ESBD_370406_1722528385488_HHS0015127 PCS 137 Formal IFB V1.70.docx

PCS 137 - GOODS

Cecile E. Young, Executive Commissioner Invitation for Bids (IFB) for Warewashing Chemicals for multiple State Hospitals and State Supported Living Centers IFB No. HHS0015127 NIGP Class/Item No(s): 165-76, 190-36, 485-12, 485-18 ,485-38 Procurement Schedule - All Times are Central Time Reference Section 2 for further information

Table of Contents

Introduction and Purpose of IFB The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers IFBs for HHS.

HHSC PCS is seeking competitive bids to establish contract(s) for a blanket contract for Warewashing chemicals, dispensers, delivery, installation, and training for various HHSC facility-owned dish machines. See Attachment A Facility locations.

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this IFB.

To be considered for award, Bidders must submit a comprehensive Response which includes all required information and documentation as outlined in this IFB to ensure the Bidder meets all requirements, possesses the required experience and qualifications, and has the capacity to provide the goods and/or services described in this IFB. See Appendix A, Submission Instructions and Response Checklist.

Authority HHSC or DSHS or DFPS is soliciting the goods and/or services stated in this IFB under [Texas Government Code 2155.144 Historical Monetary Value Historical spend for the same or similar goods or services is $325,000.00 for the period September 01, 2019 – August 31,2024.

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

No Guarantee of Volume, Usage or Compensation HHS Agency does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this IFB. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

Negotiation, Exceptions or Assumptions Negotiations are prohibited under the IFB procurement method under most circumstances, and even then, the scope of permissible negotiations is limited and may not result in a material change to the scope of work or specifications as advertised in this IFB.

Bidders should NOT submit exceptions to this IFB which could result in disqualification of a Response. No changes to a Response can be made after the submission deadline.

No assumptions should be included in a Response. The inclusion of assumptions could result in disqualification of a Response. Instead, a Bidder should advance assumptions and seek clarification of a section of this IFB, any Exhibits or attachments, in the form and manner required in Section 6.7 IFB Questions or Clarifications.

IFB Components This IFB includes the following items:

· PCS 137 IFB (this document)

· Exhibit A – HHS Solicitation Affirmations

· Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

· Exhibit C – Pricing Sheet

· Exhibit D Bidder Reference Qualifications

· Exhibit E– Historically Underutilized Business (HUB) Subcontracting Plan (HSP) and Requirements

· Exhibit F – HHS Online Bid Room Information

· Attachment A – Facility Locations Procurement Schedule The Procurement Schedule dates on the cover page of this IFB are tentative. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule or as changed via an Addendum. Every Bidder is solely responsible for ensuring its Response is received by HHSC before the Response Deadline in accordance with all requirements regarding submission. HHSC is not responsible for lost, misdirected or late Responses.

By submitting a Response, the Bidder represents and warrants that the individual submitting the Response, inclusive of the documents made part of the Response, is authorized to sign on behalf of the Bidder, and to bind the Bidder under any Contract that may result from this IFB.

Withdrawal or Amendment of Response Bidders may withdraw or amend their Responses at any time prior to the Response Deadline by e-mailing the point of contact listed in Section 6.1 (Sole Point of Contact and Communications).

The e-mail subject line for withdrawal or response amendment should contain the IFB number as indicated on the cover page of this IFB. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

HHSC Overview The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 531, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies.

PCS administers the procurement process, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each HHS program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this IFB.

Definitions Unless the context clearly indicates otherwise, throughout this IFB, the definition given to a term below applies whenever the term appears in this IFB, in any Response (Bid) submitted in response to this IFB, and in any Contract awarded as a result of this IFB. All other terms have their ordinary and common meaning.

a) Addendum – A written clarification or revision to this IFB issued by HHSC.

b) Bidder – The entity or individual that submits a response to this IFB. Includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.

c) Contract –The signed Purchase Order or Signature Document, the Uniform Terms and Conditions, Affirmations, along with any Attachments, Exhibits and any Amendments, purchase orders, or Work Orders that may be issued by HHSC, to be incorporated by reference for all purposes as a result of this IFB.

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Purchase Order or other Contract to provide the services or goods as a result of this IFB.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).

g) Deliverables – The services or goods specified in this IFB and any resulting Contract that the Contractor shall perform or deliver to the HHS Agency.

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: https://www.txsmartbuy.com/esbd.

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

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

j) HHS Agency - HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services (DSHS), separately or combined. May also be referred to as System Agency.

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

l) NIGP (The National Institute of Governmental Purchasing (NIGP) Commodity Book) – The Class-Item numbering and descriptions used by state agencies to properly code services or products for a procurement.

m) Purchase Order – A legally enforceable agreement issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide under any Contract resulting from this IFB.

n) Preventative Maintenance Service: shall be interpreted to mean all adjustments, cleaning and other adjustments which do not require the purchase of materials.

o) Response – All information and materials submitted by a Bidder in response to this IFB. May also be referred to as Bid or Bid Response.

p) Respondent – A term interchangeable with Bidder.

q) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this IFB and any resulting Contract which the Contractor is required to provide.

r) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

s) Texas Identification Number (TIN) – The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number. Further information regarding this number may be accessed via the CPA Fiscal Management TexPayment Resource web page at: https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq.

t) Unit of Measure – The set unit of measure (UOM), included on the Pricing Sheet, used for payment of the services under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

u) Unit Rate – The set rate per the unit of measure (UOM) used for payment of the services, included on the Price Sheet, under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

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

w) Workmanlike manner- Workmanlike manner is defined for these purposes as to do skillfully, adequately and following established standards.

General IFB Information Sole Point of Contact and Communications The HHSC PCS Sole Point of Contact for inquiries concerning this IFB is:

Courtney Meads CTCD, CTCM Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756 512-406-2478 courtney.meads@hhs.texas.gov Bidders shall NOT use the e-mail address above for submission of a Response to this IFB. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this IFB, by e-mail to the HHSC PCS Sole Point of Contact named in Section 6.1 (Sole Point of Contact and Communications); communications by phone will not be accepted except for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation.

All other communications between a Bidder and HHS agency staff concerning this IFB are prohibited. In no instance is a Bidder to discuss cost information regarding this IFB with the HHSC PCS Sole Point of Contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. See also Section 6.2 (Exception to Sole Point of Contact) below.

This restriction (as to only communicating in writing with the HHSC Sole Point of Contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this IFB.

Exception to the Sole Point of Contact The only exceptions to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representative.

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

Binding Offer Period By submitting a Response to this IFB, Bidder agrees that its Response will remain a firm and binding offer for 240 days, as stated in the HHS IFB Affirmations (Exhibit A).

Bidder may extend the time for which its Response will be firm and binding and include the extended period in the Response.

Costs Incurred Bidder understands that issuance of this IFB or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for costs incurred in preparing and submitting a response, including, but not limited to, preparing for, or participating in a vendor conference or site visit.

Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this IFB.

Changes, Modifications and Cancellation HHSC reserves the right to change, amend, or modify this IFB prior to the Response Deadline indicated in the Procurement Schedule (cover page of this IFB). Changes, amendments, and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with the Notification of Addenda or Cancellation, Section 6.8.

HHSC reserves the right to cancel this IFB at any time. The notice of cancellation will be in accordance with the Notification of Addenda or Cancellation, Section 6.8.

Ambiguity, Conflict, Discrepancy Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB in the manner and by the deadline for submitting questions.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the IFB and any resulting contract,

b) shall not contest the interpretation by HHSC of such provision(s), and

c) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

IFB Questions or Clarifications HHSC will allow questions and requests for clarification regarding this IFB if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda. Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page of this IFB) through a new Addendum. The notification will be processed in accordance with the Notification of Addenda or Cancellation, Section 6.8 Submission of Questions or Clarifications All questions and requests for clarification must be submitted by e-mail and include the following information:

a) IFB Number and Title of IFB (cover page of this IFB) must be included in the e-mail subject line and in the e-mail body.

b) Section or Paragraph number from this IFB.

c) Page Number of this IFB.

d) Exhibit name, Section or Paragraph, page number from the Exhibit.

e) Language, Topic, Section Heading being questioned or requested for clarification.

f) Requestor Contact Information must be included in the body of the e-mail.

Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page of this IFB), or deadlines established in subsequent Addenda, may be reviewed by HHSC but will not be answered.

Notification of Addenda or Cancellation Addenda Notification All addenda will be posted to the ESBD. It is the responsibility of each potential Bidder to monitor the ESBD for any Addenda affecting this IFB. Failure to check the ESBD will in no way release any potential Bidder or awarded Contractor from the requirements of posted Addenda. No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this IFB, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

Cancellation Notification HHSC reserves the right to cancel this IFB at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this IFB.

Scope of Work (SOW) Specifications The required goods and services to be provided for Warewashing chemicals, dispensers, delivery, installation, and training for various HHSC facility-owned dish machines are as followed.

Insert pricing on Exhibit C Pricing Sheet.

Chemical Product Description All chemicals must be Auto-Chlor brand or equivalent for use in Auto-Chlor warewashing machines to meet in-place lease requirements with Auto-Chlor Services, LLC. to prevent voiding of established leases and loss of warewashing capabilities to named facilities.

· Auto-Chlor Item #137 Dishwashing detergent, R2 Machine detergent, 4-1 gallon/cs

· Auto-Chlor item #139 Machine Rinse Aid Liquid, Rinse-Aid, 4-1 gallon/cs

· Auto-Chlor item #141 Low Temp Sanitizer Solution CL, 4-1 gallon/cs.

· Auto-Chlor item #275 Low temperature dish sanitizer, Solution CL, 5-gallon pail

· Auto-Chlor item #443 Deliming Solution, D-Scale De-scaler, 4-1 gallon/cs.

· Auto-Chlor item #364 Oxy Clean De-Stainer, 25-pound carton,

· Auto-Chlor item #146 Detergent, Heavy Duty, Low Temp dish machine detergent #2,5-gallon pail

· Auto-Chlor item #779 Dish Soap, Kleen Duty, 4-8 lb. Capsules, case.

· Auto-Chlor item #320 Machine Endurance, 2-3.7 liters/case

· Auto-Chlor item #324 Machine Rinse -Aid, 2-3.7 liters/case.

· Auto-Chlor item #425 Stainless Steel Polish, 6/1 qt. case

· Auto-Chlor item #206 Machine rinse aid Liquid, Rinse-Aid, 5-gallon pail

· Auto-Chlor item # 334 Pot & Pan heavy duty liquid, 5-gallon pail

· Auto-Chlor item #452 Solution QA, manual sanitizer, 4/1 gal,

· Auto-Chlor item #270 Solution QA, manual sanitizer, 5-gallon pail,

· Auto-Chlor item #451 Special Presoak, 4/1 gal. case

· Auto-Chlor item 427D-Grease Degreaser 4/1 gal. case,

· Auto-Chlor item #413. O.K., grill, and oven cleaner, 6/1 qt. case,

· Auto-Chlor item #415 Glass Kleen, 6/1 qt. case,

· Auto-Chlor item #418 Glass Kleen, 4/1 gal. case,

· Auto-Chlor item #783 Auto Kleen, Metal Safe Machine Detergent, 4/8 lb. capsules per case Equal Products The information identified above is intended to be descriptive, not restrictive, and to indicate the quality and characteristics of products that will be satisfactory. If bidding other than specified brand or part number, bidder must include Chemical Code/ Chemical Name of manufacturer and brand/trade name with bid sufficient literature to allow evaluation of the items. All agents furnished shall contain the quantity level as stated in the specifications. Failure to do so shall result in disqualification of bid.

The state has the right to accept or reject different brands in the best interest of the state.

Vendor must furnish product information on each product, including material safety data sheets (MSDS) on each product with the bid. Failure to do so may result in disqualification of the bid response.

The Texas Health and Safety Code Chapter 502, Section 502.006 requires chemical manufacturers and distributors to provide material safety data sheets (MSDS) for hazardous materials sold. Products covered by this act must be accompanied by a material safety data sheet and such products shall be labeled in compliance with the law.

Vendors are cautioned to carefully read the specification(s) and must direct our attention to any exceptions to specifications; even though your catalog or spec. sheet may or may not list specifications for your product.

Products delivered that fail to meet specifications or are not the actual item(s) awarded on the contract shall be rejected or returned at the vendor's expense. Item(s) will be purchased on the open market, and any resulting increase in price shall be charged to awarded vendor.

Similar items may be added to the awarded contract upon mutual agreement.

Chemical Samples No samples are required with the bid.

HHSC reserves the right to request samples. Samples must be submitted within five (5) working days of request at no expense to HHSC with freight prepaid. Samples submitted to verify specifications prior to making an award may be retained for the duration of the contract for later comparison with items delivered. Each sample should be marked with bidder's name, address, bid opening date, and requisition number.

Vendor hereby guarantees that all chemicals and equipment proposed to be furnished by vendor are not adulterated or mislabeled. Vendor further guarantees that all chemicals and equipment proposed to be furnished will meet all requirements specified by all applicable federal, state, and local laws. All products must be biodegradable and meet all EPA and OSHA requirements.

The state has the right to accept or reject different brands for the best interest of the state.

Chemical Testing Testing will normally be conducted in accordance with the latest issue of standard methods recommended by the American Society for Testing and Materials (ASTM) However, HHSC reserves the right to use any test method(s) it deems fair and suitable to determine compliance with the specifications.

Reworked Products REWORKED PRODUCTS, PRODUCTS PREVIOUSLY REFUSED FOR DELIVERY OR SECONDS WILL NOT BE ACCEPTED. Unauthorized substitutions prohibited. No substitutions, including product code number changes, shall be made unless the vendor has obtained prior written approval from HHSC Purchaser prior to shipment. Cost of substitute items shall be the same as the cost for the awarded item. Substitutions must meet or exceed the specifications written in the item description as published in this Solicitation.

Vendor Responsibility Vendor shall furnish, install, and maintain ASSE (American Society of Sanitation Engineering) Certified dispensers compatible with products as needed per appropriate line items, free of charge or obligation to purchase to HHSC facilities.

Dispensers will automatically control and dispense directly from shipping containers to maintain concentrations at the pre-determined level.

Dispensers must be equipped with visual signal when product is depleted and a visual display of operating modes.

Instructions for operation of dispensers and dilution of chemicals shall be understandable and clear at an eighth-grade level and provided in English and Spanish if requested by HHSC facilities.

Design of the dispensing systems shall protect users from exposure to concentrated products.

Parts not specifically mentioned with care required for the system to be fully operational must be furnished.

For all continuous built (flight type) two tank, single tank conveyor and /or single tank door type dishwashing machines, vendor shall furnish, install, and maintain acceptable dispensing device(s) compatible with dishwashing machine specifications.

Vendor’s representative shall also provide at time of installation, to all pertinent personnel, all necessary instruction to ensure most economical highest degree of performance is maintained.

All conveyor machines that the HHSC specifies will have furnished an energy saver piece of equipment that controls machine cycling and will be installed and maintained by the vendor at no charge to the facilities.

Bid prices shall include dispensers and all technical assistance services complying with the specifications. There shall be no additional costs or obligation.

Minimum Experience and Qualifications These minimum requirements apply to the Contractor and Contractor’s personnel and any Subcontractor and Subcontractor’s personnel.

Bidder shall submit documentation of experience and qualifications with Response, if requested in Exhibit C– Pricing Sheet.

a) The Bidder shall have relevant experience required for the performance of the services as outlined in this IFB. The minimum experience required is 3 years of experience servicing Auto-Chlor brand warewashing machines.

b) The Bidder’s personnel to be assigned to perform the services specific training in operations of Auto-Chlor brand warewashing machines.

c) Required Licensure and Accreditation

d) Applicable permits

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

The Bidder must provide a minimum of three (3) verifiable references for current or previous contracts of the same size and for similar or same services within the last 3 years in Exhibit D – Bidder Reference Form and return with Response.

Installation Prior to installation of electronic dispenser(s), vendor's representative shall obtain approval from the facility representative(s) for location of power connection to transformer from control box for each machine. The designated facility representative shall furnish suitable water outlet on flow pressure side of house temperature supply to the machine. Vendor shall connect from that point to secure all tubing in a workmanlike manner.

All warewashing chemical dispensers are required to be AASE certified to meet backflow prevention regulations. The vendor is responsible for remedy should the dispenser not be deemed within regulation by facility/HHSC representative.

The following installation practices shall also be adhered to:

· Transformer shall be mounted as close as possible to source of power on load-side of machine motor switch as agreed to by HHSC representative.

· Wiring on high side of transformer shall be an approved UL with moisture resistant flame-retardant and noncorrosive covering conforming with recognized wiring methods of the national electrical code. Wiring shall be secured to control box by clamp in taut workmanlike manner.

· All low voltage wiring from indicator unit shall be firmly secured at approximately two (2) intervals and grouped together in neat, workmanlike manner.

Installed system shall not interfere with primary water line and shall have a backflow prevention mechanism.

Vendor's representative shall, at the time of installation of dispenser(s), adjust electronic control to provide chemical concentration at the most economical concentration required by local water conditions such that dishwashing results are satisfactory to food service manager.

Preventative Maintenance / Service Prior to the contract start date, awarded vendor shall provide a 24-hour contact name and number. A representative must be always available.

Preventative Maintenance or Services calls are to be performed between the hours 8:00 am and 4:00 pm.

Awarded vendor is responsible for not interfering with normal flow of business.

Any services performed outside of regular work hours will need to be approved by the Facility representative or Food Service Manager.

Preventative Maintenance Vendor shall provide a minimum of one (1) preventative maintenance service call at each location at intervals not to exceed four (4) weeks during the contract period.

The term "preventative maintenance" service: shall be interpreted to mean all adjustments, cleaning and other adjustments which do not require the purchase of materials.

Each month vendor shall de-lime dish machines according to industry standards as to the requirements of each type of machine and the instructions on the de-scaler container.

Most machines will require that the chemical be disconnected, and the de-scaler be added, primarily to the rinse tank. Vendor shall run machines with the de-scaler. All arms will require that de-scaler be place in them directly or that they be disconnected and soaked in the de-scaler solution. Vendor shall run machine through rinse cycle and rinse out machine with clear water and return machine to normal operation.

Vendor shall inspect all dispensing equipment for defects or malfunctions and make any minor repairs and adjustments, as necessary.

Vendor shall replace tubing running from automatic dispensers to equipment monthly at no additional charge, to insure there are no leaks.

Test to ensure each chemical is performing optimally when moving from the automatic dispenser to the equipment in the time needed.

Service Calls Service calls shall be made by representative(s) of vendor who shall have been technically trained and employed by vendor for a period of not less than one (1) year, during which representative's responsibility shall have been the servicing of institutional dishwashing machines.

Vendor's representatives shall be solely responsible for coordinating service visit(s) with Food Service Manager and for ensuring that any or all the following services are provided to Food Service Manager's satisfaction while utilizing contractor's product(s):

· Inspect and properly maintain all dispensing equipment.

· Inspect dishwashing machine(s) in operation as to functioning of mechanical parts, gauges, valves, cleanliness of wash arms and rinse nozzles.

· Provide adjustments as necessary and clean interior of all machines, dispensers, and mechanical parts, utilizing appropriate products.

· Check solutions on each machine(s) for optimum concentration and temperature.

· Provide, upon request, a test kit for measuring alkalinity of work solution and a separate test kit for determining water hardness.

· Provide instruction on necessary machine maintenance procedures to be followed by HHSC personnel between regular service calls.

Emergency Service Emergency service shall be rendered within eight (8) hours of notification to repair dispenser(s) and /or dispenser installation(s) to include all replacement parts or equipment which shall be borne by the vendor at no cost to the facilities.

Service Reports Before the vendor's representative leaves each service call and inspection, the written service inspection report will be reviewed with the Food Service Manager and a copy left on site.

Within 15 days of service, a copy of the report shall be sent by Vendor service representative or vendor contract representative to the HHSC Coordinator via fax (512) 419-2231; or email at FSSNutritionFood@hhsc.state.tx.us

· Each report shall provide at least the following, when applicable

· Name of facility

· Date of service

· Name of vendor's representative performing service

· Statement of any and all needed repairs to washer and respective corrective measures taken and/or recommended.

· Conditions found and preventative maintenance performed.

· Training conducted.

Consumption usage reports will be furnished to the Food Service Manager.

Vendor shall take and record titrations in every module each month.

Chemical Containers Vendor shall make sure the Manufacturer's standard containers are sufficiently durable to ensure safe delivery with the construction and labeling of each which allow ready acceptance by common carriers regularly engaged in interstate commerce and must conform to all Department of Transportation (DOT) regulations.

All containers shall be designed and constructed so that product shall not affect or be affected by the containers in which it is furnished.

Containers shall not have defects affecting service ability, such as rust spots, dents, weak seams, etc.

Vendor shall include disposal instructions for chemical containers in English and/or Spanish if requested.

Chemical Containers Label/ Packaging All containers and cases must be labeled with the manufacturer's standard identification commercial typeset label.

The label shall follow the Federal Hazardous Substance Labeling Act and current OSHA regulations.

Label shall be in acid resistant ink.

Label will resist deterioration and remain legible throughout using period of contents.

Agency Purchase Order Number Packing slip must accompany each shipment.

Shipping All items shall be manufactured, marketed, and shipped in full accordance with Federal State and Local Laws and specifications instructions for appropriate use of the product and safety and handling precautions.

Merchandise delivered within seven (7) working days of receipt of order.

In the event of an emergency, Vendor must have the ability to deliver merchandise in within a 24-hour period of receiving the request.

Delivery Guidelines

a) Observe all posted speed limits. Speed limits are strictly enforced.

b) Observe all stop signs and other traffic controls.

c) Parking must be in area designated by Warehouse staff.

d) Vehicles must be locked, and keys removed at all times when unattended.

e) Pedestrians have the right-of-way at all times. Drive with extreme caution and be prepared to cope with unexpected circumstances.

f) Firearms and alcoholic beverages are forbidden on campus.

g) Tools and equipment must be properly secured at all times.

h) No smoking.

i) Contact with residents is forbidden. Do not offer cigarettes, matches, lighters, food, or money to residents.

j) If you require assistance with a resident, notify Facility staff.

Deliveries

a) Deliveries are to be made between 7:00 AM and 4:00 PM on date specified, but not between 11:00 AM and Noon to the address specified on the issued PO.

b) The vendor is responsible for payment of any additional charges by the contract warehouse (such as overtime, blast freezing, lowering temperatures, re-stacking; second delivery due to split delivery quantity [unless requested by HHSC], unloading charges, etc.).

c) ALL deliveries shall arrive ON TIME as requested by HHSC. It is the awarded vendor’s responsibility to contact the Point of Contact specified on the issued PO if unforeseen circumstances arise that may cause a delivery to be late.

d) HHSC reserves the right to purchase late items on an emergency basis and charge any resulting increase in price to the awarded vendor.

e) Products delivered that fail to meet specifications or are not the actual item(s) awarded on the contract shall be rejected or returned at the vendor's expense. Vendor will reimburse the agency for cost of storage and handling fees incurred at the contracted storage facility and any cost to pick up and return product delivered to individual facilities. Any cost incurred to verify compliance with these specifications will be the responsibility of the vendor if product is found not to be in compliance. This may include but is not limited to laboratory tests.

Receiving Products The Agency will ensure product received is the same as awarded item. Product that is not the awarded contract item, or product that is damaged or otherwise not in good condition, will be refused. Instances of damaged case goods, the Agency will accept the product that is in good condition and return the portion of the shipment that is damaged. If shortages occur due to refusal of damaged products or otherwise at the fault of the vendor, The Agency may purchase needed items locally on an Emergency Purchase Basis. The awarded contract vendor shall be responsible for the difference in cost, if any, between the contract item and the emergency purchase items. Should the Agency determine an awarded product does not meet the specifications listed the Agency will immediately contact the vendor to attempt resolution. If not resolved, the Agency will contact the HHSC Buyer and HHSC Contract Manager. The Agency will retain the product case, label intact, under appropriate storage conditions until product is secured for further investigation.

State Holidays The state holidays observed are maintained by the State Auditor’s Office and may be accessed at: https://hr.sao.texas.gov/Holidays. HHS Agency does not require services to be performed on the “All agencies closed” holidays and any exception will be provided in writing to the Contractor. HHS Agency requires services to be performed for “Optional Holidays” or “Skeleton Crew Required” holidays.

To fulfill the required services, as applicable, the Contractor may perform the services on a holiday observed by HHS at NO additional expense to the HHS Agency.

Authorized services performed by Contractor on a state holiday will be invoiced at the Contract rate for Outside Regular Hours.

Contractor Responsibilities The Contractor(s) is solely responsible for the performance of all services and requirements referenced in Section 7.1, Scope of Work and this IFB.

Contractor will not be relieved of its obligations for any nonperformance by its employees or Subcontractor(s).

a) The Contractor shall furnish all labor, tools, transportation, equipment, materials, and supplies, as necessary, to perform the services and/or provide the goods, as required.

b) The Contractor shall be responsible for supervision of its employees and Subcontractor employees, together with clean up and proper disposal of any site work waste.

c) The Contractor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

1.1.1 Independent Contractor

It is understood and agreed by the HHS Agency and the Contractor that the Contractor is retained as an independent Contractor and in no event shall any employee hired by the Contractor be considered an employee of the State.

a) The Contractor shall not allow any visitors, spouses, children or other relatives of the Contractor’s or Subcontractor’s employees to be on state property in connection with the Contract during working hours.

b) The Contractor shall be responsible for all employment taxes and other payroll withholding for its employees.

c) The Contractor shall be responsible and liable for the safety and health of its personnel while they are performing work for an HHS agency and while on the HHS Agency premises.

d) The Contractor shall be responsible for verifying that all its employees assigned to perform services under the Contract are in compliance with all requirements of the Immigration Reform and Control Act of 1986, Public Law 99-603, which became effective November 6, 1986, and any subsequent amendments.

e) The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine eligibility of (A) all persons employed by the Contractor to perform duties within Texas; and (B) all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the contract within the United States of America.

f) The Contractor and the assigned Contractor employees or the Contractor’s Subcontractor and Subcontractor employees assigned to perform the services must have all applicable permits, licenses, accreditations, and insurance coverage.

1.1.2 Contractor Equipment

The Contractor shall be responsible for the security, maintenance, loss or damage to its equipment or its Subcontractor’s equipment while on HHS Agency premises.

HHS Agency will NOT be responsible for damage to or loss of the Contractor’s or Subcontractor’s equipment.

1.1.3 Background Check for Personnel Comment by Meads,Courtney (HHSC): Program:: Do we need this language ? Comment by Huneycutt,Julie (HHSC): I don't know, this would not be something specific to this contract but a state regulation for contractors working in state facilities.

The Contractor or an independent third party may need to conduct comprehensive, statewide Texas Department of Public Safety (DPS) criminal and sex offender background checks on all Contractor personnel (e.g., permanent, and temporary personnel and/or Subcontractor and Subcontractor personnel) who will be assigned to perform the services under the Contract.

The Contractor shall be responsible for all background check expenses.

The background checks must be conducted prior to any Contractor or Subcontractor personnel arriving on state property and beginning the required Contract services.

Supporting documentation confirming the completion of the background checks is subject to review upon request by the HHS Agency. Failure to produce the requested documentation, as with any violation of the Contract, constitutes grounds for termination of the Contract with cause.

The background checks shall include, but not be limited to, Social Security Number Verification.

Statewide criminal and sex offender records shall include, but not be limited to, all Texas counties and out-of-state counties based on the current and previous addresses of the key personnel for the last seven years.

Personnel with sex offender, child or adult abuse, or fraud convictions shall not be allowed to provide Contract services and shall not be allowed access to HHS Agency property, facilities, or documents in connection with the Contract.

Assigned personnel with misdemeanor convictions must receive prior approval by the HHS Agency before being allowed to work under this Contract.

1.1.4 Absenteeism and Vacation

The Contractor shall provide substitutes for any of its employees or Subcontractor’s employees providing services at the HHS facility who may be absent for any reason. The Contractor shall provide relief personnel as necessary and/or work overtime at no cost to the HHS Agency, to ensure that the requirements of this Contract are performed and accomplished as required.

Telephone Service The Contractor shall have an active telephone service answered during normal business hours. Normal business hours are between 8 a.m. and 5 p.m. Monday through Friday, unless otherwise stated in the IFB.

Contractor and Contractor Personnel Conduct All personnel employed by the Contractor to fulfill the requirements and terms and conditions of the Contract remain under the Contractor’s sole direction and control.

The following applies to the Contractor, Contractor employees, and, if applicable, the Contractor’s Subcontractor and Subcontractor’s employees.

Performance Compliance While performing the services, all Contractor and Subcontractor personnel must comply with all applicable state rules, regulations, and HHS Agency’s requests regarding personal and professional conduct applicable to the services being provided as well as the service locations. All personnel must always conduct themselves in a businesslike and professional manner.

If the HHS Agency determines that an employee of the Contractor or Subcontractor is not conducting himself or herself in accordance with the conduct standards under this Contract, the HHS Agency may provide written notice to the Contractor. Upon receipt of such notice, Contractor must promptly investigate the matter and take appropriate action that may include:

a) Removing the employee from the project.

b) Providing the HHS Agency with written notice of such removal; and

c) Providing the HHS Agency with the information for the replacement employee, who must be qualified and trained, within the timeline designated by the HHS Agency.

Contractor Supervisor(s) and Performance Monitoring The Contractor shall provide competent supervisor(s) if the service location is at an HHS Agency facility. A Supervisor may be considered a roving Supervisor to monitor more than one location with approval from the HHS Agency Contract Manager.

All supervisors must be able to communicate in English verbally and in writing. The supervisor shall be knowledgeable of the Statement of Work (SOW) and requirements of the Contract.

The Contractor and the supervisors shall continuously monitor and maintain awareness, by personal inspection, of the quality and completeness of the work being performed. The Contractor and supervisor may be requested and required to inspect the HHS Agency facility with the HHS Agency Contract Manager or designee.

Personnel Removal and Replacement

a) Removal The HHS Agency may request removal for cause of any Contractor or Subcontractor employee assigned to the Contract, including but not limited to:

1. poor or unacceptable work performance,

2. theft,

3. abusive language or behavior, or

4. improper attire, in accordance with the terms and conditions of the Contract.

Occurrences of this type may be cause for termination of the Contract.

b) Replacement Replacement of Contractor or Subcontractor personnel will be subject to HHS Agency review and approval. At the request of the HHS Agency, the Contractor must replace any Contractor or Subcontractor personnel who are not adequately performing the required services or who are unable to work effectively with the HHS Agency Contract Manager or other HHS staff. The Contractor shall provide replacement personnel who have the required qualifications and training as outlined in this IFB and resulting Contract. The Contractor and HHS Agency Contract Manager will work together in the event of any such required replacement to prevent disruption in the services or performance schedule and will mutually agree upon the timeline for the replacement.

Intoxicants and Illegal Drugs Prohibited The use or possession of any kind of intoxicants or illegal drugs by Contractor (or any of its Subcontractors) employees while on duty at HHS Agency premises, including the building and grounds, is prohibited. At the sole discretion of the HHS Agency, non-compliance with this requirement may result in termination of the Contract.

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

Contractor Uniforms and Identification All Contractor and Subcontractor employees are required to wear company uniforms and identifying badges while providing services in or delivering to HHS Agency premises.

Uniforms may be company shirts or T-shirts, smocks, and pants or shorts. The Contractor shall contact the HHS Agency Contract Manager to request approval for the use of other apparel.

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