Invoice must include:

1.1.15. Name of Contractor, Texas Identification Number, and correct “Remit to” address

1.1.16. Name of State Agency (Receiving entity)

1.1.17. Contract/PO Number

1.1.18. Description of products provided and date period

1.1.19. Quantity, Unit, Price; All prices should be extended on the invoice

1.1.20. Total price

1.1.21. Discount, if applicable, extended and deducted to arrive at the Net Total for invoice

1.1.22. Attach supporting documentation, if required

Payment Schedule:

1.1.23. Payment will be provided upon delivery of the requested product(s). The Contractor will provide an invoice upon delivery.

1.1.24. The Contractor will be paid for commodities delivered and as invoiced. If the parties agree to another payment mechanism, the Contractor will be paid in accordance with the agreement approved by the parties.

1.1.25. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of products and/or services ordered; whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days, or the Contractor may charge a late payment fee per the Texas Prompt Payment Law.

1.1.26. Payments for product(s) and services purchased with state-appropriated funds will be made through state warrants issued by the Texas Comptroller of Public Accounts. Qualified ordering entities will be paid through the entity's local payment system.

Section III Response Instructions

1. Schedule of Events TSLAC intends to proceed according to the following schedule. These dates represent a tentative schedule of events and TSLAC reserves the right to change the dates. TSLAC will notify prospective Respondents of changes to the Schedule of Events by posting an Addendum on the ESBD.

Event

Date/Time

Solicitation Posted Date:

07/22/2025

Pre-Submittal Conference:

07/29/2025: 11:00 AM CT

Vendor Questions Due:

07/31/2025; 5:00 PM CT

Answers Posted to ESBD:

08/05/2025

Response Due Date:

8/12/2025; 2:00 PM CT

Expected Contract Award Date:

September 2025

Interested Respondents are responsible for checking the ESBD for all updates and changes to the Schedule of Events.

Note that TSLAC is closed on the following dates and will not be available: https://www.tsl.texas.gov/holiday-closings. Refer to the agency calendar for more details on agency closures.

Pre-Submittal Conference The pre-submittal conference will be held on the date and time specified in Section III, Subsection 1 above. The pre-submittal conference is not mandatory. However, Respondents are strongly encouraged to attend as important information regarding solicitation and response requirements will be discussed. Participants will have an opportunity to ask questions during the conference. However, verbal responses provided by the agency are not binding until confirmed by the agency as a posted addendum.

The pre-submittal conference will be held via web conference. Participants will be required to register to document their participation in the conference. For individuals who enter the meeting via phone, participants should message the host with their name.

https://us02web.zoom.us/meeting/register/8G1OPLofRi-xMYST2gC5Iw After registering, you will receive a confirmation email containing information about joining the meeting.

TSLAC will post all questions and answers from this pre-submittal conference to ESBD.

Inquiries Clarifications: All questions or requests for clarification of this solicitation must be submitted in writing through the e-Procurement portal or to the assigned TSLAC Purchaser’s e-mail. Questions will be collected by the due date specified in Section III, Subsection 1. Questions should be submitted in the following format:

2.1.1. For emailed questions: the subject line must state “Questions concerning Solicitation # 306-25-0067”

2.1.2. Reference to the Section number, Subsection number, and page number on the solicitation

2.1.3. Question

Deadline: Questions must be submitted no later than the date and time listed in Section III, Subsection 1 above.

Answers to Questions: TSLAC will post all questions and answers as an Addendum to the solicitation on the ESBD no later than the date listed in Section III, Subsection 1 above. It is the Respondent’s responsibility to view these questions and answers; TSLAC is not required to send a notification email when the Addendum is posted.

Response Submission TSLAC has an e-Procurement Portal that will accept submission of the electronic response to this solicitation.

Submission Instructions:

2.1.4. Respondent sha upload response content using the TSLAC e-Procurement Portal. The link is found at: https://tsl.bonfirehub.com/portal/?tab=openOpportunities

2.1.5. VENDOR REGISTRATION REQUIRED: Prior to submitting your response, Respondents are required to register in the e-Procurement Portal. Registration is free and easy. Using this link (https://tsl.bonfirehub.com/portal/?tab=login) under the New Vendor Registration section, click on the “Create your free Bonfire account.” Registration will allow Respondents to submit their response to this solicitation.

(A) When registering, have your Texas Vendor ID number, DUNS, and W-9 form ready.

(B) If Texas ID number is unknown, enter the Federal Employer Identification Number.

2.1.6. Respondents will be able to modify their submissions up to the Response Due Date in the e-Procurement Portal.

2.1.7. Emailed, telephone, or faxed Responses will not be considered.

2.1.8. Interested Respondents are encouraged to register in advance and submit their intent to bid notification (if requested) on the e-Procurement Portal.

Submission Support:

2.1.9. The TSLAC e-Procurement Portal is compatible with the following browsers: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Browser cookies and Javascript must be enabled on the browser. Submission by other methods will not be accepted.

2.1.10. Respondents should contact Bonfire at support@gobonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

2.1.11. Support through Bonfire or TSLAC is not guaranteed one hour prior to the submission due date. Interested Respondents are encouraged to begin the submission process one week prior to the bid due date. This allows time to troubleshoot any submission issues.

Response Content and Requirements Below is a summary of the required and requested information for the proposal (Response). Responses submitted without this information will be evaluated accordingly. TSLAC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State.

General Response Format:

2.1.12. The maximum upload file size is 1000 MB. Documents should not be embedded within the uploaded files, as the embedded files will not be accessible or evaluated.

2.1.13. Response Checklist – Respondents should use Attachment 1 as a tool to ensure that all content is formatted appropriately for submission; the Response must address all criteria listed in Response Checklist.

Required Response Content:

Respondent MUST include the following documents and information in their Response submission. Failure to submit the listed documents in the Response will result in disqualification.

2.1.14. Solicitation Coversheet—Include a completed, signed, and dated Appendix A. Respondents must enter their Texas Identification Number (TINS), full company name, and address. This document must be signed to be considered a valid bid. Unsigned solicitation coversheets will result in the Response being disqualified.

2.1.15. Confidential Information Form – Include completed Appendix E if the Response contains confidential information as specified in Section III, Subsection 6 of this solicitation. If confidential information is not included within the Response, the form must be submitted and marked “N/A” or left blank.

2.1.16. Terms and Conditions Exceptions – Include Appendix F with the Response; If the Respondent takes any exception to any terms and conditions listed in this solicitation, these exceptions must be specifically and clearly identified by Section in the submitted Response, and the Respondent must propose alternative language with their Response. If the respondent does not have any exceptions, the form should be marked and submitted with “None” or left blank.

2.1.17. Company Profile – Include the completed Company Profile using Appendix B.

2.1.18. Company References – Include a minimum of three references as specified in Section II, Subsection 6.3 using Appendix B.

2.1.19. Technical Proposal – Include completed Appendix D; Respondent shall provide a technical proposal of the proposed product(s)/service(s) for this project. This document must include a list of the key personnel that will be assigned to this project. Supporting documentation will include their resumes with their qualifications and experience in similar projects; and the certification that the deliverables schedule will be met. If subcontractors are used, the Technical Proposal should list the subcontractors used and their role in the project. Refer to Appendix D for details and required content needed for the technical proposal.

2.1.20. Offer Worksheet – Include a completed Appendix C or reasonable facsimile; All offered discounts must be outlined and provided. Additional information will be requested with this document and must be provided in response.

2.1.21. Product Catalog – Either an online link or a hard copy. Submission details provided in Appendix D .

Additional Response Content:

The Respondent must include the following additional documentation in their Response submission or within one (1) business day of TSLAC request. Failure to submit this additional documentation by the TSLAC-designated deadline may result in disqualification.

2.1.22. TSLAC Addenda, if applicable—Include signed addenda generated as part of the solicitation; addenda will be posted on the ESBD. The signed and dated addenda provide acknowledgment of receipt from the Respondent Response Requirements:

2.1.23. Respondent’s documentation provided with Response must be complete and comprehensive. TSLAC will not be responsible for locating or securing information not included in the submitted Response. Failure to furnish required documentation with the Response may result in the Response being deemed non-responsive or incomplete.

2.1.24. TSLAC will not be responsible for any expenses related to Responses or the Respondent’s development of documentation that may result from this procurement. Respondents are responsible for all costs associated with preparing a response to this solicitation.

2.1.25. All Responses must be received and time stamped by the date and time specified in Section III, Subsection 1. The date and time stamp will be determined by the submission date and time documented in the e-Procurement Portal.

2.1.26. Late, illegible, incomplete, and otherwise non-responsive Responses will not be considered.

2.1.27. TSLAC reserves the right to reject any and all Responses received and to cancel this solicitation in part or in its entirety. This solicitation in no way obligates TSLAC to award a contract.

2.1.28. Responses cannot be altered or amended after the solicitation deadline or due date. No Response can be withdrawn after the solicitation deadline or due date without the TSLAC Purchasing Department’s approval based on the Respondent’s acceptable written request.

2.1.29. All submitted Responses become the property of TSLAC after the solicitation deadline/due date. Awarded Responses may be posted with a copy of the contract on the TSLAC website. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TSLAC, whichever is earlier.

2.1.30. Respondents must comply with all rules, regulations, and statutes relating to Purchasing in the State of Texas, in addition to the other requirements of this solicitation.

2.1.31. Any terms or conditions attached to the Response will not be considered unless specifically requested within the solicitation. Submission of unsolicited terms and conditions may result in disqualification of Response.

2.1.32. ALL RESPONSES MUST BE SIGNED AND DATED BY A PERSON AUTHORIZED TO BIND THE COMPANY IN A CONTRACT. FAILURE TO SIGN AND DATE THE SOLICITATION COVERSHEET WILL RESULT IN THE DISQUALIFICATION OF A SUBMITTED RESPONSE.

Texas Public Information Act Responses will be subject to the Texas Public Information Act (PIA) per Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Some information in responses may be excepted from required public disclosure under the PIA, such as trade secrets and certain commercial or financial information. Respondents are responsible for reviewing the PIA and understanding how it applies to any information submitted under this solicitation.

The determination of whether information is confidential and not subject to disclosure under the PIA is the duty of the Office of the Attorney General (OAG).

Respondents are advised to consult with their legal counsel concerning disclosure issues that could result from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

If the Response to this solicitation contains information which the Respondent claims is confidential and not subject to release under the PIA, the Respondent must prepare and submit the following information with the original Response to the solicitation. Any information not marked as confidential will be released under the PIA if requested.

Respondent must list any confidential information in Appendix D and submit a PDF copy of the Response with all information claimed as confidential redacted or blacked out.

In compliance with Texas Government Code §2261.253, all executed contracts by TSLAC will be posted on the TSLAC website but certain confidential information may be redacted. All responses to the solicitation and any communication with TSLAC are subject to the PIA requirements. The full text of the PIA is available at: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm.

Evaluation and Award Withdrawal of Response: Responses may be withdrawn by written notice of the Respondent at any time prior to the solicitation due date. Notice may be sent via e-mail to the Purchasing Team member specified in Section I, Subsection 3. TSLAC will mark the Response as withdrawn in the file and no further action will be taken on the Response.

Administrative Review by TSLAC Purchasing: Only a complete Response with the required content listed in Section III, Subsection 5 will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a Response being declared as non-responsive. Responses that do not conform to the instructions included in this solicitation may be rejected by TSLAC. TSLAC reserves the right to reject any or all Responses and waive informalities and minor irregularities in the responses received. No response received after the due date and time specified in Section III, Subsection 1 by the TSLAC Purchasing Department, will be considered.

Initial Evaluation: An evaluation team will evaluate and score each response based on the established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the Respondent’s ability to satisfy TSLAC requirements best. The following factors apply in this stage:

2.1.33. Pricing analysis

(A) Overall competitiveness, bulk discount, or catalog discount pricing

(B) Delivery Cost

2.1.34. Delivery Times and Backorders

(A) Vendor stated lead times

(B) Vendor commitment on handling of back orders

2.1.35. Value Added service, ordering support, and Billing support

(A) Availability of user-friendly online ordering systems

(B) Dedicated customer service & Account representatives

2.1.36. Return and Replacement Policy and Cost

(A) Clarity and Timelines of the return process

(B) Cost responsibility, return shipping, restocking fees, or replacement items

(C) Defective / Damaged item handling, vendors commitment to no-cost, expedited replacement of defective or damaged items, including time frames for resolution

2.1.37. Vendor experience and references

(A) Years in business

(B) References may include past performance evaluations. Reference will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the offer.

Final Evaluation: At TSLAC’s sole discretion, a short list of Respondents will be developed based on the competitive range or the highest scoring Respondents. These vendors will be known as finalists. A list of selected items will be distributed to the finalists. The Finalist must then return the list of items with each of their individual dollar prices stated. TSLAC will then evaluate the Finalist based upon their stated prices and the availability of the select items. The evaluation team will determine if further discussions are necessary with the finalists. However, an award determination may be made without further discussions. The following factors may apply in this stage:

2.1.38. Market Basket Analysis: The evaluation team will review a select list of items to review for availability and price analysis. The evaluation team may determine which vendors will be awarded a contract.

2.1.39. Discussions: The evaluation team may determine that discussions are necessary to clarify or verify a written response. Clarifications must be followed up in writing and will be added to the file.

2.1.40. Negotiations: TSLAC may determine that negotiations are necessary to provide the best values to the agency. TSLAC will send a meeting invite to eligible Respondents to negotiate pricing, terms and conditions, service level agreements, and/or other items selected. Negotiations will be scheduled virtually.

Evaluation Criteria: Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

Total

100%

Final Evaluation Criteria

Award: TSLAC reserves the right to award one or more vendors, whichever vendors provide the…