ESBD_358005_1714609975698_073-05-49308-WL WHS R2 Travel Trailer.pdf

Request for Quotation (RFQ) - Commodities

BIDS MUST BE HAND DELIVERED TO TPWD BOOTH AT

SPOT BID FAIR.

Faxed or mailed bids will not be considered for award

Company Name: Solicitation No.: 073-05-49308-WL Attention: Due Date and Time: May 15, 2024, at 2:30 PM CT Address: TIN #:

City, State, Zip: Signature:

Phone: Email:

Instructions

• Any purchase resulting from this response shall be subject to the attached Terms and Conditions.

• Unless otherwise stated, shipping is considered to be FOB Destination, Freight Pre-paid, and Allowed.

• Responses shall be submitted on this form and must be manually signed.

Agency Name: Texas Parks and Wildlife Department Attention: Ryan Schmidt / Ben Olsen Address: 3407 S. Chadbourne St. #A

City, State, Zip San Angelo, TX 76904

Item Description Class-Item 073-05 Qty Unit of

Measure Unit Price Extension

Texas Parks and Wildlife Department (TPWD) is seeking to purchase one (1) Travel Trailer with accessories as per the attached specifications dated April 2024. All pricing shall be FOB destination and include any and all applicable shipping and freight charges.

Travel Trailer with accessories:

Examples: 2024 Dutchman Astoria Model:

2903BH; 2024 Coachmen Freedom Express Ultra-Lite Model: 294BHDS; or TPWD approved equivalent

Specify Make/Model (unit price(s) must include all shipping, handling, fuel surcharges and delivery fees):

1 EA $ $

Proposals must be submitted in person at the Senator West “Doing Business Texas Style Spot Bid Fair” in Irving Texas May 14-15, 2024, by 2:30 pm C.T.

TOTAL: $

For Further Information Contact: Danielle D. Bates CTCD, CTCM Phone No.: 512-389-4581 (Purchaser Name)

DELIVERY IN CALENDAR DAYS (ARO), CASH DISCOUNT % DAYS.

The period of acceptance of this response is 30 calendar days.

RFQ 073-05-49308-WL Page 2 of 25

TPWD SPOT BID FAIR SOLICITATION 2024

Solicitation 073-05-49308-WL Specifications for Travel Trailer

1. INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is seeking to a travel trailer to meet or exceed the following specifications.

2. TERM OF CONTRACT: Contract shall commence upon the issuance of a contract by TPWD and automatically expire upon the delivery date agreed upon and final acceptance by TPWD.

3. SPECIFICATIONS SHALL MEET OR EXCEED:

3.1. Examples: 2024 Dutchman Astoria Model: 2903BH, 2024 Coachmen Freedom Express

Ultra-Lite Model: 294BHDS, or TPWD approved equivalent. Reference Exhibit A – Floor Plans.

3.2. The following minimum specifications describe one bumper-pull travel (1) trailer, minimum length including hitch thirty-one (31) feet, maximum length including hitch thirty-four (34) feet, with a minimum one (1) and maximum two (2) doors for entrance and exiting.

3.3. The trailer shall distribute maximum properly loaded weight over the frame, tongue, and tandem axle in such manner as to ensure structural integrity and without the trailer experiencing failure or permanent sets in the trailer frame or of any component.

3.4. The complete trailer shall tow in a safe and stable manner at legal speeds. Units exhibiting fishtailing or other unsafe traits when towed empty or properly loaded will be rejected.

3.5. Any variation from these specifications must be indicated on the response or on a separate attachment to the response. The attachment must be labeled as such.

3.6. Respondent is cautioned that any unit delivered to the FOB point that does not meet specifications in every aspect will not be accepted.

3.7. Weight Capacity:

3.7.1. Trailer shall not exceed an Unloaded Vehicle Weight (UVW) of seven thousand

(7,000) pounds.

3.7.2. Gross Vehicle Weight Rating (GVWR) shall not exceed ten thousand (10,000) pounds.

3.7.3. Dry hitch weight shall not exceed seven hundred fifty (830) pounds.

3.7.4. The load imposed on each axle shall not exceed the rated capacity of the axle, the brakes, the suspension, the wheels and the tires.

3.8. Overall Measurements:

3.8.1. Overall length shall be a minimum length including hitch of twenty-eight (28) feet and a maximum length including hitch of thirty-four (34) feet.

3.8.2. Overall height shall not exceed twelve (12) feet including air-conditioning unit.

3.9. Tires and Axles:

3.9.1. Trailer shall have dual axles with load equalization capabilities.

3.9.2. Tires, two (2) per axle, minimum 205/75R/14C, shall be new tires with highway-type tread, mounted on wheels with a minimum of five (5) bolts.

3.9.3. Total combined load rating of the tires and wheels shall exceed the weight of the trailer, plus payload, less weight transferred to the towing vehicle. Load ratings shall be determined by reference to the current yearbook of the Tire and Rim Associated, Inc. (TRA), or the tire manufacturer’s published load rating. Tire ratings shall be calculated at sixty-five (65) miles per hour.

3.9.4. Minimum one (1) spare wheel and tire, matching those on the trailer shall be furnished.

RFQ 073-05-49308-WL Page 3 of 25

3.9.5. Carrier for spare tire shall be provided and mounted on the outside of the trailer so as not to interfere with operation of the trailer. Carrier shall have locking capability.

3.9.6. The dual axles shall be equipped with an “EZ-type” lubing system or TPWD approved equivalent.

3.10. Brakes:

3.10.1. Trailer shall be equipped with electric drum brakes acting on the dual axles (i.e., all four tires).

3.10.2. The electric brakes shall be complete with emergency breakaway feature that will automatically apply the trailer brakes upon disconnection from the towing vehicle.

3.11. Lighting – Outside:

3.11.1. Exterior trailer lighting shall be light emitting diode (LED) type, reflectors, clearance and side marker lamps, plus any additional mandatory components which are required for this type and size trailer. Reference Texas Transportation Code 547.352 Additional Lighting Equipment Requirements and Texas Transportation Code 49CRF § 393.11 Lamps and Reflective Devices.

3.11.2. Connector shall be provided on the trailer’s nose for connection of the trailer lighting to the towing vehicle. The connector wiring shall be in accordance with the requirements of the Department of Transportation (DOT). Each wire shall be labeled as to its function.

3.11.3. A metal license plate holder with a white lamp for illuminating the license plate shall be provided at the center or left side of the rear of the trailer

3.11.4. All reflectors shall be housed-type with screw or bolt-type mounting. Stick-on type reflectors are not acceptable

3.11.5. Sealed, splice-free, modular wiring harness shall be provided. Each wire shall be labeled to indicate its function.

3.12. Safety Equipment:

3.12.1. Plated safety chain(s) shall meet DOT § 393.70 Coupling Devices and Towing

Methods: each chain or cable shall have an ultimate strength at least equal to the gross weight (trailer and payload) of the vehicle being towed.

3.12.2. Two (2) safety hooks or clasps shall be provided. Hooks and all connectors shall meet or exceed the above requirements.

3.12.3. Each chain or cable shall be sufficient length for full turns and normal operation.

3.12.4. Interior shall be equipped with a carbon monoxide detector, smoke alarm, fire extinguisher and propane gas leak detector.

3.12.5. Entrance door(s) shall be equipped with dead-bolt locks.

3.12.6. If a slide system occurs on the trailer, a manual override shall exist on this system.

3.12.7. Electrical system shall be equipped with ground-fault circuit interrupter (GFCI) receptacles for outlets.

3.12.8. Exterior windows shall be equipped with safety glass.

3.13. Propane: Equipped with two (2) - twenty (20) pound propane tanks or equivalent with flip cover(s) on the front of the travel trailer.

3.14. Electrical: Travel trailer shall be equipped with standard electrical outlets (110 volt) and electrical wiring that meets all current laws, codes and regulations for travel trailers.

3.15. Heater and Air Conditioner:

3.15.1. Equipped exterior roof mounted air conditioning system that meets a minimum

15,000 British Thermal Units (BTU).

3.15.2. Equipped with a forced air heating system at approximately 30,000 BTUs.

RFQ 073-05-49308-WL Page 4 of 25

3.16. Water Heater: Travel trailer shall be equipped with a gas/electric water heater with a minimum five (5) gallon capacity which can heat a minimum fifteen (15) gallons per hour.

3.17. Beds/Bedrooms:

3.17.1. Minimum two (2) designated sleeping areas.

3.17.2. Minimum one (1) set of double-size over double-size bunkbeds for two (2) beds total.

Minimum mattress dimensions forty-eight (48) inches by seventy-four (74) inches at the rear of the trailer.

3.17.3. Minimum one (1) queen-size bed at the front of the trailer to include storage area underneath bed.

3.17.4. Flooring in the bedrooms shall be vinyl tile, linoleum and/or hardwood.

3.18. Kitchen/Dining Room Area:

3.18.1. Equipped with a refrigerator/freezer combo, minimum eight (8) cubic feet.

3.18.2. Equipped with a gas or electrical stove with minimum two (2) burner high output range.

3.18.3. Range hood shall be placed above or near the stove.

3.18.4. Equipped with a microwave.

3.18.5. Equipped with a residential-size sink with sink covers and metal faucet.

3.18.6. Kitchen flooring shall be vinyl tile, linoleum and/or hardwood.

3.18.7. Equipped with one (1) standard dining table with bench seats.

3.18.8. Table benches should include storage space.

3.18.9. Equipped with one (1) convertible bed/sofa next to dining table.

3.18.10. Overhead storage should be located above convertible bed/sofa.

3.19. Bathroom and Water Systems:

3.19.1. Equipped with a tub/shower with minimum height of six (6) feet.

3.19.2. Equipped with a power exhaust fan located in the shower, twelve (12) volt.

3.19.3. Include flush toilet located in the bathroom area.

3.19.4. Include sink with metal faucet and storage cabinet located in the bathroom area.

3.19.5. Equipped with a medicine/storage cabinet.

3.19.6. Flooring in the bathroom shall be vinyl tile, linoleum and/or hardwood.

3.19.7. Standard trailer sewer system with complete hose attachments for emptying sewer system.

3.19.8. Minimum one (1) black water tank with a minimum capacity of thirty (30) gallons.

3.19.9. Minimum one (1) fresh water holding tank with a minimum capacity of thirty (30) gallons.

3.19.10. Minimum one (1) gray water holding tank with a minimum capacity of thirty (30) gallons.

3.19.11. Heated and enclosed underbelly of trailer to protect holding tanks from below-freezing temperatures.

3.20. Exterior:

3.20.1. Minimum one (1) powered outdoor awning system attached to the exterior of the trailer.

3.20.2. Minimum one (1) heavy duty electrically or manually operated jack on the front of trailer,

3.20.3. Equipped with RV Standard 7-way wiring plug.

3.20.4. Equipped with leveling jacks, manual or automatic, two (2) located in front and two

(2) on back of trailer, used while parked.

RFQ 073-05-49308-WL Page 5 of 25

3.20.5. Equipped with All Conditions/Four-Seasons/Thermal/Climate Insulation Package or TPWD approved equivalent for operation in conditions below freezing.

3.21. Safety Inspection: The unit shall be inspected in accordance with Texas Motor Vehicle laws by a certified inspection station and shall have the inspection certificate furnished with the unit at time of delivery.

3.22. Certification Label: A certification label, meeting the requirements of Code of Federal Regulations Title 49, Chapter V, Part 567 shall be affixed to the front left portion of the trailer, at an easily visible location. Label shall include the Gross Axle Weight Rating (GAWR) and the Gross Vehicle Weight Rating (GVWR) of the trailer.

3.23. Serial Number: Trailer serial number shall be welded to or stamped into the left front portion of the frame so that it is clearly legible.

3.24. Safety Plaques or Decals: Product safety plaques or decals shall be furnished and affixed at the operator’s station and at any hazardous area. The safety plaques or decals shall describe the nature of the hazard, level of hazard seriousness, how to avoid the hazard and the consequence of human interaction with the hazard. Permanent plaques are preferred to decals. Type, size and location of product safety plaques or decals shall be in accordance with current American National Standards Institute (ANSI) Z535.4 standard.

4. REFERENCED BRAND EXAMPLE: Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Proposals on brands of like nature and quality will be considered. If proposing other than the referenced brands/model number, Respondent must show manufacturer, brand or trade name, product number and provide complete descriptive information of product offered and include with response. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

5. REQUIREMENTS:

5.1. Condition of Product: New Equipment ONLY; NO re-manufactured or “gray market” items. All items must be covered by the manufacturer’s warranty. The unit shall be made ready for continuous operation upon delivery. Responded is cautioned that any unit delivered to the FOB point that does not meet specifications in every aspect will not be accepted.

5.2. All Parts: All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the vendor. All parts shall conform in strength, quality and workmanship to the accepted standards of the industry.

5.3. Quantities: Quantities listed are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints.

5.4. Manuals: Manuals containing illustrated parts list, operating and service instructions for the unit shall be delivered with unit. Manual shall outline all necessary service and operating instructions for the unit delivered and provide necessary warning and safety precautions.

5.5. Warranty Requirements: The units shall be warranted against defects in material and workmanship for the manufacturer’s minimum standard warranty and shall cover 100 percent parts and labor for the units. Vendor shall furnish warranty and a list of warrantied

RFQ 073-05-49308-WL Page 6 of 25 repair companies to TPWD at time of delivery. The warranty begins on the date the unit is determined to meet specifications and accepted by TPWD.

6. DELIVERY AND ACCEPTANCE:

6.1. Freight Charges: Shipping shall be F.O.B. destination; therefore, unit prices must include all shipping, handling, fuel surcharges and delivery fees.

6.2. Delivery Schedule: Due to funding constraints, delivery preferred on or before August 31, 2024. Vendors ability to meet this delivery schedule may be a factor in determining award. Vendor must contact TPWD point of contact to schedule delivery date and time. Vendor shall provide one (1) week notice prior to delivery.

6.3. Delivery Address: TPWD WHS Region 2, 3407 S. Chadbourne St. #A, San Angelo, TX 76904.

6.4. Delivery Contact: Ryan Schmidt, 830-703-6808 or Ryan.Schmidt@tpwd.texas.gov, or

Ben Olsen, 737-228-2831 or Benjamin.Olsen@tpwd.texas.gov.

6.5. REGISTRATION AND TITLING: Permanent registration and titling will be performed by TPWD. DO NOT REGISTER ITEM. Vendor shall supply, as applicable, dealer's tag for item for 60 days from date of delivery. The original Certificate of Origin (COO) or Manufacturer's Statement of Origin (MSO) as well as the most current version of TXDMV form 130U or Application for Texas Title with signature shall be submitted with an invoice to:

TPWD Wildlife Division Attn: Julie McLagan 4200 Smith School Road Austin, TX 78744

The Name of Purchaser on back of COO or MSO and Applicant/Owner’s Legal Name (Line

16) on TXDMV Form 130U must only be assigned as:

Texas Parks Wildlife Department 4200 Smith School Road Austin, TX 78744

6.6. Delivery Delays: If delay is foreseen, Contractor shall give written notice to TPWD and must keep TPWD advised at all times of status of order. Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes TPWD to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.

6.7. Compliant Products: Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the specifications to Customer’s F.O.B.

destination, unless delivery is specifically accepted, in whole or in part, by the Customer.

Providing products, materials or services which do not meet all specification requirements does not constitute delivery. Customer 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.

6.8. Acceptance: All equipment ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than five (5) working days, weather permitting. Vendor will be notified within this time frame of any units not delivered in full compliance with the purchase order specifications.

mailto:Ryan.Schmidt@tpwd.texas.gov mailto:Benjamin.Olsen@tpwd.texas.gov

RFQ 073-05-49308-WL Page 7 of 25

7. SUBMISSION INFORMATION: In addition to pricing, Respondents are requested to submit the following information with their response:

7.1. Brand Name/Model: Respondents to specify Brand/Model of quoted product. Failure to take exception to specifications or referenced data will require Respondent to furnish specified brand name and model, etc. (Respondent may be required to submit product spec sheets and/ or other documentation prior to award.)

7.2. Descriptive Literature: Respondent should provide descriptive literature (product specification sheets) with response submission. Literature to address all salient characteristics, and clearly document that the offered product meets salient characteristics stated in the specifications. (Note: Respondent may be required to submit product specification sheets and/ or other documentation prior to award.)

8. Award Process: TPWD will award a Contract to the respondent whose quote is considered to be the Best Value to TPWD, price and other factors considered. The following factors may be used to evaluate quotes:

8.1. Lowest Price.

8.2. Technical Capability—Meeting or Exceeding the Requirements.

8.3. Delivery Schedule.

8.4. Past Performance.

RFQ 073-05-49308-WL Page 8 of 25

Exhibit A – Floor Plans

RFQ 073-05-49308-WL Page 9 of 25

GENERAL TERMS AND CONDITIONS

MARCH 2022

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each http://www.txsmartbuy.com/esbd

RFQ 073-05-49308-WL Page 10 of 25 sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177, of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

• The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor

Performance System,

• Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

• Having repeated negative Vendor Performance Reports for the same reason,

• Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.com/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

http://www.txsmartbuy.com/vpts

RFQ 073-05-49308-WL Page 11 of 25

6. DELIVERY:

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract.

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

RFQ 073-05-49308-WL Page 12 of 25

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021.

The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service. Payment by a political subdivision Customer whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event of: (1) the date TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date TPWD receives the invoice for the goods or service.

10. PATENTS, TRADEMARKS, OR COPYRIGHTS: Respondent agrees to defend and indemnify the TPWD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TPWD's or the State's use of any good or service provided by the Respondent as a result of this solicitation.

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent. The successful Contractor hereby assigns to TPWD, any and all claims for overcharges associated with any contract resulting from this solicitation which arise under the antitrust laws of the United States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

13. DEBTS AND DELINQUENCIES: As required by Gov't Code §2252.903, the Respondent agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency is has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

14. DISPUTE RESOLUTION:

14.1. The dispute resolution process provided for in Chapter 2260 of Texas Gov’t Code and TPWD regulations shall be used by TPWD and the Respondent to resolve all disputes arising under this Contract. The Contractor shall comply with such rules, as revised from time to time.

14.2. If the Contractor's claim for breach of Contract cannot be resolved informally with TPWD, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260. The notice shall also be given to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirement or toll the timing of the formal written notice of a claim for breach of Contract required under § 2260.051 of Texas Gov’t Code. Compliance by the Contractor with

RFQ 073-05-49308-WL Page 13 of 25

Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260.

14.3. The contested case process provided in Chapter 2260 is the Contractor's sole and exclusive process for seeking a remedy for an alleged breach of Contract by TPWD if the Parties are unable to resolve their disputes as described above.

14.4. Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code. Neither the execution of the Contract by TPWD nor any other conduct of any representative of TPWD relating to the Contract shall be considered a waiver of sovereign immunity to suit.

14.5. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TPWD, the Contractor shall continue performance and shall not be excused from performance during the period any breach of Contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend performance during the pendency of such claim or dispute if the Contractor has complied with all provisions of Gov't Code §2251.051, and such suspension of performance is expressly applicable and authorized under that law.

15. FRAUD, WASTE, AND ABUSE: By submitting a Response to this Solicitation, the Respondent represents and warrants that it has read and understood and shall comply with CPA’s Anti-Fraud Policy, found at:

https://comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of the Contract.

16. NAME CHANGES AND SALES:

16.1. If the Contractor changes its name or is sold to another entity, it must provide written notification to

TPWD. The Contractor, in its notice, shall describe the circumstances of the name change or sale, state its new name, provide the new Tax Identification Number, and describe how the change will impact its ability to perform the Contract. If the change entails personnel changes for personnel performing the responsibilities of the Contract for the Contractor, the Contractor shall identify the new personnel and provide resumes to TPWD, if resumes were originally required by the Solicitation. TPWD may request other information about the change and its impact on the Contract and the Contractor shall supply the requested information within five (5) working days of receipt of the request.

16.2. TPWD may terminate the Contract due to a sale of or change to the Contractor that materially alters the Contractor's ability to perform under the Contract. The TPWD has the sole discretion to determine if termination is appropriate.

17. CONTRACTOR RESPONSIBILITIES:

17.1. Contractor agrees to comply with all terms and conditions contained in this solicitation and resulting

Contract.

17.2. Contractor guarantees services offered will meet or exceed the written specifications identified in this solicitation.

17.3. Permits: Contractor shall be responsible, at the Contractor’s expense, for obtaining any and all permits or licenses required by city, county, state, or federal rules, regulations, law, or codes that pertain to the Contract.

17.4. Electrical Items: All electrical items provided by the Contractor to TPWD under the Contract must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC, or NEMA.

17.5. Executive Head: Pursuant to Gov't Code §669.003, the TPWD may not enter into a contract with a person who employs a current or former Executive Head of a state agency until four years have passed since that person was the executive head of the state agency. By submitting a Proposal, the Respondent certifies that it does not employ any person who was the Executive Head of a state agency in the past four years. If Section 669.003 applies, Respondent shall complete the following information in order for the response submission to be evaluated:

RFQ 073-05-49308-WL Page 14 of 25

Name of former executive: ________________________________ Name of state agency: ___________________________________ Date of separation from state agency: _______________________ Position with Respondent: _________________________________ Date of employment with Respondent: _______________________

17.6. Contractor agrees to take precautions necessary to protect person or property against injury or damage and be responsible for such injury or damage.

17.7. Contractor agrees to comply with Federal law or State Worker’s Compensation laws which are applicable to the work required or performed under this Contract and to pay or cause to be paid all compensation, medical or hospital bills which may become due or payable thereunder, and to protect and indemnify TPWD from and against any and all liability by reason of injury to employees of Contractor or subcontractor.

17.8. Contractor shall provide all labor, equipment, and materials (unless otherwise stated herein) necessary to furnish the goods or perform the service. All employees of the Contractor shall be a minimum of 17 years of age and experienced in the type of work to be performed. Only the Contractor and its employees will be allowed on state property during working hours.

18. TERMINATED CONTRACTS: By submitting a Response, the Respondent certifies that it has not had a Contract terminated or been denied the renewal of any Contract for non-compliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the Respondent does have such a terminated Contract, the Respondent shall identify each and provide an explanation for the termination.

19. INDEPENDENT CONTRACTOR: The Contract shall not render the Contractor an employee, officer, or agent of the TPWD for any purpose. The Contractor is and shall remain an independent Contractor in relationship to the TPWD. The TPWD shall not be responsible for withholding taxes from payments made under the Contract. The Contractor shall have no claim against the TPWD for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

20. RIGHT TO AUDIT / RECORDS RETENTION: Under Section 2262.154 of the Texas Gov’t Code, the State Auditor may conduct an audit or investigation of any entity receiving funds from the state directly under any Contract or indirectly through a subcontract under the Contract. The acceptance of funds by the Contractor or other entity or person directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the State Auditor’s Office, TPWD or any successor agency, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Contractor or other entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Contractor shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. Contractor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under these Contract funds were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Contractor shall maintain all such documents and other records relating to this Contract and the State’s property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Contractor shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the work of this Contract. Contractor and the subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit. Contractor must retain all work and other supporting documents pertaining to this Contract, for purposes of inspecting, monitoring, auditing, or evaluating by TPWD and any authorized agency of the State of Texas, including an investigation or audit by the State Auditor. Contractor shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all of such State’s work as requested. Contractor’s failure to comply with this Section shall constitute a material breach of this Contract and shall authorize TPWD and the State of Texas to immediately assess appropriate damages for such failure.

RFQ 073-05-49308-WL Page 15 of 25

21. FORCE MAJEURE: Neither Respondent nor TPWD shall be liable to the other party for any delaying, or failure of performance, of any requirement in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform.

Force majeure is defined as acts of God, fire, explosions, hurricanes, floods, epidemics, or pandemics, national or regional emergency, failures of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. The burden of proof for the need of such relief shall rest upon the Contractor. To obtain release based on force majeure, the Contractor shall file a written request with TPWD reasonably promptly from the time the force majeure event occurs.

22. PROPRIETARY OR CONFIDENTIAL INFORMATION; TEXAS PUBLIC INFORMATION ACT:

22.1. Any proprietary, trade secret or otherwise confidential information Respondent includes in its

Proposal must be clearly labeled as proprietary or confidential information, and Respondent must identify the specific exception to disclosure in the Public Information Act (PIA). Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Proposal subject to release under the PIA.

In order for TPWD to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described herein.

Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA.

22.2. Information, documentation, and other material in connection with this Response or any resulting Contract may be subject to public disclosure under the Texas Public Information Act, Chapter 552 of the Texas Gov’t Code.

22.3. Contractor is required to make any information created or exchanged with the state pursuant to this Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

23. RIGHT TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP): Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials prepared by Contractor in the performance of its obligations under this Contract shall be the exclusive property of the State of Texas and all such materials shall be delivered to the State by the Contractor upon completion, termination, or cancellation of this Contract. Contractor may, at its own expense, keep copies of all its writings for its personal files. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of Contractor’s obligations under this Contract without the prior written consent of the State; provided, however, that Contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works.

24. PUBLIC DISCLOSURE / NEWS RELEASES: No public disclosures or news releases pertaining to this solicitation shall be made without prior written approval of TPWD.

25. CONFIDENTIALITY AND SECURITY: The Contractor should not receive any sensitive or confidential information under the Contract. Any information the Contractor compiles or creates as a result of the Contract must be maintained and protected in accordance with any federal, state, or local laws and regulations that apply. The Contractor shall establish a method to secure the confidentiality of records and other information relating to clients in accordance with applicable federal and state laws, rules, and regulations. The obligations of the Contractor under this Confidentiality and Security Article shall survive this Contract and shall be included in all subcontracts.

26. TERMINATION: This Contract shall terminate upon full performance of all requirements contained in this Contract, unless otherwise extended or renewed as provided in accordance with the Contract Terms and Conditions.

RFQ 073-05-49308-WL Page 16 of 25

26.1. Termination for Convenience: TPWD reserves the right to terminate the Contract at any time, in whole or in part, without cost or penalty, by providing 30 calendar days’ advance written notice if TPWD determines that such termination is in the best interest of the state. In the event of such a termination, the Contractor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination.