ESBD_360073_1716244739501_24-0103_ILL Courier Services.pdf

REQUEST FOR PROPOSAL

RFP # 306-24-0103

Interlibrary Loan (ILL) Courier Services NIGP Class/Items: 962-24, 958-47, 956-38

Schedule of Events

Solicitation Posted Date: May 20, 2024 Vendor Questions Due: May 31, 2024; 5:00 PM CT

Pre-Submittal Conference: June 3, 2024; 10:00 AM CT Answers Posted to ESBD: June 4, 2024

HUB Notification Deadline: June 7, 2024 Response Due Date: June 19, 2024; 2:00 PM CT

Expected Contract Award Date: June/July 2024

Purchasing Department, Room # 309 1201 Brazos Street Austin, TX 78701

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to the solicitation prior to submitting a response. The respondent’s failure to periodically check the ESBD will in no way release the selected Vendor from addenda or additional information resulting in additional costs to meet the requirements of the solicitation.

Texas State Library and Archives Commission RFP # 306-24-0103

Table of Contents Section I

General Information 1 Introduction 2 Background 3 Prohibited Communication 4 Solicitation Method and Intent 5 Contract Term 6 Estimated Quantities 7 Adding New Products/Services to Contract After Award 8 Price Adjustments 9 Modification of Contract Terms and/or Amendments 10 Definitions 11 Additional Terms and Conditions

Section II Statement of Work and Specifications

1 Statement of Work 2 Deliverables 3 Contractor Responsibilities 4 TSLAC Responsibilities 5 Participating Library Responsibilities 6 Qualifications and Experience 7 Subcontractors 8 Historically Underutilized Business Subcontracting Plan (HSP) 9 Contract Monitoring 10 Insurance 11 Transition 12 Invoice and Payment

Section III Response Instructions

1 Schedule of Events 2 Pre-Submittal Conference 3 Inquiries 4 Response Submission 5 Response Content and Requirements 6 Texas Public Information Act 7 Evaluation and Award

Section IV General Terms and Conditions

ARTICLE 1. GENERAL

ARTICLE 2. TERMINATION, REMEDIES, AND DISPUTES

ARTICLE 3. INDEMNIFICATION

ARTICLE 4. CONTRACT PERFORMANCE

ARTICLE 5. CERTIFICATIONS, REPRESENTATIONS, AND AFFIRMATIONS

ARTICLE 6. PUBLICITY, PUBLIC INFORMATION, AND RECORDS

ARTICLE 7. ADDITIONAL STATE AND FEDERAL LAWS, RULES, AND REGULATIONS

Library Services and Technology Act (LSTA) Terms and Conditions Appendix A

Solicitation Coversheet Appendix B

Company Profile Company References

Appendix C Cost Worksheet

1 Initial Pricing 2 Renewal Pricing 3 Payment Terms 4 Early Payment Discount

Appendix D Technical Proposal

1 Project Approach 2 Proposed Project Management Plan 3 Assigned Project Team 4 Subcontractors 5 Training Plan 6 Project Schedule 7 Additional Services

Appendix E Confidential Information Form

Appendix F Terms and Conditions Exceptions

Attachment 1 Response Checklist

Attachment 2 Participating Libraries List

Attachment 3 Eligible Participating Libraries

SECTION I

GENERAL INFORMATION

1 Introduction

The Texas State Library and Archives Commission (TSLAC) requires a qualified contractor to provide statewide courier services for eligible Texas public and academic libraries.

Services shall be provided to TSLAC on behalf of the eligible and participating Interlibrary (ILL) libraries throughout the State of Texas.

2 Background

2.1. TSLAC Background:

The Texas State Library and Archives Commission (TSLAC), as authorized by Texas Government Code § 441.222, has established and maintains the TexShare consortium as a resource-sharing consortium operated as a program within the commission for libraries at institutions of higher education and for public libraries, libraries of nonprofit corporations, and other types of libraries. There are currently 669 libraries in the TexShare consortium eligible for courier services to provide expedited delivery of library materials between locations. The current statewide courier service, TExpress, provides drop-off and pick-up services to 214 library locations in Texas, but all TexShare libraries are eligible to join in the future.

This courier program will be known as the TEXpress program. Attachment 2 of this solicitation will provide a list of participating libraries. A list of potential new libraries that may elect to join the program is provided in Attachment 3 of this solicitation.

Additional information about TExpress services is provided at https://www.tsl.texas.gov/texshare/illcourierpage.html.

3 Prohibited Communication

3.1. Contact: All requests, questions, and other communications about this solicitation shall be made in writing through the e- Procurement portal or to TSLAC’s Purchasing Department, addressed to the following assigned Purchasing Team Member:

Primary Contact: Pam Rodriguez, Contract Coordinator Texas State Library and Archives Commission Attn: Purchasing Department, Room #309 1201 Brazos Street Austin, TX 78701 Email:

mailto:prodriguez@tsl.texas.govprodriguez@tsl.texas.gov Phone: 512/463-5487

Secondary Contact: Email: purchasing@tsl.texas.gov Phone: 512/463-7989

3.2. Prohibited Communications: Upon posting of this solicitation, TSLAC, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondents or their representative(s), except for the written inquiries described in Section III, Subsection 3. Respondents or their representatives may not ask questions about the solicitation by phone or in person and any such attempts will not be recognized as valid inquiries.

Failure to observe this restriction may result in disqualification of any subsequent response to this solicitation. Respondent may rely only on written statements issued through or by TSLAC’s Purchasing Team. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

https://www.tsl.texas.gov/texshare/illcourierpage.html mailto:prodriguez@tsl.texas.gov mailto:prodriguez@tsl.texas.gov mailto:purchasing@tsl.texas.gov

4 Solicitation Method and Intent

4.1. The Request for Proposal (RFP) solicitation allows qualified respondents to submit a written proposal addressing the requirements of this solicitation, qualifications, experience, approach, and other factors that will be employed to ensure the successful fulfillment of the specified products and/or services set forth herein. TSLAC will review, compare, and evaluate responses based on the criteria and weights identified in this solicitation.

4.2. It is TSLAC’s intent to identify one qualified vendor and award one contract(s) for the products and/or services included in this solicitation based on the response(s) that presents the best value and best meets the business needs of TSLAC.

4.3. TSLAC reserves the right to conduct a price analysis of the cost worksheet. Analysis will be conducted on required services within the cost worksheet.

4.4. TSLAC reserves the right to add or delete products and/or services from awarded contracts during the contract period without re-solicitation as new technologies emerge, or the business needs of TSLAC change. The additions or deletions will be mutually agreed upon with a written amendment to the contract.

5 Contract Term

5.1. Initial Contract Term: The initial contract term shall commence upon contract execution and continue through August 31, 2025, unless sooner terminated under the terms of this contract. Implementation is expected to begin upon execution of the contract. Courier services for the program will not begin until September 1, 2024.

5.2. Contract Renewals: The contract may be renewed for four (4) additional one-year periods, provided both parties agree in writing to do so, prior to the expiration date. Any renewals shall be at the same terms and conditions, plus any approved changes.

5.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of a solicitation shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TSLAC may, with the written consent of the awarded Contractor(s), extend the contract for a period of time as may be necessary to permit TSLAC continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

5.4. Termination: The contract shall terminate upon full performance of all requirements contained in the contract unless otherwise extended or renewed, as provided in accordance with all the contract terms and conditions.

5.5. Amendments: The contract may be amended in writing by mutual consent of the parties. Unless the solicitation states otherwise, the resulting award of the contract does not guarantee volume or a commitment of funds.

6 Estimated Quantities

Quantities specified herein are estimates only. TSLAC does not guarantee any minimum or maximum quantity of products/services or allocate any specific dollar amount on any contract that may result from this solicitation. TSLAC reserves the right to increase or decrease quantities of products and/or services, as needed, for the same price. TSLAC will only pay for actual products/services provided within the contract term.

6.1. Varying Factors: The number of courier transactions and materials needed to fulfill service may vary each year, making it difficult to predict future quantities.

6.2. Any quantities specified herein shall not be construed as a minimum or a maximum quantity that TSLAC may order.

6.3. Previous Courier Transactions

Fiscal Year Bags Shipped

FY2023 (09/01/2022 – 08/31/2023) 200,903

The Respondent shall include shipping all TExpress materials that are properly packaged and labeled between participating TEXpress libraries.

6.4. Courier Bags: The Respondent is expected to provide the courier bags for the materials to be transported. The bags will be provided to the participating libraries as needed.

7 Adding New Products/Services to Contract After Award

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract and that are not already on the contract may be added. A formal written request will be sent to the Contractor to quote on the proposed additional products/services.

Respondent shall submit proposals to the TSLAC as instructed. All prices are subject to negotiation with the Best and Final Offer (BAFO). TSLAC may accept or reject any or all proposals and may issue a separate solicitation for the products/services after rejecting some or all of the responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

8 Price Adjustments

8.1. Extension Period Pricing: A price escalation may be allowed upon renewal provided the Contractor notifies the TSLAC Purchasing Department, in writing, a minimum of sixty (60) days prior to renewal. The price escalation shall correlate with the appropriate U.S. government published index. Baseline index shall be the index published the month of award. Prices may be adjusted for each renewal period in accordance with changes in index over the preceding term. Failure to comply with these instructions may be grounds for disallowance of a price escalation as allowed herein.

8.2. Price Decreases: Price decreases will be allowed at any time. Contractor shall apply price decreases as soon as practicable following their determination. Any price reductions passed on to other customers shall be correspondingly offered at the same ratio to TSLAC. Contractor’s failure to promptly notify TSLAC of such industry-wide price decreases may constitute a breach of contract and the contract may be terminated. TSLAC reserves the right to award any terminated contract to the next lowest responsive respondent or re-solicit, whichever is in TSLAC’s best interest.

9 Modification of Contract Terms and/or Amendments

9.1. The terms and conditions of the contract shall govern all transactions under the Contract.

9.2. The Contract may only be modified or amended upon mutual written agreement of Texas State Library and Archives Commission’s Purchasing Department and the Contractor.

9.3. Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added to the Contract as an appendix and given effect. No additional term or condition added in the Contract can conflict of diminish a term or condition of the Contract. In the event of a conflict between the Contract and the Contractor’s terms and conditions, the TSLAC Contract terms shall control.

10 Definitions

Term Definition Agency Refers to the Texas State Library and Archives Commission; an agency of the State of Texas Best and Final Offer (BAFO) A revised final bid or proposal submitted after all clarifications, discussions, and negotiations with the agency.

Central Time Either Central Standard Time or Central Daylight Time, whichever is occurring in Austin, TX Contractor Refers to the Awarded Vendor resulting from this solicitation; Vendor and Contractor may be used interchangeably ESBD Refers to the Electronic State Business Daily; the website used to post solicitation opportunities and contract awards by Texas State Agencies ILL Acronym of Interlibrary Loan Participating Institutions Eligible libraries, state agencies, or state universities specified in this solicitation may use the product or service requested PDF Portable Document Format, a file format developed by Adobe that provides an electronic image of text or text and graphics that looks like a printed document and can be viewed, printed, and electronically transmitted

Program May be used interchangeably for TExpress or Interlibrary Loan (ILL) programs

Term Definition Request for Proposal (RFP) Formal solicitation method that requests proposals from eligible vendors Respondent An individual or business submitting an offer in response to this solicitation.

Response Refers to the formal proposal in response to this solicitation State Refers to the State of Texas and any state agency identified herein Subcontractor A person who contracts with a vendor to work or contribute toward completing work for a governmental entity; as defined by Texas Government Code 2251.001 TExpress TexShare Consortium A consortium of Texas libraries at institutions of higher education and for public libraries, libraries of nonprofit corporations, and other types of libraries administered by TSLAC as specified by Texas Government Code 441 subchapter M.

TSLAC Acronym for the Texas State Library and Archives Commission

11 Additional Terms and Conditions

These terms and conditions apply to the solicitation:

11.1. Contracting Information Responsibilities – In accordance with Section 552.372 of the Texas Government Code, respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the agency for the duration of the contract, (2) promptly provide to the agency any contracting information related to the contract that is in the custody or possession of the respondent on request of the agency, and (3) on termination or expiration of the contract, either provide at no cost to the agency all contracting information related to the contract as provided by the records retention requirements applicable to the agency. Except as provided by Section 552.374(c) of the Texas Government Code, the requirement of Subchapter J, Chapter 552, Government Code, may apply to the contract and the respondent agrees that the contract can be terminated if the respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

11.2. Terms and Conditions Attached to Response – Any terms and conditions attached to a Response will be not considered unless specifically referred and incorporated into the Response.

11.3. Texas Bidder Affirmation – Respondent certifies that if a Texas address is shown as the address of the respondent on this Response, respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

11.4. Vendor Representations - References to the “representations” of contractor include without limitation all representations, warranties, guarantees, certifications, and affirmations of contractor when submitting a response to this solicitation. By submitting a response, the contractor makes all of the representations included in the solicitation and agrees that all representations are material, true, and correct. Respondent acknowledges that TSLAC relies upon Respondent’s representations when awarding a contract. Contractor must promptly notify TSLAC if any representations are no longer true or correct. A contractor who does not promptly notify TSLAC is subject to remedies, including termination.

SECTION II

STATEMENT OF WORK AND SPECIFICATIONS

1 Statement of Work

The Contractor shall provide the following services and products in this procurement:

1.1. Requested Services:

1.1.1. Will deliver books and other library materials between currently participating, and any eligible libraries that join in the future, libraries throughout the state of Texas with a one price subscription option for 5 days per week unlimited pick-up/drop-off schedules, Monday through Friday, excluding holidays.

1.1.2. Will provide a tracking system or process for libraries and delivery staff to have accurate knowledge of the location of bags/items in transit.

1.1.3. Will provide operational guidelines and training on using the courier services to all participating locations and provide customer service that ensures accurate delivery of items shipped and timely responses to customer inquiries. Preference will be given for the availability of customer support by toll-free telephone and email.

1.2. Requested Reports

1.2.1. Will provide TSLAC with quarterly statistical reports on the usage by participating libraries. Quarterly reports will include the following data:

(A) Total number of calls received by Contractor from courier participants during each month in the quarter, along with the number of courier service complaints received in those months

(B) Current number of courier locations

(C) Number of new courier locations added in each month of the quarter, and the type of orientation provided to these new TExpress participants

(D) The number of items sent and received by each TExpress participant during each month

(E) Promotional and outreach activities for the program

(F) Financial report on billing information for TExpress participants

(G) Notes from any meetings with subcontractors, if applicable

1.2.2. Will deliver quarterly reports using the following schedule:

Quarter Date Range Anticipated Delivery Date* First Quarter (Q1) September 1 – November 30 December 15th Second Quarter (Q2) December 1 – February 28/29 March 15th Third Quarter (Q3) March 1 – May 31 June 15th Fourth Quarter (Q4) June 1 – August 31 September 15th

*If reports cannot be delivered on the anticipated delivery date because it falls on a weekend or holiday, they must be delivered the next business day or on a date agreed upon by both parties.

1.2.3. Will conduct an annual customer satisfaction survey and provide results to the TSLAC. Survey instrument will be submitted to TSLAC for approval prior to implementation and should collect information on overall level of customer satisfaction with the Contractor’s performance and suggestions for service enhancements. The anticipated delivery dates are provided in Section II, Subsection 2.

1.3. Requested Products:

1.3.1. Must offer branded packing bags, totes, or special boxes, etc. Features of these items must be:

(A) Sealed or secured

(B) Tear resistant

(C) Weatherproof

(D) Fit materials including traditional print material, audio-visual materials, and branded collateral.

(E) No larger than 17” x 25” with 6” thickness.

1.4. Other Requirements:

1.4.1. Must agree to add any additional participating library locations during the term of the services at the same fixed per-site rate in the original response. The Respondent must submit a list indicating which eligible locations shown in Attachment B could be served at the offered price. Preference will be given to Respondents willing to serve more of the eligible locations in Attachment B. The Respondent may also submit proposed prices for exceptions

- locations on Attachment B that cannot be served at the offered price.

1.4.2. Services to any proposed new locations that are not shown in Attachment B during the service term will be negotiated on a case-by-case basis. Schools and special libraries can be added.

1.4.3. Must agree to provide continual and uninterrupted services, outside of scheduled holidays and emergency situations, to all currently participating locations and any new locations added during the term of services.

1.4.4. Must allow shared drop-point sub-centers for libraries near one another or in local consortia arrangements.

1.5. Optional Services

1.5.1. May offer a variety of delivery options (e.g. three-day-per-week, two-day-per-week, delivery-on-demand, etc.)

1.5.2. May offer special delivery options (e.g. oversized deliveries with advanced notice (not to exceed 50 pounds), home delivery, expedited next-day delivery, etc.)

1.5.3. May enhance service by linking to regional courier services or courier services in other states

1.5.4. May offer other related services within the scope of this solicitation

1.6. Pricing and Payment Requirements

1.6.1. Costs for services will be determined on a fixed service-rate basis, per participating library site, and not on a per-pound or per-shipment basis, regardless of site location. The Respondent shall specify any surcharge amounts and/or the methods for determining surcharge amounts that may be added to the service rate to adjust for changing fuel costs.

1.6.2. Fixed-rate fees are paid on a proportional share rate by TSLAC and participating courier libraries; The Respondent must agree to invoice TSLAC monthly for only the agency’s proportional share, and to invoice each participating library directly for its proportionate share annually.

1.6.3. The courier services costs will be divided between participating libraries and TSLAC. The Contractor will be responsible for providing courier services to participating libraries and invoicing each participating library separately for their share of the costs for services. Annual subsidies are based on available funds from TSLAC's Library Services and Technology Act (LSTA) award amount through the Institute of Museum and Library Services (IMLS). The Respondent must specify which new locations shown in Appendix B, the Respondent will offer services at the same fixed-rate price as currently participating locations.

2 Deliverables

Below is the list of deliverables with the estimated timeline. Respondents must be capable of working within the estimated timeline or deadline provided below. Respondents may propose alternative timelines or deadlines but must meet the project's competition date.

No. Deliverable Description Estimated timeline or due date

2.1. Courier Services to participating TExpress libraries 09/01/2024 – 08/31/2025 and each executed optional renewal

No. Deliverable Description Estimated timeline or due date

2.2. Quarterly Progress Meetings with TSLAC Project Manager To be scheduled upon mutual agreement

2.3. Quarterly Reports delivered to TSLAC Project Manager As specified per the schedule in Section II, Subsection 1.1.5.

2.4. Delivery of Annual Customer Survey to participating TExpress libraries May each year during the contract term

2.5. Results of Annual Customer Survey delivered to the TSLAC Project Manager

July 15th of each year during the contract term

TSLAC reserves the right to alter dates as necessary to accomplish project objectives and performance requirements.

3 Contractor Responsibilities

The Contractor shall:

3.1. Maintain an accurate contact list for all participating locations and provide updated information as requested by the TSLAC Project Manager.

3.2. Collect and compile statistics to report to TSLAC as this solicitation specifies.

3.3. Submit reports promptly per a file format upon mutual agreement.

3.4. Provide reasonable written instructions to participating TExpress participating libraries on how to prepare and package their materials for transport between TExpress libraries.

3.5. Coordinate with the TSLAC to maintain and expand the courier service program and seek opportunities to enhance the cost-effectiveness of the program.

3.6. Schedule quarterly progress reports with the TSLAC Project Manager during the contract term. If subcontractors are used in this contract, they should be invited to the meetings.

3.7. Provide information on the courier service program to TexShare constituents and other interested parties, as requested.

3.8. Provide regular reports to the TSLAC Project Manager on the activities of the courier service program, expansion and enhancement planning, participation levels, and effectiveness of the program.

3.9. Submit the requested written report(s) to the assigned TSLAC Project Manager by the deadline specified in this solicitation or by the TSLAC Project Manager’s written instructions.

3.10. Agree to conduct all its services under the awarded contract by and through appropriate communication with TSLAC. No work, implementation, or other services shall begin by the Contractor except with the prior written authorization of TSLAC. The Contractor understands and agrees that work, implementation, and other services performed without prior authorization of TSLAC are considered outside of the scope of the contract and shall be performed exclusively at the Contractor’s risk. The Contractor will not be compensated for unauthorized work or work outside of the scope of the contract.

3.11. Provide services in accordance with the requirements specified herein and the resulting contract(s) and adhere to the TSLAC General Terms and Conditions and any federal terms and conditions, if attached.

3.12. Shall provide labor, materials, and equipment necessary to meet the specified services' requirements throughout the contract term.

3.13. Be responsible for all costs incurred in the performance of the contract.

3.14. Comply with all laws, ordinances, statutes, and regulations pertaining to the services required herein, and shall obtain such permits, licenses, and other authorizations as may be required.

3.15. Follow relevant safety rules and safely conduct the work.

3.16. Participate in lessons-learned meetings to provide feedback to the agency during contract closure at no additional cost to the agency.

4 TSLAC Responsibilities

The TSLAC will:

4.1. Notify participating libraries of the contract award and the upcoming transition, as needed.

4.2. Coordinate program implementation with the ILL software Contractor to ensure smooth operations.

4.3. Designate a TSLAC Project Manager and point of contact upon contract award; this individual will monitor the contract.

4.4. Not furnish materials, labor, equipment, or facilities unless otherwise specified in this solicitation or the resulting contract.

5 Participating Library Responsibilities

The Participating TExpress Library will:

5.1. Prepare and pack materials in padded envelope(s) or other suitable container(s) to ensure materials are adequately protected during transport between TExpress locations.

5.2. Clearly label all TExpress packages according to the Contractor’s instructions.

5.3. Coordinate program implementation with the ILL software Contractor to ensure smooth operations.

5.4. Provide written notice of service termination to the Contractor within 30 days. Services may be provided for the remainder of the month and terminated the next month. The Contractor should only bill for services rendered.

5.5. Pay invoices for services rendered in a timely manner.

5.6. Not furnish materials, labor, equipment, or facilities unless otherwise specified in this solicitation or the resulting contract.

6 Qualifications and Experience

Respondent shall meet the following minimum qualifications and experience to be eligible for consideration.

6.1. Minimum Qualifications

6.1.1. Shall be in a business of providing courier services with a minimum of two (2) years of experience providing and performing services similar in size and scope to the services specified within this solicitation; Recent start-up businesses do not meet this requirement.

(A) Must have demonstrated competence and capacity to manage a project of this scope, size, and complexity.

(B) Must have demonstrated experience in providing courier services among diverse organizations, to include 1) number and variety of organizations served by projects, 2) duration of projects, 3) budget of projects, 4) similarity of project services to the TExpress courier services, and 5) satisfaction of project participants with project services.

6.1.2. Respondent shall have available the necessary qualified personnel, skills, qualifications, organization and facilities, equipment, and supplies to fulfill the requirements under this solicitation and any resulting contract.

6.1.3. Respondent shall be in good financial standing. TSLAC reserves the right to request a copy of the respondent’s audited or un-audited financial statements.

Note: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has a history of expertise.

6.2. Assigned Key Personnel

Respondents shall provide the following key personnel:

6.2.1. Project Team Lead: This person is expected to implement services for the program and ensure a smooth transition during the initial term and any new participating libraries in the project.

6.2.2. Program Manager: This person will be the primary point of contact to manage and support the project. At a minimum, this role must have the following experience:

(A) At least two years of relevant experience managing prior courier services, library resource-sharing programs, or consortium operations.

(B) Served a number and variety of organizations.

(C) Successfully managed a project budget.

(D) Managed previous projects similar to the TExpress program.

6.2.3. Account Manager: This person will be the primary billing and contract point of contact for the awarded contract.

6.2.4. Additional Team Members: The Respondent may assign additional team members as needed. These roles must be specified in the response.

Supporting Documentation: Respondent must complete the form (or reasonable facsimile) in Appendix B and provide resumes of each team member. Project references on the resumes should correspond with the references required in Section II, Subsection 5.4 below. Experience provided should be similar in scope the project in this solicitation. Note: Personnel may serve in multiple roles.

6.3. Company References

Respondent must provide at least three (3) references for projects completed by the company within the last two (2) years and similar in scope. The Respondent must complete the form provided in Appendix B or provide a reasonable facsimile.

The references provided must demonstrate the following:

1. A number and variety of organizations served, which are similar to the requested TExpress courier services;

2. The service period or duration of the project;

3. The project budget.

All requested information is required. Please do not use TSLAC staff as a reference.

7 Subcontractors

Subcontractors providing services under an awarded contract shall meet the same requirements and level of experience as required of the Contractor (prime). No subcontracting under the Contract shall relieve the Contractor of the responsibilities for ensuring the requested services and products are provided. Respondents planning to subcontract all or a portion of the work to be performed must identify the proposed subcontractors in their Response.

A subcontractor is defined as a person who contracts with a vendor to work, supply commodities, or contribute toward completing work for a governmental entity as defined in Texas Government Code 2251.001.

8 Historically Underutilized Business Subcontracting Plan (HSP)

8.1. Respondent must make a good faith effort to use Texas certified HUBs for its subcontracting opportunities, and complete, sign and submit a HUB Subcontracting Plan with their Response and in accordance with the following instructions. The HUB Subcontracting Plan is a pass/fail process. FAILURE TO COMPLETE AND SUBMIT THE HUB

SUBCONTRACTING PLAN (HSP) WITH THE RESPONSE WILL RESULT IN DISQUALIFICATION.

Additional information to complete the HSP is provided on our website:

https://www.tsl.texas.gov/sites/default/files/public/tslac/admin/Vendor%20Instructions%20for%20HSP%20Form.pdf

8.2. In accordance with Texas Government Code §2161.252 and 34 Texas Administrative Code §20.14, TSLAC has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, or other factors. TSLAC estimates the value of this contract to be greater than $100,000 and further sets the HUB subcontracting goal at 26% of the contract’s value.

https://www.tsl.texas.gov/sites/default/files/public/tslac/admin/Vendor%20Instructions%20for%20HSP%20Form.pdf

8.3. It is the respondent’s determination if they choose to subcontract any of the work under the contract with a Texas Certified Historically Underutilized Business (HUB) or other businesses. The respondent shall identify all proposed HUB and other subcontractors at the time of response submittal by completing and submitting the HUB Subcontracting Plan. The form will be provided as an attachment on the solicitation posting or can be found on the Comptroller’s website:

https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf

8.4. A list of HUB subcontractors that may be able to perform the work identified as areas with potential subcontracting opportunities is provided as a separate attachment on the solicitation posting. Respondents may also access a list of HUB subcontractors who may be able to perform the work by searching the Centralized Master Bidder’s List (CMBL), as maintained by the Texas Comptroller of Public Accounts. The main CMBL search page is located here:

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

NOTE: The following list identifies potential subcontracting opportunities. The respondent may have other opportunities or may self-perform some opportunities. The Respondent is not required to subcontract every potential subcontracting opportunity.

NIGP Class & Item Code(s) Major Supplies or Services 962-24 Courier/Delivery Services, including Air Courier Services 085-30 Bags, Mail 085-45 Bags: Nylon, Polyester, Polypropylene 208-83 Shipping, Postal Management and Address Verification Software, Microcomputer 525-70 Library Labeling Supplies: Labels, Letters, Signals, etc.

956-38 Library Services (Not Otherwise Classified)

TSLAC does not endorse, recommend, or attest to the capabilities of any company or individual listed under the provided NIGP class and item codes. The list of subcontracting opportunities is strictly provided as a convenience to Respondents.

8.5. Respondents may contact small, minority, and women business trade organizations and development centers to announce your subcontracting opportunity (as specified in the HSP, Method B). The current list of small, minority, and woman business trade organizations and development centers is located here:

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

8.6. Respondents are highly encouraged to contact the TSLAC Purchasing Department for assistance with completing the HSP forms.

8.7. HUB Subcontracting Plan (HSP) Progress Assessment Report (PAR): After award of the contract, the Prime Contractor shall report all HUB and non-HUB subcontractor information using the HUB Subcontracting Plan Progress Assessment Report (PAR) form. The form shall be submitted to the TSLAC Purchasing Department each month, even during months that the Contractor is not invoicing TSLAC. All payments made to subcontractors shall be reported. The HSP Progress Assessment Report (PAR) form may be found here: https://comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls

9 Contract Monitoring

TSLAC will maintain an on-going review and status of the Contractor’s progress toward completion of services and will certify whether the Contractor’s invoices are reasonably comparable with the work completed. Payment(s) will not be made until all products and work has been reviewed and accepted by TSLAC.

Administration of the contract is a joint responsibility of the TSLAC Library Development and Networking (LDN) Division and the TSLAC Purchasing Team. The TSLAC Purchasing Team is responsible for administering the contractual business relationship with the Contractor. Upon issuance of the contract, TSLAC will designate an individual who will serve as the project manager and point of contact between the agency and the Contractor. The project manager does not have any express or implied authority to vary the term of the contract, amend the contract in any way, or waive strict performance of the terms and conditions of the contract.

This individual’s project management and contract administration responsibilities include, but are not limited to:

9.1. Monitoring the Contractor’s progress and performance and ensuring services conform to established specification requirements.

9.2. Managing the financial aspects of the contract, including approval of payments.

https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://comptroller.texas.gov/purchasing/vendor/hub/resources.php https://comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls https://comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls

9.3. Meeting with the Contractor to schedule service.

9.4. Reviewing progress, discuss problems, and consider necessary action as needed throughout the term of the contract.

9.5. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

9.6. Submitting the Vendor Performance Report for contracts with an overall value of $25,000 or more to the CPA’s Vendor Performance Tracking System (VPTS). http://www.txsmartbuy.com/vpts

9.7. Other areas as identified in the State of Texas Procurement and Contract Management Guide, current edition.

10 Insurance

10.1. Contractor shall procure and maintain the minimum insurance coverage during the entire period of their performance under this contract. Information concerning insurance coverage is provided in the General Terms and Conditions, Paragraphs 92 and 93. (Section IV)

10.2. Policy must contain an additional insured endorsement: “The State of Texas, acting through Texas State Library and Archives Commission and its officers and employees, is listed as an additional insured and loss payee.”

10.3. Prior to the comments of services and not later than five (5) days following award, the Contractor shall furnish to TSLAC a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to the assigned TSLAC purchasing team member, listed in Section I, Subsection 3.

11 Transition

11.1. TSLAC will provide assistance as needed for the efficient and smooth transfer of all TSLAC property, including but not limited to: data, publications, documents, property, equipment, and other materials which TSLAC retains ownership rights related to work provided under a previous or current contract.

11.2. Beginning Contract Phase: Awarded Contractor shall, with permission of TSLAC, be responsible for contacting previous Contractor to request transfer of all TSLAC property. The transition of TSLAC’s property shall occur with an agreed upon time frame to assure the new Contractor can begin providing services as required by TSLAC.

11.3. Property of TSLAC: All production materials supplied to or developed by the Contractor as a result of this solicitation are the property of TSLAC and shall be returned promptly and in good condition at the written request of TSLAC. The Contractor shall be responsible for all damages during the period the materials are in the Contractor’s possession, including but not limited to, when at the Contractor’s facility or at any subcontractor’s location. If damaged or lost, the materials shall be replaced at no cost to TSLAC.

11.4. Return of Materials: Return all materials at the written request of TSLAC to TSLAC’s Headquarters in Austin, Texas, using a method of shipment selected by TSLAC and a tracking number.

11.5. Contract Closure: At the end of the contract term or if the contract is terminated by either party, the Contractor shall return all TSLAC property to TSLAC or transfer all TSLAC property to all TSLAC designed Contractor immediately upon TSLAC’s request, at the agreed upon service fee.

12 Invoice and Payment

The following procedures apply to invoicing and payment. Payments will be processed per the Texas Prompt Payment Act and will exclude sales tax. More information is provided in the General Terms and Conditions (Section IV).

12.1. Contractor to submit invoices to:

Texas State Library and Archives Commission Attn: Accounts Payable PO Box 12516 Austin, Texas 78711 Phone: (512) 463-5471 or e-mail: AP@tsl.texas.gov http://www.txsmartbuy.com/vpts mailto:AP@tsl.texas.gov

12.2. Invoice must include:

12.2.1. Name of Contractor, Texas Identification Number, and correct “Remit to” address

12.2.2. Name of State Agency (Receiving entity)

12.2.3. Contract/Purchase Order Number

12.2.4. Description of services and service period

12.2.5. Quantity, Unit, Price; All prices should be extended on the invoice

12.2.6. Total price

12.2.7. Discount, if applicable, extended and deducted to arrive at the Net Total for invoice

12.2.8. Attach supporting documentation, if required

12.3. Billing Details

The Contractor must be able to provide the following details on their invoice(s). Failure to provide the requested level of detail on the invoice will result in delay of payment or non-payment.

12.3.1. Subsidy payment invoice to TSLAC

12.3.2. Invoices to participating libraries and the services rendered

12.4. Payment Schedule:

12.4.1. The Contractor will be paid as services are rendered; an invoice will be submitted to TSLAC and the participating libraries monthly.

If the Contractor completes additional implementation work or services without a written amendment to the contract, all work performed will be provided free of charge at the Contractor’s risk. TSLAC will not pay for unauthorized work, incomplete work, or work completed outside of the specified service period on the contract.

12.4.2. The Contractor will be paid for commodities delivered and services performed as invoiced. If another payment mechanism is agreed to by the parties, then Contractor will be paid in accordance with the agreement approved by the parties.

12.4.3. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of products and/or services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee per the Texas Prompt Payment Law.

12.4.4. Payments for services purchase with state appropriated funds will be made through state warrants issued by the Texas Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities local payment system.

SECTION III

RESPONSE INSTRUCTIONS

1 Schedule of Events

TSLAC intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TSLAC reserves the right to change the dates in the Schedule of Events upon written notification to prospective Respondents through posting an Addendum on the ESBD.

Event Date/Time Solicitation Posted Date: May 20, 2024 Vendor Questions Due: May 31, 2024; 5:00 PM CT

Pre-Submittal Conference: June 3, 2024; 10:00 AM Answers Posted to ESBD: June 4, 2024

HUB Notification Deadline: June 7, 2024 Response Due Date: June 19, 2024; 2:00 PM CT

Expected Contract Award Date: June/July 2024

TSLAC reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Respondents through a posting on the ESBD. It is the responsibility of interested Respondents to check the ESBD for all updates and changes.

Note that TSLAC is closed on the following dates and will not be available: https://www.tsl.texas.gov/holiday-closings Refer to the agency calendar for more details on agency closures.

2 Pre-Submittal Conference

2.1. The pre-submittal conference will be held on the date and time specified in Section III, Subsection 1 above. The pre-proposal conference is not mandatory. However, respondents are strongly encouraged to attend as important information regarding solicitation and response requirements will be discussed. Participants will have an opportunity to ask questions during the conference. However, verbal response provided by the agency are not binding until confirmed by the agency as a posted addendum.

2.2. The pre-submittal conference will be held via web conference. Participants will be required to register to document their participation the conference. For individuals that enter the meeting via phone, participants should message the host with their name.

When: June 3, 2024 10:00 AM Central Time (US and Canada)

Register in advance for this meeting:

https://us02web.zoom.us/meeting/register/tZYqfuyurDMjGdDxjqhmteZCer3MOGdIQ-nH

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

2.3. TSLAC will post all questions and answers resulting from this pre-submittal conference to the ESBD the next business day.

3 Inquiries

3.1. Clarifications: All questions or requests for clarification of this solicitation must be submitted in writing through the e- Procurement portal or via the assigned TSLAC Purchaser’s e-mail. Questions will be collection by the due date specified in Section III, Subsection 1. Questions should be submitted in the following format:

3.1.1. Reference the Section number, Subsection number, and page number on the solicitation

3.1.2. Question

3.2. Deadline: Questions shall be submitted no later than the date and time listed in Section III, Subsection 1 above.

https://www.tsl.texas.gov/holiday-closings https://us02web.zoom.us/meeting/register/tZYqfuyurDMjGdDxjqhmteZCer3MOGdIQ-nH

3.3. Answers to Questions: TSLAC will post all questions and answers on the ESBD no later than the date listed in Section III, Subsection 1 above. It is the respondent’s responsibility to view these questions and answers; TSLAC will not send a notification email when the Addendum is posted.

4 Response Submission

TSLAC has a new e-Procurement Portal that will accept submission of the electronic response to this solicitation.

4.1. Submission Instructions:

4.1.1. Respondent shall upload response content using the TSLAC e-Procurement Portal. The link is found at:

https://tsl.bonfirehub.com/portal/?tab=openOpportunities

4.1.2. VENDOR REGISTRATION REQUIRED: Prior to submitting your response, Respondents are required to register in the e-Procurement Portal. Registration is free and easy. Using this link (https://tsl.bonfirehub.com/portal/?tab=login) under the New Vendor Registration section, click on the “Create your free Bonfire account.” Registration will allow Respondents to submit their response to this solicitation.

(A) When registering, have your Texas Vendor ID number, DUNS, and W-9 form ready.

(B) If Texas ID number is unknown, enter the Federal Employer Identification Number.

4.1.3. Respondents will have the ability to modify their submissions up to the Response Due Date in the e-Procurement Portal.

4.1.4. Emailed, telephone or faxed Responses will not be considered.

4.1.5. Interested Respondents are encouraged to register in advance and submit their intent to bid notification, if requested on the e-Procurement Portal.

4.2. Submission Support:

4.2.1. The TSLAC e-Procurement Portal is compatible with the following browsers: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Browser cookies and Javascript must be enabled on the browser.

Submission by other methods will not be accepted unless non-electronic samples are required for this solicitation.

4.2.2. Respondents should contact Bonfire at support@gobonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

4.2.3. Support through Bonfire or TSLAC is not guaranteed one hour prior the submission due date. Interested Respondents are encouraged to begin the submission process one week prior to the bid due date. This allows time to troubleshoot any submission issues.

5 Response Content and Requirements

Below is a summary of required and requested information for the Proposal (Response). Responses submitted without this information will be evaluated accordingly. TSLAC reserves the right, in its sole judgement and discretion, to waive minor technicalities and errors in the best interest of the State.

5.1. General Response Format:

5.1.1. The maximum upload file size is 1000 MB. Documents should not be embedded within the uploaded files, as the embedded files will not be accessible or evaluated.

5.1.2. Response Checklist – Respondents should use Attachment 1 as a tool to ensure that all content is formatted appropriately for submission; the Response must address all criteria listed in Response Checklist.

5.2. Required Response Content:

Respondent MUST include the following documents and information in their Response submission.