ESBD_383088_1731945506089_644-24-062524- MCL- ESBD.pdf

INVITATION FOR BIDS

644-24-062524-MCL

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

IF NOT BIDDING, DO NOT RETURN THIS FORM

AGENCY TO INVOICE When BIDDING, each bid must be placed in a separate envelope with bid opening date and requisition number annotated immediately below return address on

SEALED BID ENVELOPE.

McLennan County State Juvenile Correctional Facility 116 Burleson Road Mart, Texas 76664 MCLinvoice@tjjd.texas.gov and connie.simon@tjjd.texas.gov Invoice will be paid after completion of project.

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE

Same as above

DELIVERY IN DAYS, CASH DISCOUNT % DAYS

Check below if preference claimed under Rule 1 TAC 113.8 Supplies, materials, equipment, or services produced in TX/ offered by TX bidders* Agricultural products produced or grown in TX Agricultural products and services offered by TX bidders* 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

BID OPENING

Date and Time:

December 3, 2024 at 3:00 P.M. CST

REQUISITION NO. 644-24-062524-MCL

Greenhouse Kits and Installation

► FAILURE TO SIGN WILL DISQUALIFY BID ◄

AUTHORIZED SIGNATURE DATE

* By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Resident Bidder as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter A, 111.2 (10).

IF BIDDING, RETURN SEALED BIDS TO:

tjjd-contracts-ebids@tjjd.texas.gov

Texas Juvenile Justice Department:

Vickie Griffin, CTCM, CTCD 512-490-7148

►VENDOR ADDRESS AND IDENTIFICATION NUMBER◄

The Payee ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If this number is not known, complete the following:

Enter Federal Employer's Identification Number or Sole owner should also enter Social Security Number

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.

mailto:MCLinvoice@tjjd.texas.gov mailto:connie.simon@tjjd.texas.gov mailto:tjjd-contracts-ebids@tjjd.texas.gov

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

CLASS

& ITEM DESCRIPTION QUANTITY UNIT

MAKE

/MODEL

UNIT

PRICE EXTENSION

1. 155.42

H. Description of Services:

This solicitation is to establish a contract for the purchase of two (2) greenhouses and the delivery, and the installation of both greenhouses. The Respondent shall provide greenhouse kits, arrange the delivery and installation at McLennan County State Juvenile Correctional Facility located at 116 Burleson Road, Mart, Texas, 76664.

The initial term of the contract begins on December 1, 2024 through March 30, 2025.

I. Greenhouse Structure Kits – for TJJD Youth Education purposes:

a. Respondent must indicate below the model of the item bid:

Model: __________________

(Example Model: Allied Educator Series, equal to or greater than)

J. Greenhouse structure kit without gas heater.

K. Greenhouse structure kit with gas heater.

L. Specifications for free standing Greenhouses:

a. Respondent shall install greenhouses on 2 designated locations identified as- Site 1: Greenhouse (no heater), Location far right end of main entrance, and Site 2: Greenhouse (with gas heater), Location behind the vocational building at the back left portion of the facility.

See Attachment 1- Pictures of sites

b. Both greenhouses will be identical with the exception of one greenhouse without a heater and the second greenhouse with a heater. The greenhouse to be located

Each

Each

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

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CLASS

& ITEM DESCRIPTION QUANTITY UNIT

MAKE

/MODEL

UNIT

PRICE EXTENSION

on Site 2 will have the green house with gas heater.

c. Galvanized Steel Frame 24 ft. Wide by 48 ft. Long, with 8 ft.

sidewalls.

d. Ventilation:

i. (2 each) - 36” slant wall Exhaust Fan 3/4hp – 110V

ii. (1each) – 39” Motorized Shutter for fresh air intake

iii. (1 each) – 4 x 15 ft. Evaporator Cooling System (includes sump pump and float valve)

iv. (1 each) – 4 x 15 ft. Automatic Wall Vent

e. Heating (this is applicable for one greenhouse only):

i. (1 each) – Gas Heater 150,000 BTU

ii. (2 each) – 18-inch Horizontal Air Flow Fans (HAF)

f. Doors:

i. (2 each) – 42 inches x 6 ft. – 6 ¾ inches Glass, Doors:

A.D.A. compliant, single swing, pre-hung doors with lever action lock and key.

g. Automatic Temperature Control:

i. (1 each) – Automatic Temperature Control – programmed for up 2 zones, with temperature setting in Day, Night and DIF stages. 2 cycle timers for irrigation misting.

h. Hanging Basket Rails:

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

CLASS

& ITEM DESCRIPTION QUANTITY UNIT

MAKE

/MODEL

UNIT

PRICE EXTENSION

i. (1 each) Hanging Basket Rail – include 6 runs running length of benches, totaling 36 feet long.

i. Shade Cloth:

i. (1 each) 25 ft x 4 ft (1175 square feet) Shade Cloth

j. Miscellaneous:

i. (1 each) must have Emergency Lighting

ii. (2 each) must have Exit Signs – one above each door

iii. (1 each) must have Fire Extinguisher – Multi-purpose dry chemical A-B-C rated 10lb.

k. Benches:

i. (10 each) – 4 ft. W x9 ft. L – 6-inch Portable Benches

l. Irrigation System

i. Mist irrigation plumbed above benches with 36 inches long misters spaced 4 ft. centers

ii. Fertilizer Injector

M. Modular Irrigation Controller

Note: Minimum of 55 PSI for proper operation irrigation system.

iv. Plumbing Spigots

N. Foundation:

Installers will pour cement and install post. Provide price for both options.

Option 1. Post in the ground, with cement poured around them.

Option 2. Pour cement perimeter footer for the whole perimeter of the greenhouse.

E. Building Requirements:

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

CLASS

& ITEM DESCRIPTION QUANTITY UNIT

MAKE

/MODEL

UNIT

PRICE EXTENSION

2.

3.

909.26

910-00

i. No local codes or drawings as long as it is a pre-engineered building,

ii. Respondent must provide specifications / drawings from the manufacturer.

iii. Respondent must provide any available warranties, minimum one (1) year on all parts.

F. Delivery of Greenhouse Kits by February 7, 2025 or sooner

a. Shipping Cost

i. Driver shall contact and coordinate delivery 24 hours in advance with the point of contact below:

ii. Installer will unload truck and receive, confirm, and verify deliveries.

G. Installation

To be completed by 03/15/2025 or sooner

i. Respondent must install unit(s) at the TJJD designated site and ensure complete installation of the equipment, including providing all cables, hoses, brackets, and accessories necessary for complete and safe installation, and connection to power. Unit(s) shall be fully operational upon completion of installation.

ii. Respondent shall provide all labor and material to erect greenhouses using experienced, professional greenhouse builders as well as according to manufacturer’s specifications.

iii. Pre-construction meeting will be required.

NA

NA

NA

NA

NA

NA

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

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iv. Installation: must be coordinated with TJJD project manager.

v. All vehicles, containers and equipment will be inspected when entering or leaving the secure facility.

vi. All respondent and sub-contractors’ staff will need to go through metal detector and be searched according to TJJD procedures.

vii. Maintain effective communication with designated TJJD staff in order to coordinate the delivery of products/materials, update progress of project,

viii. Walk through at project completion and regarding invoicing and project close out.

ix. All respondent and sub-contractors’ must follow all safety protocols.

O. Insurance Requirements:

The respondent must provide to TJJD, an executed ACCORD insurance.

Section 1: Respondent shall maintain liability insurance in the amount of $1,000,000.00 for each occurrence of negligence. The insurance must also cover injury to a youth that occurs when the youth is in Respondent’s care, custody, or control.

Section 2: Respondent shall provide the TJJD Contracts Department proof of insurance listing TJJD as an additional insured upon contract execution, upon insurance renewal if coverage expires during the contract term (including contract extensions, if any), and upon request.

Section 3: The required insurance coverage, in the above-stated amount, must be maintained during the term of this contract and through any subsequent extensions. Failure to maintain the required insurance coverage may result in termination of this contract or sanctions.

I. PERFORMANCE STANDARDS:

a. Acceptable Quality Level (AQL): The respondent recognizes that TJJD is

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

CLASS

& ITEM DESCRIPTION QUANTITY UNIT

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/MODEL

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paying respondent to deliver the services specified herein. Respondent is required to meet a minimum quality level to include at least a ninety-nine percent (99%) of security guard services. The AQL is defined as the level of service of the greenhouse kits and installation performance as required and as agreed upon in the contract. When minimum quality is not met then the contract payment may be withheld until corrective actions are taken. In addition, if service remains below the AQL without required correctives being taken, damages may be assessed.

b. In the event awarded respondent does not provide greenhouse kits and installation as per the requirements of the contract and it is caused by Respondent’s failure to provide these services for reasons within Respondent 's reasonable control and not as a result of any action or inaction of TJJD or any third party (including TJJD equipment and/or third-party equipment), Respondent will, upon TJJD's request, credit TJJD's account as needed.

Respondent will, upon TJJD’s request, comply with all corrective action plans that will be determined based upon the issue’s as they arise.

J. Background Check Respondent, as directed, shall provide information regarding persons providing installation services under the awarded contract/Purchase Order and personnel access for a criminal background check including, but not limited to, fingerprinting check, criminal records check, sex offender

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

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& ITEM DESCRIPTION QUANTITY UNIT

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/MODEL

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registration records check, and drug test.

Criminal background checks shall be conducted at TJJD’s expense and through TJJD or TJJD’s contract providers for each of the Awarded Respondent’s employees, agents, consultants, subcontractors, subcontractor’s employees, and volunteer workers. Any Awarded Respondent’s employee, agent, consultant, subcontractor, subcontractor’s employee, or volunteer worker who is unwilling to provide or who does not provide required information will not be allowed to work under this agreement. Any Awarded Respondent employee, agent, consultant, subcontractor, subcontractor’s employee, or volunteer worker shall not work under this agreement until the criminal background check is completed and approval is obtained from the Facility Human Resource Specialist.

K. TJJD will provide the following:

a. Will ensure worksite is prepped and ready for greenhouses to be installed.

b. Ensure any required utilities are available at the time of installation, i.e., electricity and water.

c. Provide a secure way for awarded respondent’s staff to enter and exit the facility each day project is underway.

d. Provide restroom facilities to awarded respondent staff.

e. Assist and consult with awarded respondent to ensure project is progressing appropriately.

f. Keep facility and education leadership updated on project’s progress.

g. Accompany awarded respondent on final walk through to ensure project meets expectation.

h. Flagging underground power/water/gas/drain lines.

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

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i. Provide finish grade site, free of weeds, trees and debris.

j. Provide awarded respondent staff with all safety protocols.

k. TJJD will be required to do criminal background checks of awarded respondent staff that will work under the Purchase Order.

TJJD’s designated contact for criminal background checks is the Facility Human Resource Specialist at 254-297-8222. TJJD has sole discretion to decide which persons working under the Purchase Order/Contract are required to submit to a criminal background check and which persons shall be excluded from TJJD facilities or other work under the Purchase Order/ Contract or subject to other security restrictions.

L. Invoicing Awarded Respondent will submit invoice, after service has been performed, to the TJJD Claims Department via email at MCLinvoice@tjjd.texas.gov and Connie.simon@tjjd.texas.gov.

Payment will be made within thirty (30) days from receipt of an invoice or correct and itemized invoice or billing statement.

M. Historically Underutilized Business TJJD’s promotes and encourages contracting and sub-contracting opportunities for State of Texas Historically Underutilized Businesses (HUBs). Successful Respondents are strongly encouraged to sub-contract with HUBs and may obtain assistance from TJJD to identify available HUBs, prior to, and after the award of any contracts from TJJD. TJJD and its contractors shall make a good faith effort to meet or exceed the statewide HUB participation goals set by the Texas Comptroller of Public Accounts (CPA). TJJD uses CPA policies regarding HUBs.

mailto:MCLinvoice@tjjd.texas.gov mailto:Connie.simon@tjjd.texas.gov

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

CLASS

& ITEM DESCRIPTION QUANTITY UNIT

MAKE

/MODEL

UNIT

PRICE EXTENSION

Respondent must state whether it is a Texas Certified Historically Underutilized Business (HUB). If yes, submit a copy of registration.

Respondent must submit a HUB Subcontracting Plan (HSP) and submit it with proposal to be considered responsive. The forms for completing the HSP are attached as Exhibit “A”. A proposal submitted in response to this solicitation that does not contain a HUB Subcontracting Plan, or if the plan submitted is determined not to be in good faith, will be considered non-responsive and be disqualified. The link to the CPA internet site for information regarding the HSP is:

https://comptroller.texas.gov/purchasing/v endor/hub/forms.php

Respondent must state its willingness to submit monthly compliance reports regarding its HSP.

It has been determined by TJJD that there are probable subcontracting opportunities in the scope of the work for this proposal/offer. Please fill out the HUB Subcontracting Plan forms and instructions, as part of Exhibit “A”.

TJJD has provided a Good Faith Effort of potential areas of subcontracting based upon the TJJD’s understanding of this procurement request. Respondents are not limited to the potential subcontracting areas listed below.

TJJD is relying upon the respondent’s expertise to also fully identify subcontracting opportunities that best align with their organization and this procurement request.

Respondents, who intend to subcontract, are responsible for identifying all areas that will be subcontracted and must perform a good faith effort process for each identified subcontracting area as required by the HUB Subcontracting Plan Form documents.

HUB subcontracting opportunities may be available in the following commodity

Class/Item Codes:

909-26, 910-00 https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

CLASS

& ITEM DESCRIPTION QUANTITY UNIT

MAKE

/MODEL

UNIT

PRICE EXTENSION

155-42

Attachment 1 – Pictures of sites Exhibit A – HUB Exhibit B – Federal Terms and Conditions Exhibit C – Federal Assurances

N. M. Contact Information:

The individuals listed below are the only authorized TJJD contacts. Contacting any other TJJD personnel regarding this solicitation, may result in the respondent being disqualified. Any changes as a result of questions will be made by TJJD in the form of an addendum to the solicitation; no oral changes will be considered.

For clarification or questions regarding this solicitation, Respondents shall email both the contract specialists listed below:

Primary Contract Specialist:

Name: Vickie Griffin, CTPM, CTCD EMAIL: Vickie.griffin@tjjd.texas.gocv

Phone: (512) 490-7148

Secondary Contract Specialist:

Name: Dorene Corsentino, CTPM, CTCD EMAIL: Dorene.Corsentino@tjjd.texas.gov Phone: (512) 490-7124

Electronic State Business Daily (ESBD)

This solicitation is posted on the ESBD.

It is the responsibility of the interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. The respondent’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting mailto:Vickie.griffin@tjjd.texas.gocv mailto:Dorene.Corsentino@tjjd.texas.gov

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

ITEM

NO.

CLASS

& ITEM DESCRIPTION QUANTITY UNIT

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/MODEL

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in additional costs to meet the requirements of the solicitation.

http://www.txsmartbuy.com/esbd

O. GENERAL FORMAT: The respondent must submit one signed and dated response to include the documentation required and email to:

TJJD-contracts-ebids@tjjd.Texas.Gov

i. The respondent shall not encrypt or password protect response or embed documents within the response; each section must be its own separate document.

ii. Response: Failure by the respondent to submit the documentation listed below will result in the response being considered non-responsive. The response submission must be submitted with each section named with the “Section #” and brief description not to exceed 30 total characters as a separate document in the following format:

P. Section 1 – Signed Invitation for BID (this document and see cover page 1)

Q. Respondent to record the required information under columns:

Make/Model, Unit Price and Extended Price

R. Exhibit A - HUB Subcontracting Plan

S. Exhibit B – Federal Terms and Conditions

T. Exhibit C – Federal Assurances

U. Addenda acknowledgement of Addenda – signed, if applicable.

V. Respondent Point of Contact:

Name:

Phone:

http://www.txsmartbuy.com/esbd mailto:TJJD-contracts-ebids@tjjd.Texas.Gov

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

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Email:

W. Respondent Verification of Federal Employer Identification Number:

*See bottom cover page of this IFB for Vendor Identification Number.

X. Schedule of Events

Solicitation Posting Date: November 18, Deadline for submission of questions:

November 22, 2024 at 5:00 p.m. Cst.

TJJD Response to Questions to be posted by: November 26, 2024

Bid Response Due Date: December 3, 2024 at 3:00 p.m. Cst.

Tentative Date for Contract Award:

December 16, 2024

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TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

1. BIDDING REQUIREMENTS;

1.1 Bidders must comply with all rules, regulations

and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

1.2 Bidder agrees to comply with all terms, conditions and specifications as contained in this solicitation.

1.3 Bidder guarantees product offered will meet or

exceed written specifications identified in this solicitation.

1.4 Bidders must price per unit shown. Unit prices

shall govern in the event of extension errors.

1.5 Bids should be submitted on this form. Bids

must be time stamped at location stated on the first page of the solicitation; on or before the hour and date specified for the bid opening.

1.6 Late and/or unsigned bids will not be

considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.7 Freight Charges & F.O.B. Point – All

quotes/bids shall be F.O.B. Destination, transportation prepaid and allowed (dock and/or store door delivery) unless special contract instructions direct or permit otherwise.

1.8 Bid prices are requested to be firm for TJJD

acceptance for 30 days from bid opening date.

"Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.9 Bidder should enter Payee ID Number, full

firm name and address of bidder on the face of this form (enter in the space provided).

Additionally, firm name should appear on each continuation page of the solicitation, in the block provided in the upper right hand corner.

1.10 Bid cannot be altered or amended after

opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the TJJD based on an acceptable written reason.

1.11 Purchases made for State use are exempt

from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

1.12 The State reserves the right to accept or reject

all or any part of this solicitation, waive minor technicalities and award the bid to best serve the interests of the State.

1.13 Consistent and continued tie bidding could

cause rejection of bids by the TJJD and/or investigation for antitrust violations.

1.14 The telephone number for FAX submission of

bids is not accepted. The State shall not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive bids will not be considered. Written confirmation is not required for faxed bids.

1.15 Inquiries pertaining to solicitations must

include the requisition number, class/item codes, and opening date.

1.16 Bid Preparation Expense – Any expense

related to the submission of a bid is the sole responsibility of the bidder. The state will not reimburse bidders for any cost related to bid preparation or submission.

2. SPECIFICATION:

2.1 Catalogs, brand names or manufacturer's

references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Texas Government Code, Title 10, Subtitle D, Section 2155.067. If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified offered, 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 bidder to furnish specified brand names, numbers, etc.

2.2 CONDITION OF PRODUCTS – All items bid

shall be new and unused, of current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation.

2.3 All electrical items must meet all applicable

OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

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 bidder, upon request, at bidder's expense. Each sample should be marked with bidder's name, address and requisition number. Do not enclose in or attach bid to sample.

2.5 The State will not be bound by any oral

statements or representation contrary to the written specifications of this solicitation.

2.6 Manufacturer's standard warranty shall apply

unless otherwise stated in this solicitation.

3. ACCESS TECHNOLOGY CLAUSE: The Awarded respondent expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments.

Accordingly, the Awarded respondent represents and warrants to the qualified ordering entity that the technology provided to the qualified ordering entity for purchase is capable, either by virtue of features included with the technology or because it is readily adaptable by use with other technology, of:

3.1 providing equivalent access for effective use by both visual and nonvisual means;

3.2 presenting information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and

3.3 being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this clause, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other means such as assistive devices or services that would constitute reasonable accommodations under the Federal Americans with Disabilities Act or similar state or federal laws.

Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays and customizable display appearance.

4. BID EVALUATION:

4.1 The State reserves the right to award on the basis of

a low line item, low total (group or groups) or in any combination that will best serve the interests of the State.

4.2 The State reserves the right to reject or accept all or

any part of a bid, waive minor technicalities and make an award in the best interest of the State.

5. TIE BIDS - Awards will be made in accordance with Rule 1 TAC Section 113.6 (b) (3) and 113.8 (Preferences).

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 bidder to deliver in 14 calendar days.

Unrealistic delivery promises may cause bid to be disregarded.

6.2 If delay is foreseen, respondent shall give written

notice to the appropriate ordering entity. Awarded respondent must keep the ordering agency advised at all times of status of order. Default promised delivery (without accepted reasons) or failure to meet specifications authorizes the TJJD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Awarded respondent.

6.3 No substitutions permitted without written approval of

TJJD.

6.4 Delivery shall be made during normal working hours

only, unless prior approval has been obtained from ordering agency.

6.5 IDENTIFICATION OF SHIPMENTS – In addition to

the complete destination address, each package must be clearly marked with the agency purchase order number as shown on the order. Each shipment must be accompanied by a packing slip referencing this information.

7. INSPECTION AND TESTS - All goods are subject to inspection and test by the Agency. Authorized TJJD personnel shall have access to supplier's place of business for the purpose of inspecting merchandise.

Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment.

All costs shall be borne by the Awarded respondent in the event products tested fail to meet or exceed all conditions and requirements of the specification.

Goods, which have been delivered and rejected in whole or in part may be, at the State’s option, returned to the Awarded respondent at Awarded respondent’s risk and expense or disposed of in accordance with TBPC rules or State statutes.

Latent defects may result in revocation of acceptance of any product.

8. ACCEPTANCE – Inspections shall occur when the merchandise is being unpacked, uncrated, etc. The merchandise shall be checked against the purchase order for damages, shortages and compliance with the order’s specifications. The agency shall inspect all shipments received against purchase order and report any discrepancies (allowance for concealed damages) to the Awarded respondent no later than 15 days from initial delivery. All deliveries shall be subject to further inspection prior to acceptance (e.g., concealed damages, shortages, etc.). A Awarded respondent may be required to pick up any merchandise not conforming to specifications and replace the merchandise immediately.

9. AWARD OF CONTRACT - A response to this solicitation is an offer to contract based upon the terms, conditions and specifications contained herein. Bids do not become contracts until they are

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

accepted through a signed Notice of Award, Purchase Order or Contract issued. The contract shall be governed, construed and interpreted under the laws of the State of Texas. Any legal actions must be filed in Travis County, Texas. Factors listed in Texas Government Code, Title 10, Subtitle D, Section 2155.074, 2155.144, 2156.007 and

2157.003 shall also be considered in making an award when specified.

10. DAMAGES FOR FAILURE TO PERFORM –

A Awarded respondent who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the agency and/or the State of Texas. If merchandise delivered under a contract has been used or consumed by the agency and on testing is found not to comply with specifications, no payment may be approved for such merchandise until the amount of actual damages incurred has been determined. A Awarded respondent who fails to pay such damages assessed by the agency/state may not be awarded additional contracts until such damages have been paid or the matter has been otherwise resolved.

11. PAYMENT - Invoices must be submitted in duplicate to the receiving entity and must indicate the Awarded respondent’s Texas Payee Identification Number. Invoice must show the receiving entity’s name, must correspond with the item(s) as numbered on the purchase order, shipment date of merchandise and applicable purchase order number and date of purchase order. The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice.

12. PROMPT PAYMENT - Terms of payment shall be in accordance with Chapter 2251 Texas Government Code.

13. PATENTS OR COPYRIGHTS - The Awarded respondent agrees to protect the State from claims involving infringement of patents or copyrights.

14. AWARDED RESPONDENT ASSIGNMENTS

- Awarded respondent hereby assigns to ordering agency any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), and the antitrust laws of the State of Texas, TEX. Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967).

15 BIDDER AFFIRMATION - Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

15.1 The bidder has not given, 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 in connection with the submitted bid.

15.2 Pursuant to 15 U.S. C. Sec. 1, et seq. And

Tex. Bus. & Comm. Code Sec. 15.01, et seq.

neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

15.3 Pursuant to Texas Government Code, Title 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation in the preparation of the specifications for this solicitation.

15.4 If applicable, pursuant to Texas Family Code, Title 5, Subtitle D, Section 231.006 (d), re: child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to Section 231.006 must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award.

15.5 Pursuant to Section 2155.004 Government Code, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

15.6 The Contractor shall defend, indemnify, and hold

harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this contract.

15.7 Bidder agrees that any payments due under this

contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

15.8 Bidder certifies that they are in compliance with

Texas Government Code, Title 6, Subtitle B, Section 669.003 relating to contracting with executive head of a state agency. If Section

669.003 applies, bidder will complete the following information in order for the bid to be evaluated:

Name of Former Executive:

Name of State Agency:

Date of separation from State Agency:

Position with Bidder:

Date of Employment with Bidder:

15.9 Bidder agrees to comply with Texas Government

Code 2252.901. Has the Bidder and/or any of his employees been employed by TJJD within the last 12 months? YES NO If yes, please complete the following:

Name of Former Employee:

Date of Separation from TJJD:

Date of Employment with Proposed Bidder:

Position with Proposed Bidder:

15.10 Bidder agrees to comply with Government Code

2155.4441, pertaining to service contract use of products produced in the State of Texas.

16. NOTE TO BIDDER - Any terms and conditions attached to a bid will not be considered unless specifically referred to on this bid form and may result in disqualification of the bid.

17. DISPUTE RESOLUTION – The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, by the Texas Juvenile Justice Department and the Contractor to attempt to resolve any claim for breach of contract made by the contractor. The submission, processing and resolution of the contractor’s claim is governed by the published rules adopted by the Texas Juvenile Justice Department pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

18. FUNDING OUT CLAUSE – Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature.

19. ADDITION/DELETION – Amendments may be made for additions and/or deletions of goods or services under the same terms and conditions of this order.

20. AUTHORIZED RELIEF FROM PERFORMANCE

(Force Majeure) – The agency may grant relief from performance of the contract if the contractor is prevented from compliance and performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the contractor. The burden of proof for the need of such relief shall rest upon the contractor. To obtain release based on Force Majeure, the contractor must file a written request with the ordering agency.

21. SUBCONTRACTING PROGRAM (HUBs) – Good Faith Effort – State agencies are required to make a good faith effort to assist Historically Underutilized Businesses (HUBs) in receiving contract awards issued by the State, see Tex. Gov’t Code Ann. Title 10, Subtitle D, Chapter 2161. The goal of the program is to promote fair and competitive business opportunities for all businesses contracting with the State of Texas.

22. RECYCLED / REMANUFACTURED /

ENVIRONMENTALLY SENSITIVE PRODUCTS –

Texas state law requires that a purchasing preference be given to any product made from recycled material if the product meets written specifications as to quality and quantity. If a product bid contains recycled material, please identify the item number and report the percent of all recycled material in the product and the percent of post-consumer material used in the product. “Post-consumer” means material that has been recycled after sale to a consumer as opposed to reuse of manufacturing waste material prior to sale. In addition, identify any products that meet the criteria of “environmentally sensitive.”

23. MATERIAL SAFETY DATA SHEETS – A Awarded respondent must provide, at no cost, at least one copy of any applicable Manufacturer’s Material Safety Data Sheets (MSDS). If OSHA or Federal or State laws provide for additional requirements, those requirements are in addition to the MSDS requirement.

24. Information, documentation and other material in connection with the solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”.)

25. Awarded respondent understands that it and its subcontractors by accepting funds directly or indirectly under this contract are subject to the authority of the State Auditor or its successor entity to conduct audits or investigations pursuant to Chapter 2262 of the Texas Government Code. Awarded respondent shall include a clause in its subcontracts providing that its subcontractors are subject to the authority of the State Auditor or its successor entity to conduct audits or investigations. Under the direction of the legislative audit committee, a Awarded respondent that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Failure to cooperate

TEXAS

JUVENILE JUSTICE

DEPARTMENT

BSD-808 (2/12)

with the State Auditor may subject Awarded respondent to criminal penalties.

Intentionally Left Blank

Attachment 1 Side 1

Site 1 location

Site 1 - Electricity Supply at building

Site 1 - Water hook up

Site 1 - Location of the building. Site 1

Site 1 - Arial View

Site 2

Electrical from previous building

Water line

Gas pipe

Arial View

Rev. 2/17

HUB Subcontracting Plan (HSP)

QUICK CHECKLIST

While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.

If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.

Section 2 c. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), complete:

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 - Affirmation

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

EXHIBIT A

HUB Subcontracting Plan (HSP)

In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).

NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).

The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - -

Respondent (Company) Name:

Point of Contact:

State of Texas VID #:

Bid Open Date:

SECTION 1: RESPONDENT AND REQUISITION INFORMATION

(mm/dd/yyyy)

- Yes - No a.

b.

c.

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only the aggregate percentage of the contracts expected to be subcontracted to HUBs with which the respondent does not have a continuous contract* in place for more than five (5) years shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.

E-mail Address:

Is your company a State of Texas certified HUB?

Requisition #:

Phone #:

Fax #:

EXHIBIT A

- Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to Item d, of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)

Non-HUBs

HUBs

Enter your company’s name here: Requisition #:

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS

After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including contracted staffing, goods and services will be subcontracted. Note: In accordance with 34 TAC §20.282, a “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.

a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:

b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description Percentage of the contract expected to be subcontracted to

HUBs with which you do not have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to non-HUBs.

1 %

6 %

11 %

Aggregate percentages of the contract expected to be subcontracted:

(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.

d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you do not have a continuous contract* in place with for more than five (5) years, meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements.”

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

- No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources, including employees, goods and services. (If No, continue to SECTION 3 and SECTION 4.)

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS (CONTINUATION SHEET)

This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description

HUBs Non-HUBs

16 % % %

Aggregate percentages of the contract expected to be subcontracted:

HSP – SECTION 2

(Continuation Sheet)

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same…