PCS 137 - SERVICES

Stephanie Muth, Executive Commissioner Invitation for Bids (IFB) for General Contracting Services for Region 03 IFB No. HHS0017866 NIGP Class/Item No(s): 910-52: Maintenance and Repair Services, Building (Not Otherwise Classified) Procurement Schedule - All Times are Central Time Reference Section 2 for further information

Table of Contents

Introduction and Purpose of IFB The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers IFBs for HHS.

HHSC PCS is seeking competitive bids to establish contract(s) for General Contracting Services for Region 03.

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this IFB.

To be considered for award, Bidders must submit a comprehensive Response which includes all required information and documentation as outlined in this IFB to ensure the Bidder meets all requirements, possesses the required experience and qualifications, and has the capacity to provide the services described in this IFB. See Appendix A, Submission Instructions and Response Checklist.

Authority HHSC is soliciting the services stated in this IFB under Texas Government Code TGC 2156.063.

No Guarantee of Volume, Usage or Compensation HHS Agency does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this IFB. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

Negotiation, Exceptions or Assumptions Negotiations are prohibited under the IFB procurement method under most circumstances, and even then, the scope of permissible negotiations is limited and may not result in a material change to the scope of work or specifications as advertised in this IFB.

Bidders should NOT submit exceptions to this IFB which could result in disqualification of a Response. 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 Section 6.7 IFB Questions or Clarifications.

IFB Components This IFB includes the following items:

· PCS 137 IFB (this document)

· Exhibit A – HHS Solicitation Affirmations

· Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

· Exhibit C – Pricing Sheet

· Exhibit D – Bidder Reference and Contractor Qualifications Form

· Exhibit E – HHS Online Bid Room Information

· Exhibit E-1- PCS Map

· Exhibit F – Form 4109 Application for Texas Identification Number

· Exhibit G – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements Procurement Schedule The Procurement Schedule dates on the cover page of this IFB are subject to change. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule. Every Bidder is solely responsible for ensuring its Response is received by HHSC before the Response Deadline in accordance with all requirements regarding submission. HHSC is not responsible for lost, misdirected or late Responses.

By submitting a Response, the Bidder represents and warrants that the individual submitting the Response, inclusive of the documents made part of the Response, is authorized to sign on behalf of the Bidder, and to bind the Bidder under any Contract that may result from this IFB.

Withdrawal or Amendment of Response Bidders may withdraw or amend their Responses at any time prior to the Response Deadline by e-mailing the point of contact listed in Section 6.1 (Sole Point of Contact and Communications).

The e-mail subject line for withdrawal or response amendment should contain the IFB number as indicated on the cover page of this IFB. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

HHSC Overview The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 523, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies.

PCS administers the procurement process, 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 HHS program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this IFB.

Definitions Unless the context clearly indicates otherwise, throughout this IFB, the definition given to a term below applies whenever the term appears in this IFB, in any Response (Bid) submitted in response to this IFB, and in any Contract awarded as a result of this IFB. All other terms have their ordinary and common meaning.

a) Addendum – A written clarification or revision to this IFB issued by HHSC.

b) Bidder – The entity or individual that submits a response to this IFB. Includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.

c) Contract –The signed Purchase Order or Signature Document, the Uniform Terms and Conditions, Affirmations, along with any Attachments, Exhibits and any Amendments, purchase orders, or Work Orders that may be issued by HHSC, to be incorporated by reference for all purposes as a result of this IFB.

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Purchase Order or other Contract to provide the services or goods as a result of this IFB.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).

g) Deliverables – The services or goods specified in this IFB and any resulting Contract that the Contractor shall perform or deliver to the HHS Agency.

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: https://www.txsmartbuy.gov/esbd.

Note: The Texas Comptroller of Public Accounts (CPA) recommends utilizing Google Chrome when navigating CPA websites.

i) Exhibit – A document, included as an attachment to this IFB, which provides terms and conditions, additional requirements and information related to this IFB.

j) HHS Agency - HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services (DSHS), separately or combined. May also be referred to as System Agency.

k) IFB - This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Invitation for Bids.

l) NIGP (The National Institute of Governmental Purchasing (NIGP) Commodity Book) – The Class-Item numbering and descriptions used by state agencies to properly code services or products for a procurement.

m) Purchase Order – A legally enforceable agreement issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide under any Contract resulting from this IFB.

n) Response – All information and materials submitted by a Bidder in response to this IFB. May also be referred to as Bid or Bid Response.

o) Respondent – A term interchangeable with Bidder.

p) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this IFB and any resulting Contract which the Contractor is required to provide.

q) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

r) Texas Identification Number (TIN) – The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number. Further information regarding this number may be accessed via the CPA Fiscal Management TexPayment Resource web page at: https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq.

s) Unit of Measure – The set unit of measure (UOM), included on the Pricing Sheet, used for payment of the services under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

t) Unit Rate – The set rate per the unit of measure (UOM) used for payment of the services, included on the Price Sheet, under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

u) Vendor – A business entity or individual that supplies services or goods and may be a potential Bidder to this IFB.

General IFB Information Sole Point of Contact and Communications The HHSC PCS Sole Point of Contact for inquiries concerning this IFB is:

Isaiah Wilczynski, CTCM, CTCD Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756

(512) 406-2668 Isaiah.Wilczynski1@hhs.texas.gov Bidders shall NOT use the e-mail address above for submission of a Response to this IFB. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this IFB, by e-mail to the HHSC PCS Sole Point of Contact named in Section 6.1 (Sole Point of Contact and Communications); communications by phone will not be accepted except for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation.

All other communications between a Bidder and HHS agency staff concerning this IFB are prohibited. In no instance is a Bidder to discuss cost information regarding this IFB with the HHSC PCS Sole Point of Contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. See also Section 6.2 (Exception to Sole Point of Contact) below.

This restriction (as to only communicating in writing with the HHSC Sole Point of Contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this IFB.

Exception to the Sole Point of Contact The only exceptions to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representative.

Binding Offer Period By submitting a Response to this IFB, Bidder agrees that its Response will remain a firm and binding offer for 240 days, as stated in the HHS Solicitation Affirmations (Exhibit A).

Bidder may extend the time for which its Response will be firm and binding and include the extended period in the Response.

Costs Incurred Bidder understands that issuance of this IFB or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for costs incurred in preparing and submitting a response, including, but not limited to, preparing for or participating in a vendor conference or site visit.

Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this IFB.

Changes, Modifications and Cancellation HHSC reserves the right to change, amend, or modify this IFB prior to the Response Deadline indicated in the Procurement Schedule (cover page of this IFB). Changes, amendments, and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with Section 6.8.

HHSC reserves the right to cancel this IFB at any time. The notice of cancellation will be in accordance with Section 6.8.

Ambiguity, Conflict, Discrepancy Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB in the manner and by the deadline for submitting questions.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the IFB and any resulting contract,

b) shall not contest the interpretation by HHSC of such provision(s), and

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

IFB Questions or Clarifications HHSC will allow questions and requests for clarification regarding this IFB if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda. Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page of this IFB) through a new Addendum. The notification will be processed in accordance with Section 6.8 (Notification of Addenda or Cancellation).

Submission of Questions or Clarifications All questions and requests for clarification must be submitted by e-mail and include the following information:

a) IFB Number and Title of IFB (cover page of this IFB) must be included in the e-mail subject line and in the e-mail body;

b) Section or Paragraph number from this IFB;

c) Page Number of this IFB;

d) Exhibit name, Section or Paragraph, page number from the Exhibit;

e) Language, Topic, Section Heading being questioned or requested for clarification;

f) Requestor Contact Information must be included in the body of the e-mail.

Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page of this IFB), or deadlines established in subsequent Addenda, may be reviewed by HHSC but will not be answered.

Notification of Addenda or Cancellation Addenda Notification All addenda will be posted to the ESBD. It is the responsibility of each potential Bidder to monitor the ESBD for any Addenda affecting this IFB. Failure to check the ESBD will in no way release any potential Bidder or awarded Contractor from the requirements of posted Addenda. No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this IFB, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

Bidder must acknowledge receipt of any addenda by signing and returning SOLICITATION ADDENDUM ACKNOWLEDGEMENT FORM posted to the ESBD with your solicitation response in accordance with the submission options outlined in the solicitation.

Cancellation Notification HHSC reserves the right to cancel this IFB at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this IFB.

HUB Subcontracting Plan Training Webinar HHSC will conduct an optional webinar training session for completion of the HUB Subcontracting Plan (HSP) on the date and time identified in the Procurement Schedule (cover page of this IFB), or on the date and time established in subsequent Addenda. Bidders who do not submit an HSP or a properly completed HSP with their Response will be disqualified. See Section 8 (HUB Subcontracting Plan (HSP) Requirements).

Attendance is strongly encouraged, but not required. Failure to attend or participate in the webinar will not disqualify a Bidder.

Scope of Work (SOW)

1. Scope of Services to be Performed The required services to be provided are General Contracting Services for Region 03.

a.) This solicitation is an Invitation for Bid (IFB) to provide General Contracting Services or General Labor for commercial properties for various HHSC location(s) in Region 03.

b.) Region 03 Counties: Including, but not limited to Dallas, Tarrant, Fannin, Johnson, Navarro, Denton, Wise, Hunt, Kaufman, Collin, Palo Pinto, Rockwall, Grayson, Earth, Ellis, Parker, Cooke, and Hood.

c.) Region 03 Cities: Including, but not limited to, Arlington, Bonham, Carrollton, Cleburne, Corsicana, Dallas, Decatur, Denton, Duncanville, Ennis, Fort Worth, Grand Prairie, Granbury, Greenville, Hurst, Irving, Kaufman, Lake Worth, Lewisville, McKinney, Mesquite, Mineral Wells, North Richland Hills, Plano, Richardson, Sherman, Stephenville, Terrell, Watauga, Waxahachie, and Weatherford.

2. General Contractor Services Consist Of:

A. General Plumbing (Must be licensed by the State Of Texas)

1. Repair and/or installation.

B. General HVAC (Must be licensed by the State Of Texas)

2. Heating, ventilation and air conditioning) repair and/or installation.

C. General Electrical (Must be licensed by the State Of Texas)

3. Electrical installation and repair

D. Glass Repair

4. Provide routine or emergency glass breakage repair or installation

E. Painting

5. Provide interior / exterior wall painting on an as needed basis

F. General Carpentry

6. Building repair and remodeling

G. Waterproofing

7. Installation & Repair

H. Roofing

8. Repair & Replace

I. Concrete/Paving work/repair interior & exterior

1. Parking Lot Repair

2. Sidewalk/Ramp repair

3. Restriping (parking lot/curbs/etc.)

J. Emergency building repairs on call: Must be able to respond to HHSC building emergencies on a 24-hour, 7 day per week basis, including holidays. Awarded contractor must be able to arrive onsite with appropriate personnel within 2 hours of request.

K. Handyman services (assist in assembling / disassembling furniture), hanging bulletin boards, etc. on an as needed basis

L. The contractor will be required to do a site visit for each job to ensure all details are outlined in the estimate that is required.

M. The contractor will provide a cost estimate/proposal prior to the commencement of any work containing the following.

1. Brief description of the work to be performed.

2. Labor and material cost for each of the major elements of work. Labor cost shall be based on the approved contract rate for each class of employee.

3. Material cost will be based on actual cost of material.

4. The contractor will be responsible for visiting the site prior to preparing the estimate and is thoroughly familiar with the site and the scope of work.

5. Number of calendar days required to complete the work.

6. It is the responsibility of the contractor to ensure they have all the information necessary to prepare the estimate.

The completed cost proposal shall be signed and dated by the contractor and returned to the requestor from HHSC for review within five (5) working days after the date of request for the cost proposal for non-emergency work. If the proposal is unsatisfactory for any reason, HHSC reserves the right to require the contractor to submit a revised proposal.

7. Upon receipt of an emergency scope of work, Contactor shall agree to proceed as directed by the Contract Administrator or his designee on a Time and Material basis, using labor rates established in this contract where applicable. Contactor’s markup on material invoices shall not exceed ten percent (10%). Contactor shall submit a Time and Material estimate to HHSC within twenty-four (24) hours of NTP.

8. Work shall only be performed with HHSC’s written authorization by the issuance of a purchase order. Upon authorization, actual work shall not exceed the contractor’s estimate. For emergency work, HHSC will provide a verbal purchase order number and follow up with written authorization.

9. The contractor will be responsible for acquiring any permits necessary to complete the work.

N. The contractor confirms that he / she is cognizant of all factors relating to the requirements contained in this bid, as no extra charges or compensation will be allowed after offers are made and received.

O. The contractor will be responsible for determining the number of personnel required to complete General Contractor services within the timeframe specified by HHSC. HHSC retains the right to request, amend or change move plans and/or personnel assigned.

P. The contractor agrees to confirm arrival and departure times for each contracted job as established by HHSC.

Q. The contractor will not subcontract any General Contracting services to other contracting companies during the entire contract period without prior approval from HHSC regarding said subcontractor.

R. All personnel will be clearly identified as bidder’s employees (i.e. wearing shirts, hats, name tags, etc.)

S. The contractor will have available, under its direct employment and supervision, the necessary organization and facilities to properly fulfill services under the resulting contract and only personnel experienced and trained in General Contracting services will be employed under and for this contract.

T. The use of any kind of intoxicants, narcotics or substances which may physically and/or mentally impair ability to perform work required or put self or others’ safety at risk while on duty by the bidder employees will constitute grounds for termination of this service.

U. The contractor shall provide all qualified labor, equipment and material necessary to perform its duties as needed for this contract (i.e. tools, protective gear, paint, glass, wood, etc.)

V. The contractor will provide equipment to the extent that all work can be performed in the most expedient manner. Any shortage of equipment on the part of the bidder that will affect the length of time for the total move that results in additional cost to HHSC will be deducted from the original billing.

W. The contractor shall show proof of state-required levels of liability insurance to cover any damages to HHSC equipment and leased and state-owned offices incurred during use of vendor services.

X. The contractor shall assume responsibility for all repair / replacement costs resulting from damage to the building or contents caused by the bidder’s employees, agents, or other individuals authorized to participate in contracted work. The bidder shall also assume financial responsibility for any other damage caused by the contracted work process which is under the control of the bidder.

Y. The contractor will be responsible for damage by its work, negligence in work, and its personnel and equipment to HHSC equipment and buildings. The bidder will be responsible and liable for the safety, injury, and health of its working personnel while its employees are performing general contracting services.

Z. The contractor will be responsible for protection of and/or repair needed for all interior finishes, surfaces, controls, lighting and signal fixtures of any elevator used in the course of contracted work for HHSC.

1. Failure to provide adequate staff and/or equipment in a timely manner may be grounds for termination of the contract and assessment of damages.

2. Failure to comply with all applicable safety and/or health requirements of HHSC standards, or if HHSC finds the quality of services substandard or the behavior of the general contracting service personnel is other than a professional manner, may be cause for immediate cancellation of the contract.

3. Locations(s):

A. HHSC reserves the right to add or delete facilities serviced under the purchase order. HHSC will provide within (2) two working days, written notice to the vendor of any additional facilities requiring service within the same area or region. Services shall go ahead and be provided as long as vendor has approval from agency’s contract manager during emergency situations.

4. Building Restrictions

A. PARKING: The vendor shall make arrangements with the designated HHSC representative prior to off-loading tools and equipment at the job site. The vendor shall park only in spaces assigned by the designated HHSC representative.

B. RESTROOMS: Restrooms shall not be used for washing of tools and equipment.

C. SECURITY: The vendor shall provide an updated list of all vendor personnel or subcontractors at each job site and comply with all security measures required by HHSC.

D. ACCESS: The vendor shall make prior arrangements with the HHSC Building Manager for access to the building(s) for performance of the service.

Service Location(s) HHS, at its sole discretion, with a 30-day advance written notice, reserves the right to change, consolidate, delete or add service locations.

a) Location(s) for Services HHS Region No. 3 The Map (PDF) of the HHS Regions may be accessed at: https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

b) Changes to service location(s) include but are not limited to new office space within facility, office closure, consolidation of multiple offices increasing or decreasing square footage, expansion of an office into multiple offices, and relocation of office.

Performance Schedule Contractor shall perform contracted services, including any minor adjustment call-back services, Monday through Friday between the hours of 8 a.m. and 5 p.m. (Central Time). Contractor shall not interfere with normal flow of HHS Agency business at the service location.

Contractor shall respond to all service calls within four (4) hours of HHS Agency request, unless the Response Deadline is extended by the HHS Agency Contract Manager.

Services Outside Regular Business Hours Any services performed outside of regular business hours (8 a.m. to 5 p.m. Central Time) must be requested and/or approved in writing by the HHS Agency Contract Manager and must be invoiced at the rate stated for Outside Regular Business Hours stated in Exhibit C – Pricing Sheet.

Services performed outside of the regular service hours without prior approval, will be at Contractor’s own risk and will be billed at the established Regular Business Hours service rate stated in Exhibit C – Pricing Sheet Emergencies: The HHS Agency reserves the right to declare any necessary work within the Scope of Services to be an emergency during regular service hours or outside regular service hours, and will request emergency services in writing. Contractor shall respond on-site to a request for emergency services within one (1) hour of notification and continue work until the services requested are complete to the satisfaction of the HHS Agency.

State Holidays The state holidays observed are maintained by the State Auditor’s Office and may be accessed at: https://hr.sao.texas.gov/Holidays. HHS Agency does not require services to be performed on the “All agencies closed” holidays and any exception will be provided in writing to the Contractor. HHS Agency requires services to be performed for “Optional Holidays” or “Skeleton Crew Required” holidays.

To fulfill the required services, as applicable, the Contractor may perform the services on a holiday observed by HHS at NO additional expense to the HHS Agency.

Authorized services performed by Contractor on a state holiday will be invoiced at the Contract rate for Outside Regular Hours.

Minimum Experience and Qualifications These minimum requirements apply to the Contractor and Contractor’s personnel and any Subcontractor and Subcontractor’s personnel.

Bidder shall submit documentation of experience and qualifications with Response, if requested in Exhibit C– Pricing Sheet.

a) The Bidder shall have relevant experience required for the performance of the services as outlined in this IFB. The minimum experience required is three (3) years.

b) The Bidder’s personnel to be assigned to perform the services must be fully trained and, at minimum, have three (3) years relevant experience.

c) Must be Licensed by the State of Texas to provide Electrical, HVAC & Plumbing services

d) All Contractor or Subcontractor personnel assigned to perform the services must be at least 18 years of age.

e) The Bidder must provide a minimum of three (3) verifiable references for current or previous contracts of the same size and for similar or same services within the last three (3) years in Exhibit D – Bidder Reference Form and return with Response.

HHS Agency Responsibilities

a) The HHS Agency will provide reasonable access to the facility(s) and property where services are to be performed.

b) The HHS Agency will provide keys or electronic door access cards in sufficient number for the Contractor key personnel assigned to perform the services. In no case shall the Contractor or Subcontractors make duplicates of any issued keys or access cards. The Contractor may be required to reimburse the HHS Agency for replacement costs for any lost keys or access cards or for those not returned at the expiration of the Contract.

c) The HHS Agency will provide secure storage space for Contractor supplies, etc.

Contractor Responsibilities The Contractor(s) is solely responsible for the performance of all services and requirements referenced in Section 7.1, Scope of Work and this IFB.

Contractor will not be relieved of its obligations for any nonperformance by its employees or Subcontractor(s).

a) The Contractor shall furnish all labor, tools, transportation, equipment, materials, and supplies, as necessary, to perform the services and/or provide the goods, as required.

b) The Contractor shall be responsible for supervision of its employees and Subcontractor employees, together with clean up and proper disposal of any site work waste.

c) The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

d) Training for Contractor Employees:

All Contractor employees, and Subcontractor’s employees, if applicable, assigned to perform the services, must be trained and experienced in the type of work to be performed. The Contractor shall provide adequate training to all personnel assigned to perform the services on the roles, responsibilities, and technical aspects of the work.

The Contractor shall only provide and allow trained and qualified personnel to perform the required services under the Contract.

The Contractor is required to provide current copies of the completed training(s) and of the license or accreditation certificate related to the training upon request by the HHS Agency Contract Manager. This requirement also applies to Subcontractor(s) and Subcontractor’s personnel who may be used in the performance of services.

Independent Contractor It is understood and agreed by the HHS Agency and the Contractor that the Contractor is retained as an independent Contractor and in no event shall any employee hired by the Contractor be considered an employee of the State.

a) The Contractor shall not allow any visitors, spouses, children or other relatives of the Contractor’s or Subcontractor’s employees to be on state property in connection with the Contract during working hours.

b) The Contractor shall be responsible for all employment taxes and other payroll withholding for its employees.

c) The Contractor shall be responsible and liable for the safety and health of its personnel while they are performing work for an HHS agency and while on the HHS Agency premises.

d) The Contractor shall be responsible for verifying that all of its employees assigned to perform services under the Contract are in compliance with all requirements of the Immigration Reform and Control Act of 1986, Public Law 99-603, which became effective November 6, 1986, and any subsequent amendments.

e) The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine eligibility of (A) all persons employed by the Contractor to perform duties within Texas; and (B) all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the contract within the United States of America.

f) The Contractor and the assigned Contractor employees or the Contractor’s Subcontractor and Subcontractor employees assigned to perform the services must have all applicable permits, licenses, accreditations, and insurance coverage.

Contractor Equipment The Contractor shall be responsible for the security, maintenance, loss or damage to its equipment or its Subcontractor’s equipment while on HHS Agency premises.

HHS Agency will NOT be responsible for damage to or loss of the Contractor’s or Subcontractor’s equipment.

Background Check for Personnel The Contractor or an independent third party may need to conduct comprehensive, statewide Texas Department of Public Safety (DPS) criminal and sex offender background checks on all Contractor personnel (e.g., permanent and temporary personnel and/or Subcontractor and Subcontractor personnel) who will be assigned to perform the services under the Contract.

The Contractor shall be responsible for all background check expenses.

The background checks must be conducted prior to any Contractor or Subcontractor personnel arriving on state property and beginning the required Contract services.

Supporting documentation confirming the completion of the background checks is subject to review upon request by the HHS Agency. Failure to produce the requested documentation, as with any violation of the Contract, constitutes grounds for termination of the Contract with cause.

The background checks shall include, but not be limited to, Social Security Number Verification.

Statewide criminal and sex offender records shall include, but not be limited to, all Texas counties and out-of-state counties based on the current and previous addresses of the key personnel for the last seven years.

Personnel with sex offender, child or adult abuse, or fraud convictions shall not be allowed to provide Contract services and shall not be allowed access to HHS Agency property, facilities, or documents in connection with the Contract.

Assigned personnel with misdemeanor convictions must receive prior approval by the HHS Agency before being allowed to work under this Contract.

Absenteeism and Vacation The Contractor shall provide substitutes for any of its employees or Subcontractor’s employees providing services at the HHS facility who may be absent for any reason. The Contractor shall provide relief personnel as necessary and/or work overtime at no cost to the HHS Agency, to ensure that the requirements of this Contract are performed and accomplished as required.

Telephone Service The Contractor shall have an active telephone service answered during normal business hours. Normal business hours are between 8 a.m. and 5 p.m. Monday through Friday, unless otherwise stated in the IFB.

24-Hour Contact The Contractor must provide the HHS Agency Contract Manager with 24-hour contact information for a minimum of two (2) Contractor personnel so the HHS Agency may communicate urgent performance issues that require immediate correction or any other issues that may occur. The Contractor’s 24-hour contact must always be available. Any urgent performance issues requiring immediate correction will be followed up in writing by the HHS Agency Contract Manager.

Contractor and Contractor Personnel Conduct All personnel employed by the Contractor to fulfill the requirements and terms and conditions of the Contract remain under the Contractor’s sole direction and control.

The following applies to the Contractor, Contractor employees, and, if applicable, the Contractor’s Subcontractor and Subcontractor’s employees.

Performance Compliance While performing the services, all Contractor and Subcontractor personnel must comply with all applicable state rules and regulations, and HHS Agency’s requests regarding personal and professional conduct applicable to the services provided as well as the service locations. All personnel must always conduct themselves in a businesslike and professional manner.

If the HHS Agency determines that an employee of the Contractor or Subcontractor is not conducting himself or herself in accordance with the conduct standards under this Contract, the HHS Agency may provide written notice to the Contractor. Upon receipt of such notice, Contractor must promptly investigate the matter and take appropriate action that may include:

a) Removing the employee from the project;

b) Providing the HHS Agency with written notice of such removal; and

c) Providing the HHS Agency with the information for the replacement employee, who must be qualified and trained, within the timeline designated by the HHS Agency.

Contractor Supervisor(s) and Performance Monitoring The Contractor shall provide competent supervisor(s) if the service location is at an HHS Agency facility. A Supervisor may be considered a roving Supervisor to monitor more than one location with approval from the HHS Agency Contract Manager.

All supervisors must be able to communicate in English verbally and in writing. The supervisor shall be knowledgeable of the Statement of Work (SOW) and requirements of the Contract.

The Contractor and the supervisors shall continuously monitor and maintain awareness, by personal inspection, of the quality and completeness of the work being performed. The Contractor and supervisor may be requested and required to inspect the HHS Agency facility with the HHS Agency Contract Manager or designee.

Personnel Removal and Replacement

a) Removal The HHS Agency may request removal for cause of any Contractor or Subcontractor employee assigned to the Contract, including but not limited to:

1. poor or unacceptable work performance,

2. theft,

3. abusive language or behavior, or

4. improper attire, in accordance with the terms and conditions of the Contract.

Occurrences of this type may be cause for termination of the Contract.

b) Replacement Replacement of Contractor or Subcontractor personnel will be subject to HHS Agency review and approval. At the request of the HHS Agency, the Contractor must replace any Contractor or Subcontractor personnel who are not adequately performing the required services or who are unable to work effectively with the HHS Agency Contract Manager or other HHS staff. The Contractor shall provide replacement personnel who have the required qualifications and training as outlined in this IFB and resulting Contract. The Contractor and HHS Agency Contract Manager will work together in the event of any such required replacement to prevent disruption in the services or performance schedule and will mutually agree upon the timeline for the replacement.

Intoxicants and Illegal Drugs Prohibited The use or possession of any kind of intoxicants or illegal drugs by Contractor (or any of its Subcontractors) employees while on duty at HHS Agency premises, including the building and grounds, is prohibited. At the sole discretion of the HHS Agency, non-compliance with this requirement may result in termination of the Contract.

Smoking Prohibited All HHS Agency facilities are nonsmoking buildings. Contractor’s and Subcontractor’s employees are prohibited from smoking in all non-designated areas.

Contractor Uniforms and Identification All Contractor and Subcontractor employees are required to wear company uniforms and identify badges while providing services in or delivering to HHS Agency premises.

Uniforms may be company shirts or T-shirts, smocks, and pants or shorts. The Contractor shall contact the HHS Agency Contract Manager to request approval for the use of other apparel.

The Contractor’s or Subcontractor’s uniform apparel must be of one standard color or design.

The Contractor’s or Subcontractor’s on-site managers or supervisors may wear a distinguishing style of uniform but should strive to maintain a company “standard color” to aid in identification.

All Contractor and Subcontractor personnel must prominently display their company identification badges, or the company name and employee’s name (first and/or last) must be on their shirt, T-shirt or smock.

HUB Subcontracting Plan (HSP) Requirements The Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD) administers the Historically Underutilized Business (HUB) Program in accordance with Chapter 2161, Texas Government Code, and Title 34,TAC Part 1, Chapter 20, Subchapter D, Division 1 Rules §20.281 to §20.298, . The HUB Program rules may also be accessed at: https://comptroller.texas.gov/purchasing/vendor/hub/.

It is the policy of HHSC to promote and encourage contracting and subcontracting opportunities with State of Texas-certified Historically Underutilized Businesses (HUBs). Information regarding the HHSC Policy on Using HUBs may be accessed at: https://hhs.texas.gov/doing-business-hhs/contracting-hhs/historically-underutilized-business-opportunities-program.

The HHSC HUB Coordinator has reviewed the service requirements of this IFB and has determined that subcontracting opportunities are probable for part or all the required services.

Reference the following Exhibit included as a part of this IFB:

a) Exhibit G – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements Courtesy Review of HSP A courtesy review by HHSC of a Bidder’s completed HSP is optional and is available to assist Bidders in providing a compliant and responsive HSP. This courtesy review may only identify possible deficiencies.

To request a courtesy review, submit the completed HSP including all supporting documentation in a PDF format by e-mail to the HHSC HUB Program Office by or before the Courtesy Review of HUB Subcontracting Plan deadline in the Schedule of Events, cover page of this IFB.

· E-Mail for Courtesy Review: Kayla.Ferguson@hhs.texas.gov

· E-mail Subject Line: HSP Courtesy Review, IFB No., Due Date HSPs received after the “Courtesy Review of HUB Subcontracting Plan” deadline in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda, will not be reviewed and will be returned to the requestor.

The final HSP must be submitted by the Response Deadline identified in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda. Responses received without a properly completed HSP will be disqualified.

Pricing Information Pricing Structure Prices offered, as part of the Bidder’s response, must be firm, fixed prices for the life of the Contract.

The pricing must be submitted only using Exhibit C - Pricing Sheet based on the description and the unit of measure(s) provided for each line item. The unit prices must include all IFB requirements, including, but not limited to, labor, equipment, materials, supplies and all related expenses.

Price Adjustments Contractors are required to immediately implement any price decrease that become available during the Contract term. Contractor must notify the designated HHSC Contract Manager in writing so that a Purchase Order Change Notice or Contract Amendment may be processed. The Contractor will be provided the HHS Agency Contract Manager contact information upon award.

Price Adjustment Index Price adjustments are not automatic. Prices only may be adjusted at the sole discretion of HHSC.

HHSC may permit price adjustments when correlated with the index as specified below and as published by the Bureau of Labor Statistics (BLS), Region VI, Washington, DC 20212.

BLS Website: https://data.bls.gov/cgi-bin/srgate CPI-W Urban Wage Earners and Clerical Workers – Series ID: CWURR0000AA0: https://data.bls.gov/timeseries/CWUR0000AA0 CPI-U All Urban Consumers – Series ID: CUUR0000AA0 https://data.bls.gov/timeseries/CUUR0000AA0 When using the most recent monthly information from the index, the following applies:

A = Index from the month of the Response Deadline of this IFB, OR The effective date/month of the last approved price increase or renewal option exercised, whichever is later.

B = Current or latest baseline index The allowable percent change must be calculated as follows:

B-A ÷ A x 100% = Percent of allowable price increase or decrease Failure by the Contractor to calculate this formula and provide any supporting documentation will not be considered a properly submitted price increase request and will result in rejection of the price increase request.

The Contractor may offer price decreases in excess of the allowable percent change at any time during the term of the Contract.

Price Adjustment Requests The Contractor must provide, in writing to the HHS Agency Contract Manager, a request for a price adjustment. The adjustment request must use the index and formula identified in Section 9.2.1 (Price Adjustment Index). Only contracts with renewals are eligible for CPI increases and must be completed prior to the start of the renewal period.

Contractor must provide supporting documentation to justify any price adjustment. Any request submitted that fails to use the formula above for calculating a price adjustment will not be considered a complete, properly submitted request and will be rejected. Additionally, any request submitted that does not include supporting documentation will not be considered a complete, properly submitted price adjustment request and will be rejected.

The HHS Agency reserves the right to accept or reject the request for a price adjustment. The Contractor will receive written notification, through a Purchase Order Change Notice or Contract Amendment, from the HHS Agency Contract Manager documenting action taken, to include effective dates, for any adjustments approved.

Discounts If Contractor at any time during the term of the Contract provides a discount on the final contract costs, Contractor will notify HHSC in writing at least ten (10) calendar days prior to the effective date of the discount. HHSC will generate a Purchase Order Change Notice or other Contract Amendment and send a revised Purchase Order or amended Contract to Contractor.

Federal Minimum Wage…