ESBD_414001_1745589909164_53700_IFB_HHS0015995_PCS_137_Formal_IFB.pdf

PCS 137 - SERVICES

Version 1.70 Page 1 of 39 Revised 03/01/2024

Cecile E. Young, Execu�ve Commissioner

Invita�on for Bids (IFB) for

Labwide Accredita�on in Food Microbiology and Food Chemistry Tes�ng at

Texas Department of State Health Services Laboratory

IFB No. HHS0015995

NIGP Class/Item No(s): 963/16 -Accredita�on Fees

Procurement Schedule - All Times are Central Time Reference Sec�on 2 for further informa�on

IFB Date Posted to ESBD 04/25/2025

Ques�ons or Clarifica�ons Submission Deadline May 05, 2025, 10:30 AM

Responses to Ques�ons or Clarifica�ons - Addendum posted on the ESBD

May 07, 2025

Response Deadline: Responses to this IFB must be received May 09, 2025, 10:30 AM

An�cipated Contract Start Date Date of Award

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Table of Contents 1 Introduc�on and Purpose of IFB

1.1 Authority

1.2 Historical Monetary Value

1.3 No Guarantee of Volume, Usage or Compensa�on

1.4 Nego�a�on, Excep�ons or Assump�ons

1.5 IFB Components

2 Procurement Schedule 3 Withdrawal or Amendment of Response 4 HHSC Overview 5 Defini�ons 6 General IFB Informa�on

6.1 Sole Point of Contact and Communica�ons

6.2 Excep�on to the Sole Point of Contact

6.3 Binding Offer Period

6.4 Costs Incurred

6.5 Changes, Modifica�ons and Cancella�on

6.6 Ambiguity, Conflict, Discrepancy

6.7 IFB Ques�ons or Clarifica�ons

6.8 No�fica�on of Addenda or Cancella�on

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

8 HUB Subcontrac�ng Plan (HSP) Requirements

8.1 HUB Subcontrac�ng Plan (HSP)

9 Pricing Informa�on

9.1 Pricing Structure

9.2 Price Adjustments

10 Changes to The Contract 11 Contract Term

11.1 Term of Contract

11.2 Ini�al Contract Term:

11.3 Renewal Op�on(s)

11.4 Extension Op�on

12 Contract Administra�on/ Purchase Order Administra�on

12.1 Contract Manager/Program Lead

12.2 Performed Services Monitoring

12.3 Performance Repor�ng

12.4 Contractor Response to No�fica�on of Non-Material Deficiency

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12.5 Correc�ve Ac�on Plan (The Plan)

12.6 Performance Issues

12.7 Public Informa�on Act – Bidder Requirements Regarding Disclosure

12.8 Bidder Waiver – Intellectual Property

13 Invoicing and Payment

13.1 Bill-to Address

13.2 Invoice Informa�on

13.3 Payment

13.4 Invoice Submission

13.5 Disputed Invoice(s)

14 Insurance Requirements

14.1 Specific Insurance Requirements

14.2 Alterna�ve Insurability

15 Screening of Responses

15.1 Administra�ve Screening

15.2 Irregulari�es

16 Evalua�on

16.1 Evalua�on of Responses

16.2 Conformance with State Law for Evalua�on

16.3 Specific Evalua�on Criteria

17 Award 18 Standards of Conduct for Vendors 19 Disclosure of Interested Par�es 20 Protest Procedures Appendix A – Submission Instruc�ons and Response Checklist

1 Introduc�on and Purpose of IFB The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contrac�ng Services (PCS) division of HHSC administers IFBs for HHS.

HHSC PCS is seeking compe��ve bids to establish contract(s) for Laboratory Services Sec�on is solici�ng bids, for laboratory accredita�on in food microbiology tes�ng and food chemistry tes�ng to the ISO/IEC 17025:2005 Standard at Texas Department of State Health Services (DHHS) Laboratory Sec�on.

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

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To be considered for award, Bidders must submit a comprehensive Response which includes all required informa�on and documenta�on as outlined in this IFB to ensure the Bidder meets all requirements, possesses the required experience and qualifica�ons, and has the capacity to provide the services described in this IFB. See Appendix A, Submission Instruc�ons and Response Checklist.

1.1 Authority

[HHSC] [HHSC or DSHS] [HHSC or DFPS] is solici�ng the services stated in this IFB under Texas Government Code [insert specific procurement authority] [and insert Agency specific authority if applicable].

1.2 Historical Monetary Value

Historical spend for the same or similar services is $3,300.00 for the period September 1, 2024, through August 31, 2025.

1.3 No Guarantee of Volume, Usage or Compensa�on

HHS Agency does not guarantee any volume, usage, or compensa�on to be paid to any Contractor under any Contract resul�ng from this IFB. Addi�onally, all HHS Agency contracts are subject to appropria�ons, the availability of funds, and termina�on.

The es�mated historical spend included in Sec�on 1.2 is provided only as a guideline for preparing the pricing response and should not be construed as represen�ng an�cipated or actual quan��es that will be required.

1.4 Nego�a�on, Excep�ons or Assump�ons

Nego�a�ons are prohibited under the IFB procurement method under most circumstances, and even then, the scope of permissible nego�a�ons is limited and may not result in a material change to the scope of work or specifica�ons as adver�sed in this IFB.

Bidders should NOT submit excep�ons to this IFB which could result in disqualifica�on of a Response. No changes to a Response can be made a�er the submission deadline.

No assump�ons should be included in a Response. The inclusion of assump�ons could result in disqualifica�on of a Response. Instead, a Bidder should advance assump�ons and seek clarifica�on of a sec�on of this IFB, any Exhibits or atachments, in the form and manner required in Sec�on 6.7 IFB Ques�ons or Clarifica�ons.

1.5 IFB Components

This IFB includes the following items:

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• PCS 137 IFB (this document)

• Exhibit A – HHS Solicita�on Affirma�ons

• Exhibit B – PCS 111-Contract Affirma�ons and HHS Uniform Terms and Condi�ons (UTCs)

• Exhibit C – Pricing Sheet

• Exhibit D – Bidder Reference and Contractor Qualifica�ons Form

• Exhibit E – HHS Online Bid Room Informa�on

2 Procurement Schedule The Procurement Schedule dates on the cover page of this IFB are subject to change. HHSC reserves the right to modify these dates at any �me by issuing an addendum. Any events listed in the Procurement Schedule a�er the Response Deadline will occur at the discre�on of HHSC.

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

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

3 Withdrawal or Amendment of Response Bidders may withdraw or amend their Responses at any �me prior to the Response Deadline by e-mailing the point of contact listed in Sec�on 6.1 (Sole Point of Contact and Communica�ons).

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

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

PCS administers the procurement process, which includes IFB announcement and publica�on, Bidder communica�ons, receipt of Responses, screening of �mely received responses, and facilita�ng the evalua�on of qualified Responses. PCS, in coordina�on with each HHS program, http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm

Version 1.70 Page 6 of 39 Revised 03/01/2024 manages the execu�on of the award, through issuance of Purchase Order(s) or other Contract document, resul�ng from this IFB.

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

a) Addendum – A writen clarifica�on or revision to this IFB issued by HHSC.

b) Bidder – The en�ty or individual that submits a response to this IFB. Includes anyone ac�ng on behalf of the en�ty or individual that submits a response, such as an agent, employee, or representa�ve. See also Respondent below.

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

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

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

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

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

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportuni�es which exceed $25,000 in total es�mated value and for providing public no�ce of contract awards. The ESBD may be accessed through the CPA web site at: htps://www.txsmartbuy.com/esbd.

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

i) Exhibit – A document, included as an atachment to this IFB, which provides terms and condi�ons, addi�onal requirements and informa�on related to this IFB.

j) HHS Agency - HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized http://www.txsmartbuy.com/sp http://www.txsmartbuy.com/sp https://www.txsmartbuy.com/esbd https://www.txsmartbuy.com/esbd

Version 1.70 Page 7 of 39 Revised 03/01/2024 representa�ves, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services (DSHS), separately or combined. May also be referred to as System Agency.

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

l) NIGP (The Na�onal Ins�tute of Governmental Purchasing (NIGP) Commodity Book) – The Class-Item numbering and descrip�ons used by state agencies to properly code services or products for a procurement.

m) Purchase Order – A legally enforceable agreement issued by HHSC indica�ng types, quan��es, and agreed pricing for services and goods the Contractor will provide under any Contract resul�ng from this IFB.

n) Response – All informa�on and materials submited by a Bidder in response to this IFB.

May also be referred to as Bid or Bid Response.

o) Respondent – A term interchangeable with Bidder.

p) Scope of Work – The descrip�on of requirements, services, specifica�ons for goods which may be required, and deliverables as provided in this IFB and any resul�ng Contract which the Contractor is required to provide.

q) Subcontractor - Any en�ty or individual that enters into a contract with the Contractor to perform part or all of the obliga�ons of the Contractor under the Contract.

r) Texas Iden�fica�on Number (TIN) – The 11-digit iden�fica�on number set up through the Texas Comptroller of Public Accounts which is required for any en�ty or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number. Further informa�on regarding this number may be accessed via the CPA Fiscal Management TexPayment Resource web page at:

htps://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p =payee_numreq.

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

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

u) Vendor – A business en�ty or individual that supplies services or goods and may be a poten�al Bidder to this IFB.

https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq

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6 General IFB Informa�on

6.1 Sole Point of Contact and Communica�ons

The HHSC PCS Sole Point of Contact for inquiries concerning this IFB is:

Roseta Coleman, CTCM, CTCD

Procurement and Contrac�ng Services Building 1100 W 49th St. MC: 2020 Aus�n, TX 78756

512 – 406 - 2677

Roseta.coleman03@hhs.texas.gov

Bidders shall NOT use the e-mail address above for submission of a Response to this IFB. See Appendix A for submission requirements.

Bidders shall direct all communica�ons, including ques�ons or clarifica�ons rela�ng to this IFB, by e-mail to the HHSC PCS Sole Point of Contact named in Sec�on 6.1 (Sole Point of Contact and Communica�ons); communica�ons by phone will not be accepted except for purposes such as instruc�ng a poten�al Respondent through an IT system or website referenced in this Solicita�on.

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

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact informa�on for the secondary Sole Point of Contact in their automa�c reply out-of-office e-mail message. See also Sec�on 6.2 (Excep�on to Sole Point of Contact) below.

This restric�on (as to only communica�ng in wri�ng with the HHSC Sole Point of Contact iden�fied above) does not preclude discussions between Bidder and agency personnel for the purposes of conduc�ng business unrelated to this IFB.

6.2 Excep�on to the Sole Point of Contact

The only excep�ons to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representa�ve.

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6.3 Binding Offer Period

By submi�ng a Response to this IFB, Bidder agrees that its Response will remain a firm and binding offer for 240 days, as stated in the HHS IFB Affirma�ons (Exhibit A).

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

6.4 Costs Incurred

Bidder understands that issuance of this IFB or reten�on of responses in no way cons�tutes a commitment by HHSC to award a Contract. HHSC accepts no obliga�ons for costs incurred in preparing and submi�ng a response, including, but not limited to, preparing for or par�cipa�ng in a vendor conference or site visit.

Responses shall be submited at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straigh�orward, concise delinea�on of the Bidder’s capabili�es to sa�sfy the requirements of this IFB.

6.5 Changes, Modifica�ons and Cancella�on

HHSC reserves the right to change, amend, or modify this IFB prior to the Response Deadline indicated in the Procurement Schedule (cover page of this IFB). Changes, amendments, and modifica�ons will be processed through one or more Addendum. The no�fica�on for any Addendum will be processed in accordance with Sec�on 6.8.

HHSC reserves the right to cancel this IFB at any �me. The no�ce of cancella�on will be in accordance with Sec�on 6.8.

6.6 Ambiguity, Conflict, Discrepancy

Bidders must no�fy the Sole Point of Contact, Sec�on 6.1, of any ambiguity, conflict, discrepancy, exclusionary specifica�on, omission, or other error in the IFB in the manner and by the deadline for submi�ng ques�ons.

If Bidder fails to properly and �mely no�fy the Sole Point of Contact, Sec�on 6.1, of any ambiguity, conflict, discrepancy, exclusionary specifica�on, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

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

b) shall not contest the interpreta�on by HHSC of such provision(s), and

c) shall not be en�tled to addi�onal compensa�on, relief, or �me by reason of ambiguity, conflict, discrepancy, exclusionary specifica�on, omission, or other error or its later correc�on.

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6.7 IFB Ques�ons or Clarifica�ons

HHSC will allow ques�ons and requests for clarifica�on regarding this IFB if submited by e-mail to the Sole Point of Contact, Sec�on 6.1, by the deadline established in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda. Responses to ques�ons or other writen requests for clarifica�on will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to ques�ons or clarifica�ons prior to the Response Deadline (cover page of this IFB) through a new Addendum. The no�fica�on will be processed in accordance with Sec�on 6.8 (No�fica�on of Addenda or Cancella�on).

6.7.1 Submission of Ques�ons or Clarifica�ons

All ques�ons and requests for clarifica�on must be submited by e-mail and include the following informa�on:

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

b) Sec�on or Paragraph number from this IFB;

c) Page Number of this IFB;

d) Exhibit name, Sec�on or Paragraph, page number from the Exhibit;

e) Language, Topic, Sec�on Heading being ques�oned or requested for clarifica�on;

f) Requestor Contact Informa�on must be included in the body of the e-mail.

Ques�ons or requests for clarifica�on received a�er the deadline set in the Procurement Schedule (cover page of this IFB), or deadlines established in subsequent Addenda, may be reviewed by HHSC but will not be answered.

6.8 No�fica�on of Addenda or Cancella�on

6.8.1 Addenda No�fica�on

All addenda will be posted to the ESBD. It is the responsibility of each poten�al Bidder to monitor the ESBD for any Addenda affec�ng this IFB. Failure to check the ESBD will in no way release any poten�al Bidder or awarded Contractor from the requirements of posted Addenda.

No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all pos�ngs to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifica�ons to this IFB, such failure will not relieve the Bidder or Contractor of its obliga�on to fulfill the requirements as posted.

Bidder must acknowledge receipt of any addenda by signing and returning SOLICITATION ADDENDUM ACKNOWLEDGEMENT FORM posted to the ESBD with your solicita�on response in accordance with the submission op�ons outlined in the solicita�on.

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6.8.2 Cancella�on No�fica�on

HHSC reserves the right to cancel this IFB at any �me. No�ce of the cancella�on will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for no�ces regarding this IFB.

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

Background

Over the past 8 years, the Food and Drug Administra�on (FDA) has invested millions of dollars towards the accredita�on of state food tes�ng laboratories for the ISO/IEC 17025:2005 Standard. This investment has been cri�cal to protect the U.S. food supply by enabling food recalls in order to directly protect the public health of Texans.

In July 2016, the DSHS Laboratory achieved food tes�ng accredita�on through the American Associa�on for Laboratory Accredita�on (A2LA) for ISO/IEC 17025:2005 Standards as a result of comple�ng A2LA's Food and Pharmaceu�cal Tes�ng Laboratory Accredita�on Program. In order to maintain A2LA accredita�on, the DSHS Laboratory must abide by A2LA requirements for the newly adopted ISO/IEC 17025:2017 Standard. Without A2LA accredita�on, Texas' food supply could be nega�vely impacted.

Contractor must provide an accredita�on officer who will ensure no�fica�on of updated assessment requirements and provide support for the lab's proficiency tes�ng plan.

Every other year Contractor must conduct an in-person or virtual assessment of the DSHS Laboratory to verify compliance with A2LA requirements. DSHS will cover travel expenses and travel the for the assessor. Upon verifica�on that A2LA requirements have been met, the Contractor must provide a valid A2LA accredita�on cer�ficate to the DSHS Laboratory for microbiology food tes�ng and chemistry food tes�ng.

Due to regulatory requirements, the contractor that performs this work must be able to provide A2LA accredita�on for ISO 17025:2017.

Training associated with A2LA requirements and IS0/IEC 17025 Standards is out of scope of this solicita�on.

7.1.1 Service Loca�on(s)

HHS, at its sole discre�on, with a 30 days’ advance writen no�ce, reserves the right to change, consolidate, delete or add service loca�ons.

a) Loca�on(s) for Services

Version 1.70 Page 12 of 39 Revised 03/01/2024

Texas Department of State Health Services

1100 W. 49th Street, Aus�n, Texas, 78756 Region

No. 7

The Map (PDF) of the HHS Regions may be accessed at:

htps://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

b) Changes to service loca�on(s) include but are not limited to: new office space within facility, office closure, consolida�on of mul�ple offices increasing or decreasing square footage, expansion of an office into mul�ple offices, and reloca�on of office.

7.1.2 Performance Schedule

Contractor shall perform contracted services, including any minor adjustment call-back services, Monday through Friday between the hours of 8 a.m. and 5 p.m. (Central Time). Contractor shall not interfere with normal flow of HHS Agency business at the service loca�on.

Contractor shall respond to all service calls within four (4) hours of HHS Agency request, unless the Response Deadline is extended by the HHS Agency Contract Manager.

7.1.3 Services Outside Regular Business Hours

Any services performed outside of regular business hours (8 a.m. to 5 p.m Central Time) must be requested and/or approved in wri�ng by the HHS Agency Contract Manager and must be invoiced at the rate stated for Outside Regular Business Hours stated in Exhibit C – Pricing Sheet.

Services performed outside of the regular service hours without prior approval, will be at Contractor’s own risk and will be billed at the established Regular Business Hours service rate stated in Exhibit C – Pricing Sheet

Emergencies: The HHS Agency reserves the right to declare any necessary work within the Scope of Services to be an emergency during regular service hours or outside regular service hours, and will request emergency services in wri�ng. Contractor shall respond on-site to a request for emergency services within one (1) hour of no�fica�on and con�nue work un�l the services requested are complete to the sa�sfac�on of the HHS Agency.

7.1.4 State Holidays

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

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

https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf https://hr.sao.texas.gov/Holidays https://hr.sao.texas.gov/Holidays

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

7.1.5 Minimum Experience and Qualifica�ons

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

Bidder shall submit documenta�on of experience and qualifica�ons with Response, if requested in Exhibit C– Pricing Sheet.

a) The Bidder shall have relevant experience required for the performance of the services as outlined in this IFB. The minimum experience required is three (3) years.

b) The Bidder’s personnel to be assigned to perform the services must be fully trained and, at minimum, have one (1) year relevant experience.

c) Required Licensure and Accredita�on

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

e) The Bidder must provide a minimum of three (3) verifiable references for current or previous contracts of the same size and for similar or same services within the last five

(5) years in Exhibit D – Bidder Reference Form and return with Response.

f) Bidder’s solicita�on must address the full scope.

7.1.6 HHS Agency Responsibili�es

a) The HHS Agency will provide reasonable access to the facility(s) and property where services are to be performed.

b) The HHS Agency will provide secure storage space for Contractor supplies, etc.

7.1.7 Contractor Responsibili�es

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

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

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

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

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c) The Contractor must provide an accredita�on officer who will ensure no�fica�on of updated assessment requirements and provide support for the lab’s proficiency tes�ng plan.

d) Every other year, the Contractor must conduct an in-person or virtual assessment of the DSHS Laboratory to verify compliance with A2LA requirements. DSHS will cover travel expenses and �me for the assessor. Upon verifica�on that A2LA requirements have been met, the Contractor must provide a valid A2LA accredita�on cer�ficate to the DSHS Laboratory for microbiology food tes�ng and chemistry food tes�ng.

e) Due to regulator requirements, the Contractor that performs this work must provide A2LA accredita�on for ISO 17025:2017.

f) Training associated with A2LA requirements and ISO/IEC 17025 Standards is not in the scope of this contract.

The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regula�ons, and the orders and decrees of any court or administra�ve bodies or tribunals in any mater affec�ng the performance of the Contract including, if applicable, workers’ compensa�on laws, minimum and maximum salary and wage statutes and regula�ons, and licensing laws and regula�ons.

g) Training for Contractor Employees:

All Contractor employees, and Subcontractor’s employees, if applicable, assigned to perform the services must be trained and experienced in the type of work to be performed. The Contractor shall provide adequate training to all personnel assigned to perform the services on the roles, responsibili�es, and technical aspects of the work.

The Contractor shall only provide and allow trained and qualified personnel to perform the required services under the Contract.

The Contractor is required to provide current copies of the completed training(s) and of the license or accredita�on cer�ficate related to the training upon request by the HHS Agency Contract Manager. This requirement also applies to Subcontractor(s) and Subcontractor’s personnel who may be used in the performance of services.

7.1.8 Independent Contractor

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

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

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

Version 1.70 Page 15 of 39 Revised 03/01/2024

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

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

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

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

7.1.9 Contractor Equipment

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

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

7.1.10 Background Check for Personnel

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

The Contractor shall be responsible for all background check expenses.

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

Suppor�ng documenta�on confirming the comple�on of the background checks is subject to review upon request by the HHS Agency. Failure to produce the requested documenta�on, as with any viola�on of the Contract, cons�tutes grounds for termina�on of the Contract with cause.

The background checks shall include, but not be limited to, Social Security Number Verifica�on.

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

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Personnel with sex offender, child or adult abuse, or fraud convic�ons shall not be allowed to provide Contract services and shall not be allowed access to HHS Agency property, facili�es, or documents in connec�on with the Contract.

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

7.1.11 Absenteeism and Vaca�on

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

7.1.12 Telephone Service

The Contractor shall have an ac�ve telephone service answered during normal business hours.

Normal business hours are between 8 a.m. and 5 p.m. Monday through Friday, unless otherwise stated in the IFB.

7.1.13 24-Hour Contact The Contractor must provide the HHS Agency Contract Manager with 24-hour contact informa�on for a minimum of two (2) Contractor personnel so the HHS Agency may communicate urgent performance issues that require immediate correc�on or any other issues that may occur. The Contractor’s 24-hour contact must always be available. Any urgent performance issues requiring immediate correc�on will be followed up in wri�ng by the HHS Agency Contract Manager.

7.1.14 Contractor and Contractor Personnel Conduct

All personnel employed by the Contractor to fulfill the requirements and terms and condi�ons of the Contract remain under the Contractor’s sole direc�on and control.

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

7.1.14.1 Performance Compliance

While performing the services, all Contractor and Subcontractor personnel must comply with all applicable state rules, regula�ons, and HHS Agency’s requests regarding personal and professional conduct applicable to the services being provided as well as the service loca�ons.

All personnel must always conduct themselves in a businesslike and professional manner.

If the HHS Agency determines that an employee of the Contractor or Subcontractor is not conduc�ng himself or herself in accordance with the conduct standards under this Contract, the HHS Agency may provide writen no�ce to the Contractor. Upon receipt of such no�ce, Contractor must promptly inves�gate the mater and take appropriate ac�on that may include:

a) Removing the employee from the project;

Version 1.70 Page 17 of 39 Revised 03/01/2024

b) Providing the HHS Agency with writen no�ce of such removal; and

c) Providing the HHS Agency with the informa�on for the replacement employee, who must be qualified and trained, within the �meline designated by the HHS Agency.

7.1.14.2 Contractor Supervisor(s) and Performance Monitoring

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

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

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

7.1.14.3 Personnel Removal and Replacement

a) Removal

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

1. poor or unacceptable work performance,

2. the�,

3. abusive language or behavior, or

4. improper a�re, in accordance with the terms and condi�ons of the Contract.

Occurrences of this type may be cause for termina�on of the Contract.

b) Replacement

Replacement of Contractor or Subcontractor personnel will be subject to HHS Agency review and approval. At the request of the HHS Agency, the Contractor must replace any Contractor or Subcontractor personnel who are not adequately performing the required services or who are unable to work effec�vely with the HHS Agency Contract Manager or other HHS staff. The Contractor shall provide replacement personnel who have the required qualifica�ons and training as outlined in this IFB and resul�ng Contract. The Contractor and HHS Agency Contract Manager will work together in the event of any such required replacement to prevent disrup�on in the services or performance schedule and will mutually agree upon the �meline for the replacement.

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7.1.14.4 Intoxicants and Illegal Drugs Prohibited

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

7.1.14.5 Smoking Prohibited

All HHS Agency facili�es are nonsmoking buildings. Contractor’s and Subcontractor’s employees are prohibited from smoking in all non-designated areas.

7.1.14.6 Contractor Uniforms and Iden�fica�on

All Contractor and Subcontractor employees are required to wear company uniforms and iden�fying badges while providing services in or delivering to HHS Agency premises.

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

The Contractor’s or Subcontractor’s uniform apparel must be of one standard color or design.

The Contractor’s or Subcontractor’s on-site managers or supervisors may wear a dis�nguishing style of uniform but should strive to maintain a company “standard color” to aid in iden�fica�on.

All Contractor and Subcontractor personnel must prominently display their company iden�fica�on badges or the company name and employee’s name (first and/or last) must be on their shirt, T-shirt or smock.

8 HUB Subcontrac�ng Plan (HSP) Requirements The Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD) administers the Historically Underu�lized Business (HUB) Program in accordance with Chapter 2161, Texas Government Code, and Rules §20.281 to §20.298, Title 34, Chapter 20, Subchapter D, Division 1, Texas Administra�ve Code. The HUB Program rules may be accessed at:

htps://comptroller.texas.gov/purchasing/vendor/hub/.

It is the policy of HHSC to promote and encourage contrac�ng and subcontrac�ng opportuni�es with State of Texas-cer�fied Historically Underu�lized Businesses (HUBs). Informa�on regarding the HHSC Policy on Using HUBs may be accessed at: htps://hhs.texas.gov/doing-businesshhs/contrac�ng-hhs/historically-underu�lized-business-opportuni�es-program.

8.1 HUB Subcontrac�ng Plan (HSP)

Although submission of the HSP is not required, if Bidders iden�fy subcontrac�ng opportuni�es or have a need to subcontract to fulfill any por�on of an awarded Contract, Bidders are encouraged to submit, with their Proposal, a properly completed HSP.

https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/ https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program

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To obtain more informa�on regarding the HSP, contact the HUB Program Office. Provide the IFB number and �tle (cover page of this IFB).

• Phone: 512-406-2570 or

• E-mail: HHSCHUB@hhs.texas.gov

9 Pricing Informa�on

9.1 Pricing Structure

Prices offered, as part of the Bidder’s response, must be firm, fixed prices for the life of the Contract.

The pricing must be submited only using Exhibit C - Pricing Sheet based on the descrip�on and the unit of measure(s) provided for each line item. The unit prices must include all IFB requirements, including, but not limited to, labor, equipment, materials, supplies and all related expenses.

9.2 Price Adjustments

Contractors are required to immediately implement any price decrease that become available during the Contract term. Contractor must no�fy the designated HHSC Contract Manager in wri�ng so that a Purchase Order Change No�ce or Contract Amendment may be processed. The Contractor will be provided the HHS Agency Contract Manager contact informa�on upon award.

9.2.1 Price Adjustment Index

Price adjustments are not automa�c. Prices only may be adjusted at the sole discre�on of HHSC.

HHSC may permit price adjustments when correlated with the index as specified below and as published by the Bureau of Labor Sta�s�cs (BLS), Region VI, Washington, DC 20212.

BLS Website: htps://data.bls.gov/cgi-bin/srgate

CPI-W Urban Wage Earners and Clerical Workers – Series ID: CWURR0000AA0:

htps://data.bls.gov/�meseries/CWUR0000AA0

CPI-U All Urban Consumers – Series ID: CUUR0000AA0 htps://data.bls.gov/�meseries/CUUR0000AA0

When using the most recent monthly informa�on from the index, the following applies:

A = Index from the month of the Response Deadline of this IFB, OR

The effec�ve date/month of the last approved price increase or renewal op�on exercised, whichever is later.

B = Current or latest baseline index https://data.bls.gov/cgi-bin/srgate https://data.bls.gov/cgi-bin/srgate https://data.bls.gov/timeseries/CWUR0000AA0 https://data.bls.gov/timeseries/CWUR0000AA0 https://data.bls.gov/timeseries/CUUR0000AA0 https://data.bls.gov/timeseries/CUUR0000AA0 https://data.bls.gov/timeseries/CUUR0000AA0

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The allowable percent change must be calculated as follows:

B-A ÷ A x 100% = Percent of allowable price increase or decrease

Failure by the Contractor to calculate this formula and provide any suppor�ng documenta�on will not be considered a properly submited price increase request and will result in rejec�on of the price increase request.

The Contractor may offer price decreases in excess of the allowable percent change at any �me during the term of the Contract.

9.2.2 Price Adjustment Requests

The Contractor must provide, in wri�ng to the HHS Agency Contract Manager, a request for a price adjustment. The adjustment request must use the index and formula iden�fied in Sec�on

9.2.1 (Price Adjustment Index). Only contracts with renewals are eligible for CPI increases and must be completed prior to the start of the renewal period.

Contractor must provide suppor�ng documenta�on to jus�fy any price adjustment. Any request submited that fails to use the formula above for calcula�ng a price adjustment will not be considered a complete, properly submited request and will be rejected. Addi�onally, any request submited that does not include suppor�ng documenta�on will not be considered a complete, properly submited price adjustment request and will be rejected.

The HHS Agency reserves the right to accept or reject the request for a price adjustment. The Contractor will receive writen no�fica�on, through a Purchase Order Change No�ce or Contract Amendment, from the HHS Agency Contract Manager documen�ng ac�on taken, to include effec�ve dates, for any adjustments approved.

9.2.3 Discounts

If Contractor at any �me during the term of the Contract provides a discount on the final contract costs, Contractor will no�fy HHSC in wri�ng at least ten (10) calendar days prior to the effec�ve date of the discount. HHSC will generate a Purchase Order Change No�ce or other Contract Amendment and send a revised Purchase Order or amended Contract to Contractor.

9.2.4 Federal Minimum Wage Adjustments

Contractor may request a price adjustment based on an increase in the Federal Minimum Wage Rate, published by the U.S. Department of Labor (USDOL), if applicable.

The request must be submited to the HHS Agency Contract Manager in wri�ng and include suppor�ng documenta�on from the USDOL reflec�ng the increase and the effec�ve date of the increase. HHSC reserves the right to accept or reject the request for an increase.

The effec�ve date for an increase, if approved, will be based on the date of approval by the HHS Agency. Retroac�ve increases will not be allowed or approved if the USDOL effec�ve date is prior to the date the writen request is received by HHSC. No�fica�on of an approved increase

Version 1.70 Page 21 of 39 Revised 03/01/2024 in the Contract rate will be provided through a Purchase Order Change No�ce or Contract Amendment from the HHS Agency Contract Manager to include the new unit price and effec�ve date for the increase.

10 Changes to The Contract Following award, addi�onal services or changes, within the scope, or parameters of this IFB, will be added/removed via Purchase Order Change No�ce (POCN) or Contract Amendment approved by the HHS Agency and the Contractor.

11 Contract Term

11.1 Term of Contract

The awarded Contract will be effec�ve on the date the Contract is issued and will expire based on the schedule for delivery of services as outlined in this IFB or by the date or delivery days a�er receipt of order (ARO) provided by the Bidder.

11.2 Ini�al Contract Term:

Any contract resul�ng from this IFB will Date of Award and expire August 31, 2030.

11.3 Renewal Op�on(s)

HHSC, at its sole discre�on, may renew the Contract for up to four (4) Renewal Terms.

Renewal 1 Op�on: September 1, 2026, through August 31, 2027

Renewal 2 Op�on: September 1, 2027, through August 31, 2028 Renewal

3 Op�on: September 1, 2028, through August 31, 2029

Renewal 4 Op�on: September 1, 2029, through August 31, 2030

Such renewal(s), if exercised, shall be subject to all the requirements and terms and condi�ons of the Contract.

11.4 Extension Op�on

The HHS Agency, at its sole op�on and subject to availability of funding, may extend the term of the Purchase Order or other Contract beyond the ini�al term and all exercised renewal periods for up to one (1) year as necessary to ensure con�nuity of service, to process a new IFB, to secure a new contract, for purposes of transi�on to a new Contractor, or as otherwise determined by the HHS Agency.

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This extension, if exercised, will require the Contractor to con�nue performing services in accordance with the Purchase Order Change No�ce (POCN) or other Contract Amendment, Contract requirements and all terms and condi�ons.

12 Contract Administra�on/ Purchase Order Administra�on

12.1 Contract Manager/Program Lead

An HHS Agency Contract Manager or Program Lead will be designated, and the contact informa�on will be provided to the Contractor.

A�er award of any Contract resul�ng from this IFB, all communica�ons related to the Contract and requests for changes to the Contract will be processed through the designated HHS Agency Contract Manager.

12.2 Performed Services Monitoring

a) The HHS Agency Contract Manager or designee will monitor all work performed by

Contractor and shall regularly communicate with the Contractor to address ques�ons, concerns or progress.

b) It is important that the Contractor performs all du�es and requirements as stated.

Failure to do so may result in termina�on of the Contract.

c) All services and deliverables must meet or exceed the required levels of performance specified in this IFB.

d) Contractor will be no�fied by the HHS Agency Contract Manager or designee in wri�ng to correct any service or por�on of a service. The Contractor shall take immediate ac�on to correct the service or por�on of a service at no addi�onal cost to the HHS Agency. The Contractor shall no�fy the HHS Agency Contract Manager or designee upon comple�on for HHS Agency inspec�on and acceptance, as applicable.

12.3 Performance Repor�ng

The HHS Agency Contract Manager is required to report vendor performance for purchases over $25,000 through the Texas Comptroller of Public Accounts (CPA) Vendor Performance Tracking System (VPTS). The VPTS repor�ng is required throughout the life of a contract and not just at its conclusion. HHSC PCS, at its sole discre�on, may submit reports in the VPTS on Contracts under $25,000. The VPTS informa�on and report search may be accessed at:

htps://www.txsmartbuy.com/vpts

Performance No�fica�on – Non-Material Deficiency

The HHS Agency may no�fy Contractor in wri�ng of specific areas of the Contractor’s performance that fail to meet performance expecta�ons, standards, or schedules, but that, in https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://www.txsmartbuy.com/vpts

Version 1.70 Page 23 of 39 Revised 03/01/2024 the determina�on of the HHS Agency, do not result in a material deficiency or delay in the implementa�on or opera�on of the services.

12.4 Contractor Response to No�fica�on of Non-Material Deficiency The Contractor shall, within three (3) business days (or another date approved by the HHS Agency) of receipt of writen no�ce of a non-material deficiency, provide the HHS Agency Contract Manager a writen response…