ESBD_367832_1720802327140_5-141-007 RFP Employee Assistance Program_SUBMISSION 07.12.24.pdf

RFP 5-141-007

Texas School for the Deaf

Purchasing Department – Pease Bldg.

1102 S. Congress Avenue

Austin, TX 78704

REQUEST FOR PROPOSALS

RFP No. 5-141-007

Employee Assistance Program

NIGP Class/Item(s): 952-38

RFP Issue Date: July 12, 2024 Questions Due: July 22, 2024; 3:00PM CT Agency Written Answers Provided: July 26, 2024; 3:00PM CT Proposal Due Date: August 2, 2024; 3:00PM CT Anticipated Commencement Date September 1, 2024

Purchaser: David Rivera, Purchasing Manager, CTCM, CTCD david.rivera@tsd.texas.gov

Table of Contents

SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

1.1. Texas School for the Deaf (TSD) is seeking sealed proposals for an Employee Assistance Program (EAP) for all employees and their immediate family members.

1.1.1. Location of services: 1102 South Congress Avenue, Austin, TX 78704.

1.1.2. Immediate family is defined as those individuals who reside in the same household and are related by kinship, adoption, marriage, as well as foster children who are certified by the Department of Family Protective Services, or minor children, whether or not living in the same household.

2. SOLICITATION METHOD AND INTENT

2.1. The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, location, availability, and other applicable factors that will be used to ensure successful completion of the requirements of services requested set forth in this RFP.

2.2. The terms and conditions, scope, and requirements outlined within this RFP and any accepted proposal will govern all transactions under any resulting contract resulting from this RFP.

2.3. TSD in its sole discretion has the authority to issue one (1) or multiple awards from any proposal submissions.

3. CONTRACT TERM

3.1. Initial Contract Term: The contract shall commence on September 1, 2024 and expire on August 31, 2025 unless sooner terminated under the terms of the contract.

3.2. Renewal Options: Contract may be renewed for up to three (3) additional one (1) year terms, provided both parties agree in writing prior to the contract expiration date. Any renewal shall be in accordance with the original terms and conditions plus any approved changes outlined in written contract renewal.

1st Renewal Option September 1, 2025 – August 31, 2026

2nd Renewal Option September 1, 2026 – August 31, 2027

3rd Renewal Option September 1, 2027 – August 31, 2028

3.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified services, TSD may with written consent of the awarded contractor(s) extend the contract period for a period not to exceed a twelve (12) month period and shall be at the same terms and conditions, plus any approved and written changes.

3.4. 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 the contract terms and conditions.

3.4.1. Termination by Mutual Agreement: TSD and Contractor reserve the right to terminate this contract upon mutual written consent.

3.4.2. TSD in its sole discretion reserves the right to terminate any resulting contract for convenience with a thirty (30) day written notice to the Contractor.

3.4.3. TSD in its sole discretion reserves the right to terminate any resulting contract for cause within fifteen (15) day written notice to the contractor. Contractor is liable for any and all damages and costs incurred by TSD.

3.5. Amendments: The contract may be amended in writing by mutual consent of both parties.

3.5.1. TSD reserves the right to administratively amend any resulting contract without the mutual consent of the Contractor.

4. QUANTITIES

4.1. TSD reserves the right to adjust quantities of full-time equivalent employees to meet the needs of employees and their immediate family.

4.2. Unless otherwise stated, the resulting contract award does not guarantee volume or commitment of funds. Quantities are estimates and shall be modified as required to provide essential EAP services.

5. QUALIFICATIONS AND EXPERIENCE

5.1. To be considered to provide services in accordance to this RFP, respondent shall meet the following minimum criteria:

5.1.1. Shall be in the business of providing employee assistance programs and have a minimum of three (3) years of professional experience providing such services.

5.1.2. Shall have provided services similar to those outlined in this RFP for a minimum of three (3) different contracts within the last five (5) years.

5.1.3. Shall be in good financial standing. TSD reserves the right to request copies of the respondent’s audited or unaudited financial statements.

5.1.4. Shall have available all necessary personnel, skills, qualifications, facilities and equipment required to fulfill all requirements set forth in this RFP and any resulting contract.

5.1.4.1. Must have staff that can communicate in both American Sign Language

(ASL) and English to provide direct services to deaf, hard of hearing, and hearing staff, and their dependents.

5.1.4.2. Counselor Qualifications: Counselors must have a minimum of a Master's Degree from an accredited college or university and be licensed or certified by the appropriate professional group and regulatory agency to provide services requested under this RFP.

5.1.4.3. Exceptions to the Master’s Degree requirement can be made for licensed, accredited or certified staff in fields requiring specific knowledge, training, and expertise obtained through professional training programs that do not award academic degrees. TSD reserves the right to approve or reject any education exceptions.

5.1.4.4. Contractor personnel who meet the criteria for Substance Abuse

Professional (SAP) as specified by the Omnibus Employee Testing Act of 1991 must be on staff to provide services to employees referred on the basis of drug and alcohol testing.

5.2. Preferred experience:

5.2.1. Experience with projects similar in size and scope to the project described herein.

5.2.2. Experience with the deaf and hard of hearing community.

5.3. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company

Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References with response submission to provide documentation to support the above qualifications and experience. TSD reserves the right to be the sole judge in determining the sufficiency of the respondent’s resources and ability to perform the contract and provide the service.

6. SCOPE OF WORK

6.1. Direct Services: All services must be provided at no cost to the client. Clients may use the

EAP for any problem that may affect job performance or work behavior, including but not limited to the following: Substance abuse, martial/family/relationship problems, psychological/emotional problems, financial problems, legal concerns, vocational/career development issues, and health concerns.

Contractor must provide the following direct services to address client problems:

6.1.1. Counseling: Contractor shall provide up to six (6) counseling sessions, including assessment and referral when indicated per incident or problem per client, per fiscal year (September - August).

6.1.1.1. Counseling session is defined as a scheduled conference of at least forty-five (45) minutes between a counselor and a client for the purpose of identifying and discussing problems and concerns.

6.1.1.2. A telephone conference, video relay, or virtual meeting may substitute for a face-to-face counseling session. Local vendors should provide face-to-face as a primary avenue for counseling sessions.

6.1.1.3. Clients in extreme crisis, including but not limited to inflicting harm on oneself or others will be provided services on an emergency basis and within ninety (90) minutes of such request.

6.1.1.4. Clients seeking assistance on non-emergency basis will be given an appointment within two (2) calendar days of the client’s first contact with the Contractor. Should a client refuse the originally offered appointment, the Contractor may schedule appointment(s) as available.

6.1.2. Referrals: If a referral is indicated, the counselor will assist the client in identifying the most appropriate resource(s) for his or her needs. Emphasis should be placed on identifying services that are covered by the client’s health plan or otherwise affordable to the client. The counselor will assist in the client accessing the services or resources and will follow-up to determine whether the services received were appropriate and helpful.

6.1.3. 24-Hour Telephone Assistance: A 24/7/365 telephone line and TDD line will be maintained to provide intake and referral services.

6.1.4. Clinical Incident Debriefing: Critical Incident Stress Debriefing teams and on-site counseling will be available in the event of a traumatic workplace experience.

6.2. Orientation, Training, and Information Dissemination:

6.2.1. Staff Orientation: Contractor must have a program orientation available to supervisors and staff. This includes on-site orientations and a virtual format.

Orientation date must be scheduled and agreed upon by Contractor and TSD point of contact.

6.2.1.1. Contractor must have promotional materials available to all employees, including but not limited to a wallet card and brochure or fact sheet descripting the Contractor’s services.

6.2.2. General Training: Contractor shall provide a minimum of twenty (20) training hours on a range of workplace, family, health and personal issues within a twelve (12) month period.

6.2.2.1. TSD Human Resources personnel will select topic(s) of training based on Contractor training options.

6.2.2.2. Training may be provided via in person or virtually.

6.2.2.3. Training must be available via direct ASL and English.

6.2.3. Employee Drug and Alcohol Education: Contractor shall provide education to employees regarding alcohol and drug abuse as required by the Omnibus Employee Testing Act of 1991.

6.2.3.1. A minimum of two (2) hours of training related to alcohol and drug abuse shall be provided to supervisors and safety-sensitive employees.

6.2.3.2. Training may be provided via in person or virtually.

6.2.3.3. Training must be available via direct ASL and English.

6.2.4. Ongoing Information Dissemination: Contractor shall provide the minimum information dissemination:

6.2.4.1. Additional wallet cards, brochures, and / or fact sheets made available to all employees as needed throughout the duration of the contract period.

6.2.4.2. Posters and other appropriate publicity material must be used on an ongoing basis.

6.2.5. Online Resources: Contractor shall provide online resources accessible to all employees to assist in resolution of problems and provide referrals.

6.2.5.1. Issues must address the following minimum issues: substance abuse, relationship problems (including marital and family), psychological, emotional, financial problems, legal concerns, vocational / career development, and health.

6.2.5.2. Resources must be available in English, ASL and closed captioning.

6.2.6. Reporting: Contractor shall provide TSD on not less than a quarterly basis, reports which contain the following information: initial contact type, client category, method of access, information source, gender, age, ethnicity, marital status, education, salary, length of service, presenting problem, recommended course of action, and effect of referral (follow-up). Data must be categorized and presented in a clearly understandable format agreed upon with TSD.

7. CONTRACTOR REQUIREMENTS

7.1. Contractor agrees to conduct all services under the awarded contract by and through appropriate communications with TSD. No services shall be undertaken by Contractor except with the prior written authorization by TSD. Contractor understands and agrees that work and services provided without prior written authorization by TSD personnel shall be at Contractor’s exclusive risk.

7.2. Standards: All work performed shall be performed and completed in accordance with best modern practices and approval of TSD. Any work performed not meeting the standards of TSD shall be corrected upon notification. Failure to correct all work not meeting standards of TSD shall give cause to the termination of any resulting contract from this RFP.

7.3. On-Site Service Schedule: Contractor and TSD shall mutually agree on service schedule

(dates and times) for each on-site training.

7.4. Contractor shall provide service in accordance with requirements specified in this RFP and the resulting contract(s) and adhere to TSD terms and conditions.

7.5. Contractor shall provide all necessary labor, material, transportation, equipment and any other necessary or incidental needs required to successfully complete and provide services in accordance with the specifications contained in this RFP and any resulting

7.6. Contractor is responsible for all costs incurred in the performance of the contract.

7.7. Contractor shall comply with all laws, ordinances, statutes and regulations as they pertain to the services requested in this RFP.

7.8. Contractor shall obtain all permits, licenses or other authorization as may be required to fulfill the services requested in this RFP.

7.9. Contractor shall follow relevant safety rules and conduct work in an appropriate and safe manner.

7.10. Contractor shall not subject any person to discrimination on the grounds of race, color, national origin, religion, sex, age, disability or political affiliation.

7.11. Contractor shall maintain all certifications, registrations, and / or licenses required by law to remain in good standing in the profession related to this RFP for the duration of the

7.11.1. Contractor must notify TSD within five (5) business days of any changes, including forfeiture of certifications or licenses directly affecting the ability to provide services outlined under this RFP during the term of this contract.

7.12. Contractor shall not enter into agreement with subcontractors or assign the contract to a differing entity without prior written approval of TSD.

7.13. Attire Standards - Dress code must follow the guidelines outlined below:

7.13.1. Shorts and skirts must be at least of mid-thigh length. No gym, running, or bike shorts.

7.13.2. No tube tops, halter tops, crop tops, no shirts with oversized armholes.

7.13.3. Clothing with rips, holes and / or graphic language, slogans, advertisements or images inappropriate for a school setting is strictly prohibited.

7.13.4. No visible tattoos depicting inappropriate images or language.

7.14. Contractor must ensure that all local office sites meet the accessibility requirements of the American with Disabilities Act. The needs of visually, hearing and mobility impaired participants must be provided for and the provider must allow for special phone lines, interpreters and wheelchair accessibility at all permanent and/or subcontracted EAP office sites.

7.15. Retention: Contractor must keep all financial records, support documentation, statistical records, and all other records pertinent to the contract for a minimum of three (3) years.

7.15.1. If any litigation, claim, and / or audit begins before the expiration of the three (3) year period, records shall be retained until all litigation, claims and / or audit findings involving the records are resolved.

7.15.2. Three (3) year retention period starts from the date of TSD’s final payment under the contract.

8. TSD RESPONSIBILITIES

8.1. TSD shall designate an internal Human Resources point of contact for specific communication related to employees upon contract award.

8.2. TSD shall furnish no labor, equipment or facilities unless otherwise explicitly stated in this

RFP.

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

9.1. Following the contract award, additional services of the same general category that could have been encompassed in the award of this contract and that are not already included in the contract may be added. A formal written request will be sent to the awarded Contractor to quote on the proposed additional services. Contractor shall submit proposals to TSD as instructed with. All quotes are subject to negotiation with the Best and Final Offer.

9.2. TSD reserves the right to accept or reject any and all quotes for additional services and may issue a separate solicitation for the additional services requested.

10. PRICE ADJUSTMENTS

10.1. Extension / Renewal Period Pricing: A price escalation may be allowed upon renewal provided the Contractor notifies TSD Purchasing Department, in writing, a minimum of sixty (60) days prior to renewal.

10.2. The maximum allowable percentage change must be calculated as follows:

(B-A) / A X 100% = Percentage of allowable price increase

“A” Definition: Consumer Price Index (CPI) from the month of the due date for the response; OR the effective date/month of the most recently approved price index.

“B” definition: Current or latest baseline CPI.

10.3. Price adjustments may occur no more than one time per State fiscal year (September – August).

11. INSURANCE

11.1. Contractor shall procure and maintain the below minimum insurance for the entire duration of service performance.

Type of Insurance Each Occurrence / Aggregate Workers Compensation Statutory Employer’s Liability Bodily Injury by Accident

$500,000 Ea. Accident

Commercial General Liability General Aggregate Applies Per Project

$1,000,000 Bodily Injury & Property Damage – Each Occurrence $1,000,000 Aggregate Limit $1,000,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit $5,000 Medical Expense per person

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit

11.2. Policy must contain additional insured endorsement stating Texas School for the Deaf and employees are listed as an additional insured and loss payee.

11.3. Prior to the commencement of the job and not later than (10) days following award, the Contractor must provide to TSD, a certificate of insurance as proof that the required insurance is in full effect. Certificate of Insurance subject to approval by authorized TSD personnel.

12. CONTRACT ADMINISTRATION

12.1. TSD Purchasing Manager will serve as the contract administrator and contract manager of the resulting contract, if any from this RFP.

13. INVOICING AND PAYMENT

13.1. Contractor shall submit all invoices to: Texas School for the Deaf, Accounts Payable, 1102 S. Congress Avenue, Austin, TX 78704 or accounts.payable@tsd.stexas.gov

13.2. Invoice shall be submitted no more than thirty (30) days after monthly service is provided, and at a minimum must include the following: Vendor name, TSD PO / Contract No., services being provided, dates of service, total cost.

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

1.1. TSD intends to proceed according to the following schedule. These dates represent a tentative schedule of events; however, TSD reserves the right to change the dates in the schedule of events upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an addendum.

RFP Issue Date: July 12, 2024 Questions Due: July 22, 2024; 3:00PM CT Agency Written Answers Provided: July 26, 2024; 3:00PM CT Proposal Due Date: August 2, 2024; 3:00PM CT Anticipated Commencement Date September 1, 2024

2. INQUIRIES

2.1. Contact: All requests, questions, or other communications about this solicitation shall be made in writing to TSD’s Purchasing Department, addressed to the following Person:

David Rivera, Purchasing Manager

Email: purchasing@tsd.texas.gov

2.2. Deadline for submission of questions: To provide TSD with sufficient time to adequately prepare response to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection I.

3. PROPOSAL CONTENT

3.1. General Response Format Option 1 (mailed submission): Respondent shall submit one (1) proposal signed in ink. Response shall be on 8-1/2 x 11-inch paper and tax-indexed corresponding to the sections/exhibits listed below. Spine-bound submissions are highly discouraged.

3.2. General Response Format Option 2 (electronic submission): Respondent shall submit one

(1) proposal signed in ink or digital signature. Response shall be on 8-1/2 x 11-inch paper and include a working table of contents corresponding to the sections/exhibits listed below.

3.3. Required Response Content: Respondent must include the following documentation with their response submission. Failure to submit completed forms with response may result in disqualification of the proposal

3.3.1. Exhibit A – Execution of Proposal

3.3.2. Exhibit B – Price Sheet

3.3.3. Exhibit C – Company Profile

3.3.4. Exhibit D – Key Personnel

3.3.5. Exhibit E – Past Projects

3.4. Additional Response Content: Respondent shall include the following documentation with their response submission or within one business day of TSD request. Failure to submit this additional documentation by TSD deadline may disqualify respondent’s proposal submission.

3.4.1. Addenda: Will be posed to ESBD per RFP schedule. Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The Respondents should include the signed and dated addendum(s) with their response submission.

4. PROPOSAL SUBMISSION

4.1. All proposals shall be received and date / time stamped by TSD Purchasing personnel prior to 3:00PM Central Time on the date specified in Section II, Subsection 1, and the place specified in Section II, Subsection 6. Late proposals will not be considered and will be returned unopened.

4.2. Mailed proposals shall be placed in a sealed envelope/package and identified with the correct RFP number, submittal deadline and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal to TSD by the specified date.

4.3. Receipt of any addenda to this RFP should be acknowledged by returning a signed copy of each addendum to the response.

4.4. Respondents to this RFP are responsible for all costs of proposal preparation.

4.5. Proposals shall be submitted to TSD Purchasing Department, as noted in Section II, Subsection 5 below.

4.6. Telephone and facsimile proposals are not an acceptable response to an RFP.

4.7. All submitted proposals become the property of TSD after the RFP submittal deadline.

Responses shall constitute an offer for a period of ninety (90) days or until selection is made by TSD, whoever is earlier.

5. DELIVERY OF PROPOSALS

5.1. Proposals shall be submitted to TSD by one of the following methods:

U.S. Postal Service Overnight/Express Mail Hand Delivery

Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

Texas School for the Deaf Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

Texas School for the Deaf Pease Building – Basement Floor

1102 S. Congress Avenue Austin, TX 78704

Electronic Mail Texas School for the Deaf Attn: Purchasing Manager purchasing@tsd.texas.gov

Note: Proposals must be date stamped in TSD’s Purchasing Department prior to due date and time

6. EVALUATION AND AWARD

6.1. Step 1 – Administrative Review: Only complete responses with the required submission documents will be considered. Failure to meet the minimum qualifications and submit the required documentation will result in a response being declared non-responsive. TSD reserves the right to reject any or all proposals, and to waive informalities and minor irregularities in proposals received. No proposal received in TSD’s Purchasing Department after the exact date and time specified as the deadline to responses will be considered.

6.2. Step 2 – Initial Evaluation: TSD will establish an evaluation committee and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses to this RFP will be evaluated according to the Respondent’s ability to best satisfy TSD requirements. Respondent’s submission is evaluated and scored on a weighted system outlined below:

Evaluation Criteria Weight Compensation and Fees (based on Exhibit B) 40% Qualifications & Experience (based on Exhibits C, D, & E) 60%

Total 100%

6.3. Step 3 – Short List: TSD reserves the right at its sole discretion to develop a short list, at which time TSD may check references and/or request an interview with each respondent for further consideration. Interview scores (if applicable) will be included in the overall evaluation criteria and scoring.

6.4. Step 4 – Best and Final Offer (BAFO): TSD’s evaluation committee will determine if a BAFO is necessary. Award of a contract may be made without discussions or BAFO, if in the best interest of the State.

6.5. Award: TSD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TSD and the State in performance of this service. TSD will be the sole judge of value.

6.6. Best Value Criteria may include but is not limited to the following:

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

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

● Provides the most customer focused solution that will best meet the needs of TSD

● Past performance based upon pass/fail criteria in compliance with TX Gov’t Code

2155.074, 2155.075, 2156.007, 2157.003, and 2157.125.

6.7. Post Award Meeting: TSD reserves the right to schedule a post award meeting, either in person or via teleconference with Contractor(s) at any point after award of the contract.

The purpose of the meeting(s) is to discuss terms and conditions of the contract and / or to provide additional information regarding the contract.

SECTION III – STANDARD TERMS AND CONDITIONS

July 2022

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

Any contract awarded as a result of this solicitation will contain the standard terms and conditions listed below.

Subcontractors are required to comply with these provisions set forth. Any acceptations must be in writing and approved by proper TSD personnel.

1. BIDDING REQUIREMENTS:

1.01. Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

1.02. Bids should be submitted on this form. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

1.03. Bids must be time stamped at Texas School for the Deaf (TSD) on or before the hour and date specified for the bid opening.

1.04. Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.05. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.06. Bid prices are requested to be firm for TSD acceptance for 30 days from bid opening date. "Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.07. Bidder should enter Texas Identification Number System (TINS) number, full firm name and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right-hand corner.

1.08. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by TSD based on an acceptable written reason.

1.09. Purchases made for State use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

1.10. AWARD NOTICE: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items at the sole discretion of the State. The State also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of the State. Any contract may also be extended up to three months at the sole discretion of the State.

1.11. Consistent and continued tie bidding could cause rejection of bids by the TSD and/or investigation for antitrust violations.

1.12. Inquiries pertaining to this RFP must include the requisition number, class/item codes, and bid response due date.

2. SPECIFICATION:

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

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

2.03. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

2.04. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the bidder, on request, at bidder's expense. Each sample should be marked with bidder's name and address, and requisition number. Do not enclose in or attach bid to sample.

2.05. The State will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Bids (RFP).

2.06. Manufacturer's standard warranty shall apply unless otherwise stated in the RFP.

3. TIE BIDS: Awards will be made in accordance with 34 TAC Rules 20.36(b)(3) and 20.38 (Preferences).

4. DELIVERY:

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

4.02. If delay is foreseen, bidder shall give written notice to the TSD. Bidder must keep TSD advised at all times of status of order.

4.03. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TSD to purchase the goods or services of this RFP elsewhere and charge any increased costs for the goods or services, including the cost of rebidding, to the bidder.

4.04. No substitutions permitted without written approval of TSD.

4.05. Delivery shall be made during normal working hours only, unless prior approval has been obtained from ordering agency.

5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the State. Authorized TSD personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the bidder in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at the State's option, be returned to the bidder or held for disposition at bidder's expense. Latent defects may result in revocation of acceptance.

6. AWARD OF CONTRACT: A response to this RFP is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through an open market purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas.

The factors listed in §§2155.074, 2155.144, 2156.007, and 2157.003, Gov't Code, shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

7. ASSIGNMENT: Respondent shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from TSD. Any attempted assignment in violation of this provision is void and without effect.

8. PAYMENT: Bidder shall submit an itemized invoice showing TSD requisition number on all copies. The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. Payment shall be made in accordance with Chapter 2251, Gov't Code.

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

10. BIDDER AFFIRMATIONS: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a response with a false statement or material misrepresentation made during the performance of a contract is a material breach of contract and may void the submitted response and any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

10.01. DEALINGS WITH PUBLIC SERVANTS: The Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

10.02. ANTITRUST: The undersigned affirms under penalty of perjury of the laws of the State of Texas that

(1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

(2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent. The successful contractor hereby assigns to the TSD any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Comm. Code §15.01, et seq.

10.03. Pursuant to §2155.004, Gov't Code, neither the bidder nor any person or entity which will participate financially in any contract resulting from this RFP has received compensation for participation in the preparation of the specifications for this RFP.

10.04. CHILD SUPPORT OBLIGATION: Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate in addition to other remedies set out in 231.006(f). Furthermore, any bidder subject to §231.006, Gov't Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award. Enter the Name & Social Security Numbers for each person below:

Name: Social Security Number:

10.05. Under §2155.004, Gov't Code, the bidder certifies that the individual or business entity named in this bid or any contract resulting from this RFP is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. §2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

10.06. DEBTS AND DELINQUENCIES: As required by §2252.903, Gov't Code, bidder agrees that any payments due under a contract resulting from this RFP shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by TSD under §403.055, 403.0551, 2252.903, Gov't Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

10.07. Pursuant to §669.003, Gov't Code, TSD may not enter into a contract with a person who employs a current or former executive head of the TSD until four years has passed since that person was the executive head of the TSD. By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of the TSD in the past four years. If bidder does employ a person who was the executive head of the TSD, provide the following information:

Name of Former Executive: _______________________________________________ Name of State Agency: __________________________________________________ Date of Separation from State Agency: ______________________________________ Position with Bidder: _____________________________________________________ Date of Employment with Bidder: ___________________________________________

10.08. In accordance with §2155.4441, Gov't Code, bidder agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

10.09. SUSPENSION AND DEBARMENT: Bidder certifies that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that bidder is in compliance with the State of Texas statutes and rules relating to procurement and that bidder is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://sam.gov/content/home. Additional information, including list of ineligible entities for State procurement is listed at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php

10.10. Sections 2155.006 and 2261.053, Gov't Code, prohibit state agencies from awarding contracts to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.004, Gov't Code, occurring after September 24, 2005. Under §2155.006, Gov't Code, bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

10.11. Bidder represents and warrants that payment to the bidder and the bidder’s receipt of appropriated or other funds under any contract resulting from this RFP are not prohibited by §556.005 or §556.008, Gov't Code, relating to the prohibition of using state funds for lobbying activities.

10.12. Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to TSD under the RFP and any resulting contract, if any, and that bidder’s provision of the requested items under the RFP and any resulting contract, if any, would not reasonably create an appearance of impropriety.

https://sam.gov/content/home https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php

10.13. TEXAS BIDDER: Respondent certifies that is 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© of the Texas Government Code.

11. NOTE TO BIDDER: If bidder takes any exceptions to any provisions of the RFP, these exceptions must be specifically and clearly identified by section in bidder’s bid in response to the RFP and bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire RFP. If any bidder takes a ‘blanket exception’ to the entire RFP or does not provide proposed alternative language, the bidder’s bid may be disqualified from further consideration.

12. PROTEST PROCEDURES: Any actual or prospective bidder who is aggrieved in connection with this RFP, evaluation, or award of any contract resulting from this RFP may formally protest as provided in TSD’s rules at 34 TAC Rule 20.534.

13. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of The Texas Government Code must be used by the TSD and the bidder to attempt to resolve any dispute arising under any contract resulting from this RFP.

14. EXCESS OBLIGATIONS PROHIBITED: Any contract resulting from this RFP is subject to termination or cancellation, without penalty to TSD, either in whole or in part, subject to the availability of state funds. TSD is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TSD becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TSD’s or bidder’s delivery or performance under the contract impossible or unnecessary, the contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, TSD will not be liable to bidder for any damages, which are caused or associated with such termination, or cancellation and TSD will not be required to give prior notice.

15. TEXAS PUBLIC INFORMATION ACT: Notwithstanding any provisions of this RFP to the contrary, bidder understands that TSD will comply with the Texas Public Information Act (Chapter 552, Gov't Code) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. Within three (3) days of receipt, bidder will refer to TSD any third-party requests, received directly by bidder, for information to which bidder has access as a result of or in the course of performance under any contract resulting from this RFP. Any part of the solicitation response that is of a confidential or proprietary nature must be clearly and prominently marked as such by the bidder.

16. CONFLICT OF INTEREST: Under §2155.003, Gov't Code, a TSD employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in Section 1.2 of the State of Texas Procurement Manual, which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of TSD or purchasers of other state agencies.

17. FORCE MAJEURE: Neither bidder nor TSD shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this RFP caused by force majeure.

The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome.