ESBD_434440_1752149284499_HHS0016467_Invitation for Bid.pdf

PCS 137 - GOODS

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Cecile E. Young, Executive Commissioner

Richmond State Supported Living Center

Invitation for Bids (IFB) for

Kitchen Supplies

IFB No. HHS0016467

NIGP Class/Item No(s): 165-07

Procurement Schedule - All Times are Central Time Reference Section 2 for further information

IFB Date Posted to ESBD July 10, 2025

Questions or Clarifications Submission Deadline July 14, 2025, 10:30 AM

Responses to Questions or Clarifications - Addendum posted on the ESBD

July 14, 2025, 4:00 PM

Response Deadline: Responses to this IFB must be received July 24, 2025, 10:30 AM

Anticipated Contract Start Date September 01, 2025

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Table of Contents 1 Introduction and Purpose of IFB

1.1 Authority

1.2 No Guarantee of Volume, Usage or Compensation

1.3 Negotiation, Exceptions or Assumptions

1.4 IFB Components

2 Procurement Schedule

3 Withdrawal or Amendment of Response

4 HHSC Overview

5 Definitions

6 General IFB Information

6.1 Sole Point of Contact and Communications

6.2 Exception to the Sole Point of Contact

6.3 Binding Offer Period

6.4 Costs Incurred

6.5 Changes, Modifications and Cancellation

6.6 Ambiguity, Conflict, Discrepancy

6.7 IFB Questions or Clarifications

6.8 Notification of Addenda or Cancellation

7 Scope of Work (SOW)

7.1 Specifications

7.2 Delivery Guidelines

8 HUB Subcontracting Plan (HSP) Requirements

9 Pricing Information

9.1 Pricing Structure

9.2 Price Adjustments

10 Changes to The Contract

11 Contract Term

11.1 Term of Contract

11.2 Initial Contract Term:

11.3 Extension Option

12 Contract Administration/ Purchase Order Administration

12.1 Contract Manager/Program Lead

12.2 Performed Services Monitoring

12.3 Performance Reporting

12.4 Contractor Response to Notification of Non-Material Deficiency

12.5 Corrective Action Plan (The Plan)

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12.6 Performance Issues

12.7 Public Information Act – Bidder Requirements Regarding Disclosure

12.8 Bidder Waiver – Intellectual Property

13 Invoicing and Payment

13.1 Bill-to Address

13.2 Invoice Information

13.3 Payment

13.4 Invoice Submission

13.5 Disputed Invoice(s)

14 Screening of Responses

14.1 Administrative Screening

14.2 Irregularities

15 Evaluation

15.1 Evaluation of Responses

15.2 Conformance with State Law for Evaluation

15.3 Specific Evaluation Criteria

16 Award

17 Standards of Conduct for Vendors

18 Disclosure of Interested Parties

19 Protest Procedures

Appendix A – Submission Instructions and Response Checklist

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1 Introduction and Purpose of IFB

The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers IFBs for HHS.

HHSC PCS is seeking competitive bids to establish contract(s) for Various Kitchen Furnishing and Supplies.

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this IFB.

To be considered for award, Bidders must submit a comprehensive Response which includes all required information and documentation as outlined in this IFB to ensure the Bidder meets all requirements, possesses the required experience and qualifications, and has the capacity to provide the goods and/or services described in this IFB. See Appendix A, Submission Instructions and Response Checklist.

1.1 Authority

HHSC is soliciting the goods and/or services stated in this IFB under Texas Government Code 2156.063.

1.2 No Guarantee of Volume, Usage or Compensation

HHS Agency does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this IFB. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

1.3 Negotiation, Exceptions or Assumptions

Negotiations are prohibited under the IFB procurement method under most circumstances, and even then, the scope of permissible negotiations is limited and may not result in a material change to the scope of work or specifications as advertised in this IFB.

Bidders should NOT submit exceptions to this IFB which could result in disqualification of a Response. No changes to a Response can be made after the submission deadline.

No assumptions should be included in a Response. The inclusion of assumptions could result in disqualification of a Response. Instead, a Bidder should advance assumptions and seek clarification of a section of this IFB, any Exhibits or attachments, in the form and manner required in Section 6.7 IFB Questions or Clarifications.

1.4 IFB Components

This IFB includes the following items:

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• PCS 137 IFB (this document)

• Exhibit A – HHS Solicitation Affirmations

• Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

• Exhibit C – Pricing Sheet

2 Procurement Schedule

The Procurement Schedule dates on the cover page of this IFB are tentative. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule or as changed via an Addendum. Every Bidder is solely responsible for ensuring its Response is received by HHSC before the Response Deadline in accordance with all requirements regarding submission. HHSC is not responsible for lost, misdirected or late Responses.

By submitting a Response, the Bidder represents and warrants that the individual submitting the Response, inclusive of the documents made part of the Response, is authorized to sign on behalf of the Bidder, and to bind the Bidder under any Contract that may result from this IFB.

3 Withdrawal or Amendment of Response

Bidders may withdraw or amend their Responses at any time prior to the Response Deadline by e-mailing the point of contact listed in Section 6.1 (Sole Point of Contact and Communications).

The e-mail subject line for withdrawal or response amendment should contain the IFB number as indicated on the cover page of this IFB. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

4 HHSC Overview

The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 531, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies.

PCS administers the procurement process, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each HHS program, http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm

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5 Definitions

Unless the context clearly indicates otherwise, throughout this IFB, the definition given to a term below applies whenever the term appears in this IFB, in any Response (Bid) submitted in response to this IFB, and in any Contract awarded as a result of this IFB. All other terms have their ordinary and common meaning.

a) Addendum – A written clarification or revision to this IFB issued by HHSC.

b) Bidder – The entity or individual that submits a response to this IFB. Includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.

c) Contract –The signed Purchase Order or Signature Document, the Uniform Terms and Conditions, Affirmations, along with any Attachments, Exhibits and any Amendments, purchase orders, or Work Orders that may be issued by HHSC, to be incorporated by reference for all purposes as a result of this IFB.

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Purchase Order or other Contract to provide the services or goods as a result of this IFB.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).

g) Deliverables – The services or goods specified in this IFB and any resulting Contract that the Contractor shall perform or deliver to the HHS Agency.

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: https://www.txsmartbuy.com/esbd.

Note: The Texas Comptroller of Public Accounts (CPA) recommends utilizing Google Chrome when navigating CPA websites.

i) Exhibit – A document, included as an attachment to this IFB, which provides terms and conditions, additional requirements and information related to this IFB.

j) HHS Agency - HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized http://www.txsmartbuy.com/sp https://www.txsmartbuy.com/esbd

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k) IFB - This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Invitation for Bids.

l) NIGP (The National Institute of Governmental Purchasing (NIGP) Commodity Book) – The Class-Item numbering and descriptions used by state agencies to properly code services or products for a procurement.

m) Purchase Order – A legally enforceable agreement issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide under any Contract resulting from this IFB.

n) Response – All information and materials submitted by a Bidder in response to this IFB.

May also be referred to as Bid or Bid Response.

o) Respondent – A term interchangeable with Bidder.

p) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this IFB and any resulting Contract which the Contractor is required to provide.

q) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

r) Texas Identification Number (TIN) – The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number. Further information regarding this number may be accessed via the CPA Fiscal Management TexPayment Resource web page at:

https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p =payee_numreq.

s) Unit of Measure – The set unit of measure (UOM), included on the Pricing Sheet, used for payment of the services under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

t) Unit Rate – The set rate per the unit of measure (UOM) used for payment of the services, included on the Price Sheet, under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

u) Vendor – A business entity or individual that supplies services or goods and may be a potential Bidder to this IFB.

https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq

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6 General IFB Information

6.1 Sole Point of Contact and Communications

The HHSC PCS Sole Point of Contact for inquiries concerning this IFB is:

Lilly Farris CTCD

Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756 lilly.farris@hhs.texas.gov

Bidders shall NOT use the e-mail address above for submission of a Response to this IFB. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this IFB, by e-mail to the HHSC PCS Sole Point of Contact named in Section 6.1 (Sole Point of Contact and Communications); communications by phone will not be accepted except for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation.

All other communications between a Bidder and HHS agency staff concerning this IFB are prohibited. In no instance is a Bidder to discuss cost information regarding this IFB with the HHSC PCS Sole Point of Contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. See also Section 6.2 (Exception to Sole Point of Contact) below.

This restriction (as to only communicating in writing with the HHSC Sole Point of Contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this IFB.

6.2 Exception to the Sole Point of Contact

The only exceptions to the Sole Point of Contact, if expressly directed by the Sole Point of Contact, another designated System Agency representative.

6.3 Binding Offer Period

By submitting a Response to this IFB, Bidder agrees that its Response will remain a firm and binding offer for 240 days, as stated in the HHS IFB Affirmations (Exhibit A).

mailto:lilly.farris@hhs.texas.gov

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Bidder may extend the time for which its Response will be firm and binding and include the extended period in the Response.

6.4 Costs Incurred

Bidder understands that issuance of this IFB or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for costs incurred in preparing and submitting a response, including, but not limited to, preparing for or participating in a vendor conference or site visit.

Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this IFB.

6.5 Changes, Modifications and Cancellation

HHSC reserves the right to change, amend, or modify this IFB prior to the Response Deadline indicated in the Procurement Schedule (cover page of this IFB). Changes, amendments and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with the Notification of Addenda or Cancellation, Section 6.8.

HHSC reserves the right to cancel this IFB at any time. The notice of cancellation will be in accordance with the Notification of Addenda or Cancellation, Section 6.8.

6.6 Ambiguity, Conflict, Discrepancy

Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB in the manner and by the deadline for submitting questions.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the IFB and any resulting contract,

b) shall not contest the interpretation by HHSC of such provision(s), and

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

6.7 IFB Questions or Clarifications

HHSC will allow questions and requests for clarification regarding this IFB if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement

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Schedule (cover page of this IFB) or deadlines established in subsequent Addenda. Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page of this IFB) through a new Addendum. The notification will be processed in accordance with the Notification of Addenda or Cancellation, Section 6.8

6.7.1 Submission of Questions or Clarifications

All questions and requests for clarification must be submitted by e-mail and include the following information:

a) IFB Number and Title of IFB (cover page of this IFB) must be included in the e-mail subject line and in the e-mail body,

b) Section or Paragraph number from this IFB,

c) Page Number of this IFB,

d) Exhibit name, Section or Paragraph, page number from the Exhibit,

e) Language, Topic, Section Heading being questioned or requested for clarification,

f) Requestor Contact Information must be included in the body of the e-mail.

Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page of this IFB), or deadlines established in subsequent Addenda, may be reviewed by HHSC but will not be answered.

6.8 Notification of Addenda or Cancellation

6.8.1 Addenda Notification

All addenda will be posted to the ESBD. It is the responsibility of each potential Bidder to monitor the ESBD for any Addenda affecting this IFB. Failure to check the ESBD will in no way release any potential Bidder or awarded Contractor from the requirements of posted Addenda.

No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this IFB, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

6.8.2 Cancellation Notification

HHSC reserves the right to cancel this IFB at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this IFB.

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7 Scope of Work (SOW)

7.1 Specifications

The required goods to be provided are Various Kitchen Supplies. See Pricing Sheet, Exhibit C for complete details.

7.1.1 Equal Products

The information identified above is intended to be descriptive, not restrictive, and to indicate the quality and characteristics of products that will be satisfactory. If bidding other than specified brand or part number, bidder must include with bid sufficient literature to allow evaluation of the items. Failure to provide literature with bid response may be cause for not considering for an award.

7.1.2 Reworked Products

REWORKED PRODUCTS, PRODUCTS PREVIOUSLY REFUSED FOR DELIVERY OR SECONDS WILL

NOT BE ACCEPTED. Unauthorized substitutions prohibited. No substitutions, including product code number changes, shall be made unless the vendor has obtained prior written approval from HHSC Purchaser prior to shipment. Cost of substitute items shall be the same as the cost for the awarded item. Substitutions must meet or exceed the specifications written in the item description as published in this Solicitation.

7.2 Delivery Guidelines

a) Observe all posted speed limits. Speed limits are strictly enforced.

b) Observe all stop signs and other traffic controls.

c) Parking must be in area designated by Warehouse staff.

d) Vehicles must be locked, and keys removed at all times when unattended.

e) Pedestrians have the right-of-way at all times. Drive with extreme caution and be prepared to cope with unexpected circumstances.

f) Firearms and alcoholic beverages are forbidden on campus.

g) Tools and equipment must be properly secured at all times.

h) No smoking.

i) Contact with residents is forbidden. Do not offer cigarettes, matches, lighters, food or money to residents.

j) If you require assistance with a resident, notify Facility staff.

7.2.1 Carton Labeling/Pallet Labeling

a) At a minimum, product must be labeled on outer carton with the following information:

b) Description of Contents

c) Agency Purchase Order #

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d) Quantity per Carton

e) At a minimum, pallets must be shrink wrapped and labeled.

f) It is required that vendor contact the Point of Contact specified on the issued PO to set up a delivery appointment.

g) Deliveries are to be made between 8:30 AM and 4:00 PM on date specified, but not between 11:00 AM and 1:00 PM to the address specified on the issued PO.

h) The vendor is responsible for payment of any additional charges by the contract warehouse (such as overtime, blast freezing, lowering temperatures, re-stacking;

second delivery due to split delivery quantity [unless requested by HHSC], unloading charges, etc.).

i) ALL deliveries shall arrive ON TIME as requested by HHSC. It is the awarded vendor’s responsibility to contact the Point of Contact specified on the issued PO if unforeseen circumstances arise that may cause a delivery to be late.

j) HHSC reserves the right to purchase late items on an emergency basis and charge any resulting increase in price to the awarded vendor.

k) On orders calling for multiple deliveries, awarded vendor will be notified in writing by HHSC approximately four (4) weeks prior to requested delivery date.

l) Orders must be delivered complete. Items delivered must be the item bid. Mixing of brands of items will not be allowed. Split deliveries will not be accepted, unless requested.

m) Products delivered that fail to meet specifications or are not the actual item(s) awarded on the contract shall be rejected or returned at the vendor's expense. Vendor will reimburse the agency for cost of storage and handling fees incurred at the contracted storage facility and any cost to pick up and return product delivered to individual facilities. Any cost incurred to verify compliance with these specifications will be the responsibility of the vendor if product is found not to be in compliance. This may include but is not limited to laboratory tests.

7.2.2 Receiving Products

The Agency will ensure product received is the same as awarded item. Product that is not the awarded contract item, or product that is damaged or otherwise not in good condition, will be refused. Instances of damaged case goods, the Agency will accept the product that is in good condition and return the portion of the shipment that is damaged. If shortages occur due to refusal of damaged products or otherwise at the fault of the vendor, The Agency may purchase needed items locally on an Emergency Purchase Basis. The awarded contract vendor shall be responsible for the difference in cost, if any, between the contract item and the emergency purchase items. Should the Agency determine an awarded product does not meet the specifications listed the Agency will immediately contact the vendor to attempt resolution. If not resolved, the Agency will contact the HHSC Buyer and HHSC Contract Manager. The Agency will retain the product case, label intact, under appropriate storage conditions until product is secured for further investigation.

7.2.3 State Holidays

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The state holidays observed are maintained by the State Auditor’s Office and may be accessed at: https://hr.sao.texas.gov/Holidays. HHS Agency does not require services to be performed on the “All agencies closed” holidays and any exception will be provided in writing to the Contractor. HHS Agency requires services to be performed for “Optional Holidays” or “Skeleton Crew Required” holidays.

To fulfill the required services, as applicable, the Contractor may perform the services on a holiday observed by HHS at NO additional expense to the HHS Agency.

Authorized services performed by Contractor on a state holiday will be invoiced at the Contract rate for Outside Regular Hours.

7.2.4 Contractor Responsibilities

The Contractor(s) is solely responsible for the performance of all services and requirements referenced in Section 7.1, Scope of Work and this IFB.

Contractor will not be relieved of its obligations for any nonperformance by its employees or Subcontractor(s).

a) The Contractor shall furnish all labor, tools, transportation, equipment, materials, and supplies, as necessary, to perform the services and/or provide the goods, as required.

b) The Contractor shall be responsible for supervision of its employees and Subcontractor employees, together with clean up and proper disposal of any site work waste.

7.2.5 Telephone Service

The Contractor shall have an active telephone service answered during normal business hours.

Normal business hours are between 8 a.m. and 5 p.m. Monday through Friday, unless otherwise stated in the IFB.

8 HUB Subcontracting Plan (HSP) Requirements

The Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD) administers the Historically Underutilized Business (HUB) Program in accordance with Chapter 2161, Texas Government Code, and Title 34,TAC Part 1, Chapter 20, Subchapter D, Division 1 Rules §20.281 to §20.298, . The HUB Program rules may also be accessed at:

https://comptroller.texas.gov/purchasing/vendor/hub/.

It is the policy of HHSC to promote and encourage contracting and subcontracting opportunities with State of Texas-certified Historically Underutilized Businesses (HUBs). Information regarding the HHSC Policy on Using HUBs may be accessed at: https://hhs.texas.gov/doing-business-hhs/contracting-hhs/historically-underutilized-business-opportunities-program.

https://hr.sao.texas.gov/Holidays https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=20&division=1&interface=VIEW_TAC&part=1&subchapter=D&title=34 https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=20&division=1&interface=VIEW_TAC&part=1&subchapter=D&title=34 https://comptroller.texas.gov/purchasing/vendor/hub/ https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program

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9 Pricing Information

9.1 Pricing Structure

Prices offered, as part of the Bidder’s response, must be firm, fixed prices for the life of the Contract.

The pricing must be submitted only using Exhibit C - Pricing Sheet based on the description and the unit of measure(s) provided for each line item. The unit prices must include all IFB requirements, including, but not limited to, labor, equipment, materials, supplies and all related expenses.

9.2 Price Adjustments

Contractors are required to immediately implement any price decrease that become available during the Contract term. Contractor must notify the designated HHSC Contract Manager in writing so that a Purchase Order Change Notice or Contract Amendment may be processed. The Contractor will be provided the HHS Agency Contract Manager contact information upon award.

9.2.1 Price Adjustment Index

Price adjustments are not automatic. Prices only may be adjusted at the sole discretion of

HHSC.

HHSC may permit price adjustments when correlated with the index as specified below and as published by the Bureau of Labor Statistics (BLS), Region VI, Washington, DC 20212.

BLS Website: https://data.bls.gov/cgi-bin/srgate

CPI-W Urban Wage Earners and Clerical Workers – Series ID: CWURR0000AA0:

https://data.bls.gov/timeseries/CWUR0000AA0

CPI-U All Urban Consumers – Series ID: CUUR0000AA0 https://data.bls.gov/timeseries/CUUR0000AA0

When using the most recent monthly information from the index, the following applies:

A = Index from the month of the Response Deadline of this IFB, OR

The effective date/month of the last approved price increase or renewal option exercised whichever is later.

B = Current or latest baseline index

The allowable percent change must be calculated as follows:

B-A ÷ A x 100% = Percent of allowable price increase or decrease https://data.bls.gov/cgi-bin/srgate https://data.bls.gov/timeseries/CWUR0000AA0 https://data.bls.gov/timeseries/CUUR0000AA0

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Failure by the Contractor to calculate this formula and provide any supporting documentation will not be considered a properly submitted price increase request and will result in rejection of the price increase request.

The Contractor may offer price decreases in excess of the allowable percent change at any time during the term of the Contract.

9.2.2 Price Adjustment Requests

The Contractor must provide, in writing to the HHS Agency Contract Manager, a request for a price adjustment. The adjustment request must use the index and formula identified in Section

9.2.1 (Price Adjustment Index). Only contracts with renewals are eligible for CPI increases and must be completed prior to the start of the renewal period.

Contractor must provide supporting documentation to justify any price adjustment. Any request submitted that fails to use the formula above for calculating a price adjustment will not be considered a complete, properly submitted request and will be rejected. Additionally, any request submitted that does not include supporting documentation will not be considered a complete, properly submitted price adjustment request and will be rejected.

The HHS Agency reserves the right to accept or reject the request for a price adjustment. The Contractor will receive written notification, through a Purchase Order Change Notice or Contract Amendment, from the HHS Agency Contract Manager documenting action taken, to include effective dates, for any adjustments approved.

9.2.3 Discounts

If Contractor at any time during the term of the Contract provides a discount on the final contract costs, Contractor will notify HHSC in writing at least ten (10) calendar days prior to the effective date of the discount. HHSC will generate a Purchase Order Change Notice or other Contract Amendment and send a revised Purchase Order or amended Contract to Contractor.

9.2.4 Federal Minimum Wage Adjustments

Contractor may request a price adjustment based on an increase in the Federal Minimum Wage Rate, published by the U.S. Department of Labor (USDOL), if applicable.

The request must be submitted to the HHS Agency Contract Manager in writing and include supporting documentation from the USDOL reflecting the increase and the effective date of the increase. HHSC reserves the right to accept or reject the request for an increase.

The effective date for an increase, if approved, will be based on the date of approval by the HHS Agency. Retroactive increases will not be allowed or approved if the USDOL effective date is prior to the date the written request is received by HHSC. Notification of an approved increase in the Contract rate will be provided through a Purchase Order Change Notice or Contract Amendment from the HHS Agency Contract Manager to include the new unit price and effective date for the increase.

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10 Changes to The Contract

Following award, additional services, or changes, within the scope, or parameters of this IFB, will be added/removed via Purchase Order Change Notice (POCN) or Contract Amendment approved by the HHS Agency and the Contractor.

11 Contract Term

11.1 Term of Contract

The awarded Contract will be effective on the date the Contract is issued and will expire based on the schedule for delivery of services as outlined in this IFB or by the date or delivery days after receipt of order (ARO) provided by the Bidder.

11.2 Initial Contract Term:

Any contract resulting from this IFB will begin September 1, 2025, and expire August 31, 2026.

11.3 Extension Option

The HHS Agency, at its sole option and subject to availability of funding, may extend the term of the Purchase Order or other Contract beyond the initial term and all exercised renewal periods for up to one (1) year as necessary to ensure continuity of service, to process a new IFB, to secure a new contract, for purposes of transition to a new Contractor, or as otherwise determined by the HHS Agency.

This extension, if exercised, will require the Contractor to continue performing services in accordance with the Purchase Order Change Notice (POCN) or other Contract Amendment, Contract requirements and all terms and conditions.

12 Contract Administration/ Purchase Order Administration

12.1 Contract Manager/Program Lead

An HHS Agency Contract Manager or Program Lead will be designated, and the contact information will be provided to the Contractor.

After award of any Contract resulting from this IFB, all communications related to the Contract and requests for changes to the Contract will be processed through the designated HHS Agency Contract Manager.

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12.2 Performed Services Monitoring

a) The HHS Agency Contract Manager or designee will monitor all work performed by Contractor and shall regularly communicate with the Contractor to address questions, concerns, or progress.

b) It is important that the Contractor performs all duties and requirements as stated.

Failure to do so may result in termination of the Contract.

c) All services and deliverables must meet or exceed the required levels of performance specified in this IFB.

d) Contractor will be notified by the HHS Agency Contract Manager or designee in writing to correct any service or portion of a service. The Contractor shall take immediate action to correct the service or portion of a service at no additional cost to the HHS Agency.

The Contractor shall notify the HHS Agency Contract Manager or designee upon completion for HHS Agency inspection and acceptance, as applicable.

12.3 Performance Reporting

The HHS Agency Contract Manager is required to report vendor performance for purchases over $25,000 through the Texas Comptroller of Public Accounts (CPA) Vendor Performance Tracking System (VPTS). The VPTS reporting is required throughout the life of a contract and not just at its conclusion. HHSC PCS, at its sole discretion, may submit reports in the VPTS on Contracts under $25,000. The VPTS information and report search may be accessed at:

https://www.txsmartbuy.com/vpts

Performance Notification – Non-Material Deficiency

The HHS Agency may notify Contractor in writing of specific areas of the Contractor’s performance that fail to meet performance expectations, standards, or schedules, but that, in the determination of the HHS Agency, do not result in a material deficiency or delay in the implementation or operation of the services.

12.4 Contractor Response to Notification of Non-Material Deficiency

The Contractor shall, within three (3) business days (or another date approved by the HHS Agency) of receipt of written notice of a non-material deficiency, provide the HHS Agency Contract Manager a written response that:

a) Explains the reasons for the deficiency, the Contractor’s plan to address or cure the deficiency, and when the deficiency will be cured.

The Contractor’s noncompliance or failure to timely correct the deficiency may result in delayed payment or non-payment as determined by the HHS Agency.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://www.txsmartbuy.com/vpts

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12.5 Corrective Action Plan (The Plan)

At its discretion, the HHS Agency may require the Contractor to submit a detailed written Corrective Action Plan and include how the Contractor will correct or resolve a performance issue, deficiency, or a breach of this Contract.

The Plan, at a minimum, must include, but is not limited to:

a) A detailed explanation of the reasons for the cited deficiency,

b) The Contractor’s assessment or diagnosis of the caus, and

c) A specific proposal to cure or resolve the deficiency to include a timeline for implementation.

The Plan must be submitted by the deadline set forth in the HHS Agency’s request.

The Plan is subject to HHS Agency approval.

12.6 Performance Issues

The Contractor shall be required to correct all performance issues reported by the HHS Agency Contract Manager within 48 business hours. The Contractor shall provide a written report detailing the performance issue(s) and resolution. The HHS Agency’s Contract Manager will report/discuss performance deficiencies with the Contractor and seek to achieve resolution of the issues.

12.7 Public Information Act – Bidder Requirements Regarding Disclosure

Proposals and contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be released to the public upon request. The HHS Agency also is required to post certain contracts and IFB responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

If Bidder asserts that information provided in its IFB Response is exempt from disclosure under the PIA, Bidder must:

a) Mark Original Proposal

1. Mark the Original Proposal, on the top of the front page, with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

2. Identify, adjacent to each portion of the IFB Response, that Bidder claims is exempt from public disclosure, the claimed exemption from disclosure (NOTE: no redactions are to be made in the Original IFB Response).

b) Certify in Original IFB Response - HHS IFB Affirmations (attached as Exhibit A to this

IFB)

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

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Certify, in the designated section of the HHS IFB Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy; and

c) Submit Public Information Act Copy of Response

i. Submit a separate “Public Information Act Copy” of the Original Response (in addition to the original and all copies otherwise required under the provisions of this IFB). The Public Information Act Copy must meet the following requirements:

ii. The copy must be clearly marked as “PUBLIC INFORMATION ACT COPY” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

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

iv. Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (c) of this section must be identical to those set forth in the Original Response as required in Subsection (a)(2), above. The only difference in required markings and information between the Original Response and the “Public Information Act Copy” of the response will be redactions - which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Response.

By submitting a response to this IFB, Bidder agrees that, if Bidder does not mark the Original IFB Response, provide the required certification in Exhibit A: HHS Solicitation Affirmations, and submit the Public Information Act Copy, Bidder’s IFB Response will be considered to be public information that may be released to the public without notice to the Bidder in any manner including, but not limited to, in accordance with the Public Information Act, posted on the HHS Agency’s public website, and posted on the Legislative Budget Board’s public website.

If any or all Bidders submit partial, but not complete, information suggesting inclusion of confidential information and fail to comply with the requirements set forth in this section, HHSC, in its sole discretion, reserves the right to (1) disqualify all Bidders that fail to fully comply with the requirements set forth in this section, or (2) to offer all Bidders that fail to fully comply with the requirements set forth in this section additional time to comply.

Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and may make the entire IFB Response subject to release under the PIA.

IFB Responses should not be marked or asserted as copyrighted material. If Bidder asserts a copyright to any portion of its proposal, by submitting a proposal, Bidder agrees to

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HHSC will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this IFB process, Bidder acknowledges that all information, documentation, and other materials submitted in the Response to this IFB may be subject to public disclosure under the PIA. HHSC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General. Bidders are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. HHSC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidders.

For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the most current Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX).

To access and download the current Public Information Act Handbook, visit the attorney general’s website at https://www.texasattorneygeneral.gov/open-government/members-pub

12.8 Bidder Waiver – Intellectual Property

SUBMISSION OF ANY DOCUMENT TO ANY HHS AGENCY IN RESPONSE TO THIS IFB

CONSTITUTES AN IRREVOCABLE WAIVER AND AGREEMENT BY THE SUBMITTING PARTY TO

FULLY INDEMNIFY THE STATE OF TEXAS AND THE HHS AGENCY FROM ANY CLAIM OF

INFRINGEMENT REGARDING THE INTELLECTUAL PROPERTY RIGHTS OF THE SUBMITTING

PARTY OR ANY THIRD PARTY FOR ANY MATERIALS SUBMITTED TO HHS BY THE SUBMITTING

PARTY.

13 Invoicing and Payment

HHS System Agency will make contract payments in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 governs remittance of payment and contractor remedies for late payment and non-payment.

13.1 Bill-to Address

The Contract or Purchase Order will include the appropriate bill-to address for the submission of invoices to any HHS Agency requesting services.

https://www.texasattorneygeneral.gov/open-government/office-attorney-general-and-public-information-act https://www.texasattorneygeneral.gov/open-government/members-pub

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13.2 Invoice Information

Invoices submitted to the HHS Agency must include the Contract or Purchase Order number and must describe the work completed, in detail, for which payment is requested. The detail of the work completed must comply with the Scope of Work and Pricing Sheet (see Exhibit C).

13.3 Payment

a) Payment will be made by the HHS Agency in accordance with the pricing provided on Exhibit C- Pricing Sheet. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

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

c) Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by the HHS Agency.

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

13.4 Invoice Submission

a) Contractor must submit invoices for services performed on a monthly basis or as otherwise indicated on the purchase order.

b) Separate invoices must be submitted for each service performed or deliverable, as applicable.

c) Failure to submit an accurate and valid invoice with all required information may result in delay of payment.

13.5 Disputed Invoice(s)

In accordance with Title 34 Texas Administrative Code, Rule §20.487(b), the HHS Agency will immediately return disputed invoices to the Contractor but in no event later than the 21st day after the HHS Agency receives the invoice. The HHS Agency reserves the right to dispute any portion of an invoice and will attempt to resolve the dispute with the Contractor in good faith.

The HHS Agency shall not be required to pay any disputed portion of an invoice until the dispute is resolved. Notwithstanding any such dispute, the Contractor must continue to perform the services and/or produce deliverables in compliance with the terms of the Contract.

Pending resolution of a dispute, the HHS Agency will continue to process payments for undisputed amounts and invoices to the Contractor.

https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F14%2F2025&recordId=208769

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14 Screening of Responses

Neither issuance of this IFB nor retention of Responses constitutes a commitment on the part of HHSC to award a Contract. HHSC reserves the right to reject any or all Responses and to cancel this IFB if HHSC, in its sole discretion, considers it to be in the best interests of HHSC to do so.

Retention of Responses by HHSC confers no legal rights upon any Bidder.

HHSC reserves the right to select qualified Bidders to this IFB with or without discussion of the Response with Bidders.

14.1 Administrative Screening

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

Appendix A – Submission Instructions and Response Checklist will be used to conduct the screening process.

HHSC reserves the right to ask questions or request clarification from any Bidder at any time during the screening process.

14.2 Irregularities

HHSC reserves the right to waive irregularities in a Response. An irregularity is an omission or error that, in HHSC’s determination if waived or modified when screening Responses, would not give a Bidder an unfair advantage over other Bidders or result in a material change in the Response or IFB requirements.

HHSC, at its sole discretion, may give a Bidder the opportunity to submit missing information or make corrections. The missing information or corrections must be emailed to the Sole Point of Contact, Section 6.1 (Sole Point of Contact and Communications) by the deadline set by HHSC.

Failure to respond before the deadline may result in HHSC’s rejecting the Response and the Bidder not being considered for award.

Note: Any disqualifying factor set forth in this IFB does not constitute an irregularity (e.g., Submission of Exhibit A HHS Solicitation Affirmations, and Exhibit C Pricing Sheet, which must be completed, signed, and submitted with the IFB Response) and will not be waived.

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15 Evaluation

15.1 Evaluation of Responses

It is understood that all Responses will become a part of HHSC PCS’ official procurement files and will be available for public inspection in accordance with the Texas Public Information Act after Contract award or the procurement has been cancelled.

HHSC reserves the right to conduct studies and other investigations as necessary to evaluate any Response.

15.2 Conformance with State Law for Evaluation

Responses shall be evaluated in accordance with Title 10, Subtitle D, Chapter 2155, Sections 2155.074, 2155.075(a), and 2155.144; and Chapter 2156, Section 2156.007, Texas Government Code; and Chapter 2157, Section 2157.003.

Sections 2155.074, 2156.007, and 2157.003 provide the Best Value Standard for the purchase of goods or services and for the award, which includes consideration of the purchase price and whether the Bidder meets all requirements of this IFB.

15.3 Specific Evaluation Criteria

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

All Responses will be…