ESBD_422103_1750866705616_802-26-62685 IFB Trash Services for Inks Lake SP.pdf

IFB No. 802-26-62685 Page 1 of 31

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; July 9, 2025

AUTHORIZED SIGNATURE DATE

FAILURE TO SIGN WILL DISQUALIFY BID

DESTINATION OF SERVICES: QUESTIONS – SEND EMAIL TO: REQUISITION / IFB NUMBER:

See Specifications Purchasing.bidbox@tpwd.texas.gov 802-26-62685

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. Show bid due date and Requisition number on sealed bid envelop and show return address of firm.

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

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 1.11)

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 soliciting bids for refuse and trash collection, removal, and disposal services for Inks Lake State Park located at 3630 Park Road 4 West, Burnet, TX 78611 and Longhorn Cavern State Park residence located at 6211 Park Road 4 South, Burnet, TX 78611 in accordance with the attached specifications and terms and conditions dated June 2025.

Initial Contract Term: September 1, 2025 through August 31, 2027.

Renewal Option: Option to renew for three (3) additional one (1)-year term.

Bidders must quote Line Items 1 through 12. Bidders are highly encouraged to quote all Line Items.

Quantities listed are estimates for evaluation purposes only.

Color of containers in bid: ____________________

Item Description Class/Item 910-27 Quantity Unit of Measure Unit Price Extension

ROUTINE SERVICE: Unit price shall include administrative fees, fuel surcharge fees, delivery, pick-up and disposal.

1. Provide Refuse and Trash collection for the months of September through February with two (2) pickups per week between Monday and Friday:

a) Thirteen (13) containers at two (2) cubic yards each and

b) Nine (9) containers at four (4) cubic yards each

6 Month per month mailto:Purchasing.bidbox@tpwd.texas.gov mailto:Purchasing.bidbox@tpwd.texas.gov

IFB No. 802-26-62685 Page 2 of 31

Item Description Class/Item 910-27 Quantity Unit of Measure Unit Price Extension

2. Provide Refuse and Trash collection for the months of March through August with three (3) pickups per week between Monday and Friday:

a) Thirteen (13) containers at two (2) cubic yards each

b) Nine (9) containers at four (4) cubic yards each

6 Month per month

3. Provide Refuse and Trash collection for the months of September through August with one (1) pickup per week between Monday and Friday:

a) One (1) container at two (2) cubic yards each – located at Inks Lake Superintendent Residence

12 Month per month

ROUTINE SERVICE AT LONGHORN CAVERN STATE PARK RESIDENCE: Unit price shall include administrative fees, fuel surcharge fees, delivery, pick-up and disposal.

4. Provide Refuse and Trash collection for the months of September through August with one (1) pickup per week between Monday and Friday:

a) One (1) container at two (2) cubic yards each

12 Month per month

SERVICE ADJUSTMENTS: Pricing for contract adjustment purposes in the event TPWD requires additional pick-ups and/or increases or decreases the number of required containers. Unit price shall include administrative fees, fuel surcharge fees, disposal fees and delivery/pickup fees as applicable.

5. Unit price per trip for additional pick-up outside of regularly scheduled pick-ups.

a) Thirteen (13) containers at two (2) cubic yards each 1 Trip per trip

6. Unit price per trip for additional pick-up outside of regularly scheduled pick-ups.

a) Nine (9) containers at four (4) cubic yards each 1 Trip per trip

7.

Unit price per trip for additional pick-up outside of regularly scheduled pick-ups: Inks Lake residence & Longhorn Cavern residence

a) One (1) container at two (2) cubic yards each

1 Trip per trip

8. Price adjustment for adding or deleting container(s): two (2) pick-ups per week between Monday and Friday

a) One (1) container at two (2) cubic yards.

Unit Price quoted is per container per month.

1 Month $ _________ per month $ _________

9. Price adjustment for adding or deleting container(s) with three (3) pick-ups per week between Monday and Friday

a) One (1) container at two (2) cubic yards.

Unit Price quoted is per container per month.

1 Month $ _________ per month $ _________

10. Price adjustment for adding or deleting containers with two (2) pick-ups per week between Monday and Friday

a) One (1) container at four (4) cubic yards.

Unit Price quoted is per container per month.

1 Month per month

IFB No. 802-26-62685 Page 3 of 31

11. Price adjustment for adding or deleting containers(s) with three (3) pick-ups per week between Monday and Friday

a) One (1) container at four (4) cubic yards.

Unit Price quoted is per container per month. Must include delivery/set-up, haul-off, and all disposal fees.

1 Month per month

12. Optional – Price adjustment for adding or deleting container(s) on an “as needed basis” between Monday and Friday

a) One (1) container at 40-cubic yard roll-off/Open Top, on site during entire term with no monthly rental fee.

Unit price is quoted per container per trip. Must include delivery/set-up, haul-off, and all disposal fees. Dump fee for each unit is dumped/exchanged, up to six (6) tons and under.

1 Trip per trip

OPTIONAL ADDITIONAL SERVICE: TPWD may require additional trash containers on an as needed basis. Unit price shall include administrative fees, fuel surcharge fees, disposal fees and delivery/pickup fees as applicable.

13. ATTENTION: Bidders are highly encouraged to submit a detailed Price List of additional services they provide, including but not limited to:

a) Refuse and trash collection service for other container sizes

b) Recycling Service

Attach Price List

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES See Section 2.38 of the State of Texas Procurement Manual 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:

Patty Cardoza, CTCD CTCM; Phone: 979-341-3516 E-mail: Purchasing.Bidbox@tpwd.texas.gov mailto:Purchasing.Bidbox@tpwd.texas.gov

IFB No. 802-26-62685 Page 4 of 31

Solicitation 802-26-62685 Specifications for Refuse & Trash Collection, Removal & Disposal Services

Inks Lake State Park & Longhorn Cavern State Park

1) INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is soliciting bids for refuse and trash collection, removal, and disposal services for Inks Lake State Park located at 3630 Park Road 4 West, Burnet, Texas 76811 and Longhorn Cavern State Park located at 6211 Park Road 4 South, Burnet, Texas 78611 in accordance with the following specifications and terms and conditions.

2) TERM OF CONTRACT: Contract shall commence upon date of award or September 1, 2025, whichever is later, and continue through August 31, 2027 unless sooner terminated under the terms of this contract.

a) Contract Renewals: This contract may be renewed for up to three (3) additional one (1) year period, provided both parties agree in writing to do so, based on funds availability and Vendor performance. Any extension shall be at the same terms and conditions, plus any approved changes. If the contract is extended under this option, the Contractor shall be given written notification of the period in which the services shall occur after being determined by the TPWD.

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

c) The contract shall terminate upon full performance of all requirements contained in this contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

3) PRE-BID SITE INSPECTION: Bidders are highly encouraged to attend a pre-bid site visit from date of this Invitation For Bid (IFB) issuance through June 23, 2025 to inspect the work site to become familiar with the job conditions and determine equipment and materials needed to conduct the requested services.

a) Bidders may schedule pre-bid site inspection by contacting: Park Superintendent, Daniel Stauffer, (512) 389-6206 or daniel.stauffer@tpwd.texas.gov. Failure to give proper consideration in the bid submission to site conditions will not constitute grounds for additional compensation.

4) SERVICE REQUIREMENTS:

a) Contractor Shall:

i) Provide all labor, materials, equipment, tools, transportation, and methods of communication necessary to meet the requirements of the specified services throughout contract term.

ii) Designate a Contract Manager that is a permanent staff employee, is the primary party responsible for the day-to-day operation of the service in accordance with the requirements of the contract and serve as the primary point of contact for TPWD.

iii) Provide service in accordance with all federal, state and local applicable laws, standards, regulations, and ordinances necessary to perform the services, including, but not limited to:

(1) Texas Water Code – Title 1, Chapter 1, Section 361.091, Health and Safety Code.

(2) Code of Federal Regulations (CFR 40) – Protection of Environment, Chapter I:

Subchapters D, I, and N.

mailto:daniel.stauffer@tpwd.texas.gov

IFB No. 802-26-62685 Page 5 of 31

(3) Code of Federal Regulations (CFR 49) – Transportation, Subtitle B, Other Regulations relating to Transportation.

(4) 42 U.S.C. 7401 – Clean Air Act.33 U.S.C. 1251 – Summary of Clean Water Act.

(5) 42 U.S.C. 6901 – Solid Waste Disposal Act.

b) Have and maintain all applicable permits, licenses and other authorizations required for compliance with federal, state, local laws, regulations and ordinances, and comply with all requirements for vector and odor control.

c) Provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times, including, but not limited to, wearing hard hats, safety shoes, goggles and other safety items.

d) Be responsible for restoring any TPWD facilities, structures or trees damaged as a result of Contractor’s operation. The Contractor shall also be responsible for any damage to private property and injury to any person as a result of his operation. The Contractor will notify TPWD immediately of damage to Park or private property, and injury to any person. Contractor’s vehicles will be driven on existing roads and parking areas only.

e) Both parties hereto, in the performance of this contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. The Contractor shall be responsible for providing all necessary unemployment and workers’ compensation insurance for the contractor’s employees.

f) Begin service on the agreed upon date between TPWD and Contractor.

g) Have an adequate inventory of trash containers necessary to fulfill the requirements of the solicitation on an as-needed basis. Trash containers shall meet the following requirements:

i) Painted only brown, green, or color as agreed upon by TPWD.

ii) Undamaged and in good condition.

iii) Leak proof; Drain plugs shall be securely in place to prevent discharges.

iv) Clear of any graffiti or advertising, except the advertising logo of the Contractor.

v) Insect and rodent resistant; Must have hatches or lid-covers to keep animals and rodents out and to prevent rainwater from entering the trash container.

vi) Container construction, materials and condition are subject to TPWD approval. If container(s) is determined unacceptable by TPWD, the container must be replaced within 14 days of request. Containers that are deemed unacceptable, include but are not limited to rubber and plastic.

h) Furnish, install, set in place and maintain trash containers in the quantity, size, location and pick-up frequency as specified by the designated TPWD representative. The anticipated quantity of containers and pick-up frequency will be based on park visitation as outlined in the table below.

The contractor shall adjust the number of containers during peak and non-peak seasons as specified by the designated TPWD representative. Such containers shall be installed and remain in place at locations or areas designated by TPWD.

IFB No. 802-26-62685 Page 6 of 31

Months Container Size

Number Of Containers Time And Frequency Of Pick-Ups

September through February

2 Cubic Yard 4 Cubic Yard

Trash pick-up two (2) times per week on days to be mutually agreed upon between TPWD and Contractor

March through August

2 Cubic Yard 4 Cubic Yard

Trash pick-up Three (3) time per week on days to be mutually agreed upon between TPWD and Contractor

Months Container Size

Number Of Containers

Time And Frequency Of Pick-Ups

September through August 2 Cubic Yard 1

Trash pickup one (1) time per week between Monday – Friday, mutually agreed upon by Park and Contractor at Inks Lake SP Supt.

residence

September through August 2 Cubic Yard 1

Trash pickup one (1) time per week between Monday – Friday, mutually agreed upon by Park and Contractor at Longhorn Cavern SP residence. Located 6 miles from Inks Lake State Park.

Additional pick-ups may be required on an as-needed basis.

i) Provide service including, but not limited to, delivery, emptying containers and haul-off trash between the hours of 7:30 A.M. and 4:30 P.M. CT on designated collection days or as specified by the designated TPWD representative. When holidays fall on a scheduled pickup day, pickups shall occur on the following day.

j) Adjust the quantity of containers, size of containers and frequency of pick-ups as requested by the designated TPWD representative. (Note: TPWD reserves the right to add or decrease the number of containers, change the size of the containers, and/or adjust the frequency of pickups, based upon actual needs/usage for the life of the contract.)

i) Weekly pick-up totals may vary as each period requires, however off-season and peak pricing shall remain at a flat monthly fee.

ii) Extra pick-up trips must be provided on an as needed basis as requested by TPWD.

Additional pick-ups requested by TPWD will be charged in addition to the monthly rate at the quoted price on page 2 of the solicitation document.

k) Adjust the monthly rate and amount based on the applicable unit price bid, quantity and size of containers, and frequency of pick-ups.

l) Collect trash from all containers when and as requested by the designated TPWD representative.

Each pick-up shall include servicing all containers, whether filled or not. Contractor shall provide more or fewer pick-ups at the bid price per pick-up as requested by the designated TPWD representative.

m) Ensure the container area is kept clean. Immediately clean up any spillage of solid waste materials in the collection operation.

n) Provide necessary maintenance and/or periodic change out and cleaning of containers to keep them in operating condition, including repairs to containers, cleaning, and painting to maintain sanitary conditions. Provide replacement trash containers during any off-site maintenance.

IFB No. 802-26-62685 Page 7 of 31

o) Haul solid waste materials in suitable vehicles.

p) Be responsible for disposal of contents in trash containers into a government approved and regulated landfill.

5) MINIMUM QUALIFICATIONS:

a) A contract shall be awarded ONLY to a Contractor who is experienced in providing the services contained herein. Awarded Contractor shall meet the following minimum qualifications:

b) Must have been engaged in the business of providing the specified services for a minimum of three (3) years. Recent start-up businesses do not meet the requirements of this solicitation.

c) Complete Exhibit A – Company Profile, and Exhibit B - Past Projects with Corresponding

References, and return with bid.

d) References must be verifiable by phone or email within ten (10) working days of bid evaluation.

i) Note: A start up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.

6) TPWD RESPONSIBILITIES:

a) TPWD will designate a Contract/Project Manager upon a contract award.

b) TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided in this contract.

c) TPWD will monitor Vendor performance. Failure to provide services in accordance with requirements specified herein and the resulting contract(s) and adherence to the TPWD Terms and Conditions may be considered, by TPWD, as unsatisfactory performance by the Contractor.

An unsatisfactory performance may result in a negative Vendor performance report, or cancellation of the contract or both. An unsatisfactory performance determination includes, but is not limited to:

i) One service ‘call back’ to correct the same problem within 30 calendar days.

ii) Contractor fails to provide removal and disposal of trash based upon the frequency of requirements as mutually agreed.

iii) If Contractor does not provide the removal and disposal of trash based on the frequency of requirements as mutually agreed upon, TPWD may deduct a prorated amount based on the daily rate for type of container that was not removed or replaced.

7) PRICE ADJUSTMENT:

a) Renewal Price Escalation: A price escalation may be allowed upon renewal provided the vendor notifies TPWD in writing prior to renewal. The price escalation shall correlate with the Consumer Price Index (CPI) published by the United States bureau of Labor Statistics at www.bls.gov. Baseline index shall be the index published the month of award. Prices may be adjusted for each renewal period in accordance with changes in index. Failure to comply with these instructions may be grounds for disallowance of a price escalation as allowed herein.

For purposes of calculating price increases at time of renewal, the formula is as follows: CPI Month Awarded – CPI Most recently published = Change in Price Change in Index Point / CPI Month Awarded = Percentage of Increase or decrease that will be calculated to determine the prices for the new contract term http://www.bls.gov/

IFB No. 802-26-62685 Page 8 of 31

b) Landfill Disposal Fees: Price of the contract may be adjusted periodically because of increases in landfill disposal fees. Any request for price increase must contain sufficient documentation to

(1) justify the need for an increase, (2) identify the amount of increase in disposal fees, and (3) show that the increase in fees is applicable to all users of the disposal site. Only one increase per 12-month period will be considered. Upon receipt of request for price increase, TPWD reserves the right to (1) approve the request or some percent thereof, (2) disapprove the request for lack of supporting documentation, or (3) terminate the contract for convenience.

8) SAFETY: ALL EQUIPMENT USED ON GOVERNMENT PROPERTY WILL BE IN ACCORDANCE

WITH O.S.H.A. REGULATIONS. ALL SAFETY EQUIPMENT WILL BE USED AT ALL TIMES WHEN

OPERATING EQUIPMENT ON GOVERNMENT PROPERTY.

9) ADDITIONAL SERVICES: Where found to be in the best interest of TPWD, this contract may be amended in writing to provide for additional services, provided that such additional services are within the original scope and intent of the contract. For example, roll-off containers of various sizes are needed during the term of contract. In such cases, the contractor shall provide a written quotation.

TPWD contracting section will execute an amendment for additional services, no additional services shall be performed without a fully executed amendment to the contract.

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

11) INSURANCE:

a) Contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate

Workers Compensation Statutory Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$500,000 Ea. Accident $500,000 Ea. Employee $500,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$500,000 Bodily Injury & Property Damage - Each Occurrence $1,000,000 Aggregate Limit $5,000 Medical Expense Each Person $500,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles $500,000 Combined Single Limit

Note: Workers’ Compensation is required by an "employer" which is defined as "a person who employs one or more employees." If Bidder has no employees, such insurance is not required. If Bidder claims they have no employees, TPWD will require a statement to that fact.

b) Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

c) Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect.

d) The Certificate of Insurance shall be sent to Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; purchasing@tpwd.texas.gov.

mailto:purchasing@tpwd.texas.gov

IFB No. 802-26-62685 Page 9 of 31

12) INQUIRIES:

a) 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:

Patty Cardoza, Purchaser V, CTCD, CTCM Phone: 979-341-3516 Purchasing.Bidbox@tpwd.texas.gov Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744

b) 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 a minimum of 5 days before the specified date listed on the IFB Cover Page (Page 1). Answers to questions shall be provided by an Addendum, it is the responsibility of interested parties to periodically check the ESBD and TPWD websites for updates/addenda to this solicitation prior to submitting a bid. Questions should be submitted in the following format: a) Reference to the Solicitation number; b) Reference to the Section number, Page number, Paragraph number, and Text of passage being questioned;

and c) Question.

c) 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 Bidder or their representative(s), except for the written inquires described above.

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

Failure to observe this restriction may disqualify Bidder. Bidder 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.

13) DELIVERY AND ACCEPTANCE:

a) Project Completion Delays: If delay is foreseen, Contractor shall give written notice to TPWD.

Default in promised Completion without accepted reasons or failure to meet specifications authorizes TPWD to purchase services of this contract elsewhere and charge any increased costs for the services, including the cost of re-solicitation to the Contractor.

b) Acceptance: All services performed will be subject to acceptance inspection upon completion.

Acceptance inspection 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.

14) BID RESPONSE INSTRUCTIONS:

a) Bid Submission:

i) Submission Deadline: All bids shall be received and time stamped at TPWD prior to 2:00 PM Central Time on the “Bid Due” date specified on the IFB Cover Page (page 1). Late bids will not be considered under any circumstance and will be returned.

ii) General Format: Bidder shall submit one (1) bid response, signed dated and completed.

iii) Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail, or hand-delivery.

iv) 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.

mailto:Purchasing.Bidbox@tpwd.texas.gov mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-26-62685 Page 10 of 31

v) Respondents are responsible for all costs of bid preparation.

b) 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.

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

ii) Exhibit A: Company Profile

iii) Exhibit B: Past Projects with Corresponding References

15) EVALUATION AND AWARD:

a) An award will be made on an all or none basis. Only bids submitted by the bid opening, with required submittal documents and meeting qualifications will be considered. Failure to submit the required information may cause rejection of the bid. TPWD reserves the right to waive informalities and minor irregularities in bids received.

b) TPWD reserves the right to consider Bidder qualifications, references; request additional relevant information; disqualify bid based on unsatisfactory reference checks, reports, and records of service.

c) Award: TPWD will award a Contract to the Bidder whose bid is considered to be the Best Value to TPWD, price and other factors considered. The following factors may be used to evaluate bids:

i) Lowest Price

ii) Ability, Qualifications and Experience - Meeting or Exceeding the Requirement

iii) Delivery / Service Schedule

iv) Past Performance

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

a) Contractor to submit invoice(s) to: Texas Parks & Wildlife Department, Accounts Payable, 4200 Smith School Road, Austin, Texas 78744.

b) Invoices must show:

i) Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address

ii) Name of receiving entity

iii) Contract/purchase order number

iv) Description, quantity, unit of measure, unit price, extended price of each item

v) Total price

vi) Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

vii) Attach supporting documentation, if required

c) Payment:

i) Contractor will be paid for the services performed 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.

ii) 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 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.

IFB No. 802-26-62685 Page 11 of 31

iii) Payments for 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.

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

17) BIDDER AFFIRMATION:

a) 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 connection with the submitted bid.

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

IFB No. 802-26-62685 Page 12 of 31

EXHIBIT A- COMPANY PROFILE

Respondent shall use this Exhibit (or a reasonable facsimile) to clearly demonstrate how they meet the requirements set forth in this IFB. This form may be modified as needed to comply with the requirement to document company information. Failure to return this Exhibit (or a reasonable facsimile) may result in the bid being considered non-responsive.

Company Name:

Number Years in Business: Number of Employees:

Principal place of business (Corporate Headquarters):

Address:

City, State, Zip:

Facility responsible for servicing the contract:

Address:

City, State, Zip:

Contact Person regarding company’s proposal submission to the solicitation:

Name / Title:

Phone Number: Fax Number:

Email Address:

Personnel who will be responsible for the management and day-to-day operations of the services solicited in this IFB.

Name/Title:

Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the last five years.

__No If yes, explain.

Indicate if your company or any of its subsidiaries has been involved in litigation within the last five years.

If yes, explain.

__Yes __No If yes, explain.

Description of firm's background, history, and qualifications: (You may attach additional page for this section.)

IFB No. 802-26-62685 Page 13 of 31

EXHIBIT B – PAST PROJECTS WITH CORRESPONDING REFERENCES

Respondent Name: ____________________________________________

Respondents shall use this Exhibit (or reasonable facsimile) to provide a minimum of three (3) references for jobs completed within the last five (5) years. The references shall illustrate recent experience successfully completing work of a similar nature and scope to the work described in this IFB. Attention: Do NOT use TPWD staff or past work performed for TPWD as a “reference” in Exhibit B. This form may be modified as needed to comply with the requirement to document company information. Failure to return this Exhibit (or a reasonable facsimile) may result in the bid being considered non-responsive. TPWD reserves the right to check references prior to award.

Any negative responses received may be grounds for disqualification of the bid.

REFERENCE 1:

Company Name:

Company Address:

Contact Name/Title/Phone:

Service Period:

Brief Description of Project:

REFERENCE 2:

Company Name:

Company Address:

Contact Name/Title/Phone:

IFB No. 802-26-62685 Page 14 of 31

REFERENCE 3:

Company Name:

Company Address:

Contact Name/Title/Phone:

REFERENCE 4:

Company Name:

Company Address:

Contact Name/Title/Phone:

IFB No. 802-26-62685 Page 15 of 31

GENERAL TERMS AND CONDITIONS

MAY 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.gov/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 sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

http://www.txsmartbuy.gov/esbd

IFB No. 802-26-62685 Page 16 of 31

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:

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

System,

b) Currently under a Corrective Action Plan through the Texas Comptroller of Public Accounts

(CPA),

c) Having repeated negative Vendor Performance Reports for the same reason,

d) 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.gov/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:

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 http://www.txsmartbuy.gov/vpts

IFB No. 802-26-62685 Page 17 of 31 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. 802-26-62685 Page 18 of 31

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.