ESBD_433212_1751541679740_IW219426 Smith.pdf

Texas Department of Criminal Justice Response Cover Page

This form requests basic information about the respondent and project and must be completed in its entirety, including the signature of the authorized representative.

IFB (Invitation for Bid) SOLICITATION INFORMATION TGC 2252 Contracts with Governmental Entity Subchapter G Certain Construction & Installation Projects

1) Solicitation Number:

IW219426

2) Issue Date: 3) Deadline: July 18,2025 July 03,2025 3:00 PM CST

4) Points of Contact: Carolyn Dahlen (936) 437-3862 Carolyn.dahlen@tdcj.texas.gov (reference Section G.2.1) Daniela Castaneda (936) 437-3863 Daniela.castaneda2@tdcj.texas.gov

5) Type of Solicitation: IFB-Invitation for Bid

6) Solicitation Description

The TDCJ is seeking bids for pest control services for both interior and exterior areas of the Smith Unit.

(Non-mandatory site visit will be held. Refer to section L.8.D.)

RESPONSE SUBMITTAL

7) Receiving

Office:

TDCJ Contracts & Procurement, Support Services Branch 2 Financial Plaza, Suite 703, Huntsville, TX 77340

*All packages must be labeled with the solicitation number and Contract Developers’ names. Reference Section L.7 for complete submittal instructions.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include street, city, county, state and 9-digit zip code):

10) Payee Name and Mailing Address, including 9-digit zip code (if different from above) (remittance address if not electing Direct Deposit):

11) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

12) Type of Entity (check all that apply):

HUB Certified

Corporation (incorporated under the laws of the State of _____________) Type: ______ M/F ______ Partnership Individual Non-Profit Organization* Joint Venture

*If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint venture Non-Profit Organization Corporation (registered for business in _________________ (country)

13) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

14) Amendments: Signed and submitted by the Respondent with Proposal or via email prior to the deadline.

RESPONDENT AUTHORITY AND SIGNATURE

15) Respondent Point of Contact Name: ______________________ Title: ___________________________

Email address: ___________________________________________ Telephone #: _____________________

16) Respondent Authorized Signature:

IW219426

SUMMARY OF KEY DATES FOR BID SUBMISSION

July 03, 2025 Post to ESBD

July 03, 2025 04:00 PM Deadline for Registration for site visit.

July 07, 2025 10:00 AM Non-mandatory Site Visit at Project Site (Section L.8.D.)

Site Visit will Start at Smith Unit and continue to Rudd Unit.

July 09, 2025 3:00 PM Deadline for Written Questions for Clarification to the Department

July 11, 2025 5:00 PM Deadline for Responses to Respondents Questions by the Department (Estimated)

July 18, 2025 3:00 PM Deadline for Receipt of Responses in Huntsville Late responses will not be accepted.

September 01, 2025 Service Commencement Date

***All times are Central Standard (CT) time.

TABLE OF CONTENTS

PAGE

SUMMARY OF KEY DATES FOR BID SUBMISSION

TABLE OF CONTENTS

SECTION A - CONTRACT DEFINITIONS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

BID SCHEDULE

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 GENERAL DUTIES AND OBLIGATIONS

C.3 TECHNICAL SPECIFICATION TERMS

SECTION D – REQUIRED REPORTS AND CONDITIONS PRECEDENT TO AWARD

D.1 REPORTS REQUIRED FROM CONTRACTOR

D.2 CONDITIONS PRECEDENT TO AWARD

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE OF SERVICES

E.2 INSPECTION BY STATE EMPLOYEES

E.3 AUTHORITY TO AUDIT

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE OR ABUSE

SECTION F - DELIVERIES AND FREIGHT

F.1 DELIVERY ADDRESS

F.2 PERIOD OF PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, PURCHASER, AND CONTRACT

SPECIALIST

G.2.1 Purchaser

G.3 INVOICE INSTRUCTIONS / REQUIREMENTS

G.3.1 INVOICE INSTRUCTIONS

G.3.2 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Late Payment G.4.2 Withholding of Payment G.4.3 Right to Offset

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.2 SUBCONTRACTORS

H.2.1 Insurance H.2.2 Historically Underutilized Business (HUB)

H.3 MINIMUM QUALIFICATIONS

H.4 SAVE FOR LATER USE

H.5 BOOKS AND RECORDS

H.6 ORGANIZATIONAL AND NAME CHANGE

H.7 FREE EXERCISE OF RELIGION

H.8 SECURITY

H.8.1 TDCJ unit rules and regulations

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Vendor

I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement

I.2.6 TERMINATION FOR UNAVAILABILITY OF FUNDS

I.2.7 Termination Procedures I.2.8 Default by the Department I.2.9 Remedy of the Vendor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKER’S COMPENSATION/UNEMPLOYMENT INSURANCE – INCLUDING

INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 OPTION TO EXTEND THE TERM OF THE CONTRACT

I.13 SEVERABILITY

I.14 IMMIGRATION

I.15 NO LIABILITY UPON TERMINATION

I.16 LIMITATION ON AUTHORITY

I.17 INTELLECTUAL PROPERTY INDEMNIFICATION

I.18 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER 213

I.20 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP)

I.21 FORCE MAJEURE

I.22 NOTICES

I.23 SUBSTITUTIONS

SECTION J – LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition K.1.2 Representation

K.2 FRANCHISE TAX REPRESENTATION

K.3 TYPE OF BUSINESS ORGANIZATION

K.4 REPRESENTATIONS OF RESPONDENT

K.4.1 Organization and Qualification K.4.2 Authorization K.4.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.4.4 No Defaults under Agreements K.4.5 Compliance with Laws K.4.6 No Litigation K.4.7 Taxes K.4.8 No Adverse Change K.4.9 Disclosure K.4.11 Disclosure of Interested Parties K.4.12 Notification K.4.13 Deceptive Trade Practices; Unfair Business Practices

K.5 REPRESENTATIONS OF THE DEPARTMENT

K.5.1 Authorization K.5.2 No Violation of Agreements K.5.3 Disclosure

K.6 AUTHORIZED NEGOTIATORS

K.7 PAYEE IDENTIFICATION NUMBER

K.8 POINT OF CONTACT

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 AMENDMENTS TO SOLICITATIONS

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS

L.3 SIGNATURES ON BIDS SUBMITTED

L.4 BID ACCEPTANCE PERIOD

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 SUBMISSION CHECKLIST

L.8 DISCUSSION AND CORRESPONDENCE

L.9 PUBLIC INFORMATION ACT

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

IW219426 Section A

SECTION A - CONTRACT DEFINITIONS

The following terms used in the Contract shall, unless the context indicates otherwise, have the meanings set forth:

Authorized Representative means the Person designated in writing to act for and on behalf of a party of the Contract.

Base Period means the original period of commencement of service.

Clean-Out Treatment: annual treatment of all food service areas that have been properly cleaned, dried and food preparation equipment stored; allowing vendor to perform an intense treatment with agents such as aerosols, etc. to rid entire area of cockroaches.

Commensal Rodents: means those animals established a commensal relationship with humans in which the animals benefited but the humans received little benefit or harm.

Compliance Standards means Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Contract means to enter into a formal and legally binding agreement.

Day(s) means calendar Days, unless otherwise specified.

Department means the Texas Department of Criminal Justice (TDCJ).

Department Policy/Policies means all written policies, procedures, standards, guidelines, directives, and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department applicable, to providing the Services specified under this Contract.

Event of Default means any of the events or circumstances described in Section I.2.

Fiscal Year means any of the one-year periods beginning September 1 and ending August 31, which periods are used for annual budgetary purposes by the State of Texas.

Material Failure means the failure of a party to fulfill one or more obligations essential to achieving the purpose of the Contract.

Invoice means the Vendor’s invoice based on the Vendor’s completion of services and yielding the Vendor Payment to be made by the Department.

Non-Appropriation means the failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Payment(s) means the amount(s) agreed to be paid by the Department to the Vendor for Services under the

PD means the Department’s Personnel Directives.

IW219426 Section A

Person means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, court or other tribunal, or government or any agency or political subdivision thereof.

Purchaser means the Department employee responsible for the non-technical administration of the Contract, as described in Section G.2.1.

Service Commencement Date means the date on which the Vendor shall begin providing Services at the Facility pursuant to the Contract.

Service Technician(s) means the vendor’s authorized representative(s) to perform services.

Services means a delivery by the Vendor of the requirements in accordance with the terms and conditions of this Contract.

Subcontractor means a person or organization that contracts under, or for the performance of part or the entire Contract between the Department and the Vendor. The subcontract may be direct with the Vendor or with another subcontractor.

TBCJ means the Texas Board of Criminal Justice.

TDCJ means the Texas Department of Criminal Justice, an agency of the State of Texas, hereafter referred to as the Department.

Term means the duration of the Contract.

URM means Unit Risk Manager.

Vendor means the individual, partnership or corporation who performs Services under this Contract.

Working Days means Monday through Friday, unless a national recognized holiday or other holidays observed by the Agency.

IW219426 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Bid Schedule

The TDCJ is seeking bids for pest control services for both interior and exterior areas at the Smith Unit.

Line Item Description Quantity Unit Cost Total Cost

001 Monthly Pest Control Interior 12 MO _________ ___________

- Inside the Facility

002 Emergency Service Calls 4 EA _________ ___________

003 Quarterly Pest Control Exterior 4 EA _________ ___________

- Kennel

004 Bi-Annual Pest Control Exterior 2 EA _________ ___________

- Three (3) unit pickets

- Mattress Factory

- Warden House

Commodity: 910-59

Prices must remain firm throughout the contract year, unless the square footage of the service area changes. The Department reserves the right to amend the purchase order to reflect changes in footage of the service area.

INTENTIONALLY LEFT BLANK

IW219426 Section C

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

Pursuant to Chapter 2155, Texas Government Code, the Department, is requesting bids for the procurement of pest control services for both interior and exterior areas at the Smith Unit.

C.2 GENERAL DUTIES AND OBLIGATIONS

The vendor shall provide pest control services to include inspection, extermination, and prevention measures on a monthly basis at the Texas Department of Criminal Justice (TDCJ) Facilities.

The Vendor shall provide services in accordance with applicable federal and state law, including all constitutional, legal and court ordered requirements, whether now in effect or hereafter effected or implemented.

The Vendor shall provide a Service Technician who is a Licensed Pesticide Applicator, a Commercial Applicators License is required.

The Vendor shall comply with TDCJ’s policies, procedures, personnel directives and regulations during the contract term, specifically PD-22 and PD-29, which is located on the TDCJ website at https://www.tdcj.texas.gov/division/hr/hr-policy/index.html.

The Vendor shall comply with the TDCJ’s safety requirements and reporting procedures.

It is the Vendor’s responsibility to coordinate with the Central Risk Management Office the amount of man hours necessary to cover the facility, per treatment. The treatment method used must be effective for no less than thirty (30) days after each application.

The Vendor shall determine the need for and provide any personal protective items required for the safe performance of work. Protective clothing, equipment, and devices shall comply with the Federal Insecticide, Fungicide, and Rodenticide ACT (FIFRA) and the specific pesticide labels.

A. Pest Control Services

1. Pest populations that are included under this Contract:

The Vendor is responsible for eradicating indoor populations of various pests, including rats, mice, bedbugs, cockroaches, fleas, ticks, mealworms, ants, flies, silverfish, centipedes, millipedes, earwigs, spiders, crickets, wasps, moths, and gnats.

This also includes incidental or occasional invaders entering from outdoors (such as bees, hornets, and wasps). Additionally, populations of these pests located immediately outside any facility, which could pose an infestation risk, fall under the Vendor’s responsibility. Furthermore, mosquitoes and other free-flying insects originating outdoors, as well as fleas and ticks in indoor areas, are covered by this

2. Pest populations that are excluded under this Contract:

Pest control options for populations of the following pests are considered special services and are not covered under this Contract:

• Birds, bats, snakes, and all other vertebrates other than commensal rodents

• Termites, and other wood-destroying organisms https://www.tdcj.texas.gov/division/hr/hr-policy/index.html

3. Insect Control

In addition to traditional pest control methods, the Vendor may use non-chemical methods of control whenever possible, for example:

• Exclusion and trapping devices such as bait stations, pheromone traps and sticky boards rather than pesticides wherever appropriate.

• Bait formulations shall be used for cockroaches and any control devices wherever appropriate. Bait shall be placed in areas inaccessible to employees and inmates.

4. Rodent Control

a. Outdoor Baiting

1) Rodenticide applications outside the building shall emphasize the direct treatment of rodent burrows whenever feasible. When rodent burrows cannot be located, exterior rodent control shall be accomplished with secured U.S. Environmental Protection Agency (EPA) registered tamper-resistant bait stations.

2) The Service Technician must check bait stations at each monthly visit and bait them as needed.

3) Bait is to be secured within the bait station and should be changed at least every 60 days to ensure effectiveness.

4) Tracking powder, mechanical traps, apple bait block, and glue boards may be needed for additional rodent control, at the Vendor’s expense.

b. Indoor Trapping

1) Rodent control inside occupied buildings shall be accomplished with bait stations.

2) The Service Technician must check bait stations at each monthly visit and re-bait them every 60 days to ensure effectiveness.

3) Each bait station must reflect action taken on the Pest Control Report each month.

4) The Service Technician shall dispose of rodents killed or trapped upon inspection during the regularly scheduled service date.

5) Trap-checking will be the responsibility of TDCJ personnel outside of the

Vendor’s regularly scheduled service date.

6) All bait stations, to include those owned by TDCJ, shall be maintained/replaced during the contract period.

B. Schedule of Services:

1. Services shall include the following:

a) All food service areas are to be treated every 30 days and include a complete intense “clean-out” treatment annually.

b) Areas inside the perimeter of the fence: all administrative areas, inmate housing, dining rooms, laundry, restrooms, halls, service closets, communication closets, crawl spaces, basements, pipe chases, storage areas, dormitories, cell blocks, visitation areas, trusty camps, gyms, chapels, day rooms, medical areas, barber shops, libraries, commissaries, mechanical rooms to be treated every 90 days. This service may be broken into three segments by treating 1/3 of the facility each month over a three (3) month period.

c) Areas outside the perimeter of the fence: warehouse, swine operations, beef plant, poultry house, cold storage, food service warehouse, cannery, regional distributions, kennels, farm offices, farm shops, regional administrative offices, feed mill, garden buildings, saddle house, heifer center, commissary office, horse barn, equine operations, vet warehouse, conference room, harvesting/combine, hay storage, grain bin, water treatment plant, sewer plant, BOQs, state housing, warden’s house, duplex, airplane hangar, armory, picket, visitation, transportation, club house, maintenance shop, freight terminal, training academy, tire retreading, old Wainwright building, garment factory, shooting range, metal fabrication, mechanical shop, bus repair, chair factory, cotton gin, vehicle repair shop, storage building, old pharmacy building, textile mill, mop and broom, furniture factory, gas garage, officer laundry, woodworking shop, computer recovery, graphics, license plate, sign and plastic. This service may be broken into segments of monthly, quarterly, biannual, yearly, and as requested.

d)Other areas: administrative building, Information Technology building, parole building.

e)Once service is scheduled it can only be cancelled or rescheduled by contacting the Central Risk Management Office.

C. Reporting to the Unit and Required Reports

1. The Vendor is responsible for reporting to the facility at the time of the scheduled service.

2. Upon reporting to the facility, the Service Technician will check-in, sign the Employee and Visitor Log, and the Unit Risk Manager (URM) shall meet them.

The URM will provide the Service Technician with the Unit Pest Control Report and the Sanitation Report for Master Kitchens.

3. The URM will escort the Service Technician throughout the facility and report to each office/building specified for treatment.

4. The Service Technician shall complete the Unit Pest Control Report, indicating check-in time, the area serviced, number of bait stations baited, method used, the pesticide used, and the rate/concentration or amount of material applied. These reports will become the basis for the proof of services rendered to qualify the Vendor for payment. The URM, Warden, Food Service Manager (if applicable) and Service Technician shall sign the report(s). The URM shall retain the original and provide copies to the Food Service Manager, the Service Technician, and the Central Risk Management Office.

5. No partial treatments of buildings shall be accepted unless the Service Technician can provide reasonable evidence to the URM that the infestation is localized within a specific area and will not spread beyond the area of treatment.

D. Emergency Service

1. The Vendor shall provide emergency services to treat infested areas upon request within seventy-two (72) hours of notification at an additional charge.

2. The Vendor’s emergency service number shall provide the facility access to the Vendor on a twenty-four (24) hour basis.

E. Inspections and Recommendations

1. During the monthly service the Service Technician shall perform inspections and provide detailed site-specific recommendations to the URM concerning repairs to the building(s), including any structural and procedural modifications that may be necessary to seal off entrance points of pests or rodents and for the removal of harborages and food supplies.

2. Indication or evidence of termites or other wood destroying organisms should be reported immediately to the URM.

F. Pesticides, Chemicals and Bait Traps

1. All pesticides shall be approved for application. In food handling/processing areas or for application in housing areas by the Texas Department of Agriculture (TDA) and the U.S. Environmental Protection Agency (EPA), used in strict accordance with the manufacturer’s label instructions, and all other appropriate Federal, State, County or Local Agencies that have jurisdiction.

2. The Vendor shall submit to the URM, a Safety Data Sheet (SDS) prior to any product(s) being used at the facility.

3. The Vendor shall provide current labels for all pesticides to be used as well as a list of pesticide application equipment, bait for rodent bait stations, pest monitoring devices, pest surveillance and detection equipment, and any other pest control devices or equipment that may be used to provide services.

4. The chemical compounds used to kill the pests will provide residual control for as long as may be reasonably expected, while still complying with the rotational requirement to avoid resistant populations of pests.

5. The Vendor must use chemicals compatible with human safety and be applied in such a manner to minimize risks to humans.

C.3 TECHNICAL SPECIFICATION TERMS

Catalogs, brand names or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised as a proprietary purchase under Government Code, Title 10, Subtitle D, Section 2155.067. If bidding on other than reference specification(s), bid should show manufacturer, brand, or trade name, and other description of product offered. If other than brand(s) specified is offered, 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 bidder to furnish specified brand names, numbers, etc.

IW219426 Section D

SECTION D – REQUIRED REPORTS AND CONDITIONS PRECEDENT TO AWARD

D.1 REPORTS REQUIRED FROM CONTRACTOR

DUE DATE REPORT ITEM AUTHORITY

MONTHLY

Monthly by the 5th day HUB Subcontracting Report

Contract, Section H.2.2, Exhibit J.2.

PROJECT COMPLETION

Due upon monthly completion of work Invoice Contract, Section G.3

OTHER

Prior to Service Commencement Date and upon renewal or replacement

Insurance Certificates Section H.1.3

Completed at end of every monthly visit

Unit Pest Control Report

Section C.2.C.4

D.2 CONDITIONS PRECEDENT TO AWARD

The following are conditions precedent to the Award being an enforceable contract. In the event these conditions are not met, this Award shall be null and void and of no force or effect, unless the TDCJ agrees in writing to the contrary.

The conditions precedent to the Award are:

1. Compliance with Section H. Special Contract Requirements, paragraph 1, Insurance

Requirements;

2. Compliance with Section K. Representations, Certifications and Other Statements of Bidders, paragraph 1, Historically Underutilized Business (HUB) Representation and Section H, Special Contract Requirements, paragraph 2.2, Historically Underutilized Business (HUB); and

3. Compliance with Section K. Representations, Certifications and Other Statements of

Bidders, paragraph 4.1, Disclosure of Interested Parties.

IW219426 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE OF SERVICES

A. The Department and other government regulatory agencies have the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term. The Department shall perform inspections in a manner that will not unduly interfere with the Vendor’s performance of services. The Vendor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable assistance for the safe and convenient performance of these duties.

B. From time to time the Department shall, subject to limitations provided by law with respect to rights of privacy, have the right to reasonably prompt access and to examine all records of the Vendor related specifically to the Services called for by this Contract, including financial records generated by the Vendor and its subcontractors in connection with the performance of this

C. If subject to the outcome of an audit or inspection, it is determined that the Vendor is in non-compliance with any provisions of this Contract, and/or that money is owed to the Department by the Vendor, then the Department may exercise its rights of recovery of money owed as authorized in Section G.4.3 of this Contract.

1. If any of the Services are non-compliant with the Contract requirements, as identified by the

Department, the Vendor shall be notified describing the specific areas of non-compliance.

The Vendor shall have a 20 Day period to file a written response detailing corrective action(s) taken to address all items of non-compliance. The response must include supporting documentation which verifies execution of corrective action(s) taken. Unless otherwise specified, or previously agreed to by the Department, the submission of a corrective action plan shall not be accepted as corrective action. For all items of non-compliance satisfactorily resolved by agreement between the Vendor and the Department, no further action regarding such items shall be taken. Any areas of non-compliance shall be corrected within 20 Days or by the date of the Department approved extension.

2. If any of the Services are non-compliant with the Contract requirements, as identified by a government regulatory agency, the Vendor must resolve all items identified as non-compliant by the deadline established by the agency.

E.2 INSPECTION BY STATE EMPLOYEES

A. The Department has the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term.

The Department shall perform inspections in a manner that will not unduly interfere with the Vendor’s operation. The Vendor shall furnish, and shall require subcontractors to furnish, at no increase in Contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

B. The Vendor shall provide entry at all times by the Texas Board of Criminal Justice

(TBCJ) and the Department’s authorized employees/agents for inspections and other official purposes. The Governor, members of the Legislature and all other members of the Executive and Judicial Departments of the State, as well as any other persons designated by the Department including Office of the Inspector General, shall be admitted to monitor the delivery of Services.

IW219426 Section E

E.3 AUTHORITY TO AUDIT

A. The Vendor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. The Vendor further agrees to cooperate fully with the SAO, or its successor, in the conduct of the audit or investigation, including providing all records requested.

B. The Vendor shall ensure that this Clause concerning the authority to audit funds received indirectly by subcontractors through the Vendor and the requirement to cooperate is included in any subcontract it awards.

C. The Vendor shall reimburse the State of Texas for all costs associated with enforcing this provision.

D. See Section H.5, Books and Records, concerning record retention.

E. Respondent will make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, and supporting documents kept current by Respondent pertaining to the contract for purposes of inspecting, monitoring, auditing, or evaluating by Agency and the State of Texas.

E.4 AUDITS BY OTHER AGENCIES

A. Upon receipt of audits or monitoring reports pertaining to the Services under this Contract that are conducted by agencies or entities other than the Department, the Vendor shall provide copies thereof to the Department within 30 Days. The Vendor shall provide to the Department copies of responses to audits and/or inspections within seven Days of issuance. Audits or inspections may include allegations or complaints involving operations or the Vendor and its employees (including consultants, independent contractors and their employees, agents, and volunteer workers).

E.5 FRAUD, WASTE OR ABUSE

A. In accordance with Texas Government Code, Chapter 321, the SAO is authorized to investigate specific acts or allegations of impropriety, malfeasance or nonfeasance, in the obligation, expenditure, receipt or use of State funds.

B. If there is a reasonable cause to believe that fraud, waste or abuse has occurred at this agency, it can be reported to the SAO by calling 1-800-892-8348 or at the SAO’s website at www.sao.texas.gov. It can also be reported to the TDCJ Office of the Inspector General at 1- 866-372-8329, the TDCJ Internal Audit Division at 936-437-7100, or Crime Stoppers at 1-800- 832-8477.

IW219426 Section F

SECTION F - DELIVERIES AND FREIGHT

F.1 DELIVERY ADDRESS

Delivery of pest control services shall be made to:

TDCJ Smith Unit 1313 County Road 19 Lamesa, TX 79331

F.2 PERIOD OF PERFORMANCE

Service is to commence September 01, 2025, and continue through August 31, 2026, with the option to renew for four (4) additional one (1) year options.

Base Period: 09/01/2025 – 08/31/2026

1st Renewal: 09/01/2026 – 08/31/2027

2nd Renewal: 09/01/2027 – 08/31/2028

3rd Renewal: 09/01/2028 – 08/31/2029

4th Renewal: 09/01/2029 – 08/31/2030

IW219426 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Purchaser will make their full text available.

Texas Government Code, Chapter 2251, Payment for Goods and Services

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, PURCHASER, AND CONTRACT

SPECIALIST

G.2.1 Purchaser

A. The Purchaser for this Contract is Carolyn Dahlen.

B. The telephone number for the Purchaser is (936) 437-3862.

C. The e-mail address for the Purchaser is carolyn.dahlen@tdcj.texas.gov.

D. The Purchaser is responsible for general administration of this Procurement and final issuance of written changes/modifications to this Procurement.

The Vendor shall provide an Authorized Representative for this Contract who shall be responsible for the overall management and coordination of this Contract and shall act as the central Point of Contact with the Department. The Authorized Representative shall have full authority to act for the Vendor in the performance of the required Services. The Authorized Representative, or a designated representative, shall meet with the Purchaser to discuss problems as they occur.

Respondent is hereby advised that this point of contact will not be recognized as or accepted in lieu of the “Authorized Signature” requirements.

A. The Vendor’s designated Authorized Representative for this Contract is _

B. The telephone number for the Authorized Representative is __________ .

C. The email address for the Authorized Representative is __________________.

G.3 INVOICE INSTRUCTIONS / REQUIREMENTS

G.3.1 Invoice Instructions

A. The invoice must be itemized with the description, unit price, unit of measure and extension exactly as listed on the purchase order.

B. Only items listed on the purchase order may be billed and paid for by the TDCJ.

C. Any changes to the purchase order are only valid upon receipt of a Purchase Order Change Notice (POCN) from the authorized purchaser.

D. Invoices must reference the purchase order number. Only one purchase order number shall be referenced on an invoice. (The purchase order number always begins with an “E”, e.g.

EX000123).

E. Vendor must supply a valid Payee Identification Number (PIN) on each invoice.

F. Invoices must be sent to the TDCJ Accounts Payable department at the following address:

TDCJ Accounts Payable P.O. Box 4018 Huntsville, TX 77342-4018

G. Only discounted invoices may be emailed. Discounted invoices must be emailed to tdcj.ap-invsvs@tdcj.texas.gov.

H. Separate invoices must be submitted for each completion of service.

I. Incorrect invoices will be returned to the vendor for correction.

G.3.2 Invoice Requirements

A. The Vendor’s Invoice shall include the following information.

1) Invoice Number and Date;

2) Company Name;

3) Purchase Order Number;

4) Time period invoice covers;

5) Remittance / Payment address;

6) Payee Identification Number (PIN);

7) Description, price, quantity of Services being billed;

8) Prompt payment discount, if applicable;

9) Itemized credits, if applicable; and

10) Supporting documentation.

B. The Vendor shall have 30 Days from receipt of Payment to submit a request for consideration to review any discrepancies or inaccuracies.

G.4 PAYMENTS

A. Payment shall be made 30 calendar days after the latter of (1) the date an uncontested invoice is received, (2) the date goods are received, and (3) the date services are completed. Refer to Texas Government Code, Chapter 2251.

B. Government Code 403.016 (c) (3) encourages state agencies to transmit payments to vendors through electronic funds transfer (Direct Deposit). To set up your account, contact agency Accounts Payable Branch at (936) 437-8761 or (936) 437-6357. Regardless as to whether Direct Deposit is chosen, upon Contract award the Vendor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the following address:

Texas Department of Criminal Justice Attention: Accounts Payable P.O. Box 4018 Huntsville, Texas 77342-4018 mailto:tdcj.ap-invsvs@tdcj.texas.gov mailto:tdcj.ap-invsvs@tdcj.texas.gov

If the Vendor has previously submitted a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the Department for another separate contract, another form is not required to be submitted as specified on Exhibit J.1 paragraph 9.

The form and instructions can be found at the following link on the TDCJ website:

https://comptroller.texas.gov/programs/systems/direct-deposit/. To enroll for advance notification of electronic funds transfer to your account, please contact the number listed above.

In the event the Vendor elects to decline Direct Deposit on the Vendor Maintenance Direct Deposit and Substitute W-9 Form, the Payment will be mailed to the following remittance address:

C. Payment information may be obtained by calling the Comptroller of Public Accounts toll free at

(800) 531-5441, ext. 3-3660 or in Austin, Texas, call (512) 463-3660 or to receive via fax, call

(512) 936-3461 or online at: https://fmx.cpa.texas.gov/fmx/payment/index.php. (Note: This address must be in lower case type in the address bar of your browser.) Vendors may select Option 3 (PIN not required) and enter their vendor identification number and 696 for the agency number.

D. Funds are not presently available for performance under this contract beyond the current fiscal year for which the contract becomes effective. (Note: a state agency's fiscal year begins September 1st and runs through August 31st). The TDCJ's obligation for performance of this contract beyond the fiscal year for which the contract becomes effective is contingent upon legislative approval and the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the TDCJ for any payment may arise for performance under this contract beyond the fiscal year for which the contract becomes effective until funds are made available to the TDCJ for performance and until the vendor receives notice of availability. Refer to Section I.2.6, Termination for Unavailability of Funds, for the TDCJ's right to terminate this contract in the event it is appropriated insufficient funds.

G.4.1 Late Payment

Any amount owed to the Vendor more than one Day beyond the date such amount is due as described in Section G.3 hereof shall accrue interest each Day that such amount is not paid at the rate specified by Texas Government Code, Section 2251.025, provided, however, that this provision shall not excuse failure by the Department to make Payment in strict accordance with this Contract.

G.4.2 Withholding of Payment

A. The Department shall have the right to withhold the Monthly Vendor Payment until the failures described below have been corrected:

1. Failure to submit reports as required in Section D;

2. Failure to respond to audit reports as set forth in Section E.1.C; and https://comptroller.texas.gov/programs/systems/direct-deposit/ https://fmx.cpa.texas.gov/fmx/payment/index.php

3. Failure to correct identified areas of non-compliance to the satisfaction of the Department within 20 Days upon receipt of written notification.

B. The Vendor agrees that the Department shall not pay interest to the Vendor for monies so withheld.

C. The Monthly Vendor Payment withheld shall be released upon the Department’s satisfaction that compliance has been achieved for 30 consecutive days.

D. With the exception of disputed issues, such withholding of final Payment by the Department shall not exceed 120 Days from the date of Contract termination.

G.4.3 Right to Offset

In the event the Department determines that the Vendor owes money to the Department under any contract or purchase order, the Department, upon providing the Vendor with written notice of its intent to offset, shall have the right to withhold monies due to the Vendor with respect to this Contract or purchase order or with respect to any contract or purchase order with the Department and apply such monies to the money due to the Department.

INTENTIONALLY LEFT BLANK

IW219426 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

The Vendor shall meet the following insurance and indemnification requirements per 16 Texas Administrative Code section 74.40:

A. Coverage shall protect the TDCJ against all claims arising from service performed by the Vendor.

B. The Vendor is not a covered individual for the purposes of worker’s compensation. Any treatment of injuries incurred while under this Contract is the responsibility of the Vendor.

C. The Vendor shall also maintain worker’s compensation insurance as statutorily required by the

State of Texas if the Vendor has non-contract employees working under this Contract.

D. If the Vendor hires an employee to perform any of the Services listed in this Contract, the Vendor shall provide an adequate plan of insurance that provides; (1) coverage to protect the State against all claims arising from the Services performed by the Vendor; (2) coverage to protect the State from actions by a third party against the Vendor or any subcontractor of the Vendor as a result of the Contract, and (3) coverage to protect the State from actions by officers, employees, or agents of the Vendor or any subcontractor(s). The Vendor shall maintain the following insurance coverage in full force and effect for the mutual protection and benefit of both the Department and the Vendor:

Type of Coverage Minimum Limits of Liability

Commercial General Liability $ 1 million General Aggregate (Combined Bodily Injury & $ 500,000 each occurrence Property Damage)

Automobile Liability $ 500,000 Combined single limit

Worker’s Compensation $ Statutory

The Vendor may provide the minimum coverage limits contained in an Excess or Umbrella Policy as recommended by the advice and counsel of the Vendor’s insurance provider.

H.1.1 The Vendor shall maintain insurance coverage for the mutual protection of both the Department and the Vendor against claims that may arise out of or result from the Vendor’s actions or operations hereunder, whether such actions or operations are by the Vendor or a subcontractor, or by anyone directly or indirectly employed by or acting on behalf of the Vendor or subcontractor where liability may arise for:

A. Name the Department and its officers, employees, and elected representatives as additional insured to all applicable coverages except Workers’ Compensation and Professional Liability.

B. Claims for damages because of bodily injury, occupational sickness or disease, or death of any

Vendor employees;

C. Claims for damages because of bodily injury, sickness or disease or death of any person other than the Vendor’s employees;

D. Claims for damages insured by usual personal liability coverage that are sustained by any person as a result of an act directly or indirectly related to the employment of such person by the Vendor, or by any other person;

E. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from;

F. Claims for damages based on violations of civil rights; and

G. Claims for damages arising from fire and lightning and other casualties.

H.1.2 The insurance required by this section shall be written for not less than any limits of liability specified by the Department or required by law, whichever is greater, and shall include contractual liability insurance as applicable to the Vendor’s obligations hereunder.

H.1.3 Certificates/policies of insurance shall be filed with the Department prior to execution of the Contract.

These certificates/policies shall contain a provision that coverage afforded under the policies shall not be canceled, non-renewed or materially changed except after 30 days written notice by Certified Mail to: Texas Department of Criminal Justice, Two Financial Plaza, Suite 703, Huntsville, Texas, 77340; Attn: Carolyn Dahlen. The Vendor shall provide proof of insurance coverage to the Department upon renewal of such.

H.1.4 The Vendor shall name the Texas Department of Criminal Justice and its officers, employees, and elected representatives as additional insured on applicable coverage’s, i.e., General Liability and Automobile.

H.1.5 All insurance coverage is to be provided by insurance carriers licensed to conduct business in Texas.

All insurance carriers shall be, at a minimum, rated “A-7” in Best’s Key Rating Guide.

H.1.6 Compliance with the foregoing insurance requirements shall not relieve the Vendor from any liability under the indemnification clause at Section I.5.

H.1.7 The Vendor agrees to waive subrogation against the Texas Department of Criminal Justice and its officers, employees and elected representatives for bodily injury (including death),property damage or any other loss on applicable coverage’s, i.e., General Liability, Automobile and Worker’s Compensation.

H.1.8 The Vendor agrees that the Vendor’s insurance is primary insurance as applicable to the Texas

Department of Criminal Justice, its officers, employees and elected representatives.

H.2 SUBCONTRACTORS

A. The Vendor may subcontract for the performance of any of its responsibilities to provide Services pursuant to this Contract.

B. No subcontract may be entered into unless the Department provides prior written approval, which approval may not be unreasonably withheld.

C. If a subcontractor is deemed to be needed for an event of an emergency nature, verbal approval may be obtained through an Authorized Department Representative. The Vendor shall submit a written request with supporting documentation for approval, by the Department, as soon as possible.

D. The Vendor shall furnish to the Department copies of all subcontracts, without regard to the amount of annual payments.

E. Any arrangement by the Vendor with an affiliate or member company to provide Services to the

Department shall be subject to the subcontractor provisions of this Section.

F. No contractual relationship shall exist between the Department and any subcontractor, and the

Department shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected by the Vendor.

G. The Vendor shall be responsible for the management of the subcontractors in the performance of their work.

H. A subcontractor may not work directly with the Department in any manner and shall not be included in Contract negotiations, renewals, audits, or any other discussions except at the request of the Department.

I. Unless waived in writing by the Department, the subcontract shall contain the following:

1. An acknowledgement that the subcontract is subject to the Contract between the Department and the Vendor (the “Master Contract”).

2. The subcontractor shall agree to comply with the terms of the Master Contract to the extent applicable with respect to goods and Services being provided under the subcontract. It is the intention of the parties of the subcontract that the subcontractor shall “stand in the shoes” of the Vendor with respect to fulfilling the duties and obligations of the Vendor to the Department under the Master Contract.

3. The Department’s approval of a subcontract does not relieve the Vendor of its duty to perform under the Master Contract.

4. The Department shall be deemed a “third party beneficiary” to the subcontract.

H.2.1 Insurance

The Vendor shall require all subcontractors to obtain, maintain, and keep in force insurance coverage in accordance with accepted industry standards and the Contract during the time they are engaged hereunder.

H.2.2 Historically Underutilized Business (HUB)

A. The Vendor shall make a good faith effort to award necessary subcontracts to HUBs in accordance with Texas Government Code, Sections 2161.181-182, 2161.252(b), and Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rule 20.285.

Pursuant to the Texas Comptroller of Public Accounts Rules, Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rule 20.285, the Vendor shall submit a HUB Subcontracting Plan (HSP) as part of the bid submission, as well as make a good faith effort to implement the HSP. The Vendor shall seek written approval from the Department prior to making any modifications to its HSP.

B. Bids must be submitted with completed HSP forms or bids shall be disqualified. It is strongly recommended that bidders contact the TDCJ HUB department for assistance in completing the HUB Subcontracting forms. The TDCJ HUB department contacts are Jemelle Spivey, (936) 437- 3774, Yolanda Crawford, (936) 437-3777, and email address: hub@tdcj.texas.gov.

C. A detailed description of the HSP and required forms to be submitted with the bid submission are included as Exhibit J.2.

D. The Vendor shall provide notice to all subcontractors of their selection as a subcontractor for this Contract. The notice must specify, at a minimum, this Agency's name, the name of the Contract Developer, this Contract's assigned Contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract and the expected percentage of this Contract's total value that the subcontract represents. A copy of the notice shall be provided to the Contract Developer no later than 10 working days after this Contract is awarded.

E. Vendor shall submit to the Purchaser monthly (by the fifth [5th]) of each month) a Prime Vendor

Progress Assessment Report, which is included in Exhibit J.2.

H.3 MINIMUM QUALIFICATIONS

The Department has established the following criteria as minimum Contractor (business entity) qualifications to be eligible to submit a proposal for this Solicitation.

A. The Respondent must provide Pesticide Applicator Licenses for each service technician performing the work.

B. The Respondent must provide their Commercial Applicators License.

C. The Respondent must possess the ability to obtain the minimum commercial insurance required by this Solicitation.

D. The Respondent must possess the ability to commence services without financial assistance from the Department.

G. The Respondent must have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

H. The Respondent must be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Respondents from business entities not meeting these qualifications shall be disqualified from further consideration.

H.4 SAVE FOR LATER USE

H.5 BOOKS AND RECORDS

All records and documents pertinent to the Services contracted hereunder shall be kept for a minimum seven years after the expiration or termination hereof. If any litigation, claim, or audit involving these records begins before the retention period expires, the Vendor must continue to retain said records and documents until all litigation, claims, or audit findings are resolved, meaning that there is a final Court Order from which no further appeal may be made, or a written agreement is entered into between the Department and the Vendor.

H.6 ORGANIZATIONAL AND NAME CHANGE

The Vendor shall submit written notification to the Department within 30 Days of any changes in the Vendor’s name, address, telephone number, facsimile number and/or e-mail address with an effective date of such change. The Vendor shall submit to the Department a copy of any registration “to do business as,” “DBA,” or “also known as,” “AKA,” and any legal corporate name change filed with the Secretary of State.

H.7 FREE EXERCISE OF RELIGION

The Vendor is prohibited from substantially burdening an employee’s Exercise of Religion.

H.8 SECURITY

The Vendor’s employees and representatives, vehicles and equipment must be under security surveillance at all times and are subject to inspection at any time while on state property. The Vendor agrees to abide by all Department Policies and unit rules and regulations on state property.

These rules, in part, prohibit the introduction of alcohol, narcotics, weapons, gambling paraphernalia, pagers and cellphones to any state property. This includes having these items in personal vehicles of on-site employees. The Vendor’s employees may not carry more than $25.00 in cash into any Department Facility.