ESBD_430583_1751374521971_802-26-63481_Septic Pumping Palo Duro.pdf

IFB No. 802-26-63481 Page 1 of 28

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 16, 2025

AUTHORIZED SIGNATURE

FAILURE TO SIGN WILL DISQUALIFY BID

LOCATION OF SERVICES: QUESTIONS – SEND EMAIL TO: Requisition No. 802-26-63481 Palo Duro Canyon State Park 11450 Park Rd 5 Canyon, Texas 79015

Purchasing.bidbox@tpwd.texas.gov Page: 1 of 28

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 1.10

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.

Item Description Class/Item 968-71 Quantity Unit of Measure Unit Price

Texas Parks and Wildlife Department (TPWD) is soliciting bids for septic system pumping and disposal services at Palo Duro Canyon State Park per the attached scope of work dated July 2025.

Initial Contract Term: September 1, 2025, through August 31, 2026.

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

ROUTINE SERVICE: Unit price shall include pumping, removal, disposal and all fuel and disposal fees. TPWD will notify the Contractor when service is needed.

1. Pumping and disposal service for septic systems and lift stations throughout the park.

Estimation of 126,000 gallons per year from multiple tanks.

Frequency and location vary based on needs.

Estimate is forty-two (42) hauls per year.

126,000

Gallon

Per Gallon

Gallons listed and quantity of hauls, are estimates for evaluation purposes only. Actual gallons may be higher or lower. The awarded Vendor shall only charge actual gallons.

mailto:Purchasing.bidbox@tpwd.texas.gov

IFB No. 802-26-63481 Page 2 of 28

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES:

See Appendix 21 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 - PHONE 512-389-4510

Email: Purchasing.bidbox@tpwd.texas.gov

IFB No. 802-26-63481 Page 3 of 28

Solicitation 802-26-63481 Specifications for Septic Pumping and Disposal Services

Palo Duro Canyon State Park

1) INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is soliciting bids for Septic Pumping and Disposal Services for Palo Duro Canyon State Park located at 11450 Park Rd 5, Canyon, Texas 79015, in accordance with the attached specifications and terms and conditions dated July 2025.

2) TERM OF CONTRACT: Contract shall commence upon date of award or September 1, 2025, whichever is later, and continue through August 31, 2026, unless sooner terminated under the terms of the contract.

2.1. Contract Renewals: This contract may be renewed for up to three (3) additional one-year (1) periods, 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.

2.2. 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 supplier(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.

2.3. 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) OPTIONAL PRE-BID SITE INSPECTION: Bidders are highly encouraged to attend pre-bid site visits to inspect the work site to become familiar with the job conditions and determine the equipment and materials needed to conduct the requested services. Failure to give proper consideration in the bid submission to site conditions will not constitute grounds for additional compensation.

Bidder may schedule attendance by contacting: David Fischer, 512.820.1241 or Zach McMeans, 806.476.9783

Note: Site visit attendees should be prepared to tour the site by foot with proper clothing and footwear.

4) SERVICE REQUIREMENTS:

The Contractor Shall:

4.1. Provide septic system pumping and disposal services on an as-needed basis.

4.2. Tank size and location are as follows, along with annual estimation.

Area Pumping Frequency Estimated Volume (gallons)

Soapberry 3 times per year 1,500 Park Headquarters 2 times per year 2,000 Visitor Center & Rim Cabins 2 times per year 3,000 Sagebrush Area with 3 tanks systems 3 times per year 19,500 Hackberry Area with 3 tank systems 3 times per year 9,600 Mesquite Area with 2 tank systems 3 times per year 5,500 Trading Post 2 times per year 1,500 Juniper Area 3 times per year 3,000 PPO Residence & FEMA trailer with 2 tank systems 1 time per year 2,700 Canoncita with 2 tank systems 1 time per year 2,000 Maintenance Building 1 time every 2 years 1,000 Mack Dick Pavilion 1 time every 2 years 3,250 Horse Stables Area 1 time every 2 years 3,000

IFB No. 802-26-63481 Page 4 of 28

4.3. Contractor must provide the opportunity for TPWD site level UPO (Utility Plant Operator) to confirm each load is 100% full before Contractor’s truck/vehicle leave the site.

4.4. Provide disposal at Texas Commission on Environmental Quality (TCEQ) licensed disposal site.

4.5. Provide manifest to the park representative upon completion of disposal. The manifest shall include the following:

a) Date of Disposal.

b) Park, hauler and disposal site signatures.

c) TCEQ permit or license ID or registration numbers for septic system, hauler and disposal site.

d) Number of gallons removed from the septic system.

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

4.7. 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 3.5.1 Texas Administrative Code (30 TAC), Section 312.8.

4.8. Have and maintain all applicable permits, license and other authorizations required for compliance with federal, state, local laws, regulations and ordinances, and comply with all requirements, including but not limited to 3.6.1 Texas Commission on Environmental Quality (TCEQ) licensing and registration requirements.

4.9. 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.

4.10. Be responsible for restoring any park facilities, structures or trees damage as a result of the 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.

4.11. 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.

4.12. Begin services on the agreed upon date between TPWD and Contractor.

4.13. Provide service between the hours of 8:00 A.M. and 5:00 P.M. CT unless agreed upon otherwise by both parties, in advance.

5) MINIMUM QUALIFICATIONS: 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:

5.1. Contractor shall 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, including, but not limited to: Texas Commission on Environmental Quality (TCEQ) licensing and registration requirements https://www.tceq.texas.gov/. Bidder must provide proof of current registration with bid.

5.2. Shall 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.

5.3. Equipment: Describe all equipment and vehicles to be used for this project in Exhibit B – Equipment List. Make sure to include dimensions/capacities of equipment, make, model, horsepower and intended use by bid item. For purposes of this bid, TPWD assumes that the Bidder’s equipment list includes ALL of the equipment that the Bidder is dedicating to this project and has considered in this bid. All equipment, materials, and parts not specifically mentioned which are necessary for the completion of work must be furnished by the Contractor.

https://www.tceq.texas.gov/

IFB No. 802-26-63481 Page 5 of 28

5.4. Complete Exhibit A – Company Profile, and Exhibit B – Past Projects with Corresponding References and return with bid. References must be verifiable by phone or email within ten (10) working days of bid evaluation.

6) PRICE ADJUSTMENT:

6.1. Renewal Escalation: Price increases may be allowed with an approved justification at renewal upon mutual agreement of both parties, that correlates with the Consumer’s Price Index for Urban Wage Earners (CPI-U) published by the United States Bureau of Labor Statistics, www.bls.gov . Baseline index shall be the index published the month of award, or month of last price increase, whichever is later. Prices may be adjusted in accordance with changes in index or as mutually agreed by both parties. Failure to comply with these instructions may be grounds for disallowance of price escalation as allowed herein.. TPWD reserves the right to accept the proposed price, to propose an alternate price, or to terminate the contract for convenience.

6.2. Disposal Fees: Price of the contract may be adjusted periodically because of increases in disposal site 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.

7) ADDITIONAL SERVICES: Where found to be in the best interest of TPWD, this contract may be amended in writing to provide additional services, provided that such additional services are within the original scope and intent of the contract. For example, additional clearing services are needed during the term of the contract; in such a case, the Contractor shall provide a written quotation for performing the additional work. TPWD Purchasing and Contracting office will execute an Amendment for additional services. No additional services shall be performed without a fully executed Amendment to Contract in place.

8) VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TPWD. TPWD may consider the following performance by the Contractor as unsatisfactory. An unsatisfactory performance determination includes, but is not limited to:

8.1 One service “call back” to correct the same problem within 30 calendar days.

8.2 If Contractor does not provide the septic pumping and disposal services based on the frequency requirements as mutually agreed upon, an unsatisfactory performance may result in a negative Vendor Performance Report, or cancellation of the purchase or both.

9) SAFETY: All EQUIPMENT USED ON GOVERNMENT PROPERTY WILL BE IN ACCORDANCE WITH O.S.H.A. REGULATIONS. ALL SAFEY EQUIPMENT WILL BE USED AT ALL TIMES WHEN OPERATING

EQUIPMENT ON GOVERNMENT PROPERTY.

10) QUANTITIES: Quantities listed herein are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to the award depending on bid results and budget constraints. Unless this solicitation document states otherwise, the resulting contract award does not guarantee volume or commitment of funds.

TPWD will only pay for actual goods received or services performed.

11) INSURANCE:

11.1. Contractor shall procure and maintain, during the entire period of their performance under this contract, the following minimum insurance:

http://www.bls.gov/

IFB No. 802-26-63481 Page 6 of 28

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 not employees, TPWD will require a statement to that fact.

11.2. 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.

11.3. Prior to the commencement of the work, 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.

11.4. The Certificate of Insurance shall be sent to: Purchasing & Contracting, Texas Parks and Wildlife, 4200 Smith School Road, Austin, Texas 78744, purchasing@tpwd.texas.gov

12) INQUIRIES:

12.1. 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, CTCD Phone Number: 512-389-4510 Texas Parks and Wildlife Department Fax 512-389-4677 4200 Smith School Road Email: purchasing.bidbox@tpwd.texas.gov Austin, TX 78744

12.2. Clarifications: TPWD will allow written requests for clarification of this Solicitation. Questions may be 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.

12.3. 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 Bidder or their representative(s), except for the written inquiries 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 Bidders. Bidders shall rely only on written statements issued through or by TPWD’s Purchasing and Contracting office. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

13) DELIVERY AND ACCEPTANCE:

13.1. 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 resoliciting, to the Contractor.

mailto:purchasing@tpwd.texas.gov mailto:purchasing.bidbox@tpwd.texas.gov

IFB No. 802-26-63481 Page 7 of 28

13.2. 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. Contractor will be notified within this time frame of any units not delivered or work not performed in full compliance with the Purchase Order specifications.

14) BID RESPONSE INSTRUCTIONS:

14.1. Bid Submissions:

a) Submission Deadline: All bids shall be received and time stamped at TPWD prior to XXXX Time on the “Bid Opening” date specified on the IFB Cover Page (page 1). Late bids will not be considered under any circumstances and will be returned.

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

c) Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail, hand delivered to (512) 389-4677.

d) Bids returned by mail or hand delivery should be placed in a sealed envelope and correctly identified with IFB number, submitted deadline/opening date and time.

14.2. 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 judgement and discretion, to waive minor technicalities and errors in the best interest of the state.

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

b) Addenda: Bidder shall acknowledge receipt of any Addendums generated as part of this solicitation.

Bidder should include the signed and dated Addendum(s) with their bid submission or within one business day of request.

c) Exhibit A: Company Profile.

d) Exhibit B: Past Projects with Corresponding References

15) EVALUATION AND AWARD:

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

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

15.3. 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:

a) Lowest Price.

b) Ability, Qualifications and Experience – Meeting or Exceeding the Requirement.

c) Delivery / Service Schedule.

d) 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, Paragraph 9.

16.1. Contractor to submit invoice(s) to: Texas Parks and Wildlife, Accounts Payable, 4200 Smith School Road, Austin, TX 78744 or accounts.payable@tpwd.texas.gov .

16.2. Invoices must show:

a) Contractor Name exactly as shown on the Contract, Texas Payee Identification Number (PIN), and correct “Remit to” address.

mailto:Purchasing.BidBox@tpwd.texas.gov mailto:accounts.payable@tpwd.texas.gov

IFB No. 802-26-63481 Page 8 of 28

b) Name of receiving entity.

c) Contract/Purchase Order Number.

d) Description, quantity, unit of measure, unit price, extended price of each item.

e) Total price.

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

g) Attach supporting documentation, if required.

16.3. Payment:

a) 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.

b) Payment normally will be made to the Contractor within thirty (30) days after receipt of a properly prepared invoice, or the receipt of and acceptance of services ordered, whichever is later. State agencies are required by State law to pay properly submitted invoices within 30 days.

c) Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts (CPA). 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, accounts.payable@tpwd.texas.gov or at 512-389-4833 for additional information.

17) BIDDER AFFIRMATION:

17.1. Bidder has not given, offered to give, nor intends to give 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.

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

mailto:accounts.payable@tpwd.texas.gov

IFB No. 802-26-63481 Page 9 of 28

EXHIBIT A – COMPANY PROFILE

Bidder 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 last five years.

__Yes __No If yes, explain.

Indicate if your company or any of its subsidiaries has been involved in litigation within 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. 802-26-63481 Page 10 of 28

EXHIBIT B – PAST PROJECTS WITH CORRESPONDING REFERENCES

Bidder Name: ____________________________________________

Bidders 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 as the work described in this IFB. This form may be modified as needed to comply with the requirement to document company information. TPWD reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the bid.

Attention: Do NOT use TPWD staff or past work performed for TPWD as a “reference” in Exhibit E. Failure to return this Exhibit, or a reasonable facsimile, may result in the bid being considered non-responsive.

REFERENCE 1:

Company Name:

Company Address:

Contact Name/Title/Phone:

Service Period:

Brief Description of Project

REFERENCE 2:

Contact Name/Title/Phone:

IFB No. 802-26-63481 Page 11 of 28

REFERENCE 3:

Contact Name/Title/Phone:

REFERENCE 4:

Contact Name/Title/Phone:

IFB No. 802-26-63481 Page 12 of 28

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. 802-26-63481 Page 13 of 28

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:

http://www.txsmartbuy.gov/vpts

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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).

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

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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:

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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.