ESBD_416653_1746726781452_802-25-63329_Inflatable_Boat_Pkg.pdf

IFB No. 802-25-63329 Page 1 of 26

INVITATION FOR BID

SEND INVOICE TO: RETURN BIDS TO: BIDDER MUST SIGN BELOW:

Texas Parks and Wildlife Department ATTN: Accounts Payable 4200 Smith School Road

Austin, Texas 78744

Purchasing.bidbox@tpwd.texas.gov Or

TPWD – Purchasing and Contracting 4200 Smith School Road

Austin, TX 78744

Bid Due Deadline:

2:00 pm CST; May 22, 2025

AUTHORIZED SIGNATURE DATE

FAILURE TO SIGN WILL DISQUALIFY BID

DELIVERY LOCATION: QUESTIONS – SEND EMAIL TO: REQUISITION / IFB NUMBER

Texas Parks and Wildlife Department 4200 Smith School Road; Austin TX, 78744-3291

Purchasing.bidbox@tpwd.texas.gov

802-25-63329 Page: 1 of 26

By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas bidder as defined in Title 34 TAC Rule 20.32(68). FAILURE TO SIGN THE BID ABOVE WILL DISQUALIFY BID. Bidder agrees to comply with all conditions of this bid.

BID F.O.B. AGENCY RECEIVING ADDRESS UNLESS OTHERWISE SPECIFIED BELOW.

By signing this bid, bidder certifies that if a Texas Address is shown as the address of the bidder, bidder qualifies as a Texas bidder as defined in Title 34 TAC Rule 20.32(68). Bidder agrees to comply with all conditions of this bid. Show bid due date and Requisition number on sealed bid envelop and show return address of firm. Pursuant to Executive Order GA-48 of the Governor of Texas: 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.

Bidder must fill in: (See instructions for Texas ID Number in General Terms & Conditions, Paragraph 1.10

TEXAS ID NUMBER _________________________________________________

Name of Firm _________________________________________________ Street Address _________________________________________________ City-State-Zip _________________________________________________ Telephone No. _________________________________________________ Email address _________________________________________________

AWARD NOTICE: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items in the sole discretion of the State.

Texas Parks and Wildlife Department (TPWD) is seeking to purchase ten (10) 13’9” V Bottom Inflatable Swift Water Boats, ten (10) 40 hp Tiller Drive Outboard Motor, and ten (10) Aluminum Boat Trailers for the Law Enforcement Division as per the attached specifications dated May 2025.

A contract will only be awarded to a vendor that has an active Marine Dealer, Distributor, or Manufacturer License.

Item Description Class/Item 120-08, 120-63, 120-90 Quantity Unit of Measure Unit Price Extension

1.

13’9” v Bottom Swift Water Inflatable Boat

Example: Zodiac Mark Grand Raid, Wing P4.2 or TPWD approved equivalent

Specify Boat Make/Model and Dimensions:

Specify Boat Hull Warranty _________________________________________

Each mailto:Purchasing.bidbox@tpwd.texas.gov mailto:Purchasing.bidbox@tpwd.texas.gov

IFB No. 802-25-63329 Page 2 of 26

2.

40 hp Outboard Tiller Drive Motor for Inflatable Rescue Boat described in Line item 1.

Example: Yamaha F40LEHA, Mercury 40 HP, or TPWD approved equivalent.

Specify Engine Make/Model_________________________________________

Specify Engine Warranty___________________________________________

Include EPA Certificate for Engine with bid per Section 4.2.7

Each

3. Boat trailer for boat as specified in Line 1

Example: E-Z Loader, MClain, or TPWD approved equivalent.

Specify Make/Model ____________________________________

Specify Warranty ______________________________________

Specify Material per Section 4.3.5________________________

10 Each $ $

DELIVERY - LINE ITEM 4: TPWD would like the option to pick up boat/motor/trailer packages as determined to be best value to the State to save freight charges, if the Respondent is in close proximity to delivery location(s).

TPWD will determine delivery method at the time of award for complete boat, motor, and trailer packages.

4.

Delivery fee for Ten (10) complete and assembled Boat Package (boat, motor, and trailer) to TPWD LE Austin HQ;

4200 Smith School Road; Austin TX, 78744-3291

Delivery in ________ calendar days after receipt of order.

Lot

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES

See Appendix 22 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under Title 34 TAC Rule 20.38

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials, or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

FOR FURTHER INFORMATION CONTACT PURCHASER:

Synthia De Hoyos, CTCD – Telephone – 512-389-4510 Email: Purchasing.Bidbox@tpwd.texas.gov mailto:Purchasing.Bidbox@tpwd.texas.gov

IFB No. 802-25-63329 Page 3 of 26

Solicitation 802-25-63329 Specifications for Inflatable Boat, Motor, Trailer Packages

1. INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is seeking to purchase ten (10) 13’9” V

Bottom Inflatable Swift Water Boats, ten (10) 40 hp Tiller Drive Outboard Motor, and ten (10) Aluminum Boat Trailers for the Law Enforcement Division as per the attached specifications dated May 2025.

2. TERM OF CONTRACT: Contract shall commence upon the issuance of a contract by TPWD and automatically expire upon the delivery date agreed upon and final acceptance by TPWD.

3. SPECIFICATIONS AND EXCEPTIONS TO SPECIFICATIONS PROCESS:

3.1. The equipment provided shall be in accordance with the purchase specifications herein. TPWD will decide answers to all questions that may arise as to the interpretation of the specifications and the quality or acceptability of goods/services provided.

3.2. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov’t Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc. or the bid will be disqualified as non-responsive and failing to meet minimum specifications.

4. SPECIFICATIONS SHALL MEET OR EXCEED THE FOLLOWING:

4.1. Line 1 – 14’ V Bottom Swift Water Inflatable Boat

4.1.1. Example: Zodiac Mark Grand Raid, Wing P4.2 or TPWD approved equivalent.

4.1.2. Quantity: Ten (10)

4.1.3. Hull Design:

A. V Bottom B. Constructed of 1100 DTX + CSM (Cholorosulfonated Polyethylene [Hypalon]) or 1670 DTX +

Polyurethane

4.1.4. Color: To be selected upon award from manufacturer’s standard color options

4.1.5. Length: Approximately fourteen feet but not greater than 15 feet

4.1.6. Beam: Maximum seventy five inches (75”)

4.1.7. Bottom Width: Minimum fifty inches (50”) / Maximum of sixty five inches (65”)

4.1.8. Horsepower Rating: Horsepower rating shall meet or exceed the horse power of the engine provided.

4.1.9. Transom Height: Approximately twenty inches (20”) or shall be appropriate height to accommodate outboard motor offered in bid response.

4.1.10. Transom Material: Marine Grade Plywood reinforced with aluminum plates or poly material.

4.1.11. Side Tube Size: Shall be no less than eighteen inches (18”), but no greater than twenty-four inches (24”).

4.1.12. Flooring: hard; composite or aluminum with anti-fatigue

IFB No. 802-25-63329 Page 4 of 26

4.1.13. Fuel Type, Tank and Storage:

A. Fuel Type: Gasoline B. Tank Capacity: Approximately five gallons (5 gal.) minimum C. Fuel Vell shall be American Boat or Yacht Council (ABYC) approved polyurethane.

4.1.14. Batteries: One (1) marine grade battery with battery box.

4.1.15. Drain: Self-Bailers High Flow Scuppers two (2)

4.1.16. Reinforcements: Full wrap around strake one (1); non-skid reinforced overlays on top of tubes;

Heavy rubber chaffing strips on bottom of tubes.

4.1.17. Lateral Carrying handles (Molded): Four (4) minimum

4.2. Line 2 – 40 HP Outboard Tiller Motor

4.2.1. Examples: Mercury Sea Pro 40 HP, Yamaha F40LEHA, or TPWD approved equivalent.

4.2.2. Quantity: Ten (10)

4.2.3. Shall be compatible with the boat listed above in section 4.1.

4.2.4. Horsepower (HP): 40 HP

4.2.5. Engine Type: Four Stroke, In-line 3 cylinder

4.2.6. Shaft Length: Approximately Twenty Inches (20”) long shaft or dependent upon manufacturer’s specification. Shaft shall be appropriate length for the boat specified in section 4.1.

4.2.7. California Air Resource Board (CARB) Rating: Minimum 2-star rating

4.2.8. Gear Shift: forward, neutral, reverse

4.2.9. Rotation: Standard

4.2.10. Full Throttle Range, RPM: In approximate range 5,000 to 6,000 Revolutions Per Minute (RPM).

4.2.11. Fuel Induction system: Electronic Fuel Injection (EFI)

4.2.12. Cooling System: Water-cooled with thermostat

4.2.13. Starting: Electric Start

4.2.14. Steering: Remote Tiller

4.2.15. Trim System: power tilt and trim

4.2.16. Color: Black, grey, or TPWD approved equivalent

4.2.17. Propeller:

A. Shall have compatible propeller for boat listed in section 4.1 and outboard motor listed in section 4.2.

B. Pitch: Must provide propeller with an appropriate pitch for optimal performance C. Material: Piranha 3 blade prop and 3 extra blades

4.2.18. Motor shall be installed on boat by respondent and fully operational with all required controls and gauges upon delivery.

IFB No. 802-25-63329 Page 5 of 26

4.3. Line 3 – Boat Trailer for inflatable Swift Water Boat as specified in Section 4.1

4.3.1. Examples: E-Z Loader galvanized trailer, McClain galvanized trailer

4.3.2. Quantity: Ten (10)

4.3.3. Shall fit boat specified in Section 4.1 without the need for modifications

4.3.4. Capacity: Shall be safely able to fit and transport boat with an outboard motor as specified herein.

4.3.5. Frame Construction: Aluminum or Galvanized Steel

4.3.6. Axel: Single or Leaf Spring

4.3.7. Gross Axel Weight Rating (GAWR): shall be of sufficient gross axle weight rating for boat and outboard motor as described herein.

4.3.8. Minimum four-inch (4”) channel with three-inch (3”) channel cross bars.

4.3.9. Tires and Wheels:

A. Shall be new radial trailer tires specifically for the load.

B. Shall include on (1) mounted spare wheel/tire and carrier of the same type and size required for Trailer.

C. Wheel Material shall be galvanized.

4.3.10. Fenders: Aluminum

4.3.11. Tongue-mounted Jack: Tongue jack swivel type with roller wheel for ground contact.

A. Shall be properly sized boat, outboard motor, and trailer.

4.3.12. Lighting: Trailer shall be equipped with fully grounded, waterproof, submergible LED lighting that meets Texas Department of Transportation (TXDOT) regulation standards, with 4 prong connector.

4.3.13. All wiring shall meet TXDOT requirements.

4.3.14. Minimum of two (2) safety chains with hook.

A. Safety chains shall be minimum of three-eighths inch (3/8”) diameter.

4.3.15. Transom tie down to secure boat to trailer.

4.3.16. Treated wood or composite bunking with runners and bolsters inside fender wells.

4.3.17. Wheel bearings with bearing buddies installed.

4.3.18. Two-in (2”) ball hitch

4.3.19. Trailer to be equipped with lights in accordance with federal and State of Texas law governing

24-hour highway operation.

5. REFERENCED BRAND EXAMPLE: Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Proposals on brands of like nature and quality will be considered. If proposing other than the referenced brands/model number, Respondent must show manufacturer, brand or trade name, product number and provide complete descriptive information of product offered and include with response. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

IFB No. 802-25-63329 Page 6 of 26

6. REQUIREMENTS:

6.1. Condition of Product: New Equipment ONLY; NO re-manufactured or “gray market” items. All items must be covered by the manufacturer’s warranty. The unit shall be made ready for continuous operation upon delivery. Responded is cautioned that any unit delivered to the FOB point that does not meet specifications in every aspect will not be accepted.

6.2. All Parts: All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the vendor. All parts shall conform in strength, quality and workmanship to the accepted standards of the industry.

6.3. Quantities: Quantities listed are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints.

6.4. Manuals: Manuals containing illustrated parts list, operating and service instructions for the unit shall be delivered with unit. Manual shall outline all necessary service and operating instructions for the unit delivered and provide necessary warning and safety precautions.

6.5. Warranty Requirements: The unit shall be warranted against defects in material and workmanship for the Manufacturer’s Standard Warranty for government use. The warranty begins on the date the unit is determined to meet specifications and accepted by TPWD.

7. INSPECTION, DELIVERY, AND ACCEPTANCE:

7.1. Predelivery Inspection:

7.1.1. Vendor must contact TPWD Boating Law Administrator and Assistant Boating Law

Administrator to schedule an inspection of assembled boat(s) with accessories, outboard motor(s), and boat trailer(s) prior to scheduling delivery to each delivery location as specified in Section 7.3. The inspection shall be performed at Vendor’s facility for verification that final predelivery status of boat packages are in compliance with all specifications herein prior to delivery appointment scheduling at each location. Contact information for TPWD predelivery inspection shall be provided upon award.

7.1.2. TPWD will pay for TPWD staff travel expenses for initial predelivery inspection. If specification compliance issues are found at initial predelivery inspection, Vendor will be responsible for TPWD personnel travel expenses for any additional on-site inspections required to ensure vessel compliance issues have been resolved.

7.1.3. Final acceptance shall not occur until completion of delivery, inspection, and acceptance at location specified in Section 7.4.

7.2. Freight Charges: TPWD would like the option to pick up the boat and trailer as specified herein to save freight charges if the vendor is in close proximity to the delivery location(s). TPWD will determine best value as it pertains to delivery at the time of award.

7.3. Delivery Schedule and Requirements:

7.3.1. Vendor must contact TPWD point of contact as shown on any resulting contract award or purchase order to schedule delivery date and time. Vendor shall provide one (1) week notice prior to delivery to contact designated on purchase order.

7.3.2. Respondent shall provide delivery terms with bid response. Delivery may be a factor in determining best value award.

IFB No. 802-25-63329 Page 7 of 26

7.3.3. TPWD does not have a loading dock to unload fully assembled boat/motor/trailer packages upon delivery. Trailers shall be delivered by means and method that does not require TPWD to unload at no additional cost to TPWD.

7.4. Delivery Address(es):

7.4.1. Line 4: Ten (10) complete boat packages:

TPWD Law Enforcement 4200 Smith School Road;

Austin TX, 78744-3291

7.5. Registration and Titling: Respondents shall title and register as EXEMPT registration, all equipment requiring titling and registration to the address listed below once received by TPWD. The original Manufacturer’s Statement of Origin (MSO) as well as the most current version of TxDMV form 130U or Application for Texas Title, with signature shall be submitted to:

Texas Parks and Wildlife Department Attn: Fleet Manager 4200 Smith School Road Austin, TX 78744

7.6. Delivery Delays: If delay is foreseen, Contractor shall give written notice to TPWD and must keep TPWD advised at all times of status of order. Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes TPWD to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.

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

7.8. Acceptance: All equipment ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than five (5) working days, weather permitting. Vendor will be notified within this time frame of any units not delivered in full compliance with the purchase order specifications.

8. INQUIRIES:

8.1. CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Synthia De Hoyos, Purchaser Texas Parks & Wildlife Department Fax 512-389-4677 4200 Smith School Road, Austin, Texas 78744 Purchasing.Bidbox@tpwd.texas.gov

8.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed above. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

8.3. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquires described in Section

8.2 above. Attempts to ask questions by phone or in person will not be allowed or recognized as

IFB No. 802-25-63329 Page 8 of 26 valid. Failure to observe this restriction may disqualify respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

9. BID RESPONSE INSTRUCTIONS:

9.1. Bid Submission:

9.1.1. Submission Deadline: All bids shall be received, and time stamped at TPWD prior to 2:00 PM

Central Time on the “Bid Opening” date specified on the IFB Cover Page (page 1). Late bids will not be considered under any circumstance and will be returned.

9.1.2. General Format: Respondent shall submit bid response, signed dated and completed.

9.1.3. Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail, hand-delivery or fax to 512-389-4677.

9.1.4. Bids returned by mail or hand delivery should be placed in a sealed envelope and correctly identified with IFB number, submittal deadline/opening date and time. Bids returned by fax should include a fax cover sheet correctly identified with IFB number, submittal deadline/opening date and time. It is the Bidder’s responsibility to appropriately mark and deliver the bids to TPWD by the specified date.

9.1.5. Respondents are responsible for all costs of bid preparation.

9.2. Bid Content: Below is a summary of required and requested information. Bids submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

9.2.1. Bid Form: Respondent must submit the IFB form, signed, dated and completed. Failure to submit this information will result in disqualification of bid.

9.2.2. Brand Name/Model: Respondents to specify Brand/Model of quoted product. Failure to take exception to specifications or referenced data will require Respondent to furnish specified brand name and model, etc. (Respondent may be required to submit product spec sheets and/ or other documentation prior to award.)

9.2.3. Descriptive Literature: Respondent should provide descriptive literature (product specification sheets) with response submission. Literature to address all salient characteristics and clearly document that the offered product meets salient characteristics stated in the specifications.

(Note: Respondent may be required to submit product specification sheets and/ or other documentation prior to award.)

9.2.4. Delivery Time: Respondent to specify delivery time from receipt of TPWD order.

9.3. Response Period: Responses shall be binding for a period of sixty (60) business days from bid due date. No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TPWD.

10. EVALUATION AND AWARD:

10.1. Only responses submitted by the bid opening, with required submittal documents and meeting qualifications will be considered. Failure to submit the required information may be cause for rejection of the bid response. TPWD reserves the right to waive informalities and minor irregularities in bids received.

mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-25-63329 Page 9 of 26

10.2. TPWD reserves the right to consider respondent qualifications, equipment, facility, references; conduct studies and other investigations as necessary to evaluate any response; request additional relevant information; disqualify bid based on unsatisfactory reference checks, reports and records of service.

10.3. Award: TPWD will award a Contract(s) to the Respondent(s) whose quote is considered to be the Best

Value to TPWD, price and other factors considered. The following factors may be used to evaluate bids:

10.3.1. Lowest Price

10.3.2. Boat Design and Safety

10.3.3. Ability, Qualifications and Experience - Meeting or Exceeding the Requirement

10.3.4. Delivery / Service Schedule

10.3.5. Past Performance

11. INVOICING AND PAYMENT:

The following procedures apply to invoicing and payment in addition to those listed in the General Terms and Conditions, Para. 9:

11.1. Contractor to submit invoice(s) to: Texas Parks & Wildlife Department, Accounts Payable, 4200 Smith

School Road, Austin, Texas 78744.

11.2. Invoices must show:

11.2.1. Name of contractor exactly as shown on the contract, Texas Payee Identification Number

(PIN), and correct “Remit to” address.

11.2.2. Name of receiving entity

11.2.3. Contract/purchase order number

11.2.4. Description, quantity, unit of measure, unit price, extended price of each item

11.2.5. Total Price

11.2.6. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

11.2.7. Attach supporting documentation, if required.

11.3. Payment:

11.3.1. Contractor will be paid for the services as invoiced. If another payment mechanism is agreed to by the parties, then Contractor will be paid in accordance with the agreement approved by the parties.

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

11.3.3. Payments for goods/services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities’ local payment system.

Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

12. BIDDER AFFIRMATION:

12.1. Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant connected with the submitted bid.

12.2. Pursuant to Texas Government Code, Title 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation.

IFB No. 802-25-63329 Page 10 of 26

GENERAL TERMS AND CONDITIONS

JANUARY 2025

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each http://www.txsmartbuy.com/esbd

IFB No. 802-25-63329 Page 11 of 26 sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177 of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

• The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor

Performance System,

• Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

• Having repeated negative Vendor Performance Reports for the same reason,

• Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.com/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

http://www.txsmartbuy.com/vpts

IFB No. 802-25-63329 Page 12 of 26

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract.

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

IFB No. 802-25-63329 Page 13 of 26

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021.

The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service. Payment by a political subdivision Customer whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event of: (1) the date TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date TPWD receives the invoice for the goods or service.

10. PATENTS, TRADEMARKS, OR COPYRIGHTS: Respondent agrees to defend and indemnify the TPWD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TPWD's or the State's use of any good or service provided by the Respondent as a result of this solicitation.

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: 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, firm, partnership or individual engaged in the same line of business as the Respondent. The successful Contractor hereby assigns to TPWD, any and all claims for overcharges associated with any contract resulting from this solicitation which arise under the antitrust laws of the United States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

13. DEBTS AND DELINQUENCIES: As required by Gov't Code §2252.903, the Respondent agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency is has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

14. DISPUTE RESOLUTION:

14.1. The dispute resolution process provided for in Chapter 2260 of Texas Gov’t Code and TPWD regulations shall be used by TPWD and the Respondent to resolve all disputes arising under this Contract. The Contractor shall comply with such rules, as revised from time to time.

14.2. If the Contractor's claim for breach of Contract cannot be resolved informally with TPWD, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260. The notice shall also be given to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirement or toll the timing of the formal written notice of a claim for breach of Contract required under § 2260.051 of Texas Gov’t Code. Compliance by the Contractor with

IFB No. 802-25-63329 Page 14 of 26

Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260.

14.3. The contested case process provided in Chapter 2260 is the Contractor's sole and exclusive process for seeking a remedy for an alleged breach of Contract by TPWD if the Parties are unable to resolve their disputes as described above.

14.4. Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code. Neither the execution of the Contract by TPWD nor any other conduct of any representative of TPWD relating to the Contract shall be considered a waiver of sovereign immunity to suit.

14.5. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TPWD, the Contractor shall continue performance and shall not be excused from performance during the period any breach of Contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend performance during the pendency of such claim or dispute if the Contractor has complied with all provisions of Gov't Code §2251.051, and such suspension of performance is expressly applicable and authorized under that law.

15. FRAUD, WASTE, AND ABUSE: By submitting a Response to this Solicitation, the Respondent represents and warrants that it has read and understood and shall comply with CPA’s Anti-Fraud Policy, found at:

https://comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of the Contract.

16. NAME CHANGES AND SALES:

16.1. If the Contractor changes its name or is sold to another entity, it must provide written notification to

TPWD. The Contractor, in its notice, shall describe the circumstances of the name change or sale, state its new name, provide the new Tax Identification Number, and describe how the change will impact its ability to perform the Contract. If the change entails personnel changes for personnel performing the responsibilities of the Contract for the Contractor, the Contractor shall identify the new personnel and provide resumes to TPWD, if resumes were originally required by the Solicitation. TPWD may request other information about the change and its impact on the Contract and the Contractor shall supply the requested information within five (5) working days of receipt of the request.

16.2. TPWD may terminate the Contract due to a sale of or change to the Contractor that materially alters the Contractor's ability to perform under the Contract. The TPWD has the sole discretion to determine if termination is appropriate.

17. CONTRACTOR RESPONSIBILITIES:

17.1. Contractor agrees to comply with all terms and conditions contained in this solicitation and resulting

Contract.

17.2. Contractor guarantees services offered will meet or exceed the written specifications identified in this solicitation.

17.3. Permits: Contractor shall be responsible, at the Contractor’s expense, for obtaining any and all permits or licenses required by city, county, state, or federal rules, regulations, law, or codes that pertain to the Contract.

17.4. Electrical Items: All electrical items provided by the Contractor to TPWD under the Contract must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC, or NEMA.

17.5. Executive Head: Pursuant to Gov't Code §669.003, the TPWD may not enter into a contract with a person who employs a current or former Executive Head of a state agency until four years have passed since that person was the executive head of the state agency. By submitting a Proposal, the Respondent certifies that it does not employ any person who was the Executive Head of a state agency in the past four years. If Section 669.003 applies, Respondent shall complete the following information in order for the response submission to be evaluated:

IFB No. 802-25-63329 Page 15 of 26

Name of former executive: ________________________________ Name of state agency: ___________________________________ Date of separation from state agency: _______________________ Position with Respondent: _________________________________ Date of employment with Respondent: _______________________

17.6. Contractor agrees to take precautions necessary to protect person or property against injury or damage and be responsible for such injury or damage.

17.7. Contractor agrees to comply with Federal law or State Worker’s Compensation laws which are applicable to the work required or performed under this Contract and to pay or cause to be paid all compensation, medical or hospital bills which may become due or payable thereunder, and to protect and indemnify TPWD from and against any and all liability by reason of injury to employees of Contractor or subcontractor.

17.8. Contractor shall provide all labor, equipment, and materials (unless otherwise stated herein) necessary to furnish the goods or perform the service. All employees of the Contractor shall be a minimum of 17 years of age and experienced in the type of work to be performed. Only the Contractor and its employees will be allowed on state property during working hours.

18. TERMINATED CONTRACTS: By submitting a Response, the Respondent certifies that it has not had a Contract terminated or been denied the renewal of any Contract for non-compliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the Respondent does have such a terminated Contract, the Respondent shall identify each and provide an explanation for the termination.

19. INDEPENDENT CONTRACTOR: The Contract shall not render the Contractor an employee, officer, or agent of the TPWD for any purpose. The Contractor is and shall remain an independent Contractor in relationship to the TPWD. The TPWD shall not be responsible for withholding taxes from payments made under the Contract. The Contractor shall have no claim against the TPWD for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

20. RIGHT TO AUDIT / RECORDS RETENTION: Under Section 2262.154 of the Texas Gov’t Code, the State Auditor may conduct an audit or investigation of any entity receiving funds from the state directly under any Contract or indirectly through a subcontract under the Contract.