ESBD_414967_1745963510758_RFP 0004656_Final.docx

Texas Facilities Commission P.O. Box 13047 Austin, Texas 78711-3047

REQUEST FOR PROPOSALS

Online Auction Services for the Texas Facilities Commission State Surplus Property Program

RFP #0004656

Dated: April 29, 2025

Proposal Due Date / Opening: May 28, 2025, 3:00 PM Rev. 7/10/2023

Table of Contents

RFP No. 0004656 Internet Auction Services

1)

2) SCOPE: Pursuant to Texas Government Code Section 2175.063, Maximum Return From Disposition of Surplus or Salvage Property, and Section 2156.121, Use of Competitive Sealed Proposals, the Texas Facilities Commission is requesting proposals for the provision of Internet Auction Services for the Texas Facilities Commission. Services are to be provided on an as-needed basis. No minimum amount of services or compensation will be guaranteed under any contract awarded as a result of this RFP. TFC anticipates award to one or more vendors from this solicitation.

a) Contractor's website must be optimized for use on desktop, tablet, and mobile devices.

b) Contractor's website shall maintain 98% uptime.

c) Contractor is responsible for receipt of information from TFC regarding assets to be auctioned such as photos and item description and creating and editing online posting.

d) Contractor must possess proper operating authority to sell, store, appraise, and transfer firearms according to all federal, state, and local laws and requirements.

e) Contractor must have the ability to verify authorized bidders and restrict bidding for gambling equipment.

f) See Attachment A – Services Contract for full requirements, terms and conditions.

3) HISTORIC VOLUME OF BUSINESS: Internet auction sales for the program in Fiscal Years 2023 and 2024 were $7.3 million and $8.2 million respectively.

4) CONTRACT TERM: This service shall be for a period beginning on the date the contract, as defined below, is executed by both parties, and shall expire on August 31, 2027. The contract may be renewed for two (2) additional two (2) year periods, provided the renewal is executed prior to expiration of the current contract term. Any renewals shall be in writing and at the same terms and conditions, plus any approved changes.

This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the Services Contract shall apply.

5) AGENCY POINT OF CONTACT: The contact listed below shall be the sole point-of-contact during this solicitation. Any discussions regarding this solicitation with other agency personnel or TFC contractors, or sub-contractors may be grounds for disqualification. If the primary contact cannot be reached, the secondary contact may be contacted.

a) Primary Contact:

i) Purchaser Name: Rico Gamino, CTCD, CTCM

ii) Purchaser Phone: 512-936-3567

iii) Purchaser Email: rico.gamino@tfc.texas.gov

b) Secondary Contact:

i) Purchaser Name: Heather Goll, CTCD, CTCM

ii) Purchaser Phone: 512-463-1874

iii) Purchaser Email: heather.goll@tfc.texas.gov

6) DEFINITIONS: The following definitions apply to this Request for Proposal (RFP):

7) SCHEDULE OF EVENTS: TFC reserves the right to change the dates in the Schedule of Events set forth below upon written notification to prospective Respondents through a posting of an addendum on the ESBD.

a) The solicitation process for this RFP will proceed according to the following schedule:

OPTIONAL PRE-PROPOSAL TELE-CONFERENCE:

i) The Pre-Proposal Tele-Conference is scheduled for:

May 9, 2025, 3:00 PM

ii) Pre-registration for the pre-proposal tele-conference is required. Register for the tele-conference at the link below:

https://us02web.zoom.us/meeting/register/bKYfLggVTmqjpAZMh0yN9A

8) PROPOSAL REQUIREMENTS:

a) SUBMISSION REQUIREMENTS:

i) Electronic Submission: TFC is using the electronic procurement system Bonfire. Respondents interested in submitting a response must register for a Bonfire account (No Charge). Proposals shall be uploaded per the instructions in Attachment E – RFP Submission Instructions and Guidelines prior to 3:00 PM on the date specified in the Schedule of Events. In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the portal. We recommend beginning the upload process one (1) day prior to deadline date. Facsimile and email proposals are not acceptable responses to this RFP.

HUB Subcontracting Plan (HSP) Submission: TFC has determined that subcontracting opportunities are not probable in connection with this procurement solicitation; therefore, a HUB Subcontracting Plan is not required as part of the Respondent’s Proposal.

ii) Required Uploads: Respondents shall submit each of the following packages:

(1) Package 1 – Required Documentation:

(a) Attachment B – Execution of Proposal;

(b) Litigation History; and

(c) Addenda Acknowledgement (Signed signature block for each issued addenda)

(2) Package 2 – Scored Evaluation Materials: Should contain the following documents.

(a) Relevant Experience and Qualifications;

(b) Copy of Federal Firearms License

(c) Attachment D – Contractor’s Qualifications Form;

(d) Proposed Methodology; and

(e) Respondent Website Information

(3) Package 3 – Attachment C – Compensation and Fees

iii) File Formats Allowed: Unless specified elsewhere, all submitted documents shall be in Adobe Acrobat (.PDF) format, version 9.0 or higher.

iv) File Organization: If combining files in packages, pages should be numbered and contain an organized table of contents corresponding to each section.

v) COSTS: Respondents to this RFP are responsible for all costs of proposal preparation and delivery and any costs associated with interview.

b) PUBLIC INFORMATION: TFC will not consider any proposal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the TGC (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submission, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14 point font, on the specific part or page of the submission which Respondent believes to be confidential. Respondents should also include in the filename the word “CONFIDENTIAL”. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act. Note that pricing is not considered confidential under the Texas Public Information Act. Upon award, a full tabulation that includes all submitted pricing and scores will be distributed to all Respondents. Do not mark your entire submission as “Confidential”.

c) CONTENTS: Listed below is a summary of all information to be included in a proposal submitted in response to this RFP. Proposals submitted without all the required information may be rejected. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State of Texas. Proposals that fail to submit Attachment B – Execution of Proposal, Attachment C – Compensation and Fees, or Attachment D – Contractor’s Qualification Form shall be disqualified.

i) RELEVANT EXPERIENCE AND QUALIFICATIONS: <20 pts.>

(1) Relevant Experience and History:

(a) Complete and submit Attachment D – Contractor’s Qualifications Form.

(b) In addition to the Attachment D – Contractor’s Qualifications Form, provide the following information demonstrating internet auction services:

(i) Demonstration that the Respondent has successfully been in business for a minimum of five (5) years performing internet auction services.

(ii) Demonstration that Respondent has recently performed sales of gambling machines and firearms.

(iii) Describe current experience performing online auctions of government surplus. Highlight any current experience that differentiates you from other websites.

(2) Contract Team:

(a) Names of top management and key employees and each person’s duties that will be assigned to support the contract, if awarded. Provide the names, job title, role and duties, and relevant work history of these employees.

(b) Provide an organizational chart which shows roles and responsibilities of key individuals assigned to provide services under the contract;

(3) The following minimum requirements are required of Respondents:

(a) Out of state Respondent’s doing business in the State of Texas shall have a Certificate of Authority to do business in Texas, a copy of which shall be submitted with the proposal;

(b) Respondent must provide license and demonstrate ability to sell, store, appraise, and transfer firearms according to all federal, state and local laws and requirements. Respondent must have appropriate Federal Firearms License FFL. Provide proof of FFL with proposal.

(c) Respondent must have a process to ensure that buyers have appropriate license or certification required to conduct the sale of coin-operated gaming machines. Respondent must retain evidence of buyer licensure.

ii) PROPOSED METHODOLOGY: <20 pts.> A detailed plan outlining the processes of implementation regarding the requirements of the contract. This shall include, but not be limited to:

(1) Explain process and techniques used to provide the internet auction services.

(2) Describe processes to provide and maintain availability of online auction website.

(3) Track and maintain payments and receipts.

(4) Methodology for vetting bidders and restricting certain auction sales from unauthorized bidders. Provide a description of the document retention policy regarding the vetting decision.

(5) Marketing strategies to advertise and encourage viewing and bidding of TFC auction items. Include methods of marketing upcoming and ongoing auctions.

(6) Provide description of common reports, what is included in the reports, and available formats.

(7) Company workload in proportion to the services outlined in the contract.

(8) Communication for notifying bidders of cancellation or rescheduling of an online bid opportunity.

(9) Communication and coordination of work with TFC and Client Agencies.

(10) Description of all fees the Respondent will charge to a buyer.

iii) RESPONDENT WEBSITE : <10 pts.>

(1) Website Metrics:

(a) Provide internet traffic metrics for internet auction website for January through March 2024.

(b) Provide internet auction website uptime for Calendar Year 2024.

(2) Internet Auction Website: Provide URL for internet auction website. Website will be evaluated on:

(a) Ease of use to find and view items.

(b) Navigation and load times.

(c) Relevant items to types of items posted for auction by TFC.

iv) ATTACHMENT C - COMPENSATION AND FEES: <50 pts.> Include pricing on the Attachment C – Compensation and Fees. Respondent may not add qualifications, conditions, exceptions, variations or additional items to the proposal, or otherwise modify the pricing structure of the RFP in any manner. Any such modifications will not be considered and may be cause for rejection of the proposal, at the full and sole discretion of TFC.

v) ATTACHMENT B - EXECUTION OF PROPOSAL: The Attachment B – Execution of Proposal shall be completed as directed, signed by the individual or an authorized agent of the business entity submitting the proposal, and returned with the proposal. Failure to sign where indicated will result in disqualification of proposal.

vi) ADDENDA ACKNOWLEDGEMENT: Respondents should acknowledge receipt of all addenda to this RFP by returning a signed copy of each addendum with the submitted proposal.

vii) REFERENCES: <Pass/Fail> Include a minimum of three (3) references from clients for whom similar services were performed or products were provided. Include contract description, contact names, position, and company name, telephone number, and email address for each reference listed. Submit your references on the Attachment D – Contractor’s Qualification Form.

viii) LITIGATION HISTORY: <Pass/Fail>

(1) Provide details of all litigation history, including but not limited to administrative claims and proceedings and arbitration within the past five (5) years.

(2) Respondents involved in litigation, depending upon the circumstances of the litigation, may be disqualified at the sole discretion of TFC.

ix) INSURANCE: Prior to the commencement of work under this Contract, Vendor agrees to carry and maintain insurance in the types and amounts required during the term of the contract, to furnish certificates of insurance including corresponding policy endorsements, and make available, at no cost to TFC, copies of policy declaration pages as evidence thereof, if requested. Any questions concerning insurance requirements may be submitted TFC’s Insurance Analyst by email to: insurance@tfc.state.tx.us.

i) HUB SUBCONTRACTING PLAN: In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), the TFC shall make a Good Faith Effort to utilize HUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following HUB utilization goals as specified in 34 TAC § 20.284:

Statement of Probability:

TFC has determined that subcontracting opportunities are not probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan is not required as part of the Respondent’s Proposal.

9) QUESTIONS:

a) All questions shall be submitted through the Bonfire Portal by the date and time specified in the Schedule of Events above.

b) All questions will result in written responses posted in an addendum to the ESBD and Bonfire. If a Respondent does not have Internet access, a copy of all written responses may be obtained through the point of contact listed above.

c) It is the responsibility of the interested parties to periodically check the ESBD for updates to the solicitation prior to submitting a proposal. Respondent’s failure to periodically check the ESBD or acknowledge addenda will in no way release the respondent from any obligations detailed in the addenda. Any additional costs incurred to meet the requirements of the RFP are the sole responsibility of each respondent.

d) Except as otherwise provided in this Section, upon issuance of this RFP, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

10) PROPOSAL SUBMISSION:

a) Submittals shall be uploaded via the Bonfire link in Attachment E – RFP Submission Instructions and Guidelines prior to 3:00 PM Central Time on the date specified in the Schedule of Events. There is a 1000 MB limit on individual file size.

b) All proposals shall be fully uploaded and submitted by 3:00 PM on the date specified in the Schedule of Events above. TFC reserves the right to accept late submittals.

c) Telephone, facsimile, and email proposals will not be accepted.

d) Any issues with uploading shall first be addressed with Bonfire Technical Support at the contact information included in Attachment E – RFP Submission Instructions and Guidelines. Contact the Purchaser if there are issues with the site prior to the deadline for alternate arrangements if needed. Failure to contact the purchaser prior to the deadline to make alternative arrangements will disqualify any subsequent submittal of response.

11) PROPOSAL OPENING:

a) Only the names of the Respondents will be made available after the opening date and time.

b) All submitted Proposals become the property of TFC after the RFP submittal deadline/opening date.

c) Proposals submitted shall constitute an offer for a period of ninety (90) days or until award is made by TFC, whichever occurs earlier.

12) PROPOSAL EVALUATION AND AWARD:

a) TFC shall award to the Respondent(s) whose proposal is considered to provide the best value to the State of Texas as defined by TGC, Section 2155.074. TFC reserves the right to make multiple awards or no award under this RFP.

b) When considering best value and award, TFC reserves the right to set a minimum requirement regarding the weighted criteria listed in Subsection (d) below.

c) TFC also reserves the right to solicit any service that would normally be performed using this contract if it deems that by doing so would be in the best interest of the State of Texas.

d) An evaluation committee will be established to evaluate the submitted proposals. The committee will include employees of TFC and may include other persons invited by TFC to participate. By submitting a proposal in response to this RFP, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the proposals may involve some subjective judgments by the evaluation committee. The Evaluation Committee will evaluate and score each proposal based upon the following criteria:

e) The Evaluation Committee will determine if BAFOs are necessary. Award of the contract may be made without BAFOs. A request for a BAFO is at the sole discretion of TFC and will be extended in writing.

f) In evaluating proposals to determine the best value for the State of Texas, TFC may consider information related to past contract performance of a Respondent including, but not limited to, CPA’s Vendor Performance Tracking System, available at http://www.txsmartbuy.com/vpts. Prior work performance with TFC, and other State agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Respondents involved in litigation with TFC or another State agency may be disqualified.

g) Based on ranking determined by the scores, TFC may conduct interviews and/or oral presentations with those firms determined to be the most qualified. Such interviews are intended to:

i) confirm the information contained in the proposal;

ii) evaluate Respondent’s methodology and work plan for the contract; and

iii) evaluate the structure of contract team including qualifications of individual team members and other subcontractors. Scoring of the interview may replace part or all of the scoring of the proposal.

h) Based on these and other factors which may apply, TFC in accordance with the TGC, Section 2156.121, will enter into the contract with the Respondent(s) that is determined to be most appropriate for the services to be provided, but if an agreement cannot be reached, may proceed with the next ranked Respondent, and so on as provided by statute.

i) TFC reserves the right to award or not award the contact if no responses are deemed acceptable and may re-solicit as determined necessary in the best interest of the State of Texas.

j) Protests: Protests filed in accordance with this solicitation shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

k) Public Disclosure: News or social media releases pertaining to this RFP or the services, study, data, or project to which it relates shall not be made without TFC’s prior written authorization. In the exercise of TFC’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFP and the disqualification of the Respondent to respond to any re-solicitation.

l) State Auditor’s Right to Audit: The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

m) Order Precedence: In the event of conflicts or inconsistencies between this RFP and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Attachment A - Services Contract, Request for Proposal, Attachments to RFP, and Respondent’s response to RFP.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

RFP 0004656

Internet Auction Services

ATTACHMENT A - SERVICES CONTRACT

Provided as reference material only. Do not submit as part of response.

(TO BE EXECUTED BY TFC AND SELECTED RESPONDENT UPON AWARD)

(Posted on the ESBD)

ATTACHMENT B - EXECUTION OF PROPOSAL

NOTE: THIS ATTACHMENT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS WHICH DO NOT INCLUDE THIS ATTACHMENT SHALL BE DISQUALIFIED. THE PROPOSAL SHALL BE DISQUALIFIED IF FALSE STATEMENTS ARE CONTAINED IN THIS ATTACHMENT.

Legal Entity Name:

Address:

City, State, Zip:

RESPONDENT AFFIRMATIONS:

1. Having carefully examined the RFP, the Contract, and all other Attachments, as well as the premises and conditions affecting the work, Respondent hereby proposes to furnish all labor, materials, and equipment necessary to complete the work in the amounts proposed in Attachment C - Compensation and Fees.

2. Provided the proposal is accepted, the Respondent, signature herein, agrees to execute the Attachment A, Services Contract and obtain and furnish the required insurance certificates in accordance with the terms and conditions of the contract. Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter, TFC may disqualify the awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

3. False Statements: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

4. Buy Texas Affirmation: In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

5. Dealings with Public Servants Affirmation: Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

6. Antitrust Affirmation: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

7. 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.

8. Financial Participation Prohibited: Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from Agency to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

9. Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the TFC (2) a person who at any time during the four years before the date of the contract was the executive head of the TFC, or (3) a person who employs a current or former executive head of the TFC.

10. Foreign Terrorist Organizations: Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

11. Human Trafficking Prohibition: Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

12. Prior Disaster Relief Contract Violation: Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

13. Public Information Act: Respondent understands that Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

14. Debts and Delinquencies Affirmation: Respondent agrees that any payments due under the contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

15. Disclosure of Interested Parties: Respondent represents and warrants that all certifications, representations, warranties, and other provisions in this Execution of Submittal apply to Respondent and all of Respondent's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Solicitation or any contract resulting from this Solicitation. Respondent represents and warrants that if selected for award of a contract as a result of the Solicitation, Respondent will submit to Agency a Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

16. Computer Equipment Recycling Program: If Respondent is submitting a Response for the purchase or lease of computer equipment, then Respondent certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

17. Television Equipment Recycling Program: If Respondent is submitting a Response for the purchase or lease of covered television equipment, then Respondent certifies that it is compliant with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

18. Contracting Information Responsibilities: In accordance with Section 552.372 of the Texas Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the TFC for the duration of the contract, (2) promptly provide to the TFC any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TFC, and (3) on termination or expiration of the contract, either provide at no cost to the TFC all contracting information related to the contract that is in the custody or possession of the Respondent or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the TFC. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

19. Cybersecurity Training: If Respondent has access to any state computer system or database, Respondent shall complete cybersecurity training and verify completion of the training program to the TFC pursuant to and in accordance with Section 2054.5192 of the Government Code.

20. Disaster Recovery Plan: Upon request of Agency, Respondent shall provide copies of its most recent business continuity and disaster recovery plans.

21. Excluded Parties: Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

22. Suspension and Debarment: Respondent certifies that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity. Entities ineligible for federal procurement are listed at http://www.sam.gov. Prior to awarding state funds for goods and/or services rendered, TFC will conduct a required search of your firm using the Federal System for Award Management (SAM). This is a Federal government-maintained database that records and tracks organizations either known to or suspected of contributing to terrorist organizations. No state funds may be paid to an individual or firm whose name appears on this list.

23. E-Verify Program: Respondent certifies that for contracts for services, Respondent shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of:

1. all persons employed by Respondent to perform duties within Texas; and

2. all persons, including subcontractors, assigned by Respondent to perform work pursuant the contract within the United States of America.

24. Excess Obligations Prohibited: Respondent understands that all obligations of TFC under the contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the contract may be terminated by TFC.

25. Child Support Obligation Affirmation: Under Section 231.006(d) of the Texas Family Code, regarding child support, Respondent certifies that the individual or business entity named in this Response is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any Respondent subject to Section 231.006 of the Texas Family Code, must include in the Response the names of each person with at least 25% ownership of the business entity submitting the Response. If selected for award, Respondent shall provide TFC Procurement the Social Security number(s) of the individual(s) listed below.

Firm Owner(s), Partners, Sole Proprietors, Share Holder(s) of twenty-five percent (25%) interest or more:

Name:

Name:

Name:

Name:

26. Entities that Boycott Israel: Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response.

27. Damage to Government Property: In the event of loss, destruction or damage to any TFC or State of Texas property by Respondent or Respondent’s employees, agents, subcontractors, and suppliers, Respondent shall be liable to TFC and the State of Texas the full cost of repair, reconstruction or replacement of the lost, destroyed or damaged property. Respondent will reimburse TFC and the State of Texas for such property damage within ten (10) calendar days after Respondent’s receipt of TFC’s notice of amount due.

28. Change in Law and Compliance with Laws: Respondent shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the contract. Agency reserves the right, in its sole discretion, to unilaterally amend the contract prior to award and throughout the term of the contract to incorporate any modifications necessary for Agency’s compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines.

29. No Conflicts of Interest: Respondent has disclosed in writing to TFC all existing or potential conflicts of interest relative to the performance of the contract. Any existing or potential conflicts of interest shall be disclosed and attached to this Execution of Proposal.

30. COVID-19 Vaccine Passport Prohibition: Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

31. Energy Company Boycotts: If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

32. Firearm Entities and Trade Associations Discrimination: If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

33. 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.

34. Terms and Conditions Attached to Response: Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

35. Signature Authority: By submitting the Response, Respondent represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract that may result from the submission of this Response.

RESPECTFULLY SUBMITTED:

Authorized Signature:

Printed Name:

Title

Telephone:

E-mail Address:

If a corporation, attach a corporation resolution or other official corporate documentation, which states that the person signing this proposal is an authorized person to sign for and legally bind the corporation.

ATTACHMENT C - COMPENSATION AND FEES

(Posted on the ESBD)

(TO BE ATTACHED AS “EXHIBIT A” TO SERVICES CONTRACT)

Respondent Name: __________________________________

COMPENSATION AND FEES

Pricing Example:

Winning Bid Example: Bulldozer Buyer's Premium (Set by Contractor) Example: 5% Sales Tax Example: 8.25% Emissions Surcharge Example: 2% Bidder’s Final Price

1) Buyer's Premium: Base fee charged to bidder by Contractor and retained by Contractor.

a) Buyer's Premium: _______% of winning bid.

2) Additional Service Options: Additional Service Options are in addition to the Buyer's Premium listed above. The fees provided below should include all costs associated with the performance of any service under this Contract resulting from this RFP. Except for the Buyer's Premium and Requested Additional Service Options, Contractor shall not assess any other costs or fees to auction participants, or charge TFC a ‘no sale’ charge for the rejection of any bids.

a) Respondent shall state their fees for performing Additional Service Options as either:

i) a percentage of sales of winning bid,

ii) as a flat fee per each (as per title transfers), or

iii) as a range for each.

b) Additional Service Options that TFC May Utilize:

Each Range Each

Provide representative to come on-site and create auctions with pictures, upload to auction website, release property to buyer upon pick up date.

Cleaning and Testing of Equipment

Appraisal Services

Firearms Transfer, Appraisal, Storage and Transport

3) Additional Available Services - Respondent may propose pricing for additional services offered that would provide additional benefit to the state as part of any contract resulting from this RFP:

a) Description of Additional Service: Secure Storage

i) Pricing: _____________________________________________________________

b) Description of Additional Service: ____________________________________________

i) Pricing: _____________________________________________________________

c) Description of Additional Service: ____________________________________________

i) Pricing: _____________________________________________________________

d) Description of Additional Service: ____________________________________________

i) Pricing: _____________________________________________________________

e) Description of Additional Service: ____________________________________________

i) Pricing: _____________________________________________________________

f) Description of Additional Service: ____________________________________________

i) Pricing: _____________________________________________________________

g) Description of Additional Service: ____________________________________________

i) Pricing: _____________________________________________________________

h) Description of Additional Service: ____________________________________________

i) Pricing: _____________________________________________________________

i) Description of Additional Service: ____________________________________________

i) Pricing: _____________________________________________________________ (You may continue on additional page for additional proposed services)

ATTACHMENT D - CONTRACTOR’S QUALIFICATIONS FORM

COMPANY PROFILE:

Company Name:

Federal EIN #:

Company Locations:

(List City and State)

List:

Is Company a Texas Historically Underutilized Business

Yes

No

If Yes, Specify Category?

Black American

Hispanic American

Native American

American Women

Asian Pacific

Disabled Veteran

Length of Time Company has been in business:

Yrs.

Mos.

If Company has done business under a different name, give name and location:

Name:

Location:

Name:

Location:

Geographical Limits of Operation:

List:

Percentage of Work Performed by Own Staff:

# of Full Time Employees:

# of Pt.-Time Employees:

Has Company ever failed to complete or defaulted on a contract?

No:

Yes:

If Yes, state where and why below

Explain:

Has Company ever been engaged in litigation over any contract?

No:

Yes:

If Yes, explain below:

Explain:

Has Company ever had a contract terminated for default or convenience?

No:

Yes:

If Yes, explain below:

Explain:

REFERENCES: Contractor shall submit three (3) references for which the contractor has provided services of similar size, scope and complexity within the last three (3) years. Additional information may be submitted or attached at Respondent’s discretion to provide a detailed summary of Qualifications & Experience of similar/relevant scope.

Point of Contact:

Telephone:

Email:

Start Date of Contract:

End Date of Contract:

Description of Scope of Work:

Point of Contact:

Telephone:

Email:

Start Date of Contract:

End Date of Contract:

Description of Scope of Work:

Point of Contact:

Telephone:

Email:

Start Date of Contract:

End Date of Contract:

Description of Scope of Work:

ATTACHMENT E - RFP SUBMISSION INSTRUCTIONS AND GUIDELINES

1. Prepare your submission materials:

Requested Information

Commodity Codes

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

2. Upload your submission at:

https://tfcstate.bonfirehub.com/opportunities/184629

The Question period for this opportunity starts Apr 29, 2025 5:00 PM CDT. The Question period for this opportunity ends May 15, 2025 12:00 PM CDT. You will not be able to send messages after this time.

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of May 28, 2025 3:00 PM CDT. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Texas Facilities Commission uses a Bonfire portal for accepting and evaluating proposals digitally.