ESBD_393322_1738087461800_RFP 306-25-0277 Mailer Bags and Envelopes.pdf

REQUEST FOR PROPOSAL

RFP # 306-25-0277

Talking Book Program Mailer Bags and Envelopes

NIGP Class/Items: 085-20, 085-30, 085-80

Schedule of Events

Solicitation Posted Date: 01/28/2025 Vendor Questions Due: 02/11/2025; 5:00 PM CT

Answers Posted to ESBD: 02/12/2025 Response Due Date: 2/25/2025; 2:00 PM CT

Expected Contract Award Date: March 2025

Purchasing Department, Room # 309 1201 Brazos Street Austin, TX 78701

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to the solicitation 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 in additional costs to meet the requirements of the solicitation.

Texas State Library and Archives Commission RFP # 306-25-0277 Talking Book Program Mailer Bags and Envelopes

Table of Contents Section I

General Information 1 Introduction 2 Background 3 Prohibited Communication 4 Solicitation Method and Intent 5 Contract Term 6 Estimated Quantities 7 Adding New Products/Services to Contract After Award 8 Price Adjustments 9 Modification of Contract Terms and/or Amendments 10 Definitions 11 Additional Terms and Conditions

Section II Statement of Work and Specifications

1 Requested Products and/or Services Specifications 2 Product Requirements 3 Delivery and Acceptance 4 Contractor Responsibilities 5 TSLAC Responsibilities 6 Qualifications and Experience 7 Contract Monitoring 8 Invoice and Payment

Section III Response Instructions

1 Schedule of Events 2 Samples 3 Inquiries 4 Response Submission 5 Response Content and Requirements 6 Texas Public Information Act 7 Evaluation and Award

Section IV General Terms and Conditions Library Services and Technology Act (LSTA) Terms and Conditions

Appendix A

Solicitation Coversheet Appendix B

Company Profile Company References

Appendix C Cost Worksheet

1 Initial Order Pricing 2 Discounts Offered 3 Delivery Terms 4 Mailing Bag/Envelope Features or Options 5 Order Submission 6 Early Payment Discount

Appendix D Confidential Information Form

Appendix E Terms and Conditions Exceptions

Attachment 1 TSLAC Logo and Verbiage

Attachment 2 Response Checklist

SECTION I

GENERAL INFORMATION

1 Introduction

The Texas State Library and Archives Commission (TSLAC) is soliciting bids to procure reusable mailing bags and envelopes for the Talking Book Program (TBP). These items will be used to mail educational and accessible materials to TBP patrons and return those materials to the agency. The contract encompasses various sizes and specifications for the requested products, as detailed in Section II of this solicitation.

The goods shall be delivered to the Talking Book Program (TBP) Division at TSLAC Headquarters, located at 1201 Brazos Street, Austin, TX 78701.

2 Background

2.1. TSLAC Background:

The Texas State Library and Archives Commission (TSLAC), authorized by Texas Government Code, Chapter 441, offers a range of reading and literacy promotion programs to residents across Texas. One of its key initiatives is the Talking Book Program (TBP), which provides free digital audiobooks, braille and large-print materials, and accessible games to individuals with visual, physical, or reading disabilities.

Eligible Texans of all ages can access these library services directly at home via the United States Postal Service (USPS).

With an extensive collection of books, magazines, and games in accessible formats, the Talking Book Program is a vital resource that enriches the lives of Texans with disabilities. This procurement will assist in providing reusable courier bags that will allow the agency to protect the materials and items mailed to the patron.

3 Prohibited Communication

3.1. Contact: All requests, questions, and other communications about this solicitation shall be made in writing through the e- Procurement portal or to TSLAC’s Purchasing Department, addressed to the following assigned Purchasing Team Member:

Primary Contact: Fred Huber, Procurement Specialist Texas State Library and Archives Commission Attn: Purchasing Department, Room #309 1201 Brazos Street Austin, TX 78701 Email: fhuber@tsl.texas.gov Phone: 512/936-2774

Secondary Contact: Email: purchasing@tsl.texas.gov Phone: 512/463-5487

3.1. Prohibited Communications: Upon posting of this solicitation, TSLAC, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondents or their representative(s), except for the written inquiries described in Section III, Subsection 3. Respondents or their representatives may not ask questions about the solicitation by phone or in person and any such attempts will not be recognized as valid inquiries.

Failure to observe this restriction may disqualify any subsequent response to this solicitation. Respondents may rely only on written statements from TSLAC’s Purchasing Team. This restriction does not prevent affected parties from discussing business-related matters unrelated to this solicitation.

4 Solicitation Method and Intent

4.1. The Request for Proposal (RFP) solicitation invites qualified respondents to submit a written proposal addressing the requirements of this solicitation, including qualifications, experience, approach, and other factors necessary to provide the mailto:fhuber@tsl.texas.gov mailto:purchasing@tsl.texas.gov specified products and/or services. TSLAC will review, compare, and evaluate responses based on the criteria and weighting specified in this solicitation.

4.2. TSLAC intends to identify one qualified vendor and award one contract for the products and/or services included in this solicitation based on the response(s) that presents the best value and best meets the business needs of TSLAC.

4.3. TSLAC reserves the right to conduct a price analysis of the cost worksheet. Analysis will be conducted on required items within the cost worksheet.

4.4. TSLAC reserves the right to make an award on the basis of low line-item bid, low total of line items, or any other combination that will service the best interest of the State, and to reject any and all bid items at its sole discretion. TSLAC also reserves the right to accept or reject all or any part of any bid, waive minor technicalities, and award the bid to best serve the interests of the State.

4.5. TSLAC reserves the right to add or delete products and/or services from awarded contracts during the contract period without re-solicitation as new technologies emerge, or the business needs of TSLAC change. The additions or deletions will be mutually agreed upon with a written amendment to the contract.

5 Contract Term

5.1. Initial Contract Term: The initial contract term shall commence upon contract execution or as otherwise indicated in the intent to award notice and continue through August 31, 2025, unless sooner terminated under the terms of this contract.

5.2. Contract Renewals: The contract may be renewed for an additional three (3) one-year periods, provided both parties agree in writing to do so, prior to the expiration date. Any renewals shall be at the same terms and conditions, plus any approved changes.

5.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of a solicitation shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TSLAC may, with the written consent of the awarded Contractor(s), extend the contract for a period of time as may be necessary to permit TSLAC continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

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

5.5. Amendments: The contract may be amended in writing by mutual consent of the parties.

6 Estimated Quantities

6.1. Estimated Quantities: Quantities specified in this contract are estimates only. TSLAC does not guarantee any minimum or maximum quantity of products/services or allocate any specific dollar amount on any contract that may result from this solicitation. TSLAC reserves the right to increase or decrease quantities of products and/or services, as needed, for the same price. TSLAC will only pay for products/services provided within the contract term.

6.2. Varying Factors: The quantity of units needed to fulfill service may vary from year to year or contract term, making it difficult to predict future quantities.

7 Adding New Products/Services to Contract After Award

Where found to be in the best interest of TSLAC, the resulting contract may be amended in writing to provide additional products or services. Provided that such additional products or services are used to serve the original scope and intent of the solicitation.

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract and that are not already on the contract may be added. TSLAC will send the Contractor a formal written request for a quote on the proposed additional products/services.

The TSLAC Purchasing Department will prepare written amendment for additional products/services. The Contractor will NOT provide additional products or services without a fully executed amendment to the contract.

8 Price Adjustments

8.1. Extension Period Pricing: A price escalation may be allowed for requested products throughout the contract term provided the Contractor follows the appropriate U.S. Bureau of Labor Statistics Producer Price Index (PPI) https://www.bls.gov/ppi/. Products quoted and offered above the PPI will be denied by TSLAC. TSLAC accepts the price escalation upon dispatch of the Purchase Order (PO) and vendor acceptance of the PO.

8.2. Price Decreases: Price decreases or promotional discounts will be allowed anytime during the contract term. The Contractor shall apply price decreases as soon as practicable following their determination. Any price reductions passed on to other customers shall be offered at the same ratio as TSLAC. The Contractor’s failure to promptly notify TSLAC of such industry-wide price reductions may constitute a breach of contract, and the contract may be terminated. TSLAC reserves the right to award any terminated contract to the next lowest responsive respondent or re-solicit, whichever is in TSLAC’s best interest.

9 Modification of Contract Terms and/or Amendments

9.1. The terms and conditions of the contract shall govern all transactions under the Contract.

9.2. The Contract may only be modified or amended upon mutual written agreement of the Texas State Library and Archives Commission and the Contractor.

9.3. Additional terms and conditions may be incorporated into this Contract provided that the additional term(s) or condition(s) do not conflict with any provision of the Contract. No additional term or condition may conflict with or diminish a term or condition of the Contract. Any additional terms or conditions agreed to by TSLAC and the Contractor will be included as an appendix to the Contract. In the event of a conflict between the Contract and the Contractor’s terms and conditions, the TSLAC Contract terms and conditions shall control.

10 Definitions

Term Definition Agency Refers to the Texas State Library and Archives Commission; an agency of the State of Texas Best and Final Offer (BAFO) A revised final bid or proposal submitted after all clarifications, discussions, and negotiations with the agency.

Central Time Either Central Standard Time or Central Daylight Time, whichever is occurring in Austin, TX Contractor Refers to the Awarded Vendor resulting from this solicitation; Vendor and Contractor may be used interchangeably Denier Refers to a unit of measurement used to determine the fabric thickness of individual tape or yarn ESBD Refers to the Electronic State Business Daily; the website used to post solicitation opportunities and contract awards by Texas State Agencies Participating Institutions Eligible libraries, state agencies, or state universities specified in this solicitation may use the product or service requested PDF Portable Document Format, a file format developed by Adobe that provides an electronic image of text or text and graphics that looks like a printed document and can be viewed, printed, and electronically transmitted

PO Acronym for purchase order PPI Acronym for Producer Price Index, which the U.S. Bureau of Labor Statistics maintains.

https://www.bls.gov/ppi/; This index will be used to confirm price escalations of products purchased under this agreement

Request for Proposal (RFP) Formal solicitation method that requests proposals from eligible vendors Respondent Refers to an individual, company, or organization that submits a bid response Response Refers to the formal proposal in response to this solicitation Start-Up Business A business established within the previous two years and/or that cannot demonstrate relevant business experience State Refers to the State of Texas and any state agency identified herein Subcontractor A person who contracts with a vendor to work or contribute toward completing work for a governmental entity; as defined by Texas Government Code 2251.001 https://www.bls.gov/ppi/ https://www.bls.gov/ppi/

Term Definition TBP Acronym for Talking Book Program Trim Refers to the stitching used in the interior and exterior of the bag; this should be used to provide crisp corners on the bag or envelope, which in turn allows the bag to be durable and reinforce strength when used

TSLAC Acronym for the Texas State Library and Archives Commission

11 Additional Terms and Conditions

These terms and conditions apply to the solicitation:

11.1. Terms and Conditions Attached to Response – Any terms and conditions attached to a Response will not be considered unless specifically referred to and incorporated into the Response.

11.2. Texas Bidder Affirmation – Respondent certifies that if a Texas address is shown as the address of the respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

11.3. Vendor Representations - References to the “representations” of contractor include without limitation all representations, warranties, guarantees, certifications, and affirmations of contractor when submitting a response to this solicitation. By submitting a response, the contractor makes all of the representations included in the solicitation and agrees that all representations are material, true, and correct. Respondent acknowledges that TSLAC relies upon Respondent’s representations when awarding a contract. The Contractor must promptly notify TSLAC if any representations are no longer true or correct. If the Contractor does not promptly notify TSLAC as provided under this section, TSLAC will pursue all available remedies under this contract, including contract termination.

11.4. Executive Order GA-48 - Respondent certifies that neither it, nor its holding companies or subsidiaries, is:

(a) Listed in Section 889 of the 2019 National Defense Authorization Act;

(b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or

(c) Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4; or

(d) Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4.

SECTION II

STATEMENT OF WORK AND SPECIFICATIONS

1 Requested Products and/or Services Specifications

The Contractor shall provide the following products and/or services:

1.1. Mailing Bag Required Specifications:

1.1.1. Reusable, vinyl-coated, expandable bag

1.1.2. Nylon and/or Polyester or similar materials

1.1.3. Minimum 70 denier

1.1.4. Water resistant

1.1.5. Wear-resistant

1.1.6. Moisture-proof inner liner

1.1.7. Zippered top

1.1.8. Gusseted sides

1.1.9. Clear window measuring 3 1/2” x 5 1/2” for mailing card

1.1.10. TSLAC Logo custom printed on the top left corner exterior of the bag (Refer to Attachment 1)

1.1.11. TSLAC return address and “Free matter for the blind or handicapped” custom printed on the top right corner exterior of the bag; placement must be compliant with US Postal Office standards (See link for postage requirements:

https://about.usps.com/publications/pub347/pub347_v03_revision_102015.htm)

1.2. Mailing Bags Estimated Quantities and Sizes

The Respondent may offer bags with and without reinforcement lining in their response. Preferred options are listed below, but the award will be based on available funds from the vendor’s offered pricing.

Line Item Item Description Quantity Preferred Option

1.2.1. 11” x 14” x 3” 100 Reinforcement lined

1.2.2. 16” x 22” x 6” 25 Reinforcement lined

1.2.3. 14” x 18” x 4” 75 Reinforcement lined

1.3. Mailing Envelope Required Specifications:

1.3.1. Reusable, vinyl-coated, expandable envelope

1.3.2. Nylon and or Polyester or similar materials

1.3.3. Minimum 70 denier

1.3.4. Water resistant

1.3.5. Wear-resistant

1.3.6. Moisture-proof inner liner

1.3.7. Zippered top

1.3.8. Clear window measuring 3 1/2” x 5 1/2” for mailing card

1.3.9. TSLAC Logo custom printed on the right top corner exterior of the bag (Attachment 1) https://about.usps.com/publications/pub347/pub347_v03_revision_102015.htm

1.3.10. TSLAC return address and “Free matter for the blind or handicapped” custom printed on the top left corner exterior of the bag; placement must be compliant with US Postal Office standards (See link for postage requirements: (See link for requirements:

https://about.usps.com/publications/pub347/pub347_v03_revision_102015.htm)

1.3.11. Must meet any United States Postal Service (USPS) requirements

1.4. Mailing Envelope Estimated Quantities and Sizes

Note that the Respondent may offer envelopes with and without reinforcement lining in their response. Preferred options are listed below, but the award will be based on available funds from the vendor’s offered pricing.

Line Item Item Description Quantity Preferred Option

1.4.1. 8” x 12” 100 Reinforcement lined

1.4.2. 11” x 14” 100 Reinforcement lined

1.5. Mailing Bag/Envelope Options:

The Respondent is expected to include these features in their response. TSLAC will review and consider each option that might provide the best value to the agency and for patron use.

1.5.1. Available bag colors

1.5.2. Available trim options

1.5.3. TSLAC Logo placement

1.5.4. Available reinforcement lining offerings

2 Product Requirements

2.1. Product Quality: The Contractor warrants that the proposed products will perform satisfactorily and should not require additional material or features.

2.2. Condition of Product: New products ONLY. No re-manufactured or “gray market” items. The manufacturer’s warranty must cover all items. The unit shall be made ready for continuous operation upon delivery. The Respondent is cautioned that any unit delivered to the FOB location that does not meet the specifications in every aspect will not be accepted.

2.3. All Accessories: The Contractor shall furnish all needed accessories not specifically mentioned for the product to be complete and ready for operation or normally furnished as standard accessories. All accessories shall conform in strength, quality, and workmanship to the accepted industry standards.

2.4. Warranty: The product shall be covered by the standard manufacturer’s warranty. Warranty details shall be provided with the delivered product(s). Warranty details must include information on the coverage of parts, labor, response times, replacement terms, and other services offered. The warranty period should be specified and will not begin until the product has been delivered, inspected, and accepted by TSLAC.

3 Delivery and Acceptance

3.1. Delivery Location: Products will be delivered to 4400 Shoal Creek Blvd, Austin, TX 78756. TSLAC may request delivery to a different TSLAC location if additional quantities are ordered later in the contract term.

3.2. Freight Charges: Shipping shall be Free on Board (FOB) Destination; therefore, unit prices must include all shipping, handling, fuel surcharges, and delivery fees.

3.3. Delivery Schedule: Delivery shall not exceed sixty (60) calendar days from the award date.

3.4. Delivery Delays: If a delay is foreseen, the Contractor shall give written notice to TSLAC and must keep TSLAC advised at all times of the order's status. Default in promised delivery days after receipt of the order (ARO) without acceptable reasons or failure to meet specifications authorizes TSLAC to purchase goods and/or services of this contract elsewhere https://about.usps.com/publications/pub347/pub347_v03_revision_102015.htm and cancel the delayed order without penalty. TSLAC may charge the Contractor any increased costs for the new procurement, including the cost of re-soliciting.

3.5. Compliant Products: Satisfactory delivery does not occur until the Contractor delivers products, materials, or services in full compliance with the specification to TSLAC’s FOB Destination unless delivery is specifically accepted, in whole or in part, by TSLAC. Providing products, materials, or services which do not meet all specification requirements does not constitute satisfactory delivery. TSLAC reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.

3.6. Acceptance: All equipment or products ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than five (5) business days. The Contractor will be notified within this time frame of any received products that do not meet full compliance with the specifications.

4 Contractor Responsibilities

The Contractor shall:

4.1. Produce layout and design using TSLAC-provided artwork and verbiage. This process is expected to be completed 21 calendar days after award of the contract. Written approval from TSLAC on the design is required prior to fabrication.

4.2. Provide a minimum of one sample fabrication for the Mailing Bag and the Mailing Envelope.

4.3. Agree to conduct all its services under the awarded contract by and through appropriate communication with TSLAC. No work or other services shall begin by the Contractor except with the prior written authorization of TSLAC. The Contractor understands and agrees that work and other services performed without prior authorization of TSLAC are considered outside of the scope of the contract and shall be performed exclusively at the Contractor’s risk. The Contractor will not be compensated for unauthorized work outside the contract's scope.

4.4. Provide services in accordance with the requirements specified herein and the resulting contract(s) and adhere to the TSLAC General Terms and Conditions and any federal terms and conditions, if attached.

4.5. Shall provide labor, materials, and equipment necessary to meet the specified services' requirements throughout the contract term.

4.6. Be responsible for all costs incurred in the performance of the contract.

4.7. Comply with all laws, ordinances, statutes, and regulations pertaining to the services required herein.

5 TSLAC Responsibilities

The TSLAC will:

5.1. Provide Logo file and text for the design.

5.2. Provide written approval of the bag and/or envelope design.

5.3. Provide prompt response for any bag or envelope options needed to create the final design provided by the Contractor.

5.4. Designate a TSLAC Project Manager and point of contact who will monitor the contract upon contract award.

5.5. Not furnish materials, labor, equipment, or facilities unless specified in this solicitation or the resulting contract.

6 Qualifications and Experience

Respondent shall meet the following minimum qualifications and experience to be eligible for consideration.

6.1. Minimum Qualifications

6.1.1. Respondent shall be in the business of designing and providing reusable mailing bags and envelopes with logos, with at least two (2) years of experience providing and performing services similar in size and scope to the services specified within this solicitation.

6.1.2. Respondent shall have available the necessary qualified personnel, skills, organization and facilities, equipment, and supplies to fulfill the requirements under this solicitation and any resulting contract.

6.1.3. Respondent shall be in good financial standing. TSLAC reserves the right to request a copy of the respondent’s audited or unaudited financial statements.

6.2. Assigned Key Personnel

Respondents shall provide the following key personnel:

6.2.1. Design Manager

6.2.2. Account Manager

6.3. Company References

Respondent must provide a minimum of three (3) references for projects completed by the company within the last two

(2) years that are similar in scope. Respondent must complete the form provided in Appendix B or provide a reasonable facsimile.

All requested information is required. The Respondent may not use TSLAC staff as a reference.

7 Contract Monitoring

TSLAC will maintain an ongoing review and status check of the Contractor’s progress toward service completion and will certify whether the Contractor’s invoices are reasonably comparable with the work completed. Payment(s) will not be made until all products and work have been reviewed and accepted by TSLAC.

Administration of the contract is a joint responsibility of the TSLAC Talking Book Program (TBP) Division and the TSLAC Purchasing Team. The TSLAC Purchasing Team administers the contractual business relationship with the Contractor. Upon contract issuance, TSLAC will designate an individual who will serve as the project manager and point of contact between the agency and the Contractor. The project manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way, or waive strict performance of the terms and conditions of the contract. This individual’s project management and contract administration responsibilities include, but are not limited to:

7.1. Monitoring the Contractor’s progress and performance and ensuring services conform to established specification requirements.

7.2. Managing the financial aspects of the contract, including approval of payments.

7.3. Meeting with the Contractor to schedule service.

7.4. Review progress, discuss problems, and consider necessary action as needed throughout the term of the contract.

7.5. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

7.6. Submitting the Vendor Performance Report for contracts with an overall value of $25,000 or more to the CPA’s Vendor Performance Tracking System (VPTS). http://www.txsmartbuy.com/vpts

7.7. Other areas as identified in the State of Texas Procurement and Contract Management Guide, current edition.

8 Invoice and Payment

The following procedures apply to invoicing and payment. Payments will be processed per the Texas Prompt Payment Act and will exclude sales tax. More information is provided in the General Terms and Conditions (Section IV).

8.1. Contractor to submit invoices to:

Texas State Library and Archives Commission Attn: Accounts Payable PO Box 12516 Austin, Texas 78711 Phone: (512) 463-5471 http://www.txsmartbuy.com/vpts or e-mail: AP@tsl.texas.gov

8.2. Invoice must include:

8.2.1. Name of Contractor, Texas Identification Number, and correct “Remit to” address

8.2.2. Name of State Agency (Receiving entity)

8.2.3. Contract/Purchase Order Number

8.2.4. Description of services and service period

8.2.5. Quantity, Unit, Price; All prices should be extended on the invoice

8.2.6. Total price

8.2.7. Discount, if applicable, extended and deducted to arrive at the Net Total for invoice

8.2.8. Attach supporting documentation, if required

8.3. Billing Details

The Contractor must be able to provide the following details on their invoice(s). Failure to provide the requested level of detail on the invoice will delay payment or non-payment.

8.3.1. Each item type, size, and quantities delivered

8.4. Payment Schedule:

8.4.1. The Contractor will be paid for commodities delivered and services performed as invoiced. If the parties agree to another payment mechanism, the Contractor will be paid in accordance with the agreement approved by the parties.

8.4.2. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of products and/or services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee per the Texas Prompt Payment Law.

8.4.3. Payments for product(s) and services purchased with state-appropriated funds will be made through state warrants issued by the Texas Comptroller of Public Accounts. Qualified ordering entities will be paid through the entities local payment system.

mailto:AP@tsl.texas.gov

SECTION III

RESPONSE INSTRUCTIONS

1 Schedule of Events

TSLAC intends to proceed according to the following schedule. These dates represent a tentative schedule of events and TSLAC reserves the right to change the dates. TSLAC will notify prospective Respondents of changes to the Schedule of Events by posting an Addendum on the ESBD.

Event Date/Time Solicitation Posted Date: 01/28/2025 Vendor Questions Due: 01/11/2025; 5:00 PM CT

Answers Posted to ESBD: 01/12/2025 Response Due Date: 2/25/2025; 2:00 PM CT

Expected Contract Award Date: March 2025

Interested Respondents are responsible for checking the ESBD for all updates and changes to the Schedule of Events.

TSLAC is closed on the following dates and will not be available: https://www.tsl.texas.gov/holiday-closings. Refer to the agency calendar for more details on agency closures.

2 Samples

Upon initial evaluation, Respondents within the competitive range will be expected to provide a sample of each offered product listed in their response. TSLAC will contact those selected Respondents and request samples to be shipped no later than 5 business days after the request.

2.1. The package must include a tracking number and the tracking number must be emailed to the Purchasing Contact listed in Section I, Subsection 3.

2.2. The package must include a packing slip with the Respondent's name so the samples may be matched with the submitted online response.

2.3. Samples must be shipped to:

Texas State Library and Archives Commission Attn: Purchasing Department 1201 Brazos Street, Room # 309 Austin, TX 78701

The package should be marked clearly with “Samples for RFP # 306-25-0277.”

2.4. TSLAC will keep the samples with the solicitation records. A Respondent may send a written request in the package to return the samples. If requested, the Respondent must provide a pre-paid shipping label in the package so that the samples can be returned upon completion of evaluation.

2.5. Samples received without an online response or vice versa will be disqualified from further evaluation.

3 Inquiries

3.1. Clarifications: All questions or requests for clarification of this solicitation must be submitted in writing through the e-procurement portal or to the assigned TSLAC Purchaser’s e-mail. Questions will be collected by the due date specified in Section III, Subsection 1. Questions should be submitted in the following format:

3.1.1. For emailed questions: the subject line must state “Questions concerning Solicitation # 306-25-0277”

3.1.2. Reference the Section number, Subsection number, and page number on the solicitation https://www.tsl.texas.gov/holiday-closings

3.1.3. Question

3.2. Deadline: Questions must be submitted no later than the date and time listed in Section III, Subsection 1 above.

3.3. Answers to Questions: TSLAC will post all questions and answers as an Addendum to the solicitation on the ESBD no later than the date listed in Section III, Subsection 1 above. The Respondent is responsible for viewing these questions and answers; TSLAC is not required to send a notification email when the Addendum is posted.

4 Response Submission

TSLAC has an e-Procurement Portal that will accept submission of the electronic response to this solicitation.

4.1. Submission Instructions:

4.1.1. Respondent shall upload response content using the TSLAC e-Procurement Portal. The link is found at:

https://tsl.bonfirehub.com/portal/?tab=openOpportunities

4.1.2. VENDOR REGISTRATION REQUIRED: Prior to submitting your response, Respondents must register in the e-Procurement Portal. Registration is free and easy. Using this link (https://tsl.bonfirehub.com/portal/?tab=login) under the New Vendor Registration section, click on the “Create your free Bonfire account.” Registration will allow Respondents to submit their responses to this solicitation.

(A) When registering, have your Texas Vendor ID number, DUNS, and W-9 form ready.

(B) If the Texas ID number is unknown, enter the Federal Employer Identification Number.

4.1.3. Respondents can modify their submissions until the Response Due Date in the e-Procurement Portal.

4.1.4. Emailed, telephone, or faxed Responses will not be considered.

4.1.5. Interested Respondents are encouraged to register in advance and submit their intent to bid notification (if requested) on the e-Procurement Portal.

4.2. Submission Support:

4.2.1. The TSLAC e-Procurement Portal is compatible with the following browsers: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Browser cookies and Javascript must be enabled on the browser.

Submission by other methods will not be accepted.

4.2.2. Respondents should contact Bonfire at support@gobonfire.com for technical submission questions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

4.2.3. Support through Bonfire or TSLAC is not guaranteed one hour prior to the submission due date. Interested Respondents are encouraged to begin the submission process one week before the bid due date. This allows time to troubleshoot any submission issues.

5 Response Content and Requirements

Below is a summary of the required and requested information for the Proposal (Response). Responses submitted without this information will be evaluated accordingly. TSLAC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State.

5.1. General Response Format:

5.1.1. The maximum upload file size is 1000 MB. Documents should not be embedded within the uploaded files, as the embedded files will not be accessible or evaluated.

5.1.2. Response Checklist – Respondents should use Attachment 2 as a tool to ensure that all content is formatted appropriately for submission; the Response must address all criteria listed in Response Checklist.

5.2. Required Response Content:

https://tsl.bonfirehub.com/portal/?tab=openOpportunities https://tsl.bonfirehub.com/portal/?tab=login mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc

Respondent MUST include the following documents and information in their Response submission. Failure to submit the listed documents in the Response will result in disqualification.

5.2.1. Solicitation Coversheet – Include completed, signed, and dated Appendix A. Respondents must enter their Texas Identification Number (TINS), full company name and address. This document must be signed to be considered a valid bid. Unsigned solicitation coversheets will result in disqualification of the Response.

5.2.2. Confidential Information Form – Include completed Appendix D if the Response contains confidential information as specified in Section III, Subsection 5 of this solicitation. If confidential information is not included within the Response, the form must be submitted and marked “N/A” or left blank.

5.2.3. Terms and Conditions Exceptions – Include Appendix E with the Response; If the Respondent takes any exception to any terms and conditions listed in this solicitation, these exceptions must be specifically and clearly identified by Section in the submitted Response. The Respondent must propose alternative language with their Response.

If the respondent has no exceptions, the form should be marked and submitted with “None” or left blank.

5.2.4. Company Profile – Include the completed Company Profile using Appendix B.

5.2.5. Company References – Include at least three references as specified in Section II, Subsection 7.3 using Appendix B.

5.2.6. Product Brochures and Specifications – include brochures and specifications of the proposed product and related services. The product must meet or exceed the specifications provided in the solicitation. This should include the product’s warranty.

5.2.7. Cost Worksheet – Include a completed Appendix C or reasonable facsimile; All costs must be outlined and provided to complete the requested services. Additional information is required in this Appendix and must be provided with the response.

5.2.8. Samples - Provide a minimum of one sample fabrication per offered product listed on the Cost Worksheet (Appendix C).

5.3. Additional Response Content:

The Respondent must include the following additional documentation in their Response submission or within one (1) business day of TSLAC request. Failure to submit this additional documentation by TSLAC designated deadline may result in disqualification.

5.3.1. TSLAC Addenda, if applicable – Include signed addenda generated as part of the solicitation; addenda will be posted on the ESBD; the signed and dated addenda provide acknowledgment of receipt.

5.4. Response Requirements:

5.4.1. Respondent’s documentation provided with Response must be complete and comprehensive. TSLAC will not be responsible for locating or securing information not included in the submitted Response. Failure to furnish required documentation with the Response may result in the Response being deemed as non-responsive or incomplete.

5.4.2. TSLAC will not be responsible for any expenses related to Responses or the Respondent’s development of documentation that may result from this procurement. Respondents are responsible for all costs associated with preparing a response to this solicitation.

5.4.3. All Responses must be received and time stamped by the date and time specified in Section III, Subsection 1. The date and time stamp will be determined by the submission date and time documented in the e-Procurement Portal.

5.4.4. Late, illegible, incomplete, and otherwise non-responsive Responses will not be considered.

5.4.5. TSLAC reserves the right to reject any and all Responses received and to cancel this solicitation in part or in its entirety. This solicitation in no way obligates TSLAC to award a contract.

5.4.6. Responses cannot be altered or amended after the solicitation deadline or due date. No Response can be withdrawn after the solicitation deadline or due date without the TSLAC Purchasing Department’s approval based on the Respondent’s acceptable written request.

5.4.7. All submitted Responses become the property of TSLAC after the solicitation deadline/due date. Awarded Responses may be posted with a copy of the contract on the TSLAC website. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TSLAC, whichever is earlier.

5.4.8. Respondents must comply with all rules, regulations, and statutes relating to Purchasing in the State of Texas, in addition to the other requirements of this solicitation.

5.4.9. Any terms or conditions attached to the Response will not be considered unless specifically requested within the solicitation. Submission of unsolicited terms and conditions may result in disqualification of Response.

5.4.10. ALL RESPONSES MUST BE SIGNED AND DATED BY A PERSON AUTHORIZED TO BIND THE

COMPANY IN A CONTRACT. FAILURE TO SIGN AND DATE THE SOLICITATION COVERSHEET

WILL RESULT IN THE DISQUALIFICATION OF A SUBMITTED RESPONSE.

6 Texas Public Information Act

Responses will be subject to the Texas Public Information Act (PIA) per Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Some information in responses may be excepted from required public disclosure under the PIA, such as trade secrets and certain commercial or financial information. Respondents are responsible for reviewing the PIA and understanding how it applies to any information submitted under this solicitation.

The determination of whether information is confidential and not subject to disclosure under the PIA is the duty of the Office of the Attorney General (OAG).

Respondents are advised to consult with their legal counsel concerning disclosure issues that could result from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

If the Response to this solicitation contains information which the Respondent claims is confidential and not subject to release under the PIA, the Respondent must prepare and submit the following information with the original Response to the solicitation. Any information not marked as confidential will be released under the PIA if requested.

6.1. Respondent must list any confidential information in Appendix D and submit a PDF copy of the Response with all information claimed as confidential redacted or blacked out.

6.2. In compliance with Texas Government Code §2261.253, all executed contracts by TSLAC will be posted on the TSLAC website but certain confidential information may be redacted. All responses to the solicitation and any communication with TSLAC are subject to the PIA requirements. The full text of the PIA is available at:

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm.

7 Evaluation and Award

7.1. Withdrawal of Response: Responses may be withdrawn by written notice of the Respondent at any time prior to the solicitation due date. Notice may be sent via e-mail to the Purchasing Team member specified in Section I, Subsection 3.

TSLAC will mark the Response as withdrawn in the file and no further action will be taken on the Response.

7.2. Administrative Review by TSLAC Purchasing: Only a complete Response with the required content listed in Section III, Subsection 6 will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a Response being declared as non-responsive. Responses that do not conform to the instructions included in this solicitation may be rejected by TSLAC. TSLAC reserves the right to reject any or all Responses and to waive informalities and minor irregularities in the responses received. No response received after the due date and time specified in Section III, Subsection 1 by the TSLAC Purchasing Department will be considered.

7.3. Initial Evaluation: An evaluation team will evaluate and score each response based on the established criteria. Respondents shall not contact members on the evaluation team. Responses will be evaluated according to the Respondent’s ability to best satisfy TSLAC requirements.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

7.4. Competitive Range: At TSLAC’s sole discretion, a short list of vendors may be developed based on the competitive range or from the three highest scoring vendors. These vendors will be known as the finalist. TSLAC may check references and reports available on the Texas Comptroller of Public Accounts’ Vendor Performance Tracking System (VPTS).

7.4.1. References may include past performance evaluations. References will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the offer.

7.4.2. Respondents may be asked to provide samples.

7.5. Final Evaluation: The evaluation team will determine if further discussions are necessary with finalists. However, an award determination may be made without discussions or Best and Final Offer (BAFO) if in the best interest of the State. The following factors may apply in this stage:

7.5.1. Discussions: The evaluation team may determine that discussions are necessary to clarify or verify a written response. Clarifications must be followed up in writing and will be added to the file.

7.5.2. Negotiations: TSLAC may determine that negotiations are necessary to provide the best value to the agency.

TSLAC will send a meeting invite to eligible vendors to negotiate pricing, terms and conditions, service level agreements, and/other items selected. Negotiations will be scheduled virtually.

7.5.3. Best and Final Offer (BAFO): A request for a BAFO is at the sole discretion of TSLAC and will be requested in writing by the specified date. If requested, Respondent(s) shall submit a final price and any added value to the offer to the designed TSLAC purchaser. If a contract is awarded, this document will be incorporated into the contract.

TSLAC will make the final determination on the best value. The evaluation team will evaluate the finalists and a recommendation for award will be determined.

7.6. Pricing Analysis: The cost worksheet and cost-related elements will be reviewed accordingly.

7.6.1. Initial costs, renewal costs, and renewal option increases will be reviewed and evaluated.

7.6.2. Payment terms may also be considered in this analysis.

7.6.3. Early payment discounts or cash discounts offered by the Respondent will NOT be a factor in the pricing analysis.

7.7. Evaluation Criteria: Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

Initial Evaluation Criteria Weight Product review for quality, durability and design 40% Delivery Schedule - Ability to meet timeline and contingency plan for delays

30%

Pricing Analysis – Offered product price, bulk discount, and offered discount through contract term

30%

Total 100% Final Evaluation Criteria, if applicable Sample review 50% Best and Final Offer 50% Total 100%

7.8. Award: TSLAC reserves the right to award a contract to a single contractor or award to more than one contractor, whichever provides the best value to TSLAC in performance of this service. TSLAC will be the sole judge of best value.

7.8.1. TSLAC reserves the right to award a contract to a single contractor or award to more than one contractor, whichever provides the best value to TSLAC in performance of this service. TSLAC will be the sole judge of best value.

7.8.2. A contract will be awarded to the responsible Respondent(s) who submitted the Response as requested by TSLAC, determined to be the best value to the State, and who meets all the requirements included in this solicitation.

7.8.3. TSLAC 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 service the best interest of the state agency and to reject any and all bid items at the sole discretion of the State. TSLAC also reserves the right to accept or reject all or any part of any bid, waive minor technicalities, and award the bid to best serve the interests of the State.

SECTION IV

GENERAL TERMS AND CONDITIONS

ARTICLE 1. GENERAL

1. Terms and Conditions. This document is incorporated into this Solicitation for all purposes and is made part of Respondent’s contract with the Texas State Library and Archives Commission (TSLAC) by reference. Under these terms and conditions, a Purchase Order is also considered a contract between TSLAC and the Respondent.

2. Selected Definitions. When used in this document section, the following words shall include the following meanings, unless the context clearly indicates otherwise:

Agency – Texas State Library and Archives Commission or TSLAC

Respondent – includes bidder, proposer, applicant, contractor, or vendor

Response – includes a bid, proposal, offer, or application

Solicitation – includes Invitation for Bids, Request for Proposals, Request for Offers, Request for Applications, Pricing Request, or Request for Qualifications

3. Headings. The headings, captions, and arrangements used in this Appendix are for reference and convenience only and do not alter the interpretation of this contract.

4. Applicable Law and Venue. Contracts awarded by TSLAC shall be governed by and construed in accordance with the laws of the State of Texas. The venue shall be in the courts of competent jurisdiction in Austin, Travis County, Texas. Nothing in this contract or its Appendices shall be construed to waive the State’s sovereign immunity. The federal or state courts of the United States located in Texas shall have jurisdiction to hear any dispute under this contract, and service may be made upon TSLAC by first-class mail to its address as set forth herein.

5. Conflicting Provisions. In the events of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the following order of priority: Signed TSLAC Contract, TSLAC Terms and Conditions, Attachments to the Contract, the Solicitation, and Respondent’s Response to the Solicitation.

6. Notices. Unless specifically noted elsewhere in this contract, any written notices required under this contract will be either hand delivered to Respondent’s office address specified on the signature page of this contract or to TSLAC’s Purchasing Department, 1201 Brazos Street, Room 309, Austin, Texas 78701, or by U.S. Mail, certified, return receipt requested, addressed to the appropriate foregoing address. Notice will be effective on receipt by the affected party. Either party may change the designated notice address by written notification to the other party.

7. Change in Law. Any alterations, additions, or deletions to the terms of the contract that are required by changes in federal or state law or regulations are automatically incorporated into the contract without written amendment hereto and shall become effective on the date…