ESBD_369995_1722287418108_306-24-0477_RFP SHC HVAC_Final.pdf

REQUEST FOR PROPOSAL

RFP # 306-24-0477

SHC HVAC Purchase, Preventative Maintenance, & Repair Services

NIGP Class/Items: 910-36, 031-00

Schedule of Events Solicitation Posted Date: 7/29/2024

Site Visit: 8/6/2024; 9:00 AM-3:00 PM CT

8/8/2024; 9:00 AM-3:00 PM CT

Vendor Questions Due: 8/13/2024; 5:00 PM CT Pre-Submittal Conference: 8/13/2024: 11:00 AM CT Answers Posted to ESBD: 8/16/2024

Response Due Date: 8/20/2024; 2:00 PM CT Expected Contract Award Date: August 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 # 306-24-0477 SHC HVAC Purchase, Preventative Maintenance, & Repair Services

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 or Milestones 3 Contractor Responsibilities 4 TSLAC Responsibilities 5 Qualifications and Experience 6 Subcontractors 7 Contract Monitoring 8 Insurance 9 Invoice and Payment

Section III Response Instructions

1 Schedule of Events 2 Site Visit 3 Pre-Submittal Conference 4 Inquiries 5 Response Submission 6 Response Content and Requirements 7 Texas Public Information Act 8 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 References

Appendix C Cost Worksheet

1 Initial Pricing for Base Services 2 Renewal Pricing for Base Services 3 Payment Terms 4 Early Payment Discount

Appendix D Technical Proposal

1 Project Approach/Methodology 2 Assigned Project Team 3 Subcontractors 4 Project Schedule 5 Additional Services

Appendix E Confidential Information Form

Appendix F Terms and Conditions Exceptions

Attachment 1 Response Checklist

Attachment 2 SHC HVAC Equipment List

Jean Price Daniel House, Unit 1 Jean Price Daniel House, Unit 2

Jean Price Daniel House, Unit 3 Jean Price Daniel House, Unit 4 St. Stephen’s Episcopal Church Norman House Rotary Building Partlow House, Unit 1 Partlow House, Unit 2

SECTION I

GENERAL INFORMATION

1 Introduction

The Texas State Library and Archives Commission (TSLAC) is requesting responses for the preventative maintenance of multiple buildings' HVAC system and units. TSLAC needs to purchase two (2) residential HVAC units and establish annual maintenance agreements to service the HVAC commercial system and multiple residential HVAC units located at the Sam Houston Regional Library property and the Partlow House. A list of the HVAC units can be found in Attachment 2 of this solicitation.

Services shall be provided to TSLAC in the Archives and Information Services (ARIS) Division at Sam Houston Regional Library and Research Center, 750 FM 1011, Liberty, TX 77575 and 2131 Grand Avenue, Liberty, TX 77575.

2 Background

2.1. TSLAC Background:

The Sam Houston Regional Library and Research Center, also referred to as the Sam Houston Center (SHC), is a property owned by the Texas State Library and Archives Commission that serves as the official regional historical resource depository for 10 Southeast Texas counties (Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, Orange, Polk, San Jacinto, and Tyler).

The Sam Houston Center property includes the main facility and five historical buildings on an approximately 10-acre tract. The Partlow House is a historical building located at 2131 Grand Avenue in Liberty, TX.

TSLAC and Texas Facilities Commission (TFC) installed a new commercial HVAC system for the main facility in April 2023. The new system requires a maintenance agreement to maintain the warranty and optimal performance.

In addition, the historical buildings have one or more residential HVAC units for each building. Maintenance agreement(s) are requested for each HVAC unit to prevent issues and/or unexpected repairs. A contractor recently diagnosed that two of the current HVAC units must be replaced.

For more information about the location, visit our website: https://www.tsl.texas.gov/shc

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 and include the solicitation number in the subject line:

Primary Contact: Fred Huber, CTCD, CTCM Texas State Library and Archives Commission Attn: Purchasing Department, Room #309 1201 Brazos Street Austin, TX 78701 Email: fhuber@tsl.texas.gov Phone: 512/936-2774

Secondary Contact: Email: purchasing@tsl.texas.gov Phone: 512/463-5487

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/shc 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 or more qualified vendors and award one or multiple contract(s) for the 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 items 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.

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 and service frequencies specified herein are estimates only. TSLAC does not guarantee any minimum amount of work on any contract that may result from this solicitation. TSLAC reserves the right to increase or decrease the amount of work, as needed, for the same proposed costs. TSLAC will only pay for actual hours and parts provided within the contract term.

6.1. Varying Factors: The need for repair services and the frequency of maintenance service fulfillment may vary from year to year, making it difficult to predict future deliverables needed.

6.2. Anticipated Current Scheduled Deliverables:

HVAC equipment is listed on Attachment 2 of this solicitation.

Deliverables Due Date Perform manufacturer-required quarterly maintenance services To be scheduled every 3 months Perform manufacturer-required bi-annual maintenance services To be scheduled every 6 months Perform manufacturer-required annual maintenance services To be scheduled once a year Perform repair services As needed Remove two existing HVAC residential units and install new HVAC units To be completed no later than

08/30/2024

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 found at https://www.bls.gov/cpi/. Baseline index shall be the index published in 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 Addendum A modification of the specifications for the solicitation issued by TSLAC.

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.

Bi-annual Twice a year, frequency of every 6 months 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 Emergency Defined as an event that requires immediate response to avert an actual or potential threat/hazard to life, health, safety, welfare, or property.

ESBD Refers to the Electronic State Business Daily; the website used to post solicitation opportunities and contract awards by Texas State Agencies HVAC Heating, ventilation, and air conditioning system OEM Acronym for original equipment manufacturer 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 https://www.bls.gov/cpi/

Term Definition QTR Quarter or quarterly, frequency of every 3 months within a term Request for Proposal (RFP) Formal solicitation method that requests proposals from eligible vendors Response Refers to the formal proposal in response to this solicitation SHC Acronym for Sam Houston Center, a short name for the Sam Houston Regional Library and

Research Center SLA Acronym for Service Level Agreement, 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 TDLR Acronym for the Texas Department of Licensing & Regulation TFC Acronym for the Texas Facilities Commission TSLAC Acronym for the Texas State Library and Archives Commission VAV Acronym for variable air volume, which is a type of heating, ventilation, and air condition system that uses varying airflow and temperature to heat and cool buildings

11 Additional Terms and Conditions

These terms and conditions apply to the solicitation:

11.1. 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.

11.2. 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.

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

1.1. Service and Performance Requirements

1.1.1. The Contractor shall provide routine preventative maintenance, inspections, testing services, and repair services for the Sam Houston Center's HVAC equipment. Equipment and systems are listed in Attachment 2 of this solicitation. The equipment and systems listed in Attachment 2 represent the known equipment or systems and may not be all-inclusive; however, the Contractor may provide services on any HVAC and related equipment and systems on the Sam Houston Center property or additional buildings maintained by the Sam Houston Center in Liberty, Texas.

1.1.2. The Contractor shall remove and replace two (2) identified residential HVAC units for the Jean Price Daniel House with comparable units.

(A) JP Daniel House, Unit 1

(B) JP Daniel House, Unit 3

1.2. Base Services

1.2.1. Perform all routine maintenance, following OEM standards to keep the HVAC equipment running optimally and prevent unplanned downtime for the buildings. Including but not limited to:

(A) disassembly and removal of available inspection cover for internal inspection and replacement of HVAC filters; and

(B) oil changes, replace oil filters, replace refrigerant dryer cores, and routine leak testing.

1.3. Inspect and perform corrective/preventative maintenance of HVAC equipment and system on a quarterly, bi-annual, and annual schedule as specified in Section II, Subsection 2.1. The Contractor shall not deviate from the required frequency or procedures.

1.3.1. Test system fluids for contaminants and other physical characteristics and trends. Conditions indicating suboptimal HVAC system performance are identified before issues become critical.

1.4. Inspect and provide all labor, materials, equipment, tools, parts, supervision, testing equipment, transportation, and any other needs necessary to maintain in good operating condition at all times, the chiller system, heating system, humidifiers, and variable air volume (VAV).

1.4.1. Record and report abnormal conditions and measurements taken to the TSLAC Project Manager immediately.

1.5. Deliver a completed maintenance and inspection report via email to the TSLAC Project Manager no later than five (5) business days after any on-site visit.

1.6. Ensure that all HVAC computer operation equipment is maintained at optimum humidity and temperatures as per the manufacturer's requirements.

1.7. Perform all services per standard industry practices.

1.8. As Needed Services

1.8.1. TSLAC may occasionally request the Contractor to complete HVAC maintenance and/or repair services as needed. Upon TSLAC’s request for these as-needed services, the Contractor shall prepare and submit a quote to the assigned TSLAC Purchaser via email within five (5) business days of the on-site visit.

1.8.2. The following details must be included on the submitted quote:

(A) A breakdown of material and labor (flat fees are not acceptable);

(B) The hourly rate with an estimated number of hours;

(C) A statement as to whether the work to be performed will be scheduled during regular or overtime hours or a combination of both;

(D) Any markups over cost, and

(E) Labor type/description.

(F) Quotes shall not include taxes as TSLAC is tax-exempt.

1.8.3. TSLAC may negotiate a quote to ensure the best value is received by the agency.

1.9. Scheduling and Property Access

1.9.1. The Contractor will establish a maintenance schedule with the TSLAC Project Manager using the Deliverables Schedule in Section II, Subsection 2 as a guide. The Contractor must provide a minimum of forty-eight (48) hours advance notice if a scheduled maintenance visit must be rescheduled.

1.9.2. If weather conditions or other unforeseen circumstances will delay a scheduled maintenance visit, the Contractor must immediately provide notice to TSLAC. The Contractor must keep TSLAC informed at all times of any delays or interruptions in the maintenance schedule due to unforeseen circumstances. Acceptable forms of notice are email or a telephone call. However, a telephone call must be followed up with an email for documentation purposes.

1.9.3. Entrance gates or doors, parking and storage areas, and other necessary Contractor access, along with any imposed time limitations, shall be designated by the TSLAC Project Manager. The Contractor shall conduct operations under strict observation of the access routes and other established areas. Under no circumstances shall any of the Contractor’s employees, vehicles, or equipment enter or move upon any area not authorized by TSLAC Project Manager for access by the Contractor.

1.9.4. The Contractor shall abide by all SHC procedures and rules as conveyed by the TSLAC Project Manager regarding security procedures of the building where work is to be performed.

1.9.5. When performing work, the Contractor may park in the lot next to the main facility on the SHC property. Parking is free of charge. Note that the SHC property is gated and requires staff assistance to provide access to visitors outside of normal business hours.

1.9.6. Upon arrival to the SHC Property, all of the Contractor’s and subcontractor’s personnel must:

(A) Enter the main facility's lobby and sign in on the Visitors log at the SHC welcome desk before starting any work.

(B) Check in with the TSLAC Project Manager or designee before and after the performance of work.

(C) Enter the main facility’s lobby and verbally check out with the SHC welcome desk before leaving the property.

1.9.7. All buildings where work is to be performed are non-smoking premises. The Contractor’s employees are prohibited from smoking, vaping, or using tobacco products in all areas except in areas designated for smoking.

1.10. Business Hours

1.10.1. All routine maintenance work shall be performed during regular business hours, Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding national holidays. https://www.tsl.texas.gov/holiday-closings Note that the Sam Houston Center is closed to the public on Mondays. Work may be scheduled on Mondays with written pre-approval from the TSLAC Project Manager. Requests to schedule work on Mondays must be submitted to the TSLAC Project Manager at least one week before the requested date.

1.10.2. TSLAC and the Contractor understand that there may be instances in which work must be completed outside of regular business hours. Work outside regular business hours must be pre-approved by the TSLAC Project Manager.

https://www.tsl.texas.gov/holiday-closings

1.11. Service Level Agreement (SLA)

The Contractor’s required response time to and required documentation for an as-needed request from TSLAC is detailed below:

1.11.1. Non-emergency request

(A) The Contractor’s initial response shall be within 1 business day, unless otherwise agreed upon by the TSLAC Project Manager. The Contractor shall have a technician onsite in the time frame agreed upon by the TFC Project Manager at the time of the Contractor’s initial response.

(B) The Contractor will run diagnostics and/or troubleshoot any issues with the HVAC equipment. The Contractor will provide a quote for repair services as specified in Section II, Subsection 1.3.

(C) Upon TSLAC’s acceptance of the quote, a Purchase Order will be issued, and the Contractor shall be authorized to perform the as-needed services upon receipt of the Purchase Order and in accordance of the contract terms.

1.11.2. Emergency request

(A) The Contractor’s initial response shall be within one (1) hour, unless otherwise agreed upon by the TSLAC Project Manager. The Contractor shall have a technician onsite within four (4) hours, unless otherwise agreed to by the TSLAC Project Manager at the time of the Contractor’s initial response.

(B) The Contractor will run diagnostics and/or troubleshoot any issues with the HVAC equipment. The Contractor will provide a quote for repair services as specified in Section II, Subsection 1.3.

(C) In the event of an emergency, the Contractor may begin services upon verbal instruction from the TSLAC Purchasing Department. Written confirmation in the form of an email with a Purchase Order Number will be sent within one (1) business day of the initial call followed by an approved Purchase Order.

(D) An emergency is an event that, in TSLAC’s opinion, requires an immediate response to avert an actual or potential threat/hazard to life, health, safety, welfare, or property.

1.11.3. Service Request Process

(A) The Contractor shall either have a local physical office with a monitored telephone service or an online ticketing system. If any changes are made to this process, the Contractor will provide TSLAC with its contact details.

(B) The Contractor shall provide the TSLAC Project Manager with an emergency twenty-four (24) hour response phone number to allow immediate contact of the assigned technician. TSLAC may provide a point of contact for the service request.

1.11.4. Service Ticket Details

The Contractor shall record the following information on all service tickets:

(A) Building Name and HVAC Unit;

(B) Date and Time of the request for services;

(C) Date and Time of the Technicians’ arrival on site;

(D) Description of malfunction;

(E) Description of the corrective action taken, including itemized labor hours and parts;

(F) Date and Time of Completion of the repair; and

(G) The Signature of the TSLAC and Contractor representatives.

1.11.5. Callback

(A) A callback is defined as a service requiring the Contractor to return to complete or repair a previously performed service due to equipment failure or the Contractor’s apparent inability, negligence, or lack of knowledge.

(B) Failure by the Contractor to successfully complete a service will result in a callback. The Contractor will respond to the callback no later than the next business day with a technical possessing the technical expertise, knowledge, and any required material to correct the problem.

(C) The Contractor is to perform the Callback service at no additional cost to TSLAC, regardless of whether the work is performed during normal business hours or overtime hours.

(D) The Contractor shall check in and out with the TSLAC Project Manager to ensure the problem was resolved satisfactorily.

(E) The Contractor shall maintain a complete, orderly written report of all callbacks. These callback reports shall indicate the time, date, name of technician(s), problems reported, and corrective measures taken to complete or repair all problems. A consolidated callback report must be delivered to the TSLAC Project Manager upon successfully completing the service.

1.12. Damages

1.12.1. The Contractor shall be responsible for all damage to an existing building or previously completed work resulting from the acts or omissions of its staff or subcontractors. The Contractor shall protect the work, adjacent property, and the public from damage and debris. The Contractor shall notify the TSLAC Project Manager of any damages immediately. It is the intent of this Contract that any real or personal property affected by the work shall be restored to a state equal to or better than its original condition.

1.12.2. In the event of damage as a result of the Contractor’s or its subcontractor’s operations, the Contractor shall notify the TSLAC Project Manager as described below:

(A) If the damage poses a threat to health or safety or if further damage will result if immediate action is not taken, the Contractor will report the damage to the TSLAC Project Manager as soon as the Contractor is aware of the damage. The Contractor shall take any available steps to mitigate further damage; or

(B) All other damages must be reported to the TSLAC Project Manager within three (3) calendar days of the Contractor's awareness of the damage.

1.12.3. The Contractor shall repair and restore all damage resulting from the acts or omissions of its staff or subcontractors to the satisfactory approval of the TSLAC Project Manager, such approval not to be unreasonably withheld. The Contractor shall present its intended plan of action for the repair or restoration to the TSLAC Project Manager.

The Contractor shall engage any additional outside services necessary to facilitate repairs until impacted services and facilities are restored. The Contractor shall be responsible for all costs to repair and restore disrupted facilities and services, including but not limited to direct and indirect costs resulting from the damage. If the TSLAC Project Manager is not satisfied with the Contractor’s plan of action, TSLAC may elect to perform such repairs and deduct the cost of such repairs, replacements, and outside services from the amounts due to the Contractor.

2 Deliverables or Milestones

Below is the list of deliverables with the estimated timeline. Respondents must have the capability to work within estimated timeline or deadlines provided below. Respondents may propose an alternative timeline or deadlines but must meet the completion date of the project.

No. Deliverable Description Estimated timeline or due date

2.1. Schedule installation of residential HVAC unit for Daniel House, Unit 1 30 Days from Notice to Proceed (NTP)

2.2. Schedule installation of residential HVAC unit for Daniel House, Unit 3 30 Days from Notice to Proceed (NTP)

No. Deliverable Description Estimated timeline or due date

2.3. Quarterly inspections and maintenance Shall be performed during the first two (2) weeks of March, June, September, and December.

2.4. Bi-annual inspections Shall be performed during the first two weeks of April and October.

2.5. Annual inspections and maintenance Shall be performed during the first two weeks of August.

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

3 Contractor Responsibilities

The Contractor shall:

3.1. Assume all responsibility for planning, scheduling, and managing routine maintenance on all contracted HVAC equipment.

3.2. Be held to have examined all properties at which the work will take place and to be familiar with the conditions under which the work will be accomplished. The Contractor shall inspect existing conditions prior to commencing work, including elements subject to damage or movement during the performance of services under this Contract.

3.3. Agree to conduct all its services under the awarded contract by and through appropriate communication with TSLAC. No work, installation, or other services shall begin by the Contractor except with the prior written authorization of TSLAC.

Contractor understands and agrees that work installation, and other services performed without prior authorization of TSLAC is 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.

3.4. 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.

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

3.6. Be allowed to temporarily store materials and equipment in performance of this Contract if space is available in the building or property. Storage space must be arranged through the TSLAC Project Manager. Note that TSLAC is not responsible for the security of the stored materials and equipment. TSLAC encourages the use of gang boxes for tool storage and securing the site when unoccupied by the Contractor.

3.7. Keep premises clean on a continual basis and no trash or debris will be permitted to accumulate in work areas.

3.8. Be responsible for the removal and disposal of all debris, waste materials, waste packaging material, and excess materials purchased by the Contractor associated with this contract, which may include, if applicable, the rental of a waste receptacle.

Site placement of the waste receptacle must be approved by the TSLAC Project Manager.

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

3.10. Be responsible for providing training, certification, or license renewals for their employees.

3.11. 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.

3.12. Follow relevant safety rules and conduct the work in a safe manner. The Contractor shall maintain clear access to fire lanes and emergency and utility control facilities such as fire hydrants, fire alarm boxes, utility valves, manholes, junction boxes, fire extinguishers, and emergency exits.

4 TSLAC Responsibilities

The TSLAC will:

4.1. Designate a Project Manager upon contract award; this individual(s) will monitor the contract.

4.2. Provide access to needed existing utility services, such as water, electricity, or similar services of expense to the Contractor to complete the requested work.

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

4.4. Shall coordinate all contractor activities, including access and shutdown, in advance.

4.5. Shall provide access to all devices that are to be serviced. The contractor shall be free to start and stop all primary equipment incidental to the operation of the mechanical system(s) as directed by TSLAC.

4.6. Shall ensure equipment under contract is operable prior to the contractor assuming the contract.

4.7. TSLAC agrees to start and stop equipment in the event of power failure and shutdown as necessary between the contractor’s scheduled visits. However, if TSLAC is unable to start or stop equipment, the contractor shall be called to perform the operation, and such calls are included as part of this contract.

4.8. TSLAC reserves the right to be sole judge of the technician’s performance. TSLAC reserves the right to request a different technician be assigned to the project or work order.

5 Qualifications and Experience

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

5.1. Minimum Qualifications

5.2. Shall be in the business of providing HVAC maintenance and repair services on commercial and or residential systems, 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.

5.2.1. 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.

5.2.2. 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.

5.2.3. Respondent shall ensure service and maintenance technicians are properly trained, certified, and licensed to perform the assigned work, as applicable to the equipment listed in Attachment 2 of the solicitation. TSLAC reserves the right to verify that the certification or license is current for the individual working on each piece of equipment or system under this Contract. Licenses will be verified using the Texas Department of Licensing & Regulation’s website. https://www.tdlr.texas.gov/LicenseSearch/

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

5.3. Assigned Key Personnel

Respondents shall provide the following key personnel:

5.3.1. Lead technician: shall have a minimum of two (2) years of experience in providing services similar in size and scope to services contained herein.

5.4. Company References

Respondent must provide a minimum of three (3) references for projects completed by the company within the last two

(2) years and similar in scope. Respondent must complete form provided in Appendix B or provide a reasonable facsimile.

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

6 Subcontractors

Subcontractors providing services under an awarded Contract shall meet the same requirements and level of experience as required of the Contractor. No subcontract under the Contract shall relieve the Vendor of responsibilities for ensuring the requested services https://www.tdlr.texas.gov/LicenseSearch/ are provided. Vendors planning to subcontract all or a portion of the work to be performed must identify the proposed subcontractors.

TSLAC prefers to select a primary Contractor to be responsible for contract performance and payment under this Contract, whether or not subcontractors are involved. The Contractor should use certified technicians directly employed and supervised by the primary Contractor. If subcontractors will be used during the implementation of the project, the Contractor shall provide documentation that the subcontractor meets the same mandatory qualifications listed in this Section.

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.

7 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 Archives and Information Services (ARIS) 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:

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

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

7.3. Meeting with the Contractor to schedule service.

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

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

7.6. 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

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

8 Insurance

8.1. 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)

8.2. If the statement of work in this solicitation requires installation, repairs, or maintenance on state property or on-site equipment, the Contractor must furnish a certificate of insurance as proof that the required coverage is in full force and effect. Services cannot begin until the certificate of liability insurance with TSLAC as the certificate holder has been received.

8.3. The policy must list TSLAC as the certificate holder with the following details:

Texas State Library and Archives Commission Attn: Purchasing PO Box 12729 Austin, TX 78711

8.3.1. Policy must contain an additional insured endorsement in the description or operations/locations/vehicles section of the certificate: “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.”

http://www.txsmartbuy.com/vpts

9 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).

9.1. 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

9.2. Invoice must include:

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

9.2.2. Name of State Agency (Receiving entity)

9.2.3. Contract/Purchase Order Number

9.2.4. Description of services and date and time of completion of work

9.2.5. Building Name and HVAC Unit/System No (if applicable)

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

9.2.7. Total Cost

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

9.2.9. Attach service ticket and/or supporting documentation, if required

9.3. Payment Schedule:

9.3.1. The Contractor will be paid for the installation or repair services upon the completion of the work order; invoice must be submitted upon completion.

9.3.2. The Contractor will be paid for the maintenance agreements as deliverables are completed; invoice will be submitted quarterly. The initial year may be a prorated period. 12-month renewal options will continue to be invoiced on a quarterly basis if executed. The quarterly payment schedule is provided below:

• September 1 – November 30

• December 1 – February 28/29

• March 1 – May 31

• June 1 – August 31

An annual payment schedule may be negotiated, provided that the Respondent provides a discount or a justification for annual payments in their response. The Respondent must provide that justification in Appendix C of their response.

9.3.3. TSLAC will not pay the Contractor for any work not referenced on an approved purchase order. TSLAC will not pay for unauthorized, incomplete, or work completed outside of the specified service period on the contract.

Unauthorized work performed will be free of charge at the Contractor’s risk.

9.3.4. Pre-payment is only authorized for maintenance agreements. The Contractor may deliver an invoice no earlier than 30 days before the scheduled maintenance site visit.

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

mailto:AP@tsl.texas.gov

9.3.6. TSLAC reserves the right to request any receipts or invoices regarding work orders to verify that the hourly rate and markup percentage comply with this agreement.

9.3.7. 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.

9.3.8. Payments for services purchased 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: 7/29/2024

Site Visit: 8/6/2024; 9:00 AM-3:00 PM CT

8/8/2024; 9:00 AM-3:00 PM CT

Vendor Questions Due: 8/13/2024; 5:00 PM CT Pre-Submittal Conference: 8/13/2024: 11:00 AM CT Answers Posted to ESBD: 8/16/2024

Response Due Date: 8/20/2024; 2:00 PM CT Expected Contract Award Date: August 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. Interested Respondents are responsible for checking 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 Site Visit

2.1. Respondents are strongly encouraged to attend the pre-proposal site visit to become thoroughly familiar with job conditions and determine materials or work needed to successfully complete the requested service. Failure to give proper consideration in the Response to site conditions will NOT constitute grounds for additional compensation.

2.2. Respondents should contact Fred Huber at (512) 936-2774 to schedule attendance and request driving directions.

Respondents must provide at least two (2) days advance notice to schedule attendance. Free parking is available adjacent to the main facility.

2.3. Verbal responses provided by the agency during the site visit are not binding. All questions must be submitted per the instructions specified in Section III, Subsection 4. Answers will be provided in a posted addendum.

2.4. Respondents will be held to have studied the statement of work and specifications contained in the solicitation.

Respondents should make note of questions that arise during or after the site visit and submit those questions in writing as instructed in Section III, Subsection 3 below.

2.5. All attendees will meet outside near the side entrance of the main facility and are required to sign the Site Visit Sign-In Sheet and the SHC’s Visitors Log at the front desk in the lobby prior to participating in the site visit.

3 Pre-Submittal Conference

3.1. 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 responses provided by the agency are not binding until confirmed by the agency as a posted addendum.

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

https://www.tsl.texas.gov/holiday-closings

When: Aug 13, 2024, 11:00 AM Central Time (US and Canada)

Register in advance for this meeting:

https://us02web.zoom.us/meeting/register/tZwvdeGqqzspE9RUwLEd7ib-qXojL2zn7NFB

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

3.3. TSLAC will post all questions and answers resulting from this pre-submittal conference to the ESBD either the next business day or by the date specified in Section III, Subsection 1.

4 Inquiries

4.1. 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 collected by the due date specified in Section III, Subsection 1. Questions should be submitted in the following format:

4.1.1. Subject line: “Question about Solicitation # 306-24-0477”

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

4.1.3. Question

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

4.3. 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.

5 Response Submission

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

5.1. Submission Instructions:

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

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

5.1.2. 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.

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

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

5.1.5. Interested Respondents…