ESBD_358007_1714664111523_TRS000481_IFB_Apple iPhone 15s_Solicitation Document.pdf

Teacher Retirement System of Texas

Invitation for Bid (IFB) Apple Inc. iPhone 15s Upgrade Solicitation No. TRS000481 NIGP Class/Item Codes: 839 35

Anticipated Schedule of Events

May 2nd, 2024 Issuance of IFB

May 8th, 2024, 3:00 p.m., Central time Deadline for Submission of Questions

May 24, 2024, 3:00 p.m., Central time Deadline for Submission of Proposals Late Proposals will not be considered

Solicitation Contents

I. Summary II. Definitions III. Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Information IV. Evaluation Process and Criteria V. Proposal Submittal Instructions VI. Sample Contract, including the Scope of Work and TRS Terms and Conditions

Solicitation Section I:

Summary

I. Summary

1. Purpose/Overview TRS is seeking a Contractor to provide Apple Inc. iPhone model 15s, in accordance with the Scope of Work and under TRS’ Apple Business Manager Program ID: 1270171.

2. Type of Solicitation Invitation for Bid (IFB)

3. Issuing Agency Teacher Retirement System of Texas Procurement & Contracts 1000 Red River Street Austin, TX 78701 2698 ATTN: Spencer Cummings

4. Purchasing Authority Competitive Procurement per Texas Government Code Section 825.103

5. Mandatory Requirements/Qualifications

Proposals that do not meet the following mandatory requirements will be rejected as non responsive and disqualified:

1) Respondent must affirmatively state that they are offering pricing under the Teacher Retirement System’s Apple Business Manager Program ID: 1270171

2) Respondent must affirmatively state that they are providing iPhone model 15s that are carrier unlocked with a current preference for T Mobile.

6. Responses to Solicitation Respondents are required to submit responses in the TRS Procurement and Vendor E System (PAVES) for each Evaluation Criteria listed above. Please see “Proposal Submission Instructions” section on how to create a confirmed bidder account to submit a proposal.

7. Deadline for Proposals Received by Teacher Retirement System of Texas (TRS) no later than:

May 24, 2024, 3:00 p.m., Central time

8. Contract Term Contract term shall be from execution until full order fulfillment.

9. TRS Procurement and Contracts Representative for this Solicitation

Spencer Cummings spencer.cummings@trs.texas.gov

All questions and inquiries about this solicitation must be sent to the Procurement and Contracts Representative only.

10. Contact with TRS Staff Upon issuance of this Solicitation, employees and representatives of TRS, other than the TRS Procurement and Contract representative identified in item number 9 above, will not discuss the contents of this Solicitation with any Respondent, potential Respondent, or its representatives, agents or subcontractors.

Failure of a Respondent or any of its representatives, agents or subcontractors to observe this restriction may result in disqualification of any related Proposal.

This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this Solicitation.

11. TRS Historically Underutilized Business (HUB) Coordinator

Blender Hill

(512) 542 6867 blender.hill@trs.texas.gov

12. Solicitation Addenda Changes to items directly impacting the Solicitation will be posted on the Electronic State Business Daily (ESBD) located at www.txsmartbuy.com/sp and posted in PAVES as an Addendum. It is the responsibility of an interested party to periodically check PAVES or the ESBD for updates to the Solicitation prior to submitting a Proposal.

13. Questions and Answers Questions regarding this Solicitation must be submitted in writing no later thanMay 8th, 2024, 3:00 p.m., Central time.

Telephone inquiries will not be accepted. Each Respondent is solely responsible for verifying TRS’ receipt of its questions, if applicable, and Proposal by the deadlines specified in this Solicitation.

Solicitation Section II:

Definitions

II. Definitions

As used in this Solicitation, the following capitalized terms shall have the meaning specified below:

1. Agency or TRS: Teacher Retirement System of Texas

2. Agency Primary Contact: The person designated by TRS to be the point of contact between TRS and the Contractor for monitoring Contract performance and providing day to day interaction and instruction during the term of the Contract. Also referred to as “Contract Manager.”

3. Contract: The definitive written agreement resulting from this Solicitation executed by an authorized representative of TRS and Contractor that formalizes the terms, provisions, covenants, and obligations of the parties, including but not limited to those contained in this Solicitation.

4. Contractor or Vendor: The Respondent awarded a Contract resulting from this Solicitation. The term “Contractor” or “Vendor” includes employees, representatives, agents, subcontractors, suppliers, and third party service providers of the Contractor, regardless of how such persons or entities are employed or contracted by the Contractor.

5. Contractor or Vendor Primary Contact: The person designated by the Contractor/Vendor to be the point of contact between the Contractor/Vendor and Agency for scheduling, filling, contract management, and day to day management of Services under the Solicitation.

6. Days: Calendar days unless otherwise specified.

7. Employee; Contract Employee: Any individuals who, on behalf of the Contractor, will or may participate in providing Services under a Contract resulting from this Solicitation.

8. Financial Interest: Receiving, or having a right to receive, money or other valuable property or benefits under or in connection with the actual or proposed Contract;

holding a position in a business such as a principal, officer, director, trustee, partner, employee, or the like, or holding a position of management; holding any of the outstanding debt of a person directly involved in the proposed or resulting Contract;

or owning stock or other interest in the business.

9. Fiscal Year (FY): The State of Texas and TRS fiscal year that begins September 1 and ends August 31.

10. Key Personnel: Individuals on behalf the Contractor who contribute to the development or execution of a project in a substantive, measurable way and whose absence from the project would be expected to impact the performance of the Contract.

11. Bid, Offer, Proposal, or Response: The documents, including any exhibits or attachments, submitted by a Respondent in response to this Solicitation. “Offer” has the same meaning as “Proposal,” “Response,” or “Bid” when such terms are applicable in the solicitation document so titled as Request for Proposals (RFP), Request for Offers (RFO), or an Invitation for Bids (IFB), respectively.

12. Project Manager: The individual who, on behalf of the Contractor, will have primary responsibility for the planning, procurement, and execution of the project, in any undertaking that has a defined scope, defined start, and a defined finish, regardless of industry.

13. Relative: A current or former TRS employee’s spouse, father, mother, brother, sister, son or stepson, daughter or stepdaughter, mother in law, father in law, sister in law, brother in law, son in law, or daughter in law.

14. Respondent: The individual or entity submitting a proposal, offer, or bid in response to this Solicitation.

15. Responsive: A Proposal that meets all minimum qualifications, HUB requirements, and submission requirements.

16. Services: All requirements, duties, schedules, locations, and other items specified in this Solicitation. The term includes any services associated with the Contractor’s performance under a Contract resulting from this Solicitation. Also referred to as “Work.”

Solicitation Section III:

HUB Subcontracting Plan (HSP) Requirements and Information

III. HUB Subcontracting Plan Information

In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code Section 20.285, each state agency that considers entering a contract with an expected value of $100,000 or more over the life of the Contract (including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the Contract. If subcontracting opportunities are probable, each state agency’s invitation for bids, requests for proposals, or other purchase solicitation documents with an expected value of $100,000 or more shall state that probability and if probable require a Historically Underutilized Business (HUB) Subcontracting Plan (HSP).

An evaluation of potential subcontracting opportunities was conducted for the Contract in accordance with Texas Government Code Section 2161.252, and it was determined that the Contract does not contain any probable subcontracting opportunities. Therefore, TRS is not requiring a HUB Subcontracting Plan (HSP) be submitted with responses to Solicitation.

However, if Respondent determines the need to subcontract for any services, materials and/or supplies to fulfill the terms of the Contract, the Respondent must immediately inform TRS so that the Solicitation may be updated, and the Respondent must submit a complete HUB Subcontracting Plan with its Proposal to be considered Responsive. The HSP form may be accessed at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

TRS will provide guidance on navigating the State of Texas HUB forms and Respondent is encouraged to seek assistance in completing the HSP from the TRS HUB Coordinator, Blender Hill, at (512) 542 6867 or at blender.hill@trs.texas.gov if the Respondent is going to subcontract any portion of the work listed in the scope of work included in the sample Contract, which is attached to this Solicitation.

For purposes of the Solicitation, TRS has determined that this procurement falls under the following category:

Special Trade Contraction – The goal is 50% Professional Services – The goal is 10% Other Services – The goal is 25%

X Commodities – The goal is 35%

If after the Contract award the Contractor determines a need to subcontract for any services, materials, and/or supplies, the Contractor must contact TRS for prior approval and request a review of its HUB Subcontracting Plan in accordance with the good faith effort requirements found in 34 Texas Administrative Code Section 20.14. The Contractor may not utilize a subcontractor without prior written approval from TRS.

A. State vs. Agency Annual HUB Goals:

Texas and TRS’s annual HUB expenditure goals for FY24 are listed below.

Procurement Category Statewide HUB Goals

TRS HUB

Goals

Special Trade Construction 32.90% 50.00% Professional Services 23.70% 10.00% Other Services 26.00% 25.00% Commodities 21.10% 35.00%

B. Finding HUB Vendors

For a list of HUB vendors, Respondent may use the Centralized Masters Bidders List (CMBL) and HUB Directory. Below are instructions on how to search the CMBL:

Access the CMBL and HUB Directory at:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do .

CMBL Page will default to certain fields already checked ensure that All Vendors are searched.

Enter Class Code and Item (leave Item blank to select any).

Enter District Number to select specific geographic location (leave district blank to select all).

Click the Submit Search button.

Detail List page will default to certain fields already checked.

Check Ethnicity, Gender fields, and Business Description as well as any other fields needed. Click go.

Identify HUBs on the Results For CMBL Plus HUBs Search page (HUB category is on far right of page).

Select HUB vendor and click on company name. Sometimes a vendor will have more than one listing use the most current one.

Confirm that HUB Status is “A” (Approved; Active) on the Vendor Detail page.

If vendor appears to meet your needs, then solicit a bid or response of interest.

Repeat this process until you have found a minimum of three (3) certified HUBs per subcontracting opportunity/area, either identified by the TRS or your company.

Solicitation Section IV:

Evaluation Process and Criteria

IV. Evaluation Process and Criteria

TRS reserves the right to award one or more Contracts(s) under this Solicitation. At TRS’ sole discretion, TRS also reserves the right to cancel this Solicitation, make awards for some, but not all, categories of service, or make no awards.

TRS reserves the right to ask questions or request clarification from any Respondent at any time during the Solicitation process, including each stage of the evaluation process. All such questions shall be provided to the Respondent by the TRS Procurement and Contracts Representative for this Solicitation.

A. Minimum Qualifications TRS will review the Proposals for a Respondent’s compliance with theminimum qualifications stated below and the submission requirements detailed in PAVES. TRS’ review of the minimum qualifications and submission requirements will be made on a pass/fail basis. Failure to meet all qualifications and requirements may, at any time, result in disqualification of the Respondent’s Proposal without further consideration or evaluation. Those Proposals which pass all minimum qualifications and submission requirements will advance to the Proposal Evaluation round.

Proposals that do not meet the following mandatory requirements will be rejected as non responsive and disqualified:

1. Respondent must affirmatively state that they are offering pricing under the Teacher Retirement System’s Apple Business Manager Program ID: 1270171

2. Respondent must affirmatively state that they are providing iPhone model 15s that are carrier unlocked with a current preference for T Mobile.

B. Proposal Evaluation Round

The evaluation committee will evaluate all Responsive Proposals during the Proposal Evaluation Round.

Responses will be scored under best value standards that are in the best interest of TRS. Award will be based on the lowest Price and meeting the minimum qualification(s)/specification(s) if applicable.

Solicitation Section V:

Proposal Submittal Instructions

V. Proposal Submission Instructions

Respondents are required to submit their Responses to this solicitation through the TRS electronic procurement system called PAVES (Procurement and Vendor E System). If awarded a TRS contract, the Contractor will be required to set up a PAVES account which requires:

2 factor authentication with a cell phone A separate login and password to be created for all Contractor contacts, including the

Contractor’s accounting department All invoices and deliverables must be submitted through the PAVES system

A. PAVES

Potential Respondents can find information about PAVES on the TRS website at:

https://www.trs.texas.gov/Pages/procurement_PAVES.aspx

The following instructions have been developed to assist vendors in creating and maintaining a PAVES account:

PAVES Basic Navigation for Suppliers New Supplier Registration How to Submit a Proposal How to Activate Supplier Profile (if awarded a contract)

B. Creating a PAVES Account and becoming a Confirmed Bidder

To become a Confirmed Bidder in PAVES, you must complete the New Supplier Registration process. By submitting your company’s information, login credentials will be generated, by which you can access PAVES. You will then be able to add additional company contacts, edit your profile, and bid on TRS solicitations.

The first step is to log into the PAVES supplier portal and follow the instructions for New Supplier Registration.

If, after submitting your registration, you receive an e mail stating that your registration has been rejected, this is most likely because your company has already been registered in PAVES.

The registration request will only be rejected if the Tax ID Number that is submitted already exists in PAVES. In this case, please contact the PAVES help desk at: PAVESHelp@trs.texas.gov.

C. Submitting a Proposal in PAVES

1. Once you are logged into PAVES:

a. Click the “Solicitations” tab at the top

b. Then click “Show public request for proposals”

2. Click the pencil icon next to the name of the solicitation round in which you wish to participate

3. Click “Participate in RFx”

4. You may be asked to click “I acknowledge receipt of this RFx”

5. Select “WILL BID: our intent is to respond to this RFx”

6. To complete the PAVES Questionnaire and submit a proposal for this solicitation, follow the instructions found in “How to Submit a Proposal.”

7. Please note that any solicitation documents, including Addenda, will be found in the section called “Round Documents” within the Overview tab of the Initial Round.

D. Question and Answer Period

All potential Respondents must create an account and review the solicitation before the deadline for submitting proposals. In addition, Respondents should note the deadline to submit questions concerning this solicitation on page 1 under the Anticipated Schedule of Events.

Respondents may submit questions to TRS through the PAVES portal by participating in the Question Round of this solicitation and following the instructions found in “How to Submit a Proposal.”

Solicitation Section VI:

Sample Contract/Purchase Order

Please note: Attached is an example contract/Purchase Order. A similar Purchase Order will be issued to the vendor awarded a contract from this solicitation. Several sections must be reviewed and/or updated in the proposal.

AGENCY:

TO:

Item Unit Total No. Qty Unit Price Price

1 $ $ 2 $ $

STATE OF TEXAS PAC 421

PURCHASE ORDER

Teacher Retirement System of Texas

Rev. 3/2/2022

CONTRACT/ PO NUMBER:

Teacher Retirement System of Texas Attn: Contract No.

1000 Red River Street

Order Date:

TR

Deliver to East Dock OnlyVID #____________________________

PCC Code: 9, Gov. Code 825.103

Street Address Austin, TX

1000 Red River Street Austin, TX 78701 2698

To Ensure Prompt Payment, Contract Number Must Be On ALL Receiving Documents & Invoices.

Vendor name DELIVER TO:

ADDING LIKE AND SIMILAR ITEMS TRS reserves the option to add or subtract like items or services (including additional locations) to or from this Purchase Order at negotiated price rates during the term of the Purchase Order, including any period of renewal or extension.

FOREIGN TERRORIST ORGANIZATION: By accepting this purchasing contract, you are confirming that neither you as the awarded vendor, nor the firm, corporation, partnership, or institution, represented by the awarded vendor, or anyone acting for such a firm, corporation or institution is engaged in business with Iran, Sudan, or foreign terrorist organization or with a company that is identified on a list of companies that are prepared and maintained per Tex. Gov. Code 806.051, 807.051, 2252.153.

NOT BOYCOTTING ISRAEL: By accepting this purchase contract, you are confirming that neither you as the awarded vendor, nor the firm, corporation, partnership, or institution, represented by the awarded vendor, or anyone acting for such a firm, corporation or institution boycotts Israel and will not boycott Israel as defined in Tex. Gov. Code 808.001 during the term of the awarded contract/PO.

FOB Destination

Class Item: Description

This Purchase Order is issued in accordance with the terms and conditions of TRS Contract No. CTR00XXXX…

TRS Terms and Conditions are attached and/or incorporated into all Purchase Orders Acceptance of this Purchase Order indicates vendor agrees to all of the terms and conditions

Deliveries will only be accepted between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding federal and state DELIVERY CONTACT: TRS Mail Center, 512 542 6125.

STATE OF TEXAS PAC 421

PURCHASE ORDER

Teacher Retirement System of Texas

Rev. 3/2/2022

CONTRACT/ PO NUMBER:

Teacher Retirement System of Texas Attn: Contract No.

1000 Red River Street

Order Date:

TR

Deliver to East Dock OnlyVID #____________________________

PCC Code: 9, Gov. Code 825.103

Street Address Austin, TX

1000 Red River Street Austin, TX 78701 2698

To Ensure Prompt Payment, Contract Number Must Be On ALL Receiving Documents & Invoices.

Vendor name DELIVER TO:

INSURANCE REQUIREMENTS: Vendor shall procure and maintain, in full force at all times, at the vendor's expense for the duration of the project and any extensions thereof, insurance according to the requirements in the soliciation. The vendor shall furnish original Certificates of Insurance, upon request. If vendor does not currently possess the required coverage at time of award, vendor must provide Certificate of Insurances in the required coverage within ten (10) days of Contract execution.

HUB Subcontracting Plan (HSP) Requirements: In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code Section 20.285, this contract does not require an approved Historically Underutilized Business (HUB) Subcontracting Plan (HSP).

However, if the Contractor determines a need to subcontract for any services, materials, and/or supplies to a subcontractor at any point during the life of this contract, the Contractor must contact TRS for prior approval and request a review of an HSP in accordance with the good faith effort requirements found in 34 Texas Administrative Code Section 20.14. The Contractor may not utilize a subcontractor without prior written approval from TRS.

If at any time during the life of this contract, the Contract determines the need to subcontract, the Contractor must complete and sign a monthly Progress Assessment Report (PAR) form via TRS’ Procurement and Vendor E System (PAVES) no later than the last day of the month for the life of the contract.

Please contact the TRS HUB Coordinator at blender hill@trs texas gov if you have any questions about this requirement or

STATE OF TEXAS PAC 421

PURCHASE ORDER

Teacher Retirement System of Texas

Rev. 3/2/2022

CONTRACT/ PO NUMBER:

Teacher Retirement System of Texas Attn: Contract No.

1000 Red River Street

Order Date:

TR

Deliver to East Dock OnlyVID #____________________________

PCC Code: 9, Gov. Code 825.103

Street Address Austin, TX

1000 Red River Street Austin, TX 78701 2698

To Ensure Prompt Payment, Contract Number Must Be On ALL Receiving Documents & Invoices.

Vendor name DELIVER TO:

Total: $0.00

Solicitation #TRS000481 and Vendor Responses (incorporated by reference)

Additional Doucmenation Included in this Purchase Order:

TRS General Terms and Conditions

Scope of Work Quote/Order Form

Insurance Requirments Vendor's Insurance Certificate (incorporated by reference)

Release of Claims To be included with final invoice

Contact Information

TRS Contract Manager:

TRS Contract Manager Phone:

TRS Contract Manger Email:

Vendor Contact Name:

Vendor Contact Phone:

Vendor Contact Email:

TRS P&C Email:

TRS P&C Phone:

TRS P&C Representative:

INVOICING: Invoice must include the above contract number and shall be submitted through the TRS Procurement and Vendor E System (PAVES). Payment will be made to the Vendor within thirty (30) days of acceptance in accordance with the Texas Prompt Payment Act, Texas Government Code § 2251.

Information on submitting an invoice in the PAVES portal:

https://www.trs.texas.gov/TRS%20Documents/PAVES create invoice.pdf

Web address to the PAVES portal:

https://trstexas supplier.ivalua.app/page.aspx/en/usr/login?ReturnUrl=/page.aspx/en/buy/homepage

STATE OF TEXAS PAC 421

PURCHASE ORDER

Teacher Retirement System of Texas

Rev. 3/2/2022

CONTRACT/ PO NUMBER:

Teacher Retirement System of Texas Attn: Contract No.

1000 Red River Street

Order Date:

TR

Deliver to East Dock OnlyVID #____________________________

PCC Code: 9, Gov. Code 825.103

Street Address Austin, TX

1000 Red River Street Austin, TX 78701 2698

To Ensure Prompt Payment, Contract Number Must Be On ALL Receiving Documents & Invoices.

Vendor name DELIVER TO:

By:

Purchaser, CTPM, CTCM

SALES TAX EXEMPTION CERTIFICATE: The undersigned claims an exemption from taxes under Chapter 20, Title 122 A, Revised Civil Statutes of Texas, for purchase of tangible personal property or services described in this numbered order, purchased from contractor and/or shipper listed above, as this property or

SHIPPING INSTRUCTIONS: Failure to follow these shipping instructions may result in merchandise being rejected at the receiving dock and/or returned to vendor without notice at vendor’s expense.

1. Agency prefers complete delivery.

2. Agency reserves the right to hold all invoices until complete delivery has been

Contract Documents List

Contract Documents List

The entire Contract between TRS and the Contractor consists of the Contract Documents listed on this page. In the event of any conflict or contradiction between or among the documents attached to or otherwise incorporated into this Contract, the following order of precedence will govern this Contract in the following order:

1. TRS Purchase Order

2. TRS General Terms and Conditions

3. Scope of Work

4. Approved Price Form

5. Insurance Section

6. Contractor’s Insurance Certificate (incorporated by reference)

7. Sample Release of Claims Form to be returned with final invoice

8. Solicitation number TRS000481 (incorporated by reference)

9. Contractor’s Response to Solicitation (incorporated by reference)

Sample Contract/Purchase Order – TRS General Terms and Conditions

This is a placeholder for the TRS General Terms and Conditions.

TRS’ General Terms and Conditions will become part of the awarded contract.

As part of the proposal process, the Respondent must review the linked document and provide any redlines for their proposal submission. All requested redlines must be included as part of the Respondent’s proposal, as there will not be another opportunity for redlines.

Please note that TRS may not award a vendor a contract due to excessive redlines to TRS Terms and Conditions.

Scope ofWork

Scope of Work

A. Introduction

Teacher Retirement System of Texas (TRS), a public pension fund and entity of the State of Texas, issues this Invitation for Bid # TRS000481 (the “Solicitation”) to solicit a qualified distributor for Apple Inc. iPhone model 15s as described in this Scope of Work. Contracts resulting from this Solicitation, if any, shall be utilize the TRS Apple Business Manager Program ID: 1270171.

B. Scope of Work

a. Background

TRS is a service oriented public pension system providing retirement, healthcare, and related benefit programs for Texas public education employees, retirees, and their beneficiaries (“Participants”). TRS’ mission is to improve plan Participants' and beneficiaries' retirement security by prudently investing and managing trust assets and delivering benefits that positively impact members’ lives.

TRS currently issues iPhone devices to select employees, both within the United States and abroad, and is looking to further expand that effort.

b. Description of Work

TRS is issuing this Invitation for Bid (IFB) # TRS000481 to solicit a qualified distributor for Apple Inc. iPhone 15s. Contractor shall provide the iPhone 15s, subject to the following stated specifications.

Contractor must provide goods under this Solicitation through the Apple Business Manager Program ID: 1270171.

Goods provided under this Contract shall not have cellular carrier restrictions and are required to be compatible with T Mobile.

Goods provided under this Contract shall be shipped FOB Destination.

TRS shall not be charged for any shipping fees under this Contract.

Only bids on items conforming exactly to these specifications, which include proposing only the brand name(s), make and model number(s) specified, will be considered in determining an award. No substitutions or alternatives are allowed.

TRS reserves the right to add like or similar goods and services through a Purchase Order Change Form (POCN) or amendment agreed upon by both TRS and the Contractor. Like or similar goods or services must include Apple Inc. goods or services

c. Acceptance Criteria for Deliverables

All goods provided by this Contract must be in brand new, original manufacture packaging and include all iPhone components.

All iPhones must have been reported to the Apple Business Manager utilizing the TRS ID specified. TRS will confirm all devices are within the Apple Business Manager program and available in the TRS MDM Product.

d. Reporting

Vendor shall provide TRS Contract Manager digital copy of packing slips and communicate tracking information once available. Vendor is also responsible for providing a spreadsheet of all iPhones that includes the Serial Numbers and IMEI Numbers at time of delivery.

C. Invoicing Requirements

Invoice Submission Contractor must use the TRS vendor portal, Procurement and Vendor E System PAVES to submit invoices. For more information, go to: https://www.trs.texas.gov/Pages/procurement_PAVES.aspx.

Line Item:

Product: Part: Apple Business Manager

Program ID:

Unit: Qty:

1 Apple iPhone 15 Plus black 5G smartphone 128 GB GSM

MTXR3LL/A 1270171 Each 350

2 Apple iPhone 15 black 5G smartphone

128 GB GSM

MTLV3LL/A 1270171 Each 200

Contractor shall submit invoices after confirmation of delivery. Invoices shall contain tracking information and a copy of the applicable packing list.

Goods provided under this Contract shall be shipped FOB Destination. TRS must not be charged for any shipping fees under this Contract.

D. Communication Plan

Below is the established communication plan for this Contract, which outlines how TRS and the Contractor will communicate throughout the term of the Contract.

Contractor will communicate via email and phone with the following TRS Staff:

Mike Vasquez, TRS Contract Manager

Contractor will communicate via email and phone with the TRS Contract Manager. Day to day activities will be between TRS Contract Manager and Contractor’s designated Account representative/Project Manager. Any escalation will be initiated with the TRS Contract Manager.

E. Performance Tracking

TRS may consider the Contractor’s performance during the life of the Contract.

TRS will provide written feedback on the Contractor's performance at the end of each term and before a renewal option is exercised. TRS reserves the right of non renewal or early termination of the contract for substandard performance.

TRS reserves the right to publish and distribute results of the performance reviews or other quality or compliance reviews per 34 Texas Administrative Code section 20.509. If TRS identifies substantial deficiencies regarding Contractor performance or competence in delivering services performed under the Contract, TRS may require corrective action to correct the deficiencies. TRS will monitor the Contractor’s performance and may use the monitoring results to evaluate the Contractor’s ability to provide adequate services to TRS in this contract or future contracts. If the Contractor fails to meet contract goals and expected results, TRS may reduce the scope of or terminate the Contract at no cost or penalty to TRS.

When assessing performance, TRS retains sole authority to determine whether the Contractor’s performance under the Contract is adequate. The Contractor agrees to the following:

a. Provide all Deliverables following target due dates;

b. Provide TRS with written notice of any known or potential issues with service performance within 24 hours of Contractor becoming aware of any such issues;

c. Provide TRS with an action plan to resolve any known or potential service performance issues and status updates as required by TRS; and

d. Timely respond to TRS staff questions within one to two business days.

F. Escalation Plan and Good Faith Negotiations

The Contractor shall provide an escalation plan for resolving known or potential issues with service performance that arise during the term of the Contract. The plan shall be subject to TRS’ approval. It must explain how issues are to be prioritized and resolved and include the Contractor’s representatives of increasing authority who have the authority to resolve issues. The Parties will attempt in good faith to resolve any claim or controversy arising out of or relating to the execution, interpretation, and performance of services under the Contract through prompt negotiation between representatives of the Parties who have the authority to settle the controversy

Approved Price Form

Price Form

Total Price

Item Description Unit Price (per unit)

Quantities (Multiplier)

Extended Price (Unit Price x Qty)

Apple iPhone 15 Plus black 5G smartphone 128 GB – GSM

Part: MTXR3LL/A Apple Business Manager Program ID:

1270171

Each 350

Apple iPhone 15 black 5G smartphone 128 GB – GSM

Part: MTLV3LL/A Apple Business Manager Program ID:

1270171

Each 200

Total

Insurance Requirements

Insurance Requirements

A. Coverages Required

Contractor shall obtain and maintain throughout the Contract term the insurance coverages listed below:

i. Workers’ Compensation Insurance:

Coverage to secure the payment of compensation to injured employees as defined in the Texas Worker’s Compensation Act.

ii. Employer’s Liability Insurance:

Excess Liability and/or Umbrella Liability insurance may be combined to meet the following minimum amounts:

Bodily Injury, $500,000 per accident;

Disease, $500,000 per employee;

Aggregate policy limit of $1,000,000.

iii. Commercial General Liability Insurance:

Coverage for claims of personal injury and bodily injury, including accidental death, and property damage which may arise from the performance of the contract. The types of coverage required are Property Damage, Premises and Operations Hazards, Independent Contractor, and Contractual Liability. Excess Liability and/or Umbrella Liability insurance may be combined to meet the following minimum amounts:

$500,000 per occurrence, $1,000,000 in the aggregate

B. Policies

The Contractor shall procure and maintain at the Contractor’s own expense, throughout the term of the Contract and any renewals or extensions thereof, sufficient insurance coverage as may now or hereafter be necessary to insure against any claim(s) for damages based on a violation of Law or arising out of services provided or to be provided to TRS and the Project under the Contract. Such coverage and limits shall not reduce the Contractor’s total liability under the Contract. To this end, the Contractor shall comply with the following provisions:

All insurance policies required under this paragraph shall be issued by companies authorized to do business under the laws of the state of Texas, licensed, eligible, or registered under Texas law with a rating of A or better in a financial size category of IV or higher according to A.M. Best Company.

Contractor shall furnish to TRS evidence of all required insurance, validated by the certificate of insurance. Evidence of insurance shall display TRS as the Certificate Holder.

a. Renewal Certificates

A TRS specific contract number associated with the Contract will be provided to the Contractor at the time of contracting. Contractor shall ensure that renewal certificates of insurance shall:

Display the associated contract number in the description of operations section of the certificate

Display required endorsements in the description of operations section of the certificate

Be submitted electronically via PAVES List only the TRS specific contract number in the subject line of the e mail Be furnished not more than thirty (30) days following the expiration of current policies Display TRS as the Certificate Holder

b. Notices of Change

The Contractor’s insurance policies must require the insurer or the insurer’s authorized agent to notify TRS of any cancellation, or material change, other than for non payment, at least 30 days in advance. The Contractor’s insurance policy must require the insurer or the insurer’s authorized agent to notify TRS of any cancellation or material change due to non payment at least 10 days in advance. These notices of changes must reference the TRS contract number and be made in writing by certified mail to the TRS Contract Manager at the address shown in the Contract.

c. Insurance Certificate

The Contractor shall provide TRS with evidence of the insurance coverage required under the Contract. The different coverage requirements listed in section 1, COVERAGES, cannot be added together to meet the aggregate requirements listed. The Contractor will submit the certificate to TRS no later than ten days after the award of the Contract, or as directed by the Special Terms and Conditions. Certificates must bear the contract number of this Contract. If the Contractor changes insurers, the Contractor shall give TRS a new certificate of insurance within ten days. The certificate of insurance shall set out any deductible or self insured retention amounts for each coverage required.

d. Required Additional Provisions

All policies of insurance shall include the following provisions:

Waiver of subrogation in favor of TRS, its trustees and employees for bodily injury

(including death), property damage or any other loss arising from the Contract; and

The Contractor’s insurance must be primary insurance with respect to the TRS and its trustees and employees.

Sample Contract/Purchaser Order – Historically Underutilized Business (HUB)

Requirements

HUB Subcontracting Plan Information

In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code Section 20.285, this contract does not require an approved Historically Underutilized Business (HUB) Subcontracting Plan (HSP).

However, if the Contractor determines a need to subcontract for any services, materials, and/or supplies to a subcontractor at any point during the life of this contract, the Contractor must contact TRS for prior approval and request a review of an HSP in accordance with the good faith effort requirements found in 34 Texas Administrative Code Section 20.14. The Contractor may not utilize a subcontractor without prior written approval from TRS.

If at any time during the life of this contract, the Contractor determines the need to subcontract, the Contractor must complete and sign a monthly Progress Assessment Report (PAR) form via TRS’ Procurement and Vendor E System (PAVES) no later than the last day of the month for the life of the contract.

Release of Claims

(This form must be returned with the last invoice.)

This is a placeholder for the document.

The Release of Claims is required to be signed by the Contractor and submitted with the final invoice. It will become part of the awarded contract.

The Respondent must review the linked document as part of the proposal process.