4-00 3202600160 IFB MLK WH Gate.pdf

IFB 3202600160

Joe Esparza, Chairman and Commissioner Representing Employers

Alberto Treviño III, Commissioner Representing Labor

Brent Connett, Commissioner Representing the Public

Steve Pier, Executive Director

Invitation for Bids (IFB) for

MLK Warehouse Gate Renovation IFB No. 3202600160

Date of Release: Thursday, February 19, 2026

Bids Due: Thursday, March 12, 2026, by 10:00 a.m. Central Time

285-36 Gates, Electric, Including card Readers, etc.

206-32 Controllers, Local and Remote

936-37 Gates, Electric, Card Reader, etc. Maintenance and Repair 936-53 Parking Equipment Maintenance and Repair 988-15 Fence Installation, Maintenance and Repair

913-19 Construction, Curb and Gutter, Including Maintenance, Repair, and Removal Services

914-30 Concrete

Sole Point of Contact for this IFB (see Section 4.1):

Corie Remschel, CTCD, CTCM Purchaser

TWC Procurement Portal https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities

Table of Contents

DEFINITIONS

ARTICLE I. PURPOSE, AUTHORITY AND SCHEDULE OF EVENTS

1.1 Purpose

1.2 Authority

1.3 Schedule of Events

ARTICLE II. SCOPE OF WORK

2.1 Overview

2.2 Description of Services/Scope of Work/Specifications

2.3 Fence and Gates

2.4 Gate Operator

2.5 Electrical

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

3.2 Contract Award

3.3 Contract Execution

3.4 Contract Term

3.5 Payments

3.6 Contract Amendments

3.7 No Guarantee of Volume, Usage or Compensation

3.8 Governmental Entities

3.9 Offer Period

3.10 Cost Incurred

3.11 Public Information Act-Bidder Response

3.12 Public Information Action-Contract Award

3.13 Bidder Waiver-Intellectual Property

3.14 Insurance

3.15 Changes in Ownership or Financial Condition

3.16 Sanctions and Remedies

3.17 Liquidated Damages

3.18 Severability

3.19 Franchise Tax-Right to Transaction Business in Texas

3.20 Subcontractor Requirements

ARTICLE IV. BID PROCESS

4.1 Sole Point of Contact

4.2 Pre-Solicitation Conference

Attendance

Logistical Information

Questions at the Pre-Solicitation Conference

4.3 Bid Composition

4.4 Bid Submission and Delivery

ARTICLE V. BID TABULATION AND AWARD PROCESS

5.1 Screening of Responses

5.2 Evaluation

5.3 Specific Evaluation Criteria

ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

6.2 Financial Soundness

6.3 Cost Sheet

LIST OF ATTACHMENTS AND FORMS

DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

“Addendum” or “Addenda” or “Amended Solicitation” means a written addition, change, or supplement to this Solicitation that is posted as a notification to the ESBD and uploaded to the TWC Procurement Portal prior to the response due date.

“Bidder” means the individual or entity that submits an offer or Bid. The term includes anyone acting on behalf of the individual or entity that submits an offer or Bid, such as an agent, employee, and representative.

“Bonfire” (TWC Procurement Portal) or “TWC Procurement Portal” means the online platform used by TWC for publishing solicitations informing vendors of procurement opportunities and response requirements and providing public notice of contract awards.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and “Business Days” may be used interchangeably. All uncapitalized references to “days” shall be calendar days.

“Competitive Range” consists of the offers or Bids that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by TWC and

Successful Bidder, which will incorporate the contents of this IFB and the

Successful Bidder’s Bid, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

“Corrective Action Plan” is a step-by-step plan of action that is developed to achieve targeted outcomes for resolution.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the

Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.gov/esbd.

“IFB” means this document including all exhibits, attachments, forms, and

Addenda, if any. May also be referred to as Invitation for Bids.

http://www.txsmartbuy.gov/esbd

“Initial Term” is the first period time in a contract after it is executed. After the initial term, the contract will either renew or terminate, either automatically or by agreement.

“PCS” means Procurement and Contract Services, a department within

TWC’s

Business Operations division.

“PHS” means Procurement and HUB Services, a division of PCS.

“Purchase Order Change Notice” is a formal request to change a purchase order. A POCN can be used to: update line descriptions, increase or decrease quantities or dollar amounts.

“Questions and Answers” refers to a process where potential bidders on a project can ask clarifying questions about the details of the Invitation for Bid to TWC before submitting their formal bid, allowing them to better understand the project requirements and tailor their bid accordingly.

“Required Documentation” Client contact information, company details, a detailed project description, proposed services or products, a pricing estimate, estimated timeline, relevant qualifications and experience, signatures, all tailored to the specific project requirements outlined in the

Invitation for Bid.

“Renewal” the action of extending the period of validity of a contract.

“Response” to an Invitation for Bid (IFB) is a proposal that a bidder submits in response to a project request from TWC. The proposal outlines how the bidder will address TWC’s needs and why they are the best choice for the job.

“Solicitation” means this IFB, including all exhibits, attachments, forms, and

Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Successful Bidder or Successful Respondent” means the Bidder with whom

TWC executes a Contract to provide the goods and/or services that this

Solicitation requires.

“TWC or Customer” means the Texas Workforce Commission.

“VPTS” means Vendor Performance Tracking System, as described under

Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509.

ARTICLE I. PURPOSE, AUTHORITY AND SCHEDULE OF EVENTS

1.1 Purpose

The purpose of this solicitation is to address a critical safety and security needs at the Martin Luther King warehouse facility. The current access points allow for unauthorized entry, posing risks to personnel, assets, and operational continuity. Renovating the gate, including the installation of a motorized system, operational track, conduit for power and cabling, and an access pedestal, will ensure that only authorized personnel can enter the facility. This improvement will enhance overall site security, prevent unwanted visitors from accessing sensitive areas, and maintain a safe controlled working environment for staff.

PHS will administer the procurement process for this Solicitation, which includes IFB announcement and publication, Bidder communications, receipt of responses, screening of timely received responses, and facilitating the evaluation of qualified responses. PCS, in coordination with each TWC program, manages the execution of the award, through issuance of purchase order(s) or other Contract document, resulting from this IFB.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

TWC PCS is seeking competitive bids to establish a contract for the MLK

Warehouse Gate Renovation.

1.2 Authority

TWC is soliciting the goods and/or services specified in this Invitation for

Bids (IFB) under the authority of Texas Government Code § 2156.003. These specifications are advertised in accordance with Texas Government Code § www.twc.texas.gov

2155.067. Bidders may offer the brand name(s) specified or equivalent products that meet or exceed the stated specifications. Only bids offering items that fully conform to the requirements of this solicitation will be considered in determining an award.

1.3 Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Bids will be published as an Addendum posted to the

ESBD. Bidder is required to sign and return an Addendum or Addenda with the Bid.

EVENT DATE and TIME

Solicitation

Notification posted to ESBD, and Solicitation package uploaded to TWC Procurement Portal

Thursday, February 19, 2026

Site visits will be allowed during this period All visits must be approved in advance

Thursday, February 19, 2026 – Friday, March 6, 2026

Pre-Solicitation Conference (see Section 4.2 for Pre-Solicitation Conference location and additional details) Attendance is Optional

Monday, February 23, 2026, at 2:00 PM Central Time

Deadline for Submitting Written Questions via TWC Procurement Portal

Friday, February 27, 2026, at 5:00 PM Central Time

Estimated Date Responses to Written Questions will be uploaded to Portal and a notification posted on ESBD

Wednesday, March 3, 2026, at 5:00 PM Central Time

Deadline for Submission of Bids (NOTE:

Bids must be RECEIVED by TWC by the deadline via TWC Procurement Portal)

Thursday, March 12, 2026, at 10:00 AM Central Time

Anticipated Notice of Intent March 2026

Anticipated Contract Start Date April 2026, or Contract

Execution, whichever is later.

Bidder must submit its Bid to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via a notification of an Addendum posted to the ESBD and TWC Procurement

Portal

ARTICLE II. SCOPE OF WORK

2.1 Overview

The Texas Workforce Commission (TWC) is seeking bids to procure a gate renovation and access control improvements at the MLK warehouse facility to address existing safety and security deficiencies.

2.2 Description of Services/Scope of Work/Specifications

2.1 The contractor shall furnish all labor, materials, equipment, and supervision necessary to renovate the existing gate at the MLK warehouse facility and install a motorized gate system. Services shall include, but are not limited to, installation of a motorized gate operator, operational track, electrical conduit for power and cabling, access control pedestal, and all associated electrical and mechanical components.

2.3 Fence and Gates

• Convert Existing Slide Gate to a V-Track System

• Includes:

• 1 - New Guide Rollers Post

• 2 - 4” Power Wheel Weld-On Boxes

• 2 - 4” Power Wheels

• 2 - 6” Non-Marring Guide Rollers

• 54’ - Steel VTrack

• 54’ - 10” Wide x 8” Deep Concrete Mow-Strip w/ Reinforcement

• 1 - Add Trilogy DL2700 Alarm Lock to Existing Personnel Gate w/

Free Egress

• Includes: 1 - Weld-In Box

• 1 - Custom Hand Guard

*This gate will need to be closed manually. No Self Closing Hardware

Included*

*No Access Control Pathway Included*

2.4 Gate Operator

New Liftmaster CSL24UL Slide Gate Operator

Includes:

• 1 - Operating Stand

• 2 - Safety Bump Edges

• 1 - Wireless Bump Edge Kit

• 2 - Loop Detectors

• 2 - Loops w/ Saw Cutting and Sealant

• 1 - Gooseneck Pedestal

• 1 - Wired Keypad (Stand-Alone)

• 2 - Wireless Remotes

• 1 - External Antenna

2.5 Electrical

• 30’ - Asphalt Saw Cutting and Patching

• 75’ - Trenching w/ Backfill

• 75’ - 1” Electrical Conduit, Wiring and Breaker (From Bldg. to

Operator)

• 75’ - 2” Communications Conduit w/ Pull String (From Bldg. to

Operator and Pedestal)

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation Attachment 1 – TWC

Terms & Conditions (1-23-2026) are applicable to this Solicitation and any

Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2 Contract Award

TWC intends to award one (1) Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD, the TWC

Procurement portal, and a notification will be sent to all Bidders immediately following execution of the Contract.

3.3 Contract Execution

If, for any reason, a Contract cannot be executed with a Bidder selected for award within 30 days of TWC’s determination to seek to Contract with that

Bidder, TWC may negotiate a Contract with the next highest-scored Bidder or may withdraw, modify, or partially award this Solicitation.

3.4 Contract Term

Initial Term: The Contract Term will commence on the fully executed

Contract date and expire on 08/31/2026.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, the Termination provisions of Attachment 1- TWC Terms and Conditions, shall apply.

3.5 Payments

Payment will be made by TWC in accordance with the pricing provided on

Form 2 – Cost Sheet. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

TWC must acknowledge that the services have been satisfactorily performed, and products received, if applicable, which are included on an invoice prior to approving the invoice for payment.

Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by TWC.

TWC will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

3.6 Contract Amendments

The Contract may be amended only by written agreement signed by both the

Successful Bidder and TWC.

3.7 No Guarantee of Volume, Usage or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Bidder under an awarded Contract, if any, resulting from this

Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a

Contract under this Solicitation at any time at its sole discretion.

3.8 Governmental Entities

If Bidder is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter an interagency or interlocal agreement with the governmental entity.

3.9 Offer Period

Bids shall be binding for a period of ninety (90) days after the submission due date. A Bidder may extend the time for which its Bid will be honored.

Upon Contract execution, prices agreed upon by the Successful Bidders(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Bidder unless expressly agreed upon in writing by TWC.

3.10 Cost Incurred

Bidder understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Bidder in the preparation of a response to this

Solicitation. Costs of developing Bids, preparing for, or participating in oral presentations and site visits, or any other similar expenses incurred by a

Bidder are entirely the responsibility of the Bidder and will not be reimbursed in any manner by the State of Texas.

3.11 Public Information Act-Bidder Response

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552. See also Attachment 1 - Terms & Conditions, Section 2.4

(Texas Public Information Act).

If Bidder asserts that information provided in its Bid is exempt from disclosure under the Texas Public Information Act, Bidder must mark and submit two separate, searchable Portable Document Format (PDF) copies

(original Bid and “Public Information Act Copy,” including attachments, of the original Bid) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation.

3.12 Public Information Action-Contract Award

Within five (5) days from Contract execution, the Successful Respondent must submit a “Public Information Act Copy” of the Original Executed

Contract (in addition to the original executed contract) to the TWC contract manager by email. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger).

b. Each portion Successful Respondent claims is exempt from public disclosure must be redacted (blacked out); and

c. Successful Respondent must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (b) of this section must be identical to those set forth in the Original Proposal as required in Section 3.11.(a)(2) above.

The only difference in required markings and information between the Original Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Contract.

3.13 Bidder Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND AGREEMENT

BY BIDDER TO FULLY INDEMNIFY THE STATE OF TEXAS AND TWC FROM ANY

CLAIM OF INFRINGEMENT AGAINST THE STATE OF TEXAS AND TWC

REGARDING THE INTELLECTUAL PROPERTY RIGHTS OF BIDDER OR ANY

THIRD PARTY FOR ANY MATERIALS SUBMITTED TO TWC BY BIDDER.

3.14 Insurance

For the duration of any Contract resulting from this Solicitation, the

Successful Bidder shall acquire insurance with financially sound and reputable independent insurers, in the type and amount listed in Attachment

1 - Terms & Conditions (Section 3.19).

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of ensuring the Contract in lieu of the insurance policies customarily required. It will be the Bidder’s responsibility to recommend to TWC alternative methods of insuring the Contract. Any alternatives proposed by Bidder should be accompanied by a detailed explanation regarding Bidder's inability to obtain the required insurance.

TWC shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of

Contract.

3.15 Changes in Ownership or Financial Condition

During the term of the Contract or any extension or renewal thereof, the

Successful Bidder shall notify TWC in writing of any substantial change in the ownership or control of the Successful Bidder as soon as possible, but no later than thirty (30) days prior to its occurrence. Successful Bidder must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

The failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient grounds for rejecting the Bid or

Terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy, or receivership.

3.16 Sanctions and Remedies

3.16.1. General

It is agreed by TWC and the Successful Bidder that:

a. if the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract and damage to TWC will result.

b. establishing the precise measure of damages in the event of default by the Successful Bidder may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate.

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract.

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the

Successful Bidder from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct $500.00 per day in damages from the compensation otherwise due to the Successful Bidder. All assessments of damages shall be within the sole discretion of TWC.

3.16.2 Assessment of Sanctions

Once TWC has determined that sanctions are to be assessed, the Executive

Director or Executive Director’s designee shall notify the Successful Bidder of the assessment(s). TWC will withhold Sanctions from payments to the

Successful Bidder or, if no payments are to be made, TWC will make demand of payment of Sanctions. The Successful Bidder must make payment within thirty (30) days of TWC’s demand. In the event the Successful Bidder fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful

Bidder, if applicable.

3.16.3 Failure to Assess Sanctions

The failure of TWC to access sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess

Sanctions.

3.17 Liquidated Damages

Once TWC has determined that liquidated damages are to be assessed, TWC shall notify the Successful Respondent of the assessment(s). Upon receipt of written notice, the Successful Respondent will have ten (10) days to provide a written explanation of any justification that may be applicable to the liquidated damages being considered and a corrective action plan for bringing the operations within the standards specified. TWC has the right to amend the corrective action plan submitted by the Successful Respondent.

In all cases, the corrective action plan must be approved by TWC in writing prior to implementation. The corrective action plan must be implemented by the Successful Respondent at no cost to and upon approval by the TWC

Contract Manager. Liquidated damages will not be assessed during the specified cure period for the activity in question. If the breach is not cured or the Successful Respondent does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the Successful Respondent, or, if no payments have been made, TWC will make demand of payment of liquidated damages. The Successful

Respondent must make payment within thirty (30) days of TWC’s demand.

In the event the Successful Respondent fails to pay within the thirty (30) day period, TWC may utilize the option to withhold any additional payments.

Failure to pay assessed liquidated damages within the designated time frame may be deemed by TWC to be a breach of contract.

3.17.1 General

It is agreed by TWC and the Successful Bidder that:

a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Bidder may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the

Successful Bidder from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder. All assessments of damages shall be within the sole discretion of TWC.

3.18 Severability

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.19 Franchise Tax-Right to Transaction Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas. Bidder must be set up in the Texas franchise tax system prior to Contract award if applicable.

Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.20 Subcontractor Requirements

Bidder must indicate whether or not it holds any financial interest in any subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the subcontractor has read, and will agree to abide by, Bidder’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Bidder must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Bidder is to be subcontracted, and the subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful

Bidder to terminate any Subcontractor with or without cause.

In the event that TWC approves the use of any subcontractor, the Successful

Bidder is not relieved of its responsibility and obligation to meet all the requirements of under this Solicitation.

https://comptroller.texas.gov/taxes/franchise/

TWC will incur no additional obligations, and the obligations of the Successful

Bidder will not be reduced as a result of any such subcontracts.

The Successful Bidder’s obligation to pay Subcontractors is governed by

Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

ARTICLE IV. BID PROCESS

4.1 Sole Point of Contact

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Corie Remschel, CTCD, CTCM

Purchaser IV

Inquiries: All requests, questions, or other communication about this

Solicitation must be submitted through the TWC Procurement Portal at TWC

Procurement Portal and will be directed to the Sole Point of Contact.

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact) and Section 4.1.4

(Exception to Sole Point of Contact), a potential Bidder and Bidder that has submitted a Bid is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this

Solicitation with any potential Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided by Section 4.1 (Inquiries). Failure to comply with these restrictions may result in disqualification of Bidder's Bid. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.1.3 Written Questions

TWC will allow written questions regarding this Solicitation. Questions must be submitted in accordance with Section 4.1.1 Sole Point of Contact by the deadline established in Section 1.3 (Schedule of Events). Include the

Solicitation section and page number to which each question applies.

TWC will post to ESBD and the TWC Procurement Portal the Questions &

Answers and, if appropriate, an Amended Solicitation by the deadline established in Section 1.3 (Schedule of Events). responses to questions will not be provided individually to prospective Bidders submitting questions.

TWC reserves the right to amend answers previously posted prior to the Bid deadline identified in Section 1.3 (Schedule of Events). If amended, a notification of the amended answers will be posted on ESBD and the TWC

Procurement Portal. It is the Bidder’s responsibility to check the ESBD and the TWC Procurement Portal.

TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions received by the deadline in Section 1.3 (Schedule of Events) will be reviewed by TWC. Only TWC’s written answers posted to the TWC

Procurement Portal to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

No changes to a response can be made after the submission deadline.

No assumptions should be included in a response. The inclusion of assumptions could result in disqualification of a response. Instead, a Bidder should advance assumptions and seek clarification of a section of this IFB, any Exhibits or attachments, in the form and manner required in this Section

4.1.3 (Written Questions).

4.1.4 Exception to Sole Point of Contact

Exceptions to Section 4.1 (Sole Point of Contact) are as follows:

a. Where it is expressly directed by the Sole Point of Contact that another designated TWC representative may speak to the Bidder, such as during Contract negotiations: A Bidder is required to ensure that communications have been authorized by the Sole Point of Contact before engaging in any such communication; and failure to comply with this requirement may result in the disqualification of a bidder’s response.

4.2 Pre-Solicitation Conference

TWC will conduct a Pre-Solicitation Conference. A prospective Respondent should plan to attend the Pre-Solicitation Conference. See Section 1.3 (Schedule of Events) for the date and time. The Pre-Solicitation Conference will include an overview of the Solicitation and a presentation on the HSP requirements, if applicable to this Solicitation.

Attendance

Attendance at the Pre-Solicitation Conference is optional but highly recommended.

Attendees to a virtual Pre-Solicitation Conference are required to send an email prior to the conference to the Sole Point of Contact (Section 4.1.1), advising of participation in the Pre-Solicitation Conference.

Attendees must provide in the email their name, phone number, and name of the organization they are representing.

Logistical Information

PHS will hold the Pre-Solicitation Conference on the date and time set out in Section 1.3 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact) at least seventy-two

(72) hours before the meeting in order to have reasonable accommodation made by TWC.

Register for the Pre-Solicitation Conference webinar in advance:

https://zoom.us/webinar/register/WN_kLfQBuzpRkyHnzNLO8h69A

After registering, you will receive a confirmation email containing information about joining the webinar.

Questions at the Pre-Solicitation Conference

a. Attendees may submit questions in writing at the conference according to the instruction provided by TWC. All questions must be in the required format and include the information as referenced in Section

4.1.3 (Written Questions).

b. During the Pre-Solicitation Conference, TWC may provide responses to questions, but only written responses will be posted in the TWC Procurement Portal as an Addendum to the Solicitation. A Notification of the written responses will be posted on ESBD. Only written https://zoom.us/webinar/register/WN_kLfQBuzpRkyHnzNLO8h69A responses will be considered an official, binding update to the Solicitation.

c. TWC reserves the right to amend, prior to the Bid Deadline, answers previously posted. Amended answers will be posted in the TWC Procurement Portal and notification of the amended answers will be posted on ESBD. Notification of posting will be in accordance with Section 1.3 (Schedule of Events).

d. Unauthorized communications with TWC other than the Sole Point of Contact identified in Section 4.1.1 regarding this Solicitation before, during, or after the Pre-Solicitation Conference are prohibited. Failure to comply with these restrictions may result in disqualification of Respondent's bid.

4.3 Bid Composition

4.3.1 General Information

Bidder must fully and completely address all requirements described in this

Solicitation. Incomplete or partial Bids will not be considered. The Bidder must provide all information that the Bidder believes would be helpful to

TWC in evaluating the Bidder’s ability to fulfill the Solicitation requirements.

Bidder shall prepare a Bid that clearly and concisely represents its qualifications and capabilities.

4.3.2 Ambiguity, Conflict, or Discrepancy

Bidders must notify the Sole Point of Contact, listed in Section 4.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB in the manner and described in Section 4.1.3 (Written

Questions).

If Bidder fails to properly and timely notify the Sole Point of Contact, listed in

Section 4.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a Contract or not:

a) Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b) Submits a Bid at its own risk;

c) May not contest the interpretation by TWC of such provision(s); and

d) Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

4.3.3 Changes, Modifications, and Cancellations of Solicitation

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a potential Bidder’s written inquiries or otherwise, and cancellation notices on the ESBD and published on the TWC Procurement Portal.

4.4 Bid Submission and Delivery

4.4.1 Deadline

Bids must be received by PHS as prescribed no later than date and time specified in Section 1.3 (Schedule of Events).

4.4.2 Submission Method-TWC Procurement Portal

TWC has implemented the eProcurement platform referred to as the TWC

Procurement Portal. Bidder must upload all documentation indicated a

Required Documentation electronically to the: TWC Procurement Portal

Bid submissions by any other method will not be accepted.

To respond to this Solicitation, Bidders must register through the TWC

Procurement Portal. There is no charge to register.

Step-by-step instructions are available at: Vendor Registration

Registration: For a quick tutorial on how to upload a Bid, visit, Creating and

Uploading a Submission to TWC Procurement Portal. Creating and Uploading a Submission

Any issues with uploading must first be addressed with TWC Procurement

Portal Technical Support at the contact information included in the

Procurement Information Summary and the TWC Procurement Portal

Instructions to Bidders document.

Bidders must contact the Sole Point of Contact prior to the deadline if there are issues with using the TWC Procurement Portal and an alternative submission method may be required. Failure to contact the Sole Point of

Contact with sufficient time before the deadline to make alternative arrangements will disqualify any subsequent response submission made after the deadline.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

Hard copies received will not be accepted or reviewed.

https://customer.eunasolutions.com/public/s/article/vendor-registration https://customer.eunasolutions.com/public/s/article/creating-and-uploading-a-submission https://customer.eunasolutions.com/public/s/article/creating-and-uploading-a-submission

It is the Bidder’s responsibility to appropriately mark and upload the Bid to the TWC Procurement Portal by the specified date. Each Bidder is solely responsible for ensuring its Bid is submitted in accordance with all

Solicitation requirements and ensuring timely receipt by TWC.

4.4.3 Ownership of Bids

All materials submitted by a Bidder will become the property of TWC and may be used as TWC deems appropriate. A Bid will not be returned to the

Bidder.

ARTICLE V. BID TABULATION AND AWARD PROCESS

5.1 Screening of Responses

An administrative screening of responses timely received will be conducted by TWC PCS to determine which responses meet all IFB minimum requirements and are deemed responsive and qualified for further consideration.

TWC reserves the right to ask questions or request clarification from any

Bidder at any time during the screening process.

5.2 Evaluation

Responses shall be evaluated in accordance with Title 10, Subtitle D, Chapter

2155, sections 2155.074, 2155.075(a), and 2155.144; and Chapter 2156, section 2156.007, Texas Government Code; and Chapter 2157, section

2157.003.

Sections 2155.074 and 2156.007 provide the Best Value Standard for the purchase of goods or services and for the award, which includes consideration of the purchase price and whether the Bidder meets all requirements of this IFB.

5.3 Specific Evaluation Criteria

TWC is not obligated to select the Bidder with the lowest price but shall make an award to the Bidder who provides the best value to the State of

Texas.

All responses will be evaluated according to the following criteria:

a) Bidder meeting or exceeding the requirements and specifications in accordance with this IFB;

b) Bidder’s ability to meet performance delivery requirements;

c) Cost;

d) Not providing financial documents as required; and

e) Not being financially solvent and/or adequately capitalized.

ARTICLE VI. REQUIRED BID INFORMATION

BIDDERS SUBMITTING A BID THROUGH THE TWC PROCUREMENT PORTAL

MUST SUBMIT THE FOLLOWING INFORMATION:

• Form 1 - Execution of Bid

• Form 2- Cost Sheet

• Form 3 - Financial Questionnaire

• Public Information Act -, if applicable. Reference Section 3.12

• Public Information Act – if applicable. Bidder Requirements Regarding

Disclosure

• TWC 1020 Substitute W-9 and Direct Deposit Form

6.1 Execution of Bid

Bidder must complete, sign, and return Form 1 – Execution of Bid. By signing Form 1, Bidder agrees to provide the goods and/or services described in this Solicitation and agrees to abide by all TWC Terms and

Conditions (see Attachment 1) as specified in this Solicitation and in any

Contract resulting from an award.

6.2 Financial Soundness

The Bidder must complete Form 3 – Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed for the appropriate company type may result in disqualification of the Bidder’s Bid.

If TWC learns of a failure to disclose after a Contract has been awarded to the Successful Bidder, the Contract may be terminated. In the event of such termination, the Successful Bidder shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

6.3 Cost Sheet

Cost information must be included as a separate document and presented only in the format set forth in Form 2 – Cost Sheet of this Solicitation.

LIST OF ATTACHMENTS AND FORMS

Attachment 1 Terms & Conditions

Form 1 Execution of Bid

Form 2 Cost Sheet

Form 3 Financial Questionnaire

TWC 1020 Substitute W-9 and Direct Deposit Form

LIST OF ATTACHMENTS AND FORMS