ESBD_376988_1727455327220_ADDENDUM_NO.2_IFB_455-25-1005..pdf
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- Attached to
- IFB RRC Regulatory Conference
- Solicitation number
- 455-25-1005
- Issued by
- Texas
About this file
This document is an Addendum to Invitation for Bid (IFB) #455-25-1005, issued by the Railroad Commission of Texas (RRC), pertaining to Hotel Conference Services for the RRC's FY25 and FY26 Regulatory Conferences. The Addendum provides responses to submitted questions, addressing topics such as proof of financial stability, product accessibility templates, marketing restrictions, pricing, payments, audits, responsibility for actions, confidentiality, security requirements, and termination provisions. The IFB covers conferences to be held within Travis County and the City of Austin.
The key pricing terms noted include the ability to amend "all-inclusive" pricing where certain costs like food and beverage may be exclusive, as well as the request for a Direct Billing Application to allow full payment after the group's departure. The RRC indicated flexibility on some contractual terms, while maintaining requirements around records access, background checks, and termination notice periods. Funding for this contract will be subject to the Texas Constitution's restrictions on encumbering state funds beyond legislative allocations.
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CHRISTI CRADDICK, CHAIRMAN THERESA LOPEZ
WAYNE CHRISTIAN, COMMISSIONER DIRECTOR OF OPERATIONS/HUB COORDINATOR
JIM WRIGHT, COMMISSIONER
RAILROAD COMMISSION OF TEXAS
OPERATIONS DIVISION
1701 NORTH CONGRESS AVENUE POST OFFICE BOX 12967 AUSTIN, TEXAS 78711-2967
TDD 800/735-2989 OR TDY 512/463-7284 AN EQUAL OPPORTUNITY EMPLOYER HTTP://WWW.RRC.TEXAS.GOV
ADDENDUM #2
DATE: 09/27/2024
IFB#: 455-25-1005
TITLE: IFB RRC REGULATORY CONFERENCE
PROPOSAL DEADLINE: Tuesday, October 2, 2024, at 2:00 PM Central Standard Time
Item 1:
The purpose of this Addendum is to publicize submitted questions with answers:
NO.
QUESTIONS
ANSWERS
1 Page 1 H.- Term: could you provide us with additional specifics on what kind of proof of financially stability would be requested.
This is a boilerplate standard term and condition. It is not anticipated that RRC will ask for proof of financial stability.
2 Page 3 #5 Products and Conditions: Could you advise more details on what the template, Voluntary Product Accessibility Template (VPAT), entails?
Page 3 #6 A. Use of Access Data: “Marketing”-requesting more details on what kind of marketing is prohibited. For example, when an individual makes a reservation they will receive an email prior to arrival with marketing information about the resort and amenities. It will be hard to regulate the communication following a reservation.
#5 This boilerplate term is not applicable. RRC is not asking for a product template.
#6 This is another boilerplate term that is inapplicable. This term is intended to be used in IT contracts.
3 Page 7 A. All-inclusive Price: Can we amend/omit as some pricing is exclusive. For example, food and beverage is exclusive of service charge.
Page 4 E. Payments: will RRC be able to complete a Direct Billing Application to establish credit to pay in full after departure of group?
Page 5. B Records and Audit: Can we amend/omit – we cannot agree to give full access to all our records at the resort.
A. The key phrase "unless otherwise noted within the contract documents" applies.
This is another boilerplate term.
E. This is not relevant. The proposed provision would not be in conflict.
B. Request denied. This is a required term. And the State auditor isn't going to ask for the records of the whole resort.
4 Page 8. I Responsibility for Actions: #2. We request to remove “ Vendor covenants to fully cooperate with RRC to update and amend the Contract to accurately disclose employment of current or former State employees and their relatives and/or the status of
No.
All other aspects of IFB# 455-25-1005 remain as is.
Pablo Almaraz, CTCM, CTCD Contract Manager IV Contract Management Phone: 512-463-7150 Email: pablo.almaraz@rrc.texas.gov
RECEIPT OF ADDENDUM #2 OF IFB# 455-25-1005
conflicts of interest.” The Resort employ hundreds of employees at the Resort.
Page 9. J. Confidentiality: #1 Can we amend/Omit:
Vendor acknowledges that RRC is a government agency subject to the Texas Public Information Act.
Vendor also acknowledges that RRC is a government agency that will comply with the Public Information Act and with all opinions of the Texas Attorney General’s office concerning this Act
No. This is a required term.
Page 10 K. Could provide more specifics on the RRC’s security requirements before we accept? “. If a Vendor fails to comply with RRC’s security requirements, then RRC may immediately terminate its Purchase Order and related Service Agreement.:
Page 10 L. Could we amend/omit “Background and/or Criminal History Investigation” Page 10. M- could we replace “punitive” with damages?
K. It is not anticipated that security services will be required under this contract.
L. Request denied. These are standard terms and conditions.
M. No. This is a standard term and condition.
7 Page 14. #13 and #17- we cannot agree to the clause indicated, please advise if there is flexibility to remove.
13. This isn't a question.
17. You are commenting on a provision that is not applicable to a contract for services.
8 Page 16. B. Termination- we cannot agree to a 30 calendar day notice of cancellation as it would be challenging for the Resort to recuperate if cancelled 30 days prior to arrival. Can a sliding scale be mutually agreed on? Please advise.
Has the group ever had to cancel due to availability to state funding? Could you eleborate more on this clause?
Specific negotiated terms in the final agreement itself will control, unless a term is required by law to be included in the contract.
No. Yes, RRC can elaborate.
The Texas Constitution prohibits encumbering more state funds than an agency has been allocated. In other words, state agencies are not normally allowed to accrue debt in excess of legislative provision.
9 Page 17. #4 C- Recovery of Funds: we request the clause to be removed. Please advise Page 17. Force Majeure- Can we replace with the Resort’s standard clause?
#4 C- This is negotiable.
Force Majeure language is negotiable in the final contract.
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