ESBD_383039_1731531416361_IFB Solicitation-3202500141.docx

INVITATION FOR BIDS (IFB)

TEXAS WORKFORCE COMMISSION

Accounts Payable Email: APPO@twc.state.tx.us

TEXAS WORKFORCE COMMISSION

Name: Rachel Dean, CTCD, CTCM vendorproposals@twc.texas.gov

VENDOR TEXAS IDENTIFICATION NUMBER:

(Issued by the Texas Comptroller of Public Accounts)

VENDOR FEDERAL EMPLOYER IDENTIFICATION NUMBER:

(Issued by the Internal Revenue Service)

Check below to claim a preference under statute:

|_| 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

TWC only accepts electronic bids. If a hard copy of the bid is submitted, it will not be screened and will not be returned. Bids will not be received after the submission deadline therefore will not be evaluated.

This solicitation is being advertised in accordance with 2155.067 of the Texas Government Code. Only bids on items conforming exactly to these specifications, which include proposing only the brand name(s), make and model number(s) specified, will be considered in determining the award. If a competing vendor believes it can satisfy these specifications, it should respond and explain how the specifications can be met.

Quantities are estimated annual quantities. Actual order quantities may vary.

Option: FACTORY INSTALLED LEXAN GLASS- Provided pricing to upgrade the unit to factory-installed LEXAN GLASS. This pricing shall be upgraded cost only. This option, if desired, will be specified on the Purchase Order requesting delivery of items.

PLEASE SEE ATTACHMENT A – PRICING SHEET FOR ALL ITEMS. PLEASE LIST YOUR PRICES FOR EACH LINE ITEM WHERE DESIGNATED. SEND THE PRICING SHEET ALONG WITH YOUR SIGNED IFB DOCUMENT IN YOUR PROPOSAL.

FAILURE TO SIGN MAY DISQUALIFY BID – SIGNATURE MUST BE IN INK

TABLE OF CONTENTS

1. INTRODUCTION………………………………………………………………………………………………………….2

2. GUIDANCE FOR BID PREPARATION…………………………………………………………………………..3

3. SUBMISSION DETAILS……………………………………………………………………………………………….3

4. CONTRACT AWARD…………………………………………………………………………………………………….3

5. CONTRACT TERM………………………………………………………………………………………………………..3

6. SPECIFICATIONS………………………………………………………………………………………………………..3

7. ESTIMATED USAGE…………………………………………………………………………………………………….4

8. WARRANTY………………………………………………………………………………………………………………….5

9. DELIVERY……………………………………………………………………………………………………………………5

10. LABELING AND PACKAGING……………………………………………………………………………………..5

11. EVALUATION AND AWARD……………………………………………………………………………………….6

12. DAMAGED/DEFECTED/DISCREPANICES…………………………………………………………………..6

13. HUB PARTICIPATION………………………………………………………………………………………………..7

14. ADDITIONAL WARRANTY REQUIREMENTS………………………………………………………………7

15. GLOSSARY………………………………………………………………………………………………………………..8

Respondents should carefully study all specifications, terms, and conditions prior to submitting a bid.

1. INTRODUCTION:

a. The Texas Workforce Commission (TWC) is requesting bids for the purchase of vending equipment which includes vending machines, credit card readers, and currency/bill changers for use at Business Enterprises of Texas facilities throughout the state of Texas.

b. The individual listed below may be contacted for clarification of this solicitation. No authority is intended or implied that the specifications may be amended, or alternates accepted prior to bid opening without written approval of the TWC.

Purchaser: Rachel Dean, CTCD, CTCM Vendor.proposals@twc.texas.gov

c. You must submit your response electronically via the email address provided. Hard copies received will not be accepted or reviewed.

Response submission will not be received and therefore will not be evaluated.

TWC is not responsible for responses considered disqualified due to failure of electronic equipment or operator error.

d. Bids must be returned to TWC not later than 10:00 AM Central Time (CT), December 3, 2024. Late bids will not be accepted.

e. TWC is not responsible for responses received late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

2. GUIDANCE FOR BID PREPARATION:

a. Each bidder, by signing the bid form certifies that their bid meets or exceeds all mandatory specifications set forth in this IFB.

b. An authorized officer of the vendor must sign the bid. Bids must be responsive to the specifications contained herein but may contain additional information considered pertinent by the bidder. TWC reserves the right to not make an award from this IFB.

3. SUBMISSION DETAILS

e. Submit one (1) original electronic copy of signed bid along with completed Fee Schedule and any licenses or certifications. Should the electronic file attached via email be larger than 50MB, submit your response in multiple emails, indicating the number of emails in the subject line, following the required Title, IFB number, Bid Due date, and time.

Example: BET Vending Equipment, 320250141, 12/3/24, 10:00 AM CT, Email 1 of XX.

Anticipated Contract start date

March 1, 2024

4. CONTRACT AWARD:

a. Award will be made to the lowest compliant bid that meets the required specifications.

b. Contracts awarded under this IFB will be subject to the TWC Terms and Conditions in place at the time of contract execution. The current TWC Terms and Conditions are provided as reference for review in Attachment B – TWC Terms and Conditions (1/30/2024).

5. CONTRACT TERM:

a. Initial one year contract with four (4) one (1) year renewal options.

b. The Contract may be amended only by written agreement signed by both parties.

6. SPECIFICATIONS

a. NEW EQUIPMENT: All equipment offered must be new, components must be of current production and include the manufacturer’s standard equipment and accessories. Used, Shopworn, demonstrator, discontinued, prototype, rebuilt, reconditioned or remanufactured components are not acceptable.

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

c. Specifications for merchandise are listed on Attachment A- Pricing Sheet. Pricing should also be indicated on Attachment A. Bidders are requested to fill in all applicable information on merchandise being bid.

d. Manufacturer’s standard warranty shall apply unless otherwise stated in the IFB.

e. No Substitutions permitted without written approval of TWC.

f. After award, no substitutions are permitted without prior approval of TWC. Requested substitutions must be submitted in writing, including discontinued items. Should any items(s) be discontinued or become unobtainable during the life of this contract, TWC reserves the right to request the vendor to offer potential substitutes. Vendor will provide complete specifications for any substitution.

g. Set-up programming and training to be conducted in Austin, Texas. At a minimum, set-up programming and training shall include:

i. Demonstration of the proper operating techniques of equipment ordered to at least one individual designated by the end user. This demonstration is to include basic training on the proper operation of the equipment delivered.

ii. The individual trained must be able to independently perform the following operations at the completion of training:

1. Set-up programming and re-programming.

2. Basic troubleshooting.

3. Repair/replace vending motors, coin/bill jams.

4. Circuit board replacement.

iii. The set-up programming training will occur as soon as possible after receipt of equipment. Vendor will be contacted by TWC at least two (2) weeks in advance of training to arrange a date and time for this training. Agency contact will be provided at time of award.

iv. Training may not be subcontracted to a third party without the expressed written approval of TWC or their designated representative.

7. ESTIMATED USAGE

a. Quantities shown are our best estimates of needs through the initial contract period. The contractor shall not ship any merchandise until a purchase order is issued by TWC.

b. Quantities shown are estimates, TWC does not guarantee that any of the estimate’s quantities will be ordered during the term of the contract, however, TWC reserves the right to exceed the quantities shown. Contractor will be required to fill all orders.

c. If it should be determined, during the life of the contract, that the merchandise contracted for will not satisfactorily fill the needs of the agency or our customers, the agency reserves the right to purchase on the open market such merchandise that will meet the needs of the agency.

d. Contractor will be required to fill all orders.

8. WARRANTY:

Manufacturer’s standard warranty applies.

9. DELIVERY

Delivery terms are F.O.B. destination, freight prepaid and allowed. No “handling” charges, insurance, fuel increase costs, or other charges will be honored.

a. Delivery of all equipment ordered under contracts awarded from this IFB shall be made to:

Texas Workforce Commission Distribution Center 2810 E. Martin Luther King Jr. Blvd.

Austin, TX 78702

b. Delivery may be made during normal working hours, Monday thru Friday, 8:00am to 12:00pm and 1:00pm to 3:00pm, unless approval has been obtained from ordering agency.

c. Contractor must reference the purchase order number on all packages and correspondence concerning each order. A packing slip must be included with all orders/delivers.

d. Accelerated Delivery: TWC may from time-to-time request accelerated delivery. When accelerated delivery is requested, vendor shall apprise TWC of the estimated delivery date for the items requested and exert its best efforts in meeting the accelerated delivery schedule.

e. If delay in delivery is foreseen regarding any order, vendor shall give written notice to TWC. Vendor must keep TWC advised at all times on the status of orders. TWC may extend delivery times at its discretion. Default in promised delivery (without acceptable reasons) or failure to meet specifications authorizes the TWC to purchase ordered item(s) elsewhere and charge any increase in cost and handling to the vendor.

f. BACK ORDERS: If delay in delivery is foreseen for any item(s), or the item is out of stock, the vendor shall give written notice to TWC. Out of stock items must be back ordered and shipped against the existing purchase order when available.

10. LABELING AND PACKAGING

a. Labeling: Each shipping container shall be clearly marked with the following:

i. Name of Contents

ii. Quantity ordered

iii. Name and address of manufacturer

b. The container or shipping documents shall include;

i. Model Number

ii. Agency purchase order number

iii. Name and address of ordering agency.

c. Packing-Packaging

i. If palletized, height of palletized crate may not exceed 60”. Side access cut-out of pallet/skid to be minimum of 2-1/2”H to accommodate the TWC forklift.

ii. All Vending machines to be packaged in cardboard cartons.

iii. The corners are to be padded with some type of cardboard of foam padding.

iv. The glass on each machine should be protected in some form.

v. Packing for shipment shall be in accordance with the manufacturer’s standard practice and in a manner readily accepted by common carriers engaged in interstate commerce. Within the shipping carton, unity shall be packed in a manner designed to minimize damage during shipment due to rough or improper handling.

11. EVALUATION AND AWARD

a. TWC intends to make awards for individual items based on lowest price or group of items based on the overall low total, meeting the minimum specifications for each item. TWC may consider other relevant factors listed in Texas Government Code, Section 2155.074 when making awards.

b. TWC reserves the right to award contracts to secondary vendors in addition to awards made to the primary vendors resulting from this IFB. TWC may order items from secondary vendors in the event that the primary vendor is either unable to supply the item ordered or unable to supply the item per accepted delivery times.

c. Bidders must bid prices for the full period of the contract and are obligated to supply items, at the bid price, regardless of manufactures price increase and/or fuel increase costs. Failure to comply could result in TWC purchasing item(s) elsewhere and assessing damages to your company.

12. DAMAGED/DEFECTED/DISCREPANICES

a. TWC will contact the vendor directly for replacement of defective and/or damaged equipment, as well in the case of shortages and/or incorrect items received by TWC. Upon notification by TWC vendor shall advise TWC regarding the curing of any damage, defect, or discrepancy. Replacement items must be shipped within seven (7) calendar days of notification by TWC.

b. SINGLE POINT OF CONTACT: Vendor(s) shall provide a single point of contact for all damage/defect/discrepancy issues. The designated contact will be responsible for ensuring that TWC staff notifications are handled appropriately.

13. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION

The TWC HUB Program Office has reviewed the requirements of this solicitation and determined that subcontracting opportunities are not probable under the resulting contract. Therefore, respondents are not required to submit a HUB Subcontracting Plan with their response at the time of submission.

14. ADDITIONAL WARRANTY REQUIREMENTS

Acceptance of a contract by a bidder shall include acceptance of the following warranties and guarantees:

a. Any items rejected by TWC within one year of date of receipt will be replaced or a refund made by the vendor within thirty(30) days after notification by TWC. Vendor shall be responsible for all freight charges associated with the return of rejected items including items purchased for warehouse stock, which subsequently are found to be defective or broken.

b. Warrant that the merchandise bid is free from defects in material and workmanship and agrees to repair on location or replace promptly, on a one for one basis without additional cost to the TWC during the one-year period, any and all items failing excluding failures attributable to accident, fire, or negligence on the part of operating (using) consumers/staff. This warranty/guarantee is not the exclusive remedy of TWC but is in addition to the general obligations of the vendor to faithfully perform the contract and it in no way limits the responsibility of the vendor for faulty design, manufacture, or assembly of the equipment.

c. Neither the final payment nor any provisions of the contract documents shall relieve the vendor of responsibility for faulty materials, design, workmanship, manufacture, or assembly. If the vendor, after due notice, fails to proceed promptly to comply with the terms of the warranty/guarantee, TWC may, at its option, have the defects corrected or items replaced by purchasing them elsewhere and charge any increase in cost and handling to the vendor.

d. Vendor shall guarantee the merchandise to be first quality grade in the field and that merchandise bid has been sold in commercial trade. Vendor further guarantees that merchandise bid is of normal production.

e. The warranty will cover the completed product and all parts of the product, together with the cost of all labor, materials, and parts required to repair any faults or defects of design, material, or workmanship of the product.

f. At a minimum, the warranty period will begin on the date the equipment is accepted by TWC and will continue in effect for a continuous period of (i) one year from that date, or (ii) the duration of the manufacturer’s standard warranty, whichever is longer. If no time or specific protocol for acceptance is specified elsewhere in the Contract or the agency purchase order, items are presumed accepted ten working days after receipt. The warranty will apply to any warranty service or repair requested by Customer during the warranty period by contacting the vendor’s authorized warranty service provider with such request, regardless of the amount of time required to complete the requested warranty service or repair. It is the intention of the parties to this contract that Contractor’s warranty obligations hereunder will survive the termination of any contract executed under this IFB.

g. The vendor will provide warranty service free of any charge, including all necessary repairs, any shipping necessary to return the equipment or ship it to a repair site and removing or reinstalling the equipment when necessary. The vendor will repair any materials and parts that are defective in materials or workmanship. In the event repair is not possible, the vendor will either replace the equipment with new equipment of similar composition and price or refund the full purchase price of the equipment, whichever the Customer prefers.

h. After the Customer contacts the vendor’s authorized warranty service provider, the service representative will come to the Customer specified location and take any necessary action to correct problems covered by the warranty.

15. GLOSSARY

a. Award-The act of accepting an offer, thereby forming a contract between the State and a vendor.

b. Bid-An offer to contract with the State, submitted in response to an IFB.

c. 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.

d. Bidder’s List-A list of vendors that have expressed an interest in doing business with the State. See Centralized Master Bidders List (CMBL)

e. Bid Tabulation-The recording of bids and bid data submitted in response to an IFB. The bid tabulation is used for comparison, analysis, and record keeping.

f. Centralized Master Bidders List (CMBL)-An online directory, maintained by SPD, containing contact information and product categories of vendors registered to receive procurement opportunities from public entities.

g. Contract-A legally enforceable agreement between two or more parties.

h. Contract Term-The period of time during which the Contract will be effective from begin date to end, or renewal date. The Contract Term may or may not be the same as the budget period.

i. Due Date-Established deadline for submission of a document or deliverable.

j. Electronic State Business Daily (ESBD)-An online application, administered by SPD, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards.

k. Invitation for Bid (IFB)-A written solicitation requesting the submission of bids; also referred to as a bid invitation.

l. Opening Date-The date and time that bids are due in response to an IFB. Used interchangeably with the term “Closing Date.”

m. Solicitation-A document such as an IFB requesting bids from vendors to provide specified goods and services. The term also refers to the process of obtaining responses from vendors to provide specified goods and services.

n. Specifications-The “line item” descriptors within a solicitation that define the good or service that the vendor must offer to be considered for award.

o. State-The State of Texas.

p. Texas Bidder-For the preference to resolve tie bids, “Texas Bidder” means a business (1) incorporated in Texas, (2) that has its principal place of business in Texas, or (3) that has an established physical presence in Texas.

q. Texas Resident Bidder-For purposes of reciprocal preference law, “resident bidder” refers to a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

r. TWC-Texas Workforce Commission.

s. Vendor-A potential provider of goods or services.

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