ESBD_358303_1715100059434_Formal IFB HHS0014396 Contingency Contract for Oxygen.pdf

PCS 137 - SERVICES

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Cecile E. Young, Executive Commissioner

Invitation for Bids (IFB) for

Contingency Contract(s) for Oxygen

IFB No. HHS0014396

NIGP Class/Item Nos:

430-48 Medical Gases, Anesthesia and Respiration Therapy: Carbon Dioxide, Cyclopropane, Nitrous Oxide, Pure Oxygen, etc.

962-86 Transportation of Goods, Shipping and Handling, and Other Freight Services 979-37 First Aid and Safety Equipment (Including Manikins and Models) Rental or Lease

Procurement Schedule - All Times are Central Time Reference Section 2 for further information

IFB Date Posted to ESBD May 7, 2024

Optional Vendor Conference Webinar May 13, 2024, 4:00-5:00 PM

Questions or Clarifications Submission Deadline May 17, 2024, 3:30 PM

Courtesy Review of HUB Subcontracting Plan (HSP) Submission Deadline May 21, 2024, 3:30 PM

Responses to Questions or Clarifications - Addendum posted on the ESBD May 23, 2024, 10:30 AM

Response Deadline: Responses to this IFB must be received May 31, 2024, 10:30 AM

Anticipated Contract Start Date July 1, 2024

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Table of Contents 1 Introduction and Purpose of IFB

1.1 Historical Monetary Value

1.2 No Guarantee of Volume, Usage or Compensation

1.3 Negotiation, Exceptions or Assumptions

1.4 IFB Components

2 Procurement Schedule 3 Withdrawal or Amendment of Response 4 HHSC Overview 5 Definitions 6 General IFB Information

6.1 Sole Point of Contact and Communications

6.2 Exception to the Sole Point of Contact

6.3 Binding Offer Period

6.4 Costs Incurred

6.5 Changes, Modifications and Cancellation

6.6 Ambiguity, Conflict, Discrepancy

6.7 IFB Questions or Clarifications

6.8 Notification of Addenda or Cancellation

6.9 Pre-Bid Meeting ADA Accommodations

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

8 HUB Subcontracting Plan (HSP) Requirements

8.1 HUB Subcontracting Plan (HSP)

8.2 Courtesy Review of HSP

9 Pricing Information

9.1 Pricing Structure

9.2 Price Adjustments

10 Changes to The Contract 11 Contract Term

11.1 Term of Contract

11.2 Initial Contract Term:

11.3 Renewal Option(s)

There are no renewal options on this contract

11.4 Extension Option

12 Contract Administration/ Purchase Order Administration

12.1 Contract Manager/Program Lead

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12.2 Performed Services Monitoring

12.3 Performance Reporting

12.4 Contractor Response to Notification of Non-Material Deficiency

12.5 Corrective Action Plan (The Plan)

12.6 Performance Issues

12.7 Public Information Act – Bidder Requirements Regarding Disclosure

12.8 Bidder Waiver – Intellectual Property

13 Invoicing and Payment

13.1 Bill-to Address

13.2 Invoice Information

13.3 Payment

13.4 Invoice Submission

13.5 Disputed Invoice(s)

14 Insurance Requirements

14.1 Specific Insurance Requirements

14.2 Alternative Insurability

15 Screening of Responses

15.1 Administrative Screening

15.2 Irregularities

16 Evaluation

16.1 Evaluation of Responses

16.2 Conformance with State Law for Evaluation

16.3 Specific Evaluation Criteria

17 Award 18 Standards of Conduct for Vendors 19 Disclosure of Interested Parties 20 Protest Procedures Appendix A – Submission Instructions and Response Checklist

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1 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 contingency contract(s) for oxygen in the event of a disaster, emergency, or exercise in the State of Texas.

Both HHS Agencies, HHSC and Department of State Health Services (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.

1.1 Historical Monetary Value

Historical spend for the same or similar services is $175,000.00 for the period Sept. 1, 2019 through August 31, 2023.

1.2 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.

The estimated historical spend included in Section 1.2 is provided only as a guideline for preparing the pricing response and should not be construed as representing anticipated or actual quantities that will be required.

1.3 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.

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1.4 IFB Components

This IFB includes the following items:

• PCS 137 IFB (this document)

• Exhibit A – HHS Solicitation Affirmations, v.2.4

• Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions

(UTCs), v.3.4, effective November 2023

• Exhibit C – Pricing Sheet

• Exhibit D – Supplemental Pricing Sheet

• Exhibit E – Bidder Reference and Contractor Qualifications Form

• Exhibit F – HHS Online Bid Room Information

• Exhibit G – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) and

Requirements

2 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.

3 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.

4 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

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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.

5 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) Department of State Health Services – DSHS

i) 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.com/esbd.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm http://www.txsmartbuy.com/sp https://www.txsmartbuy.com/esbd

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

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

k) 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.

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

m) 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.

n) 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.

o) Response – All information and materials submitted by a Bidder in response to this IFB.

May also be referred to as Bid or Bid Response.

p) Respondent – A term interchangeable with Bidder.

q) 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.

r) 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.

s) 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.

t) 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.

u) 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.

https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq

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

6 General IFB Information

6.1 Sole Point of Contact and Communications

The HHSC PCS Sole Point of Contact for inquiries concerning this IFB is:

Mary Ann Graham, CTCD Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756 Phone: 512-406-2487 Email: Maryann.graham@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.

6.2 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.

mailto:Maryann.graham@hhs.texas.gov

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Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan, the HUB Coordinator may be contacted at Isaiah.Wilczynski1@hhs.texas.gov. The Sole Point of Contact, Section 6.1, must be copied on the e-mail.

6.3 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 IFB 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.

6.4 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.

6.5 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.

6.6 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 mailto:Isaiah.Wilczynski1@hhs.texas.gov

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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.

6.7 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).

6.7.1 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.

6.8 Notification of Addenda or Cancellation

6.8.1 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.

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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.

6.8.2 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.

6.9 Pre-Bid Meeting ADA Accommodations

People who require ADA accommodations and wish to attend or participate in the pre-bid meetings and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 6.1 (Sole Point of Contact and Communications), at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by HHSC.

6.9.1 Attendance Log

Attendees, in person, are required to sign an attendance log at the conference or on-site visit.

HHSC will not be held responsible for an attendee’s failure to sign in on the attendance log.

For conference calls and webinars, participants will be added to the attendance log and should have the following information ready and properly announced or submitted:

a) Legal business entity name or name of individual which will be used if submitting a response to this IFB or subcontractor acting on behalf of the legal business entity;

b) Name and title of each representative on the call or webinar; and

c) E-mail address for the point of contact.

6.9.2 Vendor Conference and HSP Training Webinar

HHSC will conduct an optional webinar vendor conference and HUB Subcontracting Plan (HSP) training 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. The conference will provide a review of the requirements, scope of work, terms and conditions, and all components of this IFB.

A training session for completion of the HSP will be provided as part of the conference. Bidders are strongly encouraged to participate in this session. Bidders who do not submit an HSP or a properly completed HSP, if required, 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.

Vendors participating in the webinar must register to attend prior to the webinar at:

a) https://attendee.gotowebinar.com/rt/2965356910763886425 https://attendee.gotowebinar.com/rt/2965356910763886425

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b) Webinar ID: 342-458-195

c) Participant must enter business e-mail.

6.9.2.1 Questions or Requests for Clarification during Vendor Conference Webinar

The vendor conference allows participants to ask HHSC questions or request clarifications.

Questions are required to be submitted, either prior to or immediately after the conference, in writing, by e-mail, to the Sole Point of Contact, Section 6.1. The questions and requests for clarifications must be submitted as required in Section 6.7.1 (Submission of Questions).

a) Answers During the Conference

1. During the conference, HHSC may provide responses to questions or requests for clarification; however, these answers will not be considered official.

2. After the conference, the official responses to questions and requests for clarifications received during the conference and those received by the Deadline identified in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda, will be posted in an Addendum on the ESBD.

b) HHSC reserves the right to amend the answers previously posted at any time prior to the Response Deadline or deadlines established in subsequent Addenda. Amended answers will be posted on the ESBD in a separate, new Addendum or Addenda.

c) Notification of Addenda will be in accordance with Section 6.8 (Notification of Addenda or Cancellation).

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

The required services to be provided are oxygen cylinders and oxygen for deployments as needed in response to any disaster, emergency, or exercise in the State of Texas.

This is an ALL HAZARDS, (to include, but not limited to: flood, fires, hurricanes, tornados, pandemic response, and man-made), contingency contract to provide full oxygen cylinders, and oxygen refilling for deployments as needed by the Department of State Health Services (DSHS) State Medical Operations Center (SMOC) in response to any disaster, emergency, or exercise in the State of Texas.

This contract shall include, but is not limited to, the acceptance, storage, maintenance, deployment, and redeployment of current DSHS owned oxygen cylinder inventory and related oxygen equipment (wrenches, regulators, etc.). Vendor cannot reject agency owned stock and supplies that were purchased elsewhere. Additional purchased supplies are to be accepted into existing inventory and terms and cost are to be adjusted upon agency approval.

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Vendor will identify all DSHS owned oxygen cylinder tanks by stenciling the tanks with a permanent substance that would withstand outdoor weathering and handling use if those tanks are not already stenciled. Identification on the tanks would at least include Property of Texas Department of State Health Services and may include other contact information.

Vendor will provide and deploy additional full oxygen cylinders of various types (B, D, E, F, G, 125 Type) and associated equipment at pre-established rates as required by DSHS to support disaster operations. Rates should include costs for any equipment that becomes lost, stolen or damaged while deployed.

Full oxygen cylinders shall be deployed as requested by DSHS in written activation orders within 24 hours to support DSHS support of local or regional State of Texas Assistance Requests (STARs) throughout the state and for deploying to staging locations which shall be designated as oxygen cylinder exchanges for ambulances, ambuses, coach buses, and other vehicles as directed by DSHS; to support specified temporary refueling station points and comfort stations along pre-determined evacuation routes.

Vendor will meet with DSHS at least once annually to review deployment processes and reporting requirements prior to hurricane season. This meeting may be in-person or virtual, as requested by DSHS.

ACTIVATION OF CONTRACT

Contract shall be activated only by written notification by the designated DSHS SMOC Director or his/her designee.

Activation of the Contract may occur up to forty-eight (48) hours before the event or immediately after its occurrence.

Activation of the Contract may occur at any time, day or night including weekends and/or holidays only after an official written and signed notification of asset deployment letter has been sent to the Contractor's designated contact.

Activation of the Contract may occur based on an emergency or disaster or in preparation of an emergency or disaster as determined by DSHS.

Contractor must have full oxygen cylinders and all associated requested resources en route to designated destination within 24 hours of receipt of activation notification.

Contractor must acknowledge receipt of the notification within one (1) hour. Upon deployment activation, the assets must meet their operational commitment as specified in the notification from DSHS. The Notification will include the following:

• Authorization to activate.

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• List of assets requested to accompany personnel activation (event/incident dependent), if agreed upon.

• Locations for delivery of assets.

• Within four (4) hours of acceptance of the activation the Contractor will receive the official activation order from DSHS State Medical Operations Center (SMOC).

DELIVERABLES

Accept, store, and maintain at deployable status DSHS-owned oxygen cylinder inventory consisting of:

• Qty: 941, E-Type cylinders (25 CF, 4.5” Diameter x 26” Length)

• Qty: 81, D-Type cylinders (200 CF, 4.38” Diameter x 16.5” Length)

• Qty: 75, H-Type cylinders (251 CF, 9” Diameter x 51.5” Length)

• Qty: 50, 125 Type cylinders (125 CF, 7” Diameter x 43” Length)

Delivery and acceptance of said inventory shall be agreed upon by DSHS and Contractor no later than thirty (30) days from contract award.

Staging locations are exercise/disaster dependent and specific location addresses shall be determined by DSHS and included in the DSHS activation orders.

Deliver full oxygen cylinders (DSHS or Contractor owned) as directed by DSHS during a disaster, to include but not limited staging locations in San Antonio, College Station, Houston, Corpus Christi, or McAllen.

Contractor shall pick up empty cylinders and re-supply each location as needed.

Fill and deliver E-Type, 125 Type, and/or H-Type oxygen cylinders (DSHS or Contractor owned) in support of Emergency or Disaster Operation Training or Exercises as requested and specified by DSHS.

When requested, deliver initial supply of approximately fifty (50) full DSHS-owned E-Type cylinders to specified fuel points and comfort stations along the pre-determined evacuation routes.

Four (4) or more refueling station locations or comfort stations may be operational at one time.

When DSHS-owned cylinder inventory is exhausted, Contractor shall provide additional Contractor-owned full cylinders, as specified by DSHS. Contractor shall pick up empty cylinders and re-supply each location as needed. Section 4. ‘REFUELING STATION LOCATIONS AND COMFORT STATIONS’ shows the current fuel points and comfort stations. Fuel point locations are subject to change.

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Contractor may refuse to complete delivery if the contractor determines that the delivery site or drop off location is unmanned or unsafe for delivering cylinders. The contractor will work with DSHS in receiving revised and updated orders for delivery of the cylinders.

CAPABILITIES

Evaluation will be based upon bidder’s response to this solicitation, overall experience, the vendor's capability to support statewide operations, and vendor's capabilities with particular emphasis on the degree of supervision and number of employees that will be provided to perform this contract.

Respondents must be able to provide statewide service especially during an emergency and within the time specified in the activation order. Respondents must be able to deliver assets within a maximum of 24 hours after activation. Service must be available 24 hours per day, 365 days per year.

REFUELING STATION LOCATIONS AND COMFORT STATIONS

Refueling Stations Alice: REF marker 661; Southbound 6.3 miles south of FM 624; Northbound 10.4 miles north of

Alice.

Carthage: Panola County Expo Center, Carthage Baseball Complex in rear, off SH149 loop and

South Adams or Ball Park Road.

Columbus: SH 71, 1 mile west of Columbus.

Corsicana: Watkins Construction 3229 S. 15th Street.

Corsicana: Winters Oil 1940 E. 7th St. Near intersection of IH 45 and Hwy 31.

Falfurrias: 285 Falfurrias Hwy.

Hebbronville: High School at SH 16 and W. Lucille St.

Lufkin: Expo Center, Loop 287 between US 59 N and US 69 N Address: 1200 Ellen Trout Drive.

Madisonville: Madison County Fair Association, 591 Industrial Park Lane, off IH 45 between SH

21 and SH 75 exit.

Poteet: Festival Grounds, 9199 N. State Hwy. 16.

Roma: Roma High School on U.S. 83.

Temple: Southbound IH 35 Rest Area, halfway between Salado and Prairie Dell.

Comfort Stations

County Site Name

Brooks Brooks Rest Area Facility (US 281 Southbound)

Chambers Chambers Rest Area Facility (IH 10 Eastbound) Chambers Chambers Rest Area Facility (IH 10 Westbound)

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Colorado Colorado Rest Area Facility (IH 10 Westbound)

Colorado Colorado Rest Area Facility (IH 10 Eastbound)

Guadalupe Guadalupe Rest Area Facility (IH 10 Westbound)

Guadalupe Guadalupe Rest Area Facility (IH 10 Eastbound)

Kenedy US 77 Live Oak Live Oak Rest Area Facility (IH 37 Northbound)

Live Oak Live Oak Rest Area Facility (IH 37 Southbound)

Navarro Navarro Rest Area Facility (IH 45 Northbound)

Navarro Navarro Rest Area Facility (IH 45 Southbound)

Polk Polk Rest Area Facility (US 59 Northbound)

Polk Polk Rest Area Facility (US 59 Southbound) Victoria Victoria Rest Area Facility (US 59 Northbound) Victoria Victoria Rest Area Facility (US 59 Southbound) Walker Walker Rest Area Facility (IH45 Northbound) Walker Walker Rest Area Facility (IH 45 Southbound)

7.1.1 Performance Schedule

All required services must be available 24 hours per day, 365 days per year. Respondents must be able to provide statewide service, especially during an emergency within the time specified in the activation order. Respondents must be able to deliver assets within a maximum of 24 hours after activation.

7.1.2 Services Outside Regular Business Hours

All required services must be available 24 hours per day, 365 days per year.

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 have one (1) hour to respond (via call, email, text) that they can support the mission assignment/emergency request.

7.1.3 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.

https://hr.sao.texas.gov/Holidays

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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.

All required services must be available 24 hour per day, 365 days per year.

7.1.4 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) Respondents must have a minimum of five (5) years’ of experience as a distributor of oxygen systems, oxygen tanks, regulators and emergency oxygen products.

Respondents will be evaluated on the location of their oxygen filling stations.

b) The Bidder’s personnel to be assigned to perform the services must be fully trained and, at minimum, have one (1) years’ relevant experience.

c) Required Licensure and Accreditation, as required by State or Federal law.

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

e) The Bidder must have a 24-hour telephone number.

f) The Bidder must have Standard Operating Procedures that support disasters.

g) The Bidder’s personnel must be able deliver to, stay on site, and be self-supporting while on location.

h) 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 two

(2) years, to be listed in Exhibit E – Bidder Reference and Contractor Qualifications Form.

7.1.5 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.

7.1.6 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.

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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.

7.1.7 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

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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.

7.1.8 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.

7.1.9 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.

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7.1.10 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.

7.1.11 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.

7.1.12 24-Hour Contact The Contractor must provide the HHS Agency Contract Manager with 24-hour contact telephone 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 personnel must always be available. Any urgent performance issues requiring immediate correction will be followed up in writing by the HHS Agency Contract Manager.

7.1.13 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.

7.1.13.1 Performance Compliance

While performing the services, all Contractor and Subcontractor personnel must comply with all applicable state rules, regulations, and HHS Agency’s requests regarding personal and professional conduct applicable to the services being 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.

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7.1.13.2 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.

7.1.13.3 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.

7.1.13.4 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.

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7.1.13.5 Smoking Prohibited

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

7.1.13.6 Contractor Uniforms and Identification

All Contractor and Subcontractor employees are required to wear company uniforms and identifying 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.

8 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 Rules §20.281 to §20.298, Title 34, Chapter 20, Subchapter D, Division 1, Texas Administrative Code. The HUB Program rules may 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.

8.1 HUB Subcontracting Plan (HSP)

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 https://comptroller.texas.gov/purchasing/vendor/hub/ https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program

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8.2 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: Isaiah.Wilczynski1@hhs.texas.gov

• E-mail Subject Line: HSP Courtesy Review, IFB No. HHS0014396, Due Date

HSPs received after the…