ESBD_415948_1746215935957_IFB 3202500219 Overhead Lift.pdf

Bryan Daniel, Chairman Jose A. “Joe” Esparza, Commissioner

Albert Treviño III, Commissioner

Invitation for Bids (IFB) for Overhead Lift

IFB No. 3202500219

Date of Release: May 02, 2025

Bids Due: May 16, 2025, by 10:00 a.m. Central Time

470-50 Lifting Devices, VR Client

Sole Point of Contact for this IFB (see Section 4.1):

Andria Craig, CTCD, CTCM VendorProposals@TWC.texas.gov mailto:VendorProposals@TWC.texas.gov

Page 2 of 24 IFB No 3202500219

Table of Contents

DEFINITIONS

ARTICLE I. PURPOSE, AUTHORITY AND SCHEDULE OF EVENTS

1.1 Purpose

1.2 Authority

1.3 Schedule of Events

ARTICLE II. SCOPE OF WORK

2.1 Overview/Background

2.2 Description of Services/Scope of Work/Specifications

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

3.2 Contract Award

3.3 Contract Execution

3.4 Contract Term

3.5 Price Adjustment

3.6 Payments

3.7 Contract Amendments

3.8 No Guarantee of Volume, Usage or Compensation

3.9 Governmental Entities

3.10 Offer Period

3.11 Costs Incurred

3.12 Public Information Act-Bidder Response

3.13 Public Information Action-Contract Award

3.14 Bidder Waiver-Intellectual Property

3.15 Insurance

3.16 Change of Ownership or Financial Condition

3.17 Sanction and Remedies

3.18 Liquidated Damages

3.19 Severability

3.20 Franchise Tax-Right to Transaction Business in Texas

3.21 Subcontractor Requirements

ARTICLE IV. BID PROCESS

4.1 General Information

4.2 Bid Composition

4.3 Bid Submission and Delivery

ARTICLE V. BID TABULATION AND AWARD PROCESS

IFB No 3202500219

5.1 Screening of Responses

5.2 Evaluation

5.3 SPECIFIC EVALUATION CRITERIA

ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

6.2 Financial Soundness

6.3 Cost Sheet

6.4 HUB Subcontracting Plan

6.5 Optional Proposal Submission Checklist

LIST OF ATTACHMENTS AND FORMS

DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

“Addendum” means a written addition, change, or supplement to this

Solicitation that is posted to the ESBD prior to the response due date.

“Bidder” means the individual or entity that submits an offer or Bid. The term includes anyone acting on behalf of the individual or entity that submits an offer or Bid, such as an agent, employee, and representative.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. All uncapitalized references to

“days” shall be calendar days.

“Competitive Range” consists of the offers or Bids that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by TWC and Successful

Bidder, which will incorporate the contents of this RFP and the Successful

Bidder’s Bid, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code

(TAC), § 20.282.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Bids for state agency contracts with an expected value of $90,000 or more and where

TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“IFB” means this document including all exhibits, attachments, forms, and

Addenda, if any. May also be referred to as Invitation for Bids.

“PCS” means Procurement and Contract Services, a department within TWC’s

Business Operations division.

“PHS” means Procurement and HUB Services, a division of PCS.

“Solicitation” means this IFB, including all exhibits, attachments, forms, and

Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program

“Successful Bidder” means the Bidder with whom TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“TWC” means the Texas Workforce Commission.

“VPTS” means Vendor Performance Tracking System, as described under Texas

Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas

Government Code § 2155.089 and 34 TAC § 20.509.

ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1 Purpose

PHS will administer the procurement process for this Solicitation, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each TWC program, manages the execution of the award, through issuance of Purchase

Order(s) or other Contract document, resulting from this IFB.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

TWC PCS is seeking competitive bids to establish contract(s) for accessibility equipment to support a customer’s independence, mobility, and access within their home.

1.2 Authority

TWC is soliciting the goods and/or services stated in this Solicitation under of the authority Texas Government Code § 2156.001.

1.3 Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Bids will be published as an Addendum posted to the

ESBD. Bidder is required to sign and return an Addendum or Addenda with mailto:VendorProposal@TWC.texas.gov the Bid.

EVENT DATE and TIME

Solicitation posted to ESBD THURSDAY, MAY 2, 2025

Deadline for Submission of Bids THURSDAY, MAY 16,2025 at 10:00 AM Central

Time

Anticipated Contract Start Date June 2025

Bidder must submit its Bid to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via a notification of an

Addendum posted to the ESBD.

ARTICLE II. SCOPE OF WORK

2.1 Overview/Background

TWC is procuring accessibility equipment in order to provide an option for personal transfer and support so that the customer is independent in their home space.

2.2 Description of Services/Scope of Work/Specifications

All materials bid shall meet the applicable specifications and part numbers for the items, as identified on the bid form (see Attachment A: IFB #3202500219 Cost Sheet).

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation and Attachment 1 –

VR Terms & Conditions are applicable to this Solicitation and any

Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2 Contract Award

TWC intends to award one Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD and notification will be sent to all Bidders immediately following execution of the

Contract.

3.3 Contract Execution

If, for any reason, a Contract cannot be executed with a Bidder selected for award within 30 days of TWC’s determination to seek to contract with that

Bidder, TWC may negotiate a Contract with the next highest-scored Bidder or may withdraw, modify, or partially award this Solicitation.

3.4 Contract Term

The Contract Term will commence on the fully executed Contract date and expire on August 31, 2025.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, Termination provisions of Attachment 1 –VR Terms and Conditions shall apply.

Following the base term and any allowable renewals or extensions, TWC may extend any resulting Contract for not more than one (1) additional option period to address immediate operational or service delivery needs. If the resulting Contract does not include a defined option period, the extension is limited to one (1) year.

3.5 Price Adjustment

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the

Contract and any exercised optional renewal terms, if applicable.

3.6 Payments

Payment will be made by TWC in accordance with the pricing provided on

Form 2 – Cost Sheet. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

TWC must acknowledge that the services have been satisfactorily performed and products received, if applicable, which are included on an invoice prior to approving the invoice for payment.

Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by TWC.

TWC will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

3.7 Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Bidder and TWC.

3.8 No Guarantee of Volume, Usage or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Bidder under an awarded Contract, if any, resulting from this

Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a

Contract under this Solicitation at any time at its sole discretion.

3.9 Governmental Entities

If Bidder is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.10 Offer Period

Bids shall be binding for a period of ninety (90) days after the submission due date. A Bidder may extend the time for which its Bid will be honored.

Upon Contract execution, prices agreed upon by the Successful Bidders(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Bidder unless expressly agreed upon in writing by TWC.

3.11 Costs Incurred

Bidder understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Bidder in the preparation of a response to this

Solicitation. Costs of developing Bids, preparing for, or participating in Oral

Presentations and Site Visits, or any other similar expenses incurred by a

Bidder are entirely the responsibility of the Bidder, and will not be reimbursed in any manner by the State of Texas.

3.12 Public Information Act-Bidder Response

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government

Code, Chapter 552. See Attachment 1 –VR Terms & Conditions, Section 2.2.

If Bidder asserts that information provided in its Bid is exempt from disclosure under the Texas Public Information Act, Bidder must mark and submit two separate, searchable Portable Document Format (PDF) copies

(Original Bid and “Public Information Act Copy,” including attachments, of the Original Bid) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

3.13 Public Information Action-Contract Award

Within five (5) Business Days from Contract execution, the Successful

Bidder must submit a “Public Information Act Copy” of the Original

Executed Contract (in addition to the Original Executed Contract) to the

TWC Contract Manager by email. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger).

b. Each portion Successful Bidder claims is exempt from public disclosure must be redacted (blacked out); and

c. Successful Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection b of this section must be identical to those set forth in the Original Bid as required in Section 3.12. above. The only difference in required markings and information between the Original

Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act

Copy.” There must be no redactions in the Original Executed

Contract.

3.14 Bidder Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY BIDDER TO FULLY INDEMNIFY THE STATE OF TEXAS

AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE

STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL

PROPERTY RIGHTS OF BIDDER OR ANY THIRD PARTY FOR ANY

MATERIALS SUBMITTED TO TWC BY BIDDER.

3.15 Insurance

For the duration of any Contract resulting from this Solicitation, the Successful Bidder shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount listed in Attachment 1 – VR Only Terms and Conditions Section 3.19.

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Respondent's responsibility to recommend to TWC alternative methods of insuring the Contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent's inability to obtain the required insurance and/or bonds. TWC shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of Contract.

3.16 Change of Ownership or Financial Condition

During the term of the Contract or any extension or renewal thereof, the

Successful Bidder shall notify TWC in writing of any substantial change in the ownership or control of the Successful Bidder as soon as possible, but no later than thirty (30) days prior to its occurrence. Successful Bidder must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

The failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient grounds for rejecting the Bid or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy, or receivership.

3.17 Sanction and Remedies

3.17.1. General

It is agreed by TWC and the Successful Bidder that:

a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Bidder may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the

Successful Bidder from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder. All assessments of damages shall be within the sole discretion of TWC.

3.17.2. Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the Executive Director or Executive Director’s designee shall notify the Successful Respondent of the assessment(s). TWC will withhold Sanctions from payments to the Successful Respondent or, if no payments are to be made, TWC will make demand of payment of Sanctions. The Successful Respondent must make payment within thirty (30) days of the TWC’s demand. In the event the Successful Respondent fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Respondent, if applicable

3.17.3. Failure to Assess Sanctions

The failure of TWC to assess Sanctions in any instance where TWC is entitled to Remedies under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess Remedies.

3.18 Liquidated Damages

3.18.1 General

It is agreed by TWC and the Successful Bidder that:

a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Bidder may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the

Successful Bidder from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder. All assessments of damages shall be within the sole discretion of TWC.

3.18.2 Assessment of Liquidated Damages

Once TWC has determined that liquidated damages are to be assessed, the

TWC shall notify the Successful Bidder of the assessment(s). Upon receipt of written notice, the Successful Bidder will have ten (10) days to provide a written explanation of any justification that may be applicable to the liquidated damages being considered and a corrective action plan for bringing the operations within the standards specified. TWC has the right to amend the corrective action plan submitted by the Successful Bidder. In all cases, the corrective action plan must be approved by TWC in writing prior to implementation. The corrective action plan must be implemented by the

Successful Bidder at no cost to and upon approval by the TWC Contract

Manager. Liquidated damages will not be assessed during the specified cure period for the activity in question. If the breach is not cured or the

Successful Bidder does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the Successful Bidder, or, if no payments have been made, TWC will make demand of payment of liquidated damages. The Successful Bidder must make payment within thirty (30) days of TWC’s demand. In the event the Successful Bidder fails to pay within the thirty (30) day period, TWC may utilize the option to withhold any additional payments. Failure to pay assessed liquidated damages within the designated time frame may be deemed by TWC to be a breach of contract.

3.19 Severability

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.20 Franchise Tax-Right to Transaction Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Bidder must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.21 Subcontractor Requirements

Bidder must indicate whether or not it holds any financial interest in any

Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, Bidder’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Bidder must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Bidder is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful

Bidder to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the Successful https://comptroller.texas.gov/taxes/franchise/

Bidder is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

TWC will incur no additional obligations, and the obligations of the

Successful Bidder will not be reduced as a result of any such subcontracts.

The Successful Bidder’s obligation to pay Subcontractors is governed by

Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

ARTICLE IV. BID PROCESS

4.1 General Information

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Andria Craig, CTCD, CTCM

Email: vendorproposals@twc.texas.gov

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential

Bidder and Bidder that has submitted a Bid is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided by the Sole Point of

Contact in Section 4.1.1. Failure to comply with these restrictions may result in disqualification of Bidder's Bid. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

mailto:vendorproposals@twc.texas.gov

4.2 Bid Composition

4.2.1 General Information

Bidder must fully and completely address all requirements described in this Solicitation. Incomplete or partial Bids will not be considered. The

Bidder must provide all information that the Bidder believes would be helpful to TWC in evaluating the Bidder’s ability to fulfill the Solicitation requirements. Bidder shall prepare a Bid that clearly and concisely represents its qualifications and capabilities.

4.2.2 Ambiguity, Conflict, or Discrepancy

a. Bidders must notify the Sole Point of Contact, Section 4.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB.

b. If Bidder fails to properly and timely notify the Sole Point of

Contact, Section 4.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the

Bidder, whether awarded a Contract or not:

1. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

2. Submits a Bid at its own risk;

3. May not contest the interpretation by TWC of such provision(s); and

4. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

4.2.3 Changes, Modifications, and Cancellations of Solicitation

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a potential Bidder’s written inquiries or otherwise, and cancellation notices to the ESBD.

4.3 Bid Submission and Delivery

4.3.1 Deadline

Bids must be received by TWC as prescribed no later than date and time specified in Section 1.3 (Schedule of Events).

4.3.2 Submission Method

You must submit your bid electronically by email to VendorProposals@TWC.TEXAS.GOV. Reference the Title and IFB No.

and the Submission Deadline date and time, in the subject line.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

Hard copies received will not be accepted or reviewed.

4.3.3 Ownership of Bids

All materials submitted by a Bidder will become the property of TWC and may be used as TWC deems appropriate. A Bid will not be returned to the Bidder.

4.3.4 Modifications and Withdrawals

Prior to the Bid submission deadline in Section 1.3 (Schedule of Events), Bidder may: (1) withdraw its Bid by submitting a written request to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact);

mailto:VendorProposals@TWC.TEXAS.GOV or (2) modify its Bid by submitting a written amendment to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact). When amending its Bid, Bidder must include, in writing, the section(s) of its submission that will be replaced or removed by the amendment.

ARTICLE V. BID TABULATION AND AWARD

PROCESS

5.1 Screening of Responses

An administrative screening of Responses timely received will be conducted by TWC PCS to determine which Responses meet all IFB minimum requirements and are deemed responsive and qualified for further consideration.

TWC reserves the right to ask questions or request clarification from any

Bidder at any time during the screening process.

5.2 Evaluation

Responses shall be evaluated in accordance with Title 10, Subtitle D, Chapter

2155, sections 2155.074, 2155.075(a), and 2155.144; and Chapter 2156, section 2156.007, Texas Government Code; and Chapter 2157, section

2157.003.

Sections 2155.074, 2156.007, and 2157.003 provide the Best Value

Standard for the purchase of goods or services and for the award, which includes consideration of the purchase price and whether the Bidder meets all requirements of this IFB.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do#2155.074 https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do#2155.074 https://gcc02.safelinks.protection.outlook.com/#2155.074 https://gcc02.safelinks.protection.outlook.com/#2155.075 https://comptroller.texas.gov/purchasing/vendor/hub/#2155.144 https://twc-texas-gov.bonfirehub.com/portal/ http://www.twc.texas.gov/#2157.003 http://www.twc.texas.gov/#2157.003

5.3 SPECIFIC EVALUATION CRITERIA

TWC shall not be obligated to select the Bidder with the lowest price but shall make an award to the Bidder who provides the best value to the State of Texas.

All Responses will be evaluated according to the following criteria:

a) Bidder meeting or exceeding the requirements and specifications in accordance with this IFB;

b) Bidder’s ability to meet performance delivery requirements;

c) Cost;

ARTICLE VI. REQUIRED BID INFORMATION

SUBMITTING BID INFORMATION

Form 1 - Execution of Bid

Form 2- Cost Sheet

Form 3-Finanancial Questionnaire

Public Information Act -, if applicable. Reference Section 3.12

Public Information Act – Bidder Requirements Regarding Disclosure

TWC 1020 Substitute W-9 and Direct Deposit Form

6.1 Execution of Bid

Bidder must complete, sign, and return Form 1 – Execution of Bid. By signing, Bidder agrees to provide the goods and/or services described in this

Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation and in any Contract resulting from an award.

6.2 Financial Soundness

The Bidder must complete Form 3 – Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed for the appropriate company type may result in disqualification of the Bidder’s Bid.

If TWC learns of a failure to disclose after a Contract has been awarded to the Successful Bidder, the Contract may be terminated. In the event of such termination, the Successful Bidder shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

6.3 Cost Sheet

Cost information must be included as a separate document and presented only in the format set forth in Form 2 – Cost Sheet of this Solicitation.

Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the Contract.

6.4 HUB Subcontracting Plan

Bidders are not required to submit a HUB Subcontracting Plan with its Bid.

6.5 Optional Proposal Submission Checklist

A Proposal Submission Checklist (Attachment 2) is provided to assist a Respondent in preparing a responsive Proposal. The checklist is not a requirement and does not need to be attached to a Proposal. Respondent is responsible for reviewing all Solicitation requirements and ensuring it submits all materials for a complete Proposal.

LIST OF ATTACHMENTS AND FORMS

Attachment 1 VR Terms & Conditions

Attachment 2 Proposal Submission Checklist

Form 1 Execution of Bid

Form 2 Cost Sheet

Form 3 Financial Questionnaire

TWC 1020 Substitute W-9 and Direct Deposit Form

List of Attachments and Forms