ESBD_370234_1722372050912_802-25-51333_Aerial Ignition Services_SP.pdf

INVITATION FOR BID – SERVICES

SEND INVOICE TO: RETURN BIDS TO BIDDER MUST SIGN BELOW

Texas Parks and Wildlife Department ATTN: Accounts Payable 4200 Smith School Road Austin, Texas 78744

Purchasing.Bidbox@tpwd.texas.gov

FAX 512-389-4677, or return to:

TPWD - Purchasing and Contracting

4200 Smith School Road Austin, Texas 78744

BID DUE 2:00 PM C.T. August 14, 2024

REQUISITION NO. 802-25-51333

Page ___1____ Of ___34_____

By signing this bid, bidder certifies that if a Texas Address is shown as the address of the bidder, bidder qualifies as a Texas bidder as defined in Title 34 TAC Rule 20.32(68).

FAILURE TO MANUALLY SIGN THE BID ABOVE WILL DISQUALIFY BID.

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 in the sole discretion of the State.

Item Description Class/Item 947-41 Quantity Unit of Measure Unit Price Extension

Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a blanket contract(s) to support TPWD State Parks prescribed burn operation. The qualified contractor(s) will provide the necessary equipment and qualified personnel to use unmanned aerial systems (UAS), combined with aerial ignition technologies, to support ignition operations in designated State Parks project areas across the State of Texas. Services will be performed on an “as needed” basis in accordance with the attached scope of work and Terms and Conditions dated August 2024.

1. Equipment and qualified personnel to use unmanned aerial systems (UAS) combined with aerial fire ignition technologies to support ignition operations in prescribed burns in designated state park locations throughout the State of Texas.

Complete Exhibit E, by location

(Map provided for reference)

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES: See Appendix 21 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under Title 34 TAC Rule 20.38

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials, or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

FOR FURTHER INFORMATION CONTACT PURCHASER:

Christina M. Brown, CTCD/ CTCM – PHONE: 903-920-2185 Email: purchasing.bidbox@tpwd.texas.gov

AUTHORIZED SIGNATURE DATE

SHOW BID DUE

DATE AND REQUISITION

NUMBER ON SEALED BID

ENVELOPE AND SHOW

RETURN ADDRESS OF FIRM

BIDDER AGREES TO

COMPLY WITH ALL

CONDITIONS OF THIS BID.

BID F.O.B. AGENCY RECEIVING ROOM

UNLESS OTHERWISE SPECIFIED BELOW

DESTINATION IF DIFFERENT THAN ABOVE

TPWD Wildland Fire Program Attn: Jeff Sparks

12016 FM 848

Tyler, TX 75707

See instructions for Texas ID Number in General Terms & Conditions, Paragraph 1.10.

Bidder Must Fill in

TEXAS ID NUMBER

Name of Firm Street Address City–State-Zip Telephone No.

Email address

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID

mailto:Purchasing.Bidbox@tpwd.texas.gov

IFB No. 802-25-51333 Page 2 of 34

IFB_Services_042023

Solicitation 802-25-51333 Specifications for Aerial Fire Ignition Services

1. INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a blanket contract(s) to support TPWD State Parks prescribed burn operations. The qualified contractor(s) will provide the necessary equipment and qualified personnel to use unmanned aerial systems (UAS) combined with aerial ignition technologies to support ignition operations in designated state park project areas across the State of Texas. TPWD has determined that aerial ignition conducted by UAS technologies can, under certain circumstances, provide a safer and more efficient option relative to manned or hand-crew methods of ignition.

Services will be performed on an “as needed” basis in accordance with the attached scope of work and Terms and Conditions dated August 2024.

2. TERM OF CONTRACT: Contract(s) shall commence upon date of award and continue through August 31, 2025.

unless sooner terminated under the terms of this contract.

2.1. Contract Renewals: This contract may be renewed for up to two (2) additional one (1) year periods, provided both parties agree in writing to do so, based on funds availability and vendor performance. Any extension shall be at the same terms and conditions, plus any approved changes. If the contract is extended under this option, the contractor shall be given written notification of the period in which the services shall occur after being determined by TPWD.

2.2. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this IFB 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, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD 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.

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

3. INTENT: It is TPWD’s intent to award multiple contracts to provide support for TPWD State Parks prescribed burn operations at various TPWD properties across the state as described herein. TPWD will identify individual projects as they become available by issuing a Scope of Work to all awarded Contractors who were awarded contracts in the service area, detailing the work to be performed for each project. TPWD will select a contractor that is determined to provide the best value to TPWD for each project. It is TPWD’s sole discretion to determine best value.

4. PROJECT SCOPE OF WORK:

4.1. Execution of UAS aerial ignition support using ignition spheres distributed evenly, or as specified by TPWD, throughout the project areas.

4.2. Communication with other prescribed fire personnel, air traffic control (ATC) personnel if necessary, and adherence to all applicable FAA rules and regulations specific to UAS/aerial ignition activities.

4.3. Establishment of baseline (backfiring), and post-burns procedures such as mop-up will not be the responsibility of the contractor.

5. EQUIPMENT SPECIFICATIONS: TPWD will consider equivalent or better confirmed equipment to meet the minimum service, platforms, and software specifications of this solicitation.

5.1. UAS: DJI Matrice 600 Pro or comparable unit

A. Max payload capacity: 5.5kg B. Hovering time: No payload = 38 min, 5.5 kg payload = 18 min

IFB No. 802-25-51333 Page 3 of 34

C. Max speed: 40 mph / 65 kph (no wind) D. Zenmuse X3 camera or equivalent

5.2. Ignition Platform: Drone Amplified’s IGNIS II

A. Uses standard Dragon Egg spheres and full-strength antifreeze.

B. 400 sphere capacity, variable drop rate of up to 120 spheres per minute C. 4 kg fully loaded.

D. Remote emergency release system.

5.3. Software and App

A. Fly and monitor UAS and IGNIS, including video feed.

B. Geofence creation that prevents ignition outside of burn area.

C. Supports downloaded burn maps in an offline setting.

D. Flight and mission planning with full control of ignition spacing, number of spheres used, flight duration, and altitude.

5.4. In addition to the required equipment listed above, describe all equipment and vehicles to be used for this project in Exhibit B –Equipment List. Make sure to include dimensions/capacities of equipment, make, model, horsepower and intended use by bid item. For purposes of this bid evaluation TPWD assumes that the respondent’s equipment list includes ALL the equipment that the respondent is dedicating to this project and has considered in this bid. All equipment, materials and parts not specifically mentioned which are necessary for the completion of work must be furnished by the vendor.

6. MINIMUM QUALIFICATIONS:

Contract(s) shall be awarded ONLY to contractor(s) with the required experience and background in conducting prescribed fire operations in addition to experience using UAS/aerial ignition technologies. Awarded contractor(s) shall meet the following minimum qualifications:

6.1. Contractor’s Pilot-in-Command (PIC) must possess a FAA Part 107 Remote Pilot Certificate and have a minimum of 30 hours and 1 year of experience flying specifically to provide UAS/aerial ignition support.

6.2. Contractor will have knowledge of FAA Part 137 (Agricultural Aircraft Operations) certification requirements and will incorporate protocols, so they are in compliance with applicable rules and regulations; specifically, in regard to safely managing hazardous materials used for ignition purposes.

6.3. Knowledge of UAS/aerial ignition technologies, and how they are safely used during prescribed burn operations.

6.4. Knowledge and experience using software that provides a live video feed, GPS location, ignition sphere drop points, and UAS aircraft status while conducting aerial ignition support.

6.5. Knowledge of potential airspace restrictions within potential burn sites, with a history of adherence to applicable airspace rules, and communication with ATC if/when necessary.

6.6. Contractor will have a minimum of five (5) years conducting prescribed burn operations and knowledge of typical procedures followed during a burn day.

6.7. Ability to assess fuel and weather conditions, and how to alter ignition methods based on their impact on fire behavior.

6.8. Shall have been engaged in the business of providing the specified services for a minimum of five (5) years.

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

IFB No. 802-25-51333 Page 4 of 34

6.9. Complete Exhibit A – Company Profile, Exhibit C - Past Projects with Corresponding References, and Exhibit D – Key Personnel and return with bid.

6.10. References must be verifiable by phone or email within ten (10) working days of bid evaluation.

7. CONTRACTOR REQUIREMENTS:

7.1. Contractor is responsible for generating any necessary map products specific to the UAS aerial ignition efforts.

7.2. Contractor will provide all necessary equipment (other than ignition spheres as stated below in TPWD

RESPONSIBILITIES) to execute UAS aerial ignition services during prescribed burn operations.

7.3. Contractor will conduct all UAS/aerial ignition activities of the interior of the unit safely and in compliance with FAA rules and regulations and under the direction of TPWD.

7.4. Contractor will have in place and conduct a thorough Preflight checklist.

7.5. Contractor will maintain effective communication with TPWD personnel responsible for burn operations (i.e.

Burn Boss) and comply with their instructions regarding ignition procedures. However, the contractor will be allowed to dictate when or if instructions surpass the safe capabilities of the UAS.

7.6. Contractor will implement safeguards to limit the aerial ignition process within the boundaries of the burn unit.

7.7. Contractor will have safety procedures in place in the event of a lost-link between the UAS vehicle and controller to prevent inadvertent ignition and safe recovery of the UAS vehicle.

7.8. When possible, contractor will provide fire line surveillance while conducting ignition procedures and will notify appropriate personnel (i.e. Burn Boss) when spot-outs or slop-overs are observed aerially.

7.9. Contractor is responsible for all Contractor owned equipment, including UAS vehicle, and any financial responsibilities thereof.

7.10. Contractor will wear required protective clothing, including fire retardant shirt and pants, and a wildland fire helmet.

8. PROJECT SITE VISITS AS PROJECTS ARE IDENTIFIED:

8.1. Respondents are encouraged and, depending on the complexity of the project, may be required, to perform a site visit to become thoroughly familiar with site conditions as projects are identified. Failure to give proper consideration in the response submission to site conditions will not constitute grounds for additional compensation.

8.2. Project specific site visit must be scheduled through appropriate TPWD contact for the project.

Respondent(s) must abide by all TPWD site rules and regulations during the visit. TPWD contact will be named in the Scope of Work.

9. CONTRACTOR SELECTION FOR INDIVIDUAL PROJECTS:

9.1. As projects are identified, TPWD will develop a Scope of Work and will submit a request for project quote to one or more awarded contractor(s) for a specified project. Each project will be awarded to the contractor determined to provide best value to TPWD. It is TPWD’s sole discretion to determine best value.

IFB No. 802-25-51333 Page 5 of 34

9.2. A Purchase Order (PO) will be issued to award as each project is identified. No services shall be performed without a Purchase Order.

10. PERFORMANCE MEASURES:

10.1. Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this IFB and shall not be relieved due to non-performance of any or all subcontractor(s). By submitting a proposal, the Respondent commits to providing the goods and services required in the IFB.

The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards, and guidelines relevant to the execution of this contract.

10.2. TPWD will measure and evaluate the Contractor’s and/or subcontractor’s performance under the contract. If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor or subcontractor(s) fails to meet their responsibilities as outlined in the IFB and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor. Remedies shall include negative vendor performance report, corrective action plans, and withholding of payments due to poor performance and contract non-compliance.

10.3. TPWD will monitor vendor performance. Vendor performance will be reported in the Vendor Performance

Tracking System (VPTS). Failure to provide services in accordance with requirements specified herein and the resulting contract(s) and adherence to the TPWD Terms and Conditions may be considered by TPWD, as unsatisfactory performance by the contractor. An unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both.

11. TPWD RESPONSIBILITIES:

11.1. TPWD will designate a Contract/Project Manager upon contract award. The instructions of the Project Manager and/or Project Manager’s designee are to be followed by the Contractor. The TPWD Project Manager is to have free access to Contractor’s supplies, equipment, and work at all times for inspection and audit.

11.2. TPWD will be responsible for providing GIS data, to include burn unit boundaries, structure locations, road and tails, or any other relevant spatial information.

11.3. TPWD will provide reasonable access within 500 meters of all areas being burned.

11.4. TPWD will furnish all ignition spheres only. No additional material, labor, equipment, or facilities unless otherwise provided for in this contract.

11.5. TPWD will conduct the operation of the burn including perimeter ignition and holding during the burn.

12. SAFETY: ALL EQUIPMENT USED ON GOVERNMENT PROPERTY WILL BE IN ACCORDANCE WITH

O.S.H.A. REGULATIONS. ALL SAFETY EQUIPMENT WILL BE USED AT ALL TIMES WHEN OPERATING

EQUIPMENT ON GOVERNMENT PROPERTY.

13. ADDITIONAL SERVICES: Where found to be in the best interest of TPWD, this contract may be amended in writing to provide for additional services, provided that such additional services are within the original scope and intent of the contract. For example, additional clearing services are needed during the term of contract. In such cases, the contractor shall provide a written quotation for performing the additional work. TPWD contracting section will execute an amendment for additional services, no additional services shall be performed without a fully executed amendment to the contract.

IFB No. 802-25-51333 Page 6 of 34

14. QUANITIES: Quantities listed are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints. Unless this solicitation document states otherwise, the resulting contract award does not guarantee volume or commitment of funds. TPWD will only pay for actual goods received or services performed.

15. INSURANCE:

15.1. Contractor will maintain required limits for general liability coverage that includes coverage for the use of

UAS and aerial ignition technologies for dispensing ignition spheres in support of prescribed fire and wildfire suppression services.

15.2. Contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

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

$500,000 Ea. Accident $500,000 Ea. Employee $500,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$1,000,000 Bodily Injury & Property Damage - Each Occurrence $2,000,000 Aggregate Limit $5,000 Medical Expense Each Person $500,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles $500,000 Combined Single Limit

15.3. Note: Workers’ Compensation is required by an "employer" which is defined as "a person who employs one or more employees." If respondent has no employees, such insurance is not required. If respondent claims they have no employees, TPWD will require a statement to that fact.

15.4. All Policies, other than Workers’ Compensation, must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

15.5. All policies must include the following clauses as applicable:

A. This insurance shall not be canceled, materially changed, or non-renewed except after thirty

(30) days’ notice has been given to TPWD.

B. It is agreed that Contractor’s insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by TPWD for liability rising out of operations under the Contract with the Owner and shall cover cross-suits between insureds and must contain a severability of interests provision.

D. TPWD, its officials, directors, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured performed under Contract with TPWD. The additional insured status must cover completed operations as well. This is not applicable to worker’s compensation policies.

E. All policies must contain a waiver of subrogation.

15.6. Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall require each Subcontractor performing work under the Contract, if applicable, at Subcontractor’s own expense, to maintain during the term of the Contract, the same stipulated

IFB No. 802-25-51333 Page 7 of 34 minimum insurance including the required provisions and additional policy conditions as shown above. As an alternative, Contractor may include its Subcontractors and their employees.

Contractor shall obtain and monitor certificates of insurance from each subcontractor in order to assure compliance with the insurance requirements. Contractor must retain the certificates of insurance for the duration of the Contract plus five (5) years and shall have the responsibility of enforcing these insurance requirements among its Subcontractors. TPWD shall be entitled, upon request and without expense, to receive copies of these certificates.

15.7. Contractor must obtain and maintain a Commercial Aircraft hull and liability insurance policy throughout the duration of the contract.

15.8. Workers’ compensation insurance coverage must be provided for all workers at all tier levels and meet the statutory requirements for Texas Labor Code §401.011(44).

15.9. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be emailed to Purchasing / Contracting at purchasing.bidbox@tpwd.texas.gov or may be faxed to 512-389-4677.

16. INQUIRIES:

16.1. CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed the following person:

Christina M. Brown, Purchaser Phone 903-920-2185 Texas Parks & Wildlife Department Fax 512-389-4677

Smith School Road, Austin, Texas 78744 Purchasing.BidBox@tpwd.texas.gov

16.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed above. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

16.3. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquires described in Section 16.2 above.

Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

17. DELIVERY AND ACCEPTANCE:

17.1. Project Completion Delays: If delay is foreseen, Contractor shall give written notice to TPWD. Default in promised Completion without accepted reasons or failure to meet specifications authorizes TPWD to purchase services of this contract elsewhere and charge any increased costs for the services, including the cost of re-soliciting, to the Contractor.

17.2. Acceptance: All services performed will be subject to acceptance inspection upon completion. Acceptance inspection will not take more than five (5) working days, weather permitting. Vendor will be notified within this time frame of any units not delivered in full compliance with the purchase order specifications.

18. BID REPONSE INSTRUCTIONS:

18.1. Bid Submission:

mailto:purchasing.bidbox@tpwd.texas.gov

IFB No. 802-25-51333 Page 8 of 34

A. Submission Deadline: All bids shall be received, and time stamped at TPWD prior to 2:00 PM Central Time on the “Bid Due” date specified on the IFB Cover Page (page 1). Late bids will not be considered under any circumstance and will be returned.

B. General Format: Respondent shall submit bid response, signed dated and completed.

C. Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail, hand-delivery, or fax to 512-389-4677.

D. Bids returned by mail or hand delivery should be placed in a sealed envelope and correctly identified with IFB number, submittal deadline/opening date and time. Bids returned by fax should include a fax cover sheet correctly identified with IFB number, submittal deadline/opening date and time. It is the Bidder’s responsibility to appropriately mark and deliver the bids to TPWD by the specified date.

E. Respondents are responsible for all costs of bid preparation.

18.2. Bid Content: Below is a summary of required and requested information. Bids submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

A. Bid Form: Respondent must submit the IFB form, signed, dated, and completed. Failure to submit this information will result in disqualification of bid.

B. Exhibit A: Company Profile

C. Exhibit B: Equipment List

D. Exhibit C: Past Projects with Corresponding References

E. Exhibit D: Key Personnel

F. Exhibit E: Price Sheet

18.3. Response Period: Responses shall be binding for a period of sixty (60) business days from bid due date.

No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TPWD.

19. EVALUATION AND AWARD:

19.1. Only responses submitted by the bid due date, with required submittal documents and meeting qualifications will be considered. Failure to submit the required information may be cause for rejection of the bid response. TPWD reserves the right to waive informalities and minor irregularities in bids received.

19.2. TPWD reserves the right to consider respondent qualifications, equipment, facility, references; conduct studies and other investigations as necessary to evaluate any response; request additional relevant information; disqualify bid based on unsatisfactory reference checks, reports, and records of service.

19.3. Award: To ensure the ability to accommodate state-side site locations, variable schedules, and special conditions, it is the intent of TPWD to award multiple contracts. TPWD will award a contract(s) to the respondent(s) whose quote is considered to be the Best Value to TPWD, price and other factors considered.

TPWD reserves the right to use another Contractor awarded under this agreement for additional services if needed. Award of additional services will be based on best value and availability of Contractor to perform the services. It is TPWD’s sole discretion to determine best value. The following factors may be used to evaluate bids:

A. Lowest Price mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-25-51333 Page 9 of 34

B. Ability, Qualifications and Experience - Meeting or Exceeding the Requirement C. Delivery / Service Schedule D. Past Performance

20. INVOICING AND PAYMENT: The following procedures apply to invoicing and payment in addition to those listed in the General Terms and Conditions, Para 9:

20.1. Contractor to submit invoice(s) to: Texas Parks & Wildlife, Accounts Payable, 4200 Smith School Road, Austin, Texas 78744.

20.2. Invoices must show:

A. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address B. Name of receiving entity C. Contract/purchase order number.

D. Description, quantity, unit of measure, unit price, extended price of each item E. Total price F. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice G. Attach supporting documentation, if required

20.3. Payment:

A. Contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties.

B. 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 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 established by law.

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

D. Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4333 for additional information.

21. BIDDER AFFIRMATION

21.1. Bidder has not given, or 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 connected with the submitted bid.

21.2. Pursuant to Texas Government Code, Title 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation.

IFB No. 802-25-51333 Page 10 of 34

EXHIBIT A – COMPANY PROFILE

Respondent shall use this exhibit (or a reasonable facsimile) to clearly demonstrate how they meet the requirements set forth in this IFB. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive.

Company Name:

Number Years in Business: Number of Employees:

Principal place of business (Corporate Headquarters):

Address:

City, State, Zip:

Facility responsible for servicing the contract:

Address:

City, State, Zip:

Contact Person regarding company’s proposal submission to the solicitation:

Name / Title:

Phone Number: Fax Number:

Email Address:

Personnel who will be responsible for the management and day-to-day operations of the services solicited in this IFB.

Name/Title:

Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within last five years.

__Yes __No If yes, explain.

Indicate if your company or any of its subsidiaries has been involved in litigation within the last five years. If yes, explain.

__Yes __No If yes, explain.

Description of firm's background, history, and qualifications: (You may attach additional page for this section.)

IFB No. 802-25-51333 Page 11 of 34

EXHIBIT B – EQUIPMENT LIST

Respondent Name: _________________________________

Describe all equipment and vehicles to be specifically used for this project in the space provided below. Make sure to include dimensions/capacities of equipment, make, model, horsepower and intended use by bid item. For purposes of this bid evaluation TPWD assumes that the respondent’s equipment list, (submitted below) includes ALL the equipment that the respondent is dedicating to this project and has considered in his bid. All equipment used off pavement must be low pressure rubber-tired equipment. Failure to return this exhibit (or a reasonable facsimile) WILL result in the proposal being considered non-responsive.

BID

ITEM

EQUIPMENT

TYPE MAKE & MODEL HORSE

POWER

DIMENSION OR

CAPACITY

# OF

UNITS

LEASE (L)

OR OWN (O)

IFB No. 802-25-51333 Page 12 of 34

EXHIBIT C – PAST PROJECTS WITH CORRESPONDING REFERENCES

Respondent Name: ____________________________________________

Respondents shall use this exhibit (or reasonable facsimile) to provide a minimum of three (3) references for jobs completed within the last five (5) years. The references shall illustrate recent experience successfully completing work of a similar nature and scope as the work described in this IFB. Attention: Do NOT use TPWD staff or past work performed for TPWD as a “reference” in Exhibit E. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive. TPWD reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

REFERENCE 1:

Company Address:

Contact Name/Title/Phone:

Service Period:

Brief Description of Project

REFERENCE 2:

Contact Name/Title/Phone:

IFB No. 802-25-51333 Page 13 of 34

REFERENCE 3:

Contact Name/Title/Phone:

REFERENCE 4:

Contact Name/Title/Phone:

IFB No. 802-25-51333 Page 14 of 34

EXHIBIT D – KEY PERSONNEL

Respondent Name: ____________________________________________

Respondents shall submit this exhibit (or a resume, max 1 page per person) for each key personnel to be assigned under the resulting contract. Include all requested information for each key personnel, including current certifications.

Failure to return this exhibit (or reasonable facsimile) may result in proposal being considered non-responsive.

Key Personnel:

Full Name: __________________________________________________________________________

Job Title: __________________________________________________________________________

Total Years Employed by Respondent: ________ Total Years’ Experience (in required service): ________

Qualifications and Experience: __________________________________________________________

Specific Education, Training, Certifications: ________________________________________________

Personnel - Reference 1:

Company Name: _______________________________________________________________________

Contact/Title: _______________________________________________________________________

Phone: ___________________________ Service Period: __________________________________

Roles and Responsibilities: _______________________________________________________________

Personnel - Reference 2:

Company Name: _______________________________________________________________________

Contact/Title: _______________________________________________________________________

Phone: ___________________________ Service Period: __________________________________

Roles and Responsibilities: _______________________________________________________________

IFB No. 802-25-51333 Page 15 of 34

EXHIBIT E – PRICE SHEET

Respondent (Company/Firm): ________________________________________________________________

THIS EXHIBIT SHALL BE COMPLETED AND RETURNED WITH THE RESPONSE. FAILURE TO RETURN

THIS EXHIBIT WILL RESULT IN THE DISQUALIFICATION OF THE RESPONSE.

Respondents are encouraged to submit pricing for the service description type and diameter size for which they propose to provide services under a contract resulting from this IFB. Respondents may submit pricing for some or all of the listed services. TPWD anticipates awarding multiple contracts, with service ordered on an as-needed basis.

Quoted price shall be inclusive of all labor, transportation, travel (miles, meals, lodging), equipment, materials, incidentals, and any other need necessary to successfully complete the service described herein.

TPWD reserves the right to negotiate price for specific projects as they become available.

Line Item

Service Location by Zone, District and County (reference map on next page)

Unit of Measure Unit Price

1 Location anywhere within Zone 1 – District 13 - Yoakum Day $

2 Location anywhere within Zone 1 – District 14 – Austin Day $

3 Location anywhere within Zone 1 – District 15 – San Antonio Day $

4 Location anywhere within Zone 1 – District 16 - Corpus Christi Day $

5 Location anywhere within Zone 1 – District 21 - Pharr Day $

6 Location anywhere within Zone 1 – District 22 - Laredo Day $

7 Location anywhere within Zone 2 – District 24 – El Paso Day $

8 Location anywhere within Zone 2 – District 6 - Odessa Day $

9 Location anywhere within Zone 2 – District 7 – San Angelo Day $

10 Location anywhere within Zone 3 – District 25 - Childress Day $

11 Location anywhere within Zone 3 – District 4 - Amarillo Day $

12 Location anywhere within Zone 3 – District 5 - Lubbock Day $

13 Location anywhere within Zone 4 – District 1 - Paris Day $

14 Location anywhere within Zone 4 – District 10 - Tyler Day $

15 Location anywhere within Zone 4 – District 18 - Dallas Day $

16 Location anywhere within Zone 4 – District 19 - Atlanta Day $

17 Location anywhere within Zone 4 – District 2 – Fort Worth Day $

18 Location anywhere within Zone 4 – District 23 - Brownwood Day $

19 Location anywhere within Zone 4 – District 3 – Wichita Falls Day $

20 Location anywhere within Zone 4 – District 8 - Abilene Day $

21 Location anywhere within Zone 4 – District 9 - Waco Day $

22 Location anywhere within Zone 5 – District 11 - Lufkin Day $

IFB No. 802-25-51333 Page 16 of 34

23 Location anywhere within Zone 5 – District 12 - Houston Day $

24 Location anywhere within Zone 5 – District 17 - Bryan Day $

25 Location anywhere within Zone 5 – District 20 - Beaumont Day $

IFB No. 802-25-51333 Page 17 of 34

IFB No. 802-25-51333 Page 18 of 34

GENERAL TERMS AND CONDITIONS

MARCH 2022

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

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, 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 Respondent to furnish specified brand names, numbers, etc.

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

http://www.txsmartbuy.com/esbd

IFB No. 802-25-51333 Page 19 of 34

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

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177 of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

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

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

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

a) The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor Performance

System,

b) Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

c) Having repeated negative Vendor Performance Reports for the same reason,

d) Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.com/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

http://www.txsmartbuy.com/vpts

IFB No. 802-25-51333 Page 20 of 34

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

6.1. 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 Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments.

All costs of testing and inspection shall be borne by the Respondent. In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed of by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas

IFB No. 802-25-51333 Page 21 of 34

Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by TPWD.

If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became…