ESBD_442575_1754077344209_1112121_Invitation for Bids.pdf

Contracting Branch | Infrastructure Division 4200 Smith School Road

Austin, Texas 78744

Invitation for Bids

Project No. 1112121

Bunkhouse Restroom Repairs

Black Gap Wildlife Management Area Brewster County, Texas

Class & Item Codes:

910-06, 910-51, 910-54, 910-60, 910-82, 912-40, FEDERALLY FUNDED PROJECT

Issue Date August 01, 2025

Bid Due Date 2:00 PM CT, August 29, 2025

Contract Manager: FAHIM RAHMAN, CTCD | CTCM Email: fahim.rahman@tpwd.texas.gov

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.01 Solicitation Objective

1.02 Pre-Bid Conference

1.03 Site Visit

1.04 Prohibited Communications

1.05 Deadline for Receipt of Bids

1.06 Submission of Bids (by email only)

1.07 Corrections, Deletions, or Additions to Bids

1.08 Execution of Bid

1.09 Public Opening of Bids

1.10 Basis of Award

1.11 Inquiries, Interpretations and Discrepancies

1.12 Addenda

1.13 Project Location

1.14 Project Scope

1.15 Construction Cost Estimate

1.16 Performance Period

1.17 Protest Procedure

SECTION 2 – SOLICITATION AND SELECTION INFORMATION AND REQUIREMENTS

2.01 Anticipated Solicitation and Selection Schedule

2.02 Legal Authority to Contract

2.03 Type of Contract

2.04 Public Information

2.05 Eligible Bidders

2.06 Offer Period

2.07 No Reimbursement for Costs

2.08 Owner Reservation of Rights

2.09 Essential Clauses, Affirmations & Additional Contract Requirements (ECACR)

2.10 Bid Security

2.11 HUB Subcontracting Plan

2.12 Insurance Requirements

2.13 Bonding Requirements

2.14 Terms and Conditions Attached to Bid

2.15 Construction Contracting Forms

2.16 Energy Policy and Conservation Act

2.17 Build America, Buy America (BABA) Act

2.18 U.S. Department of the Interior Certifications

SECTION 3 – EVALUATION, AWARD, AND REQUIRED SUBMITTALS

3.01 Evaluation General Information

3.02 Reservation of Rights

3.03 Minimum Qualifications

3.04 Vendor Performance Tracking System

3.05 Procedures in the Event of Tie

3.06 Reciprocal Preference Law

3.07 Required Submittals

REQUIRED SUBMITTAL FORMS TOTAL PAGES

Contractor’s Bid Form Qualifications and Past Performance Essential Clauses, Affirmations and Additional Contract Requirements HUB Subcontracting Plan and Policy Compliance Forms BABA Certification of Compliance USDOI Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying

CONDITIONS OF THE CONTRACT TOTAL PAGES

Uniform General Conditions (including Supplementary Conditions) Prevailing Wage Rates

Agreement Between Owner and Contractor

CONSTRUCTION DOCUMENTS TOTAL PAGES

DIVISION ONE – GENERAL REQUIREMENTS

Section 01000 – Special Conditions Specifications Drawings

EXHIBITS TO THE CONTRACT TOTAL PAGES

Exhibit A - HUB Subcontracting Opportunities (Form PWD 0991) with lists of HUB certified vendors by State Class Number & Item Code Number

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.01 Solicitation Objective

The Texas Parks & Wildlife Department (“Owner”) issues this Invitation for Bids (IFB) to solicit bids from qualified firms to provide Bunkhouse Restroom Repairs at Black Gap Wildlife Management Area, located in Brewster County, Texas.

1.02 Pre-Bid Conference

The Texas Parks and Wildlife Department will host a pre-bid conference at 11:00 AM, August 11, 2025.

Although the pre-bid conference is not mandatory, bidders are strongly encouraged to attend as important information regarding bid submittal requirements, and an overview of the Project will be discussed. Failure to give proper consideration to conditions when preparing bid will not constitute grounds for additional compensation.

Conference will be conducted using Microsoft® Teams. Registration is required to attend the pre-bid conference using the following link. Following registration, you will receive a confirmation email with a link to join the event.

https://events.gcc.teams.microsoft.com/event/0336fb49-61a6-4b86-ae44- 6178db2a3132@7864fda7-62ad-47ec-81ec-323266e3a35f

Bidders’ attendance of the pre-bid conference is required to be eligible for contract award. Attendance will be collected for the conference; a representative must sign in on TPWD’s official sign-in document. Failure to give proper consideration to conditions when preparing the bid will not constitute grounds for additional compensation.

1.03 Site Visit

A visit to the project site is not mandatory, however, TPWD strongly encourages potential bidders to view the project site and offers no guarantee that the project site will be accessible to potential bidders at any time other than the time specified in this solicitation. Failure to give proper consideration to site conditions when preparing the bid will not constitute grounds for additional compensation.

Site visits are available by appointment only between August 12-14, 2025. To schedule a site visit, please contact Mr. Travis Smith, Black Gap WMA Biologist, at Travis.Smith@tpwd.texas.gov. or (432) 244-9946.

Black Gap Wildlife Management Area is located in Brewster County on the Rio Grande River adjacent to Big Bend National Park. The entrance is located 55 miles South of the City of Marathon, on FM 2627. Take 385 South from Marathon to FM 2627, make a left turn, and Black Gap WMA entrance will be approximately 18 miles on the left.

Physical Address: FM 2627, Alpine, Texas, 79830 GPS Coordinates: N 29 28'06.0, W 102 50'34.3 Telephone Number: (432) 376-2216

Note: Site visit attended are reminded attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify a bidder.

1.04 Prohibited Communications

Upon issuance of this solicitation, Owner, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Bidder or their representatives(s), except as instructed in Section 1.11 – Inquiries, Interpretations and Discrepancies. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

mailto:Travis.Smith@tpwd.texas.gov

Failure to observe this restriction may disqualify Bidder. Bidder shall rely only on written statements issued through or by Owner’s contracting staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

1.05 Deadline for Receipt of Bids

Owner is requesting bids to perform all work required. Refer to Section 1.06 – Submission of Bids by Email for submission instructions. The deadline for receipt of bids for the project is as follows:

2:00 PM, August 29, 2025

1.06 Submission of Bids - BY EMAIL ONLY

Bids must be received NO LATER THAN the date and time specified in the Notice to Bidders. Bids received after this time will not be considered and will not be reviewed. Each bid shall be submitted on the Contractor's Bid form provided.

Final bids must be emailed to INFContracting@tpwd.texas.gov.

Subject line should read: OFFICIAL BID FOR PROJECT 1112121, BUNKHOUSE RESTROOM REPAIRS AT

BLACK GAP WILDLIFE MANAGEMENT AREA.

No other forms of delivery will be accepted.

1.07 Corrections, Deletions, or Additions to Bids

Corrections, deletions, or additions to bids may be made by email provided such emails are received in correct and comprehensive form prior to the opening time of bids and an original reflecting said corrections, deletion, or additions must be submitted to TPWD within two (2) business days. No telephonic instructions will be accepted.

Corrections, deletions or additions to bids shall be sent by email to INFContracting@tpwd.texas.gov. This is the only address that will be used for receipt of corrections, deletions, or additions. TPWD shall NOT be responsible for failure of electronic equipment or operator error.

1.08 Execution of Bid

Bids shall have all blanks fully and legibly completed including a price for all alternates and/or unit costs when listed under the base bids on which a bid is submitted. Failure to do so shall result in rejection of the bid.

Corrections in the bidder's bid shall be legible and initialed. The bid form shall show no alterations or qualifications of any kind.

Bid documents must be signed by an individual who has the authority to legally bind the firm. Owner reserves the right to require Bidder to furnish documentary evidence of Bidder’s signature authority.

1.09 Public Opening of Bids

Bids will be opened virtually at 3:00 PM CT, August 29, 2025, using Microsoft® Teams. Bidders as well as the public may join the meeting to observe the bid opening. Registration is required to attend, use the following link to register:

https://events.gcc.teams.microsoft.com/event/42d3c14a-e6fa-4bfc-9a0b-d3cc30520d7a@7864fda7-62ad-47ec-81ec-323266e3a35f

Questions should be directed to the designated point of contact listed in Section 1.11 – Inquiries, Interpretations and Discrepancies for this solicitation.

mailto:INFContracting@tpwd.texas.gov mailto:INFContracting@tpwd.texas.gov

1.10 Basis of Award

Determination of the low bidder will be based on the criteria as stated in the Contractor’s Bid Schedule.

1.11 Inquiries, Interpretations and Discrepancies

1.11.1 Should any Bidder find discrepancies between the Invitation for Bids and Contract Documents, or should Bidder be in doubt as to their exact meaning, Bidder should notify Owner at once. Owner may then, at its option, issue addenda clarifying same. Owner will not be responsible for oral instructions or for misinterpretation of the Invitation for Bids and Contract Documents.

1.11.2 No oral explanation in regard to the meaning of the Invitation for Bids and Contract Documents will be made and no oral instructions will be given before the award of the contract. All discrepancies, omissions, or inquiries as to the meaning of Drawings and Specifications shall be communicated by email to the Point of Contact in 12.3.1 for interpretation by 10:00 AM CT, August 15, 2025. Owner estimates that any addendum issued to respond to questions from Bidders is estimated to be issued on or about August 20, 2025.

1.11.3 All written inquiries regarding this solicitation must be submitted via e-mail to the Point of Contact identified in this section. All emailed inquiries must include the project number, inquirers’ company name, contact person, title, phone number and email address.

Primary Point of Contact: Fahim Rahman, CTCD | CTCM, Contract Manager Email: fahim.rahman@tpwd.texas.gov TPWD | Infrastructure Division 4200 Smith School Road Austin, Texas 78744

1.11.4 All written inquiries regarding completion and submission of the HUB Subcontracting Plan (HSP) must be submitted via e-mail to the Point of Contact identified in this section. All emailed inquiries must include the project number, inquirers’ company name, contact person, title, phone number and email address.

Primary Point of Contact: HUB Specialists Email: HUB@tpwd.texas.gov

TPWD | Purchasing & Contracting 4200 Smith School Road

Austin, Texas 78744

1.12 Addenda

Owner reserves the right to issue addenda at any time prior to the deadline for receipt of bids. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner, and should not be relied on in preparing the bid.

All addenda shall be acknowledged by signature on the addendum form.

1.13 Project Location

Black Gap Wildlife Management Area is located in Brewster County on the Rio Grande River adjacent to Big Bend National Park. The entrance is located 55 miles South of the City of Marathon, on FM 2627. Take 385 South from Marathon to FM 2627, make a left turn, and Black Gap WMA entrance will be approximately 18 miles on the left.

Physical Address: FM 2627, Alpine, Texas, 79830.

GPS Coordinates: N 29 28'06.0, W 102 50'34.3.

Telephone Number: (432) 376-2216 mailto:HUB@tpwd.texas.gov

1.14 Project Scope

Furnish all labor equipment, tools, materials and incidentals necessary to construct the Bunkhouse Restroom Repairs project at Black Gap Wildlife Management Area in Brewster County, Texas in accordance with the Drawings, Specifications and Contract Documents provided herein. Construction includes but is not limited to:

selective demolition, plumbing fixtures and lines, electrical and light fixtures, mechanical heat and ventilation, interior partitions and interior finishes.

1.15 Construction Cost Estimate

The construction cost estimate for this project is $98,450.00 - $103,632.00.

1.16 Performance Period

Contract time is of the essence. All work shall be completed within two hundred seventy-four (274) calendar days commencing on the date specified in the Notice to Proceed. Please note: Due to funding constraints this project must achieve final completion and be fully invoiced by August 31, 2026. This performance period includes completing the various aspects required to complete the Work, including submission of all Submittals, mobilization, procurement, installation, testing, inspection and delivery of documents described in the Uniform General Conditions, Article 12, 12.1.1.1.

1.17 Protest Procedure

Any Actual or prospective Bidder who is aggrieved in connection with this solicitation, evaluation, or award of any contract resulting from this solicitation may formally protest as provided in the Texas Parks and Wildlife Department rules at TAC, Title 31, Part 2, Chapter 51, Subchapter L, Rule 51.350.

END SECTION 1

http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=2&ch=51&rl=350

SECTION 2 – SOLICITATION AND SELECTION INFORMATION AND REQUIREMENTS

2.01 Anticipated Solicitation and Selection Schedule

The solicitation process for this IFB will proceed according to the following proposed schedule. The schedule listed is for planning purposes only and subject to change. If there is a conflict between the dates below and on cover page, the schedule shown here shall govern.

IFB Issue Date August 1, 2025

Pre-Bid Conference 11:00 AM, August 11, 2025

Deadline to Submit Questions 10:00 AM, August 15, 2025

Addendum to Bidder’s Questions (Est.) August 20, 2025

Bid Due Date 2:00 PM, August 29, 2025

Public Opening of Bids (on-line only) 3:00 PM, August 29, 2025

2.02 Legal Authority to Contract

This procurement complies with the state of Texas law, including Texas Government Code Title 10, Subtitle F, Chapter 2269, Subchapter C: COMPETITVE BIDDING METHOD and under the authority of Texas Parks and Wildlife Code §11.0171.

Owner reserves the right to award this solicitation based on best value according to TGC 2155.074(b), as determined by Owner, with consideration given to bids that best meet the desired scope of work and specifications set forth in this IFB. All work performed must be in compliance with existing federal, state and local codes, statutes and requirements.

Owner will select the successful Bidder that offers best value to the Owner based on the published Evaluation Criteria stated in Section 3 – Evaluation, Award, and Required Submittals of this solicitation and on its ranking evaluation. The IFB provides the information necessary to prepare and submit Bids for consideration by the Owner.

2.03 Type of Contract

The Owner intends to award a single contract to a single Bidder. Any contract resulting from this solicitation will be in the form of the Agreement between Owner and Contractor, a sample of which is included in the IFB.

2.04 Public Information

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after award of a Contract. However, certain information may be confidential and fall under an exception to disclosure under the Public Information Act such as proprietary or confidential information, trade secrets, and certain commercial and financial information where disclosure might cause “substantial competitive harm to your business.” If the Bidder believes that its bid to this solicitation contains confidential information in those categories, the Bidder must specifically document this at the top or bottom of each page that contains the information the Bidder considers confidential. The Bidder’s documentation must include a statement that confidential information is contained on that page, refer to its exact location on the page, and describe the specific nature of the exception to the Texas Public Information Act that the Bidder believes applies to this information, i.e. copyrighted, trade secret, proprietary, financial etc. A general disclaimer that the Bidder’s bid contains confidential information will not be sufficient to meet this requirement. If such documentation is not provided, Owner will assume that all information provided in the bid to this solicitation is disclosable under the Act.

The Owner strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of IFB information.

2.05 Eligible Bidders

Only individual firms or lawfully formed business organizations may submit bids; this does not preclude a Bidder from using subcontractors. The Owner will contract only with the individual firm or formal organization that submits a Bid.

2.06 Offer Period

Bids submitted shall constitute an offer for a period of sixty (60) days or until selection is made by Owner, whichever occurs earlier. Once submitted, Bids are irrevocable without withholding the bid security.

2.07 No Reimbursement for Costs

Bidder acknowledges and accepts that any costs incurred from the Bidder’s participation in this IFB process shall be at the sole risk and responsibility of the Bidder. Bidders submit Bids at their own risk and expense.

2.08 Owner Reservation of Rights

Owner makes no representations, written or oral, that it will enter into any form of agreement with any Bidder to this solicitation for any project and no such representation is intended or should be construed by the issuance of this solicitation. The act of opening and reading aloud a Bid does not indicate Owner's acceptance of the Bidder or Bid suitability.

Owner reserves the right to accept or reject any or all Bids and to waive any minor formalities or minor technical inconsistencies or delete any item/requirements from any Bid or from this solicitation when deemed to be in Owner’s best interest. A minor informality is one that does not affect the competitiveness of the Bidders.

Bidder’s competency, responsiveness, and responsibility will be considered in making an award. Owner may evaluate Bids based on anticipated completion and sequencing of the entire project or its parts. Owner is not bound to accept the lowest Bid or any portion thereof and may request new Bids for all or parts of the project.

Owner reserves the right to divide the project into multiple parts, reject any and all Bids, re-solicit, or even temporarily or permanently halt the project. Owner may choose to award, partially award, or not award a contract if no submissions are deemed acceptable and may re-solicit as deemed necessary and in the best interest of the State of Texas.

2.09 Essential Clauses, Affirmations & Additional Contract Requirements (ECACR) Bidder shall certify all information provided with the bid is true and correct by completing and signing the Essential Clauses, Affirmations & Additional Contract Requirements (ECACR) form provided. The ECACR is incorporated into the Agreement by reference. Bidder shall submit a signed copy of the completed ECACR. Failure to submit the completed and signed ECACR as specified above and by the time set for receipt of Bids shall cause Bidder to be deemed “non-responsive” and disqualified.

2.10 Bid Security

Bidder must provide a bid security as set forth by the Uniform General Conditions, Article 5.1.2. The bid security shall be in the form of a bond accompanied by valid power of attorney for not less than five percent (5%) of the total amount of the Bid, including the total of all separate priced items and multiple base pricing items and/or alternate price items and/or optional pricing and/or allowances. To ensure adequate bid security, Bidders should calculate bid security based on the highest possible monetary award. Failure to submit the appropriate bid security in the form specified above and by the time set for receipt of Bids shall cause Bidder to be deemed “non-responsive” and disqualified.

If the successful Bidder fails to return the signed contract, insurance, and bonds within the time specified, the bid security may be forfeited not as a penalty but as liquidated damages.

Bid security from all Bidders may be retained by Owner until a contract is executed.

2.11 HUB Subcontracting Plan

In accordance with Texas Gov't Code §2161.252 and 34 Texas Administrative Code §20.285, Owner has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, and other factors. Owner estimates the value of this contract to be greater than $100,000.

Bidder must complete and upload the completed HUB Subcontracting Plan (HSP) with the bid following the policy and utilizing the forms contained within the IFB and Contract Documents herein. See Required Submittal Forms for HUB Subcontracting Plan forms and instructions. See Exhibit A – Historically Underutilized Business (HUB) Subcontracting Opportunities (Form PWD 0991) and lists of HUB certified vendors by State Class & Item Code.

A list of HUB subcontractors that may be able to perform the work identified as areas with potential subcontracting opportunities is attached to the HUB Subcontracting Plan forms. Respondents may also access a list of HUB subcontractors who may be able to perform this work by searching the Centralized Master Bidder’s List (CMBL), as maintained by the Texas Comptroller of Public Accounts. The main CMBL search page is located here: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do.

Bidders are highly encouraged to contact TPWD HUB Administration staff at 512/389-4784 or hub@tpwd.texas.gov for assistance with completing the HSP forms, obtaining HUB lists if web access is not possible, and/or further explanation of the TPWD HUB program. An instructional video, Microsoft Word® documents and PowerPoint® presentation can be located at:

http://tpwd.texas.gov/business/bidops/hub/HSP/index.phtml.

FAILURE TO COMPLETE AND SUBMIT THESE FORMS WITH THE BID WILL RESULT IN

DISQUALIFICATION FROM CONSIDERATION. THE BIDDER RECEIVING AN AWARD MUST COMPLY

WITH THE SPECIAL REQUIREMENTS SPECIFIED HEREIN.

HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report: After awarding the contract, the Contractor shall report all HUB and non-HUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TPWD HUB Program monthly. The report shall be submitted monthly even during the months the Contractor is not invoicing Owner.

All payments made to subcontractors shall be reported. Owner may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors. Failure to submit PAR may result in payment being withheld.

2.12 Insurance Requirements

The successful Bidder must certify the minimum insurance coverages as set by the contract, specifically, the Uniform General Conditions, Article 5, 5.2. and Division 1 – General Requirements, Section 01000 – Special Conditions. The required insurance information shall be submitted within ten (10) calendar days from receipt of Notice of Selection as confirmation that the required insurance is in full force and effect. Failure to meet this requirement may result in disqualification of the Bid and forfeiture of the Bid security, if any. In such circumstances, Owner shall be authorized to proceed with award to the next highest ranking, responsive and responsible Bidder.

2.13 Bonding Requirements

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do mailto:hub@tpwd.texas.gov http://tpwd.texas.gov/business/bidops/hub/HSP/index.phtml

The successful Bidder must provide Payment and Performance bonds as set forth by the Uniform General Conditions, Article 5. Payment and Performance bonds must be submitted on Owner provided forms and accompanied by a valid power of attorney.

The fully executed bond documents shall be submitted within ten (10) calendar days from receipt of a fully executed contract. Failure to meet this requirement may result in disqualification of the Bid and forfeiture of the bid security.

2.14 Terms and Conditions Attached to Bid

Any terms and conditions attached to a response will not be considered unless specifically referred to in the Bid.

2.15 Construction Contracting Forms

The awarded offeror shall be required to utilize TPWD’s Construction Contracting Forms. These forms include but are not limited to the following

• Application for Payment FAQs

• Application for Payment voucher

• BABA Certification

• Consent of Surety

• Contractor's Change Proposal

• Contractor's Construction Admin Forms

• Contractor's Change Proposal Checklist

• Final Payment Affidavit

• Non-Use Asbestos

• OM Manual TOC

• Payment Bond

• Performance Bond

• Progress Payment Affidavit

• Request for Information

• Remote Virtual Inspection Agreement

• Substantial Completion or Final Inspection Prep

List

• Uniform General Conditions including

Supplementary General Conditions

Forms available at https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/

2.16 Energy Policy and Conservation Act

Bidder shall comply with the mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.

L. 94-163, 89 Stat.871).

2.17 Build America, Buy America (BABA) Act

Bidder shall complete the attached Build America, Buy America Certification Form to certify that it will comply with the requirements of the Act. The Texas Parks and Wildlife Department requires Bidders to use iron, steel, manufactured products, and construction materials that are produced in the United States in a manner that complies with the Build America, Buy America (BABA) Act requirement for federally funded projects that involve construction, alteration, maintenance, or repairs (Per the Infrastructure Investment and Jobs Act passed November 15, 2021).

2.18 U.S. Department of the Interior Certifications

Bidder shall complete and sign the attached U.S. Department of the Interior Form DI-2010, Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying to certify compliance for covered transactions.

END SECTION 2

https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/ https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/

SECTION 3 – EVALUATION, AWARD, AND REQUIRED SUBMITTALS

3.01 Evaluation General Information

Evaluation of bids shall be based on the requirements described in this IFB. Only responses submitted by the bid opening, with required submittal documents and meeting qualifications will be considered. Failure to submit the required information may be cause for rejection of the bid response.

Award of contract shall be based upon the summation of the various unit price bids, but in case of error, the unit prices shall govern, and computations will be checked for accuracy before award is made.

Prices will also be reviewed for balance prior to award, and obvious imbalance in favor of work scheduled for early completion or subject to signification expansion after award may be grounds for rejection of the bid.

3.02 Reservation of Rights

Owner reserves the right to reject any or all bids – and to waive any or all informalities in connection therewith.

Owner is not bound to accept the lowest bid or any part thereof and reserves the right to ask for new bids for the whole or parts. The mere opening and reading aloud of a bid shall not constitute Owner’s acceptance of the suitability of a bidder or a bid. The competency and responsibility of the bidders will be considered in making an award.

Owner reserves the right to award, partially award, or not award a contract if no responses are deemed acceptable; and may re-solicit as determined necessary and in the best interest of the State of Texas.

3.03 Minimum Qualifications

The Qualifications and Past Performance Form must be submitted with the bid. Failure to properly complete and provide Qualifications and Past Performance Form shall be cause for Bidder's bid being rejected by TPWD.

Owner may make such investigations as necessary to determine the ability of the Bidder to perform the work and reserves the right to reject any bid if the evidence submitted and/or obtained through investigation fails to satisfy Owner that the Bidder is properly qualified to carry out the obligations of the Agreement.

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

MINIMUM EXPERIENCE REQUIREMENTS FOR THIS PROJECT:

BIDDER MUST SHOW EVIDENCE OF THREE (3) SUCCESSFUL CONSTRUCTION PROJECTS SIMILAR TO THIS PROJECT (AS JUDGED BY OWNER) TO BE ELIGIBLE FOR AWARD OF THIS CONTRACT. THIS

EXPERIENCE MUST HAVE OCCURRED WITHIN THE PAST FIVE (5) YEARS, MEASURED BACKWARDS

FROM THE ISSUE DATE OF THIS SOLICITATION.

A SUCCESSFUL CONSTRUCTION PROJECT IS ONE THAT WAS COMPLETED ON TIME, WITHIN BUDGET

AND IN COMPLIANCE WITH THE DESIGN AND SPECIFICATIONS.

3.04 Vendor Performance Tracking System

In evaluating responses, the Owner will consider information related to past contract performance of a Bidder including, but not limited to Texas Comptroller of Public Accounts’ (CPA) Vendor Performance Tracking System (VPTS) available at https://www.txsmartbuy.com/vpts.

Prior work performance with the Owner and other state agencies or governmental entities which are familiar with a Bidder’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Bidders involved in litigation with the Owner, or another state agency may be disqualified. Bidder’s past https://www.txsmartbuy.com/vpts performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

(a) The Vendor has a score less than C or Unsatisfactory in the VPTS,

(b) Currently under a Corrective Action Plan through the CPA,

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

(d) Having Purchase Orders/Contracts that have been cancelled in the previous 12 months for non-performance, (i.e., failure to remedy defective work, late delivery, etc.).

3.05 Procedures in the Event of Tie

In the case of a tie between two or more Bidders, award will be made in accordance with Texas Government Code, Title 10, Subtitle D. Chapter 2155, Subchapter H. Purchasing Preferences. Bidders shall claim the applicable preference(s) in its response by marking the appropriate preference on the Bid Response Form.

If a tie still exists after review of Preferences claimed by the Bidders, each tie Bidder will be given an opportunity to withdraw their Bid. If two or more bidders do not withdraw their bids, the lowest Bidder will be determined by a coin toss or a series of coin tosses when there are more than two Bidders. If all tie Bidders request to withdraw their bids, no withdrawals will be allowed, and the low Bidder will be determined by a coin toss or a series of coin tosses when there are more than two Bidders. The Contract Manager will preside over the proceedings with two witnesses to oversee the tie-breaking activity.

3.06 Reciprocal Preference Law

Texas law requires that responses from nonresidents from a state that grants resident bidder preferences for that state’s purchases must be reciprocated in the same manner when competing against a bidder residing in Texas. In other words, the State of Texas will respond in kind to resident bidder preferences made by other states.

Reciprocity and resident bidder preferences do not apply when evaluating responses that involve the use of federal funds. The reciprocity preference is only applied during the evaluation process and only in situations where the out-of-state bidder is from a state that has a residency preference. SPD maintains a Summary of Other State Bidder Preference Laws on the CPA website at:

https://comptroller.texas.gov/purchasing/bidder-preference/.

3.07 Required Submittals

Bidders shall submit the required submittals by the Bid due date and time stated herein. Bidders must submit all documents required by this solicitation. Failure to submit all required documents with acceptable bids and information meeting the applicable requirements of those documents may cause Bidder to be deemed “non-responsive” and disqualified.

Bid Schedule: Submit the Bid Schedule Form completed in it’s entirety as one .pdf file

Qualifications and Past Performance: Submit the Qualifications and Past Performance Form completed in its entirety as one .pdf file

Essential Clauses, Affirmations & Additional Contract Requirements (ECACR): Submit the completed and signed ECACR document in accordance with Section 2.09 Essential Clauses, Affirmations & Additional Contract Requirements

Bid Security: Submit the bid security documentation provided by Bidder in accordance with Section 2.10

– Bid Security https://comptroller.texas.gov/purchasing/bidder-preference/

HUB Subcontracting Plan (HSP): Submit the required HSP documentation as one .pdf file in accordance with Section 2.11 – HUB Subcontracting Plan of this IFB. See Required Submittal Forms section for HUB Subcontracting Plan forms and instructions and Exhibit A – Historically Underutilized Business (HUB) Subcontracting Opportunities (Form PWD 0991) & lists of HUB certified vendors by State Class & Item Code

TPWD Form: Build America, Buy America Certification: TPWD Form BABA_OF_114, Build America, Buy America Certification Form to be signed and submitted by the Bidder in accordance with Section

2.18 – Build America, Buy America (BABA) Act.

Federal Form: USDOI Certifications: USDOI Form DI-2010, Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying to be signed and submitted by the Bidder in accordance with Section 2.19 – U. S. Department of the Interior Certifications.

END SECTION 3

REQUIRED SUBMITTAL FORMS

QUALIFICATIONS AND PAST PERFORMANCE

CONTENTS & INSTRUCTIONS FOR COMPLETING THIS FORM

Complete all fields. Mark “N/A” if not applicable.

A fully executed copy of this form in its entirety along with the requested documents as listed hereon and in IFB Section 3.07, must be submitted with bid.

Contents of Qualifications and Past Performance include the following:

Section 1 Company Information Section 2 Financial Capability Section 3 Litigation History Section 4 Related Project Experience

SECTION 1. COMPANY INFORMATION

Legal Name of the Company

Principal Place of Business (Corporate Headquarters)

Address:

City, State, Zip:

Physical Address of Office Providing Services (if different from above)

Address:

City, State, Zip:

Mailing Address (if different from above)

Address:

City, State, Zip:

Include name, address, email, and telephone number of the person in your organization authorized to negotiate contract terms and render binding decisions on contractual matters.

Name & Title:

Address:

City, State, Zip:

Email:

Phone:

Does any relationship exist by relative, business associate, capital funding agreement, or any other such kinship between your firm and any Owner employee, officer or member of the Texas Parks and Wildlife Commission? If so, please explain.

Firm History: List firm history below including any other business names used.

From: To: Firm Name:

From: To: Firm Name:

From: To: Firm Name:

Total Number of Years in Business: _____ Years

Entity Classification

Is your firm currently reporting any Texas tax to the Comptroller’s office such as sales tax or franchise tax?

YES ☐ NO ☐

Select the Appropriate Ownership Type for your business:

☐ Individual Recipient (not owning a business) ☐ Texas Corporation

☐ Sole Ownership (Individual owning a business) ☐ Professional Association

☐ Partnership ☐ Professional Corporation

☐ Texas Limited Partnership ☐ Out of State Corporation*

☐ Other*: ___________________________________________________________________

*If Bidder is an out of state entity, bidder shall provide a copy of the Certificate of Authority to do business in Texas with the bid.

Owner reserves the right to request documentation of Bidder’s legal name and entity status signed by an authorized representative of the

Bidder clearly indicating the legal name, entity status and capacity and authority of the person signing on behalf of Bidder. Documentation requests may include but are not limited to articles and bylaws, certificate of organization, articles of organization and regulations, joint venture agreements, partnership agreements and certificates of limited partnership and documentation for partner.

END SECTION 1 – COMPANY INFORMATION

SECTION 2. FINANCIAL CAPABILITY

Bidder must provide evidence of financial capability and stability.

Bidder’s financial capability must be appropriate to the size and scope of the project.

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

__ NO __ YES If yes, explain.

Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

__ NO __ YES If yes, explain.

Identify if your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity? If so, please explain the impacts, financial, organizational and company direction.

__ NO __ YES If yes, explain.

BONDING INFORMATION: Indicate the Agency/Surety through which bonding will be obtained.

AGENCY COMPANY

Agent Company Name:

Agent Name:

Agent Address:

Agent Email:

Agent Phone No.:

BONDING COMPANY (UNDERWRITER)

Bonding Company Name:

Bonding Agent Name:

Bonding Agent Address:

Bonding Agent Email:

Bonding Agent Phone:

DISCLOSURE OF OUTSIDE FINANCIAL RESOURCES: Identify outside financial resources available to firm to enable performance under the awarded contract.

CONSTRUCTION CAPABILITIES

Firms Average Annual Construction Volume $

Building % Mech.-HVAC % Hwy/Roads % Other %

Electrical % Utility Lines % Earthwork % Other %

Plumbing % Utility Plants % Site Work % Other %

END SECTION 2 – FINANCIAL CAPABILITY

SECTION 3. LITIGATION HISTORY

Bidders involved in litigation, depending upon the circumstances, may be disqualified.

Provide details of litigation or claims filed against bidder for the past ten years, including any pending litigation or claims.

Has firm, under its current or former name(s) ever failed to complete a project, defaulted on a contract, or been terminated from a construction contract?

__ NO __ YES If yes, explain.

END SECTION 3 – LITIGATION HISTORY

SECTION 4. RELATED PROJECT EXPERIENCE

Bidder must provide history of successful completion of projects with similar size, scope, and complexity.

MINIMUM EXPERIENCE REQUIREMENTS

• Bidder must have five (5) or more years’ experience in construction, measured backwards from the date of posting of this solicitation. Including, but not limited to selective demolition, plumbing fixtures and lines, electrical and light fixtures, mechanical heat and ventilation, interior partitions and interior finishes, flatwork and ADA compliance as set forth in Section 3.03 Minimum Qualifications.

PROJECT EXPERIENCE INFORMATION

Provide information for at least three (3) completed projects using one Project Experience Form for each project, demonstrating experience meeting the following criteria. Projects must have been completed within the last five (5) years. The documentation shall be presented in sufficient detail to demonstrate that that the Bidder is qualified to manage and construct the type of project being solicited.

Provide examples of past projects that indicate your firm’s experience with the type of projects similar in size and scope to the project of this solicitation. Project examples should demonstrate your firm’s experience with the following:

• Construction including, but not limited to selective demolition, plumbing fixtures and lines, electrical and light fixtures, mechanical heat and ventilation, interior partitions and interior finishes, flatwork and ADA compliance.

REFERENCES FOR EACH INCLUDED PROJECT

Provide current contact information on the Project Experience forms for each project owner. References will be contacted by the designated TPWD Contract Manager via email to substantiate the Project Experience provided.

Negative responses or no responses from project reference owners and/or A/E firms that are familiar with Bidder’s performance, depending on problems encountered, may be ground for disqualification.

Information requested may include any combination of the following:

• Owner Name

• Project Title & Location

• Initial Contract Amount

• Final Contract Amount

• Start Date

• Completion Date

• Statement on Quality of Work

• Statement on Job Coordination/Supervision

• Statement on Timeliness

• Statement on Change Order Pricing

• Additional Information (if any)

PROJECT EXPERIENCE FORM

Project Name:

Project Location:

Project Owner Company Name:

Project Owner’s Address:

Owner’s Representative for this Project:

Owner’s Representative Phone:

Owner’s Representative Email Address:

Project A/E Company Name:

Project A/E Contact Name:

Project A/E Phone & Email Address:

Original Contract Amount: $

Final Contract Amount: $

Describe Change Orders or other amendments that modified the contract amount.

Project Start Date:

Project Completion Date:

Original Construction Duration:

Final Construction Duration:

Provide a brief explanation for variances and time extensions granted.

Bidder’s Key Personnel for this project, including Project Superintendent

NAME TITLE YEARS W/

BIDDER TOTAL YEARS EXPERIENCE

Bidder’s Major Subcontractors for this Project

NAME COMPANY NAME YEARS W/

Brief Description of the Work

Describe how this Project is comparable to the Work required for this Project

OPTIONAL – Insert Project Photo(s)

Project Location:

Project Owner Company Name:

Project Owner’s Address:

Owner’s Representative for this Project:

Owner’s Representative Phone:

Owner’s Representative Email Address:

Project A/E Company Name:

Project A/E Contact Name:

Project A/E Phone & Email Address:

Original Contract Amount: $

Original Construction Duration:

Project Location:

Project Owner Company Name:

Project Owner’s Address:

Owner’s Representative for this Project:

Owner’s Representative Phone:

Owner’s Representative Email Address:

Project A/E Company Name:

Project A/E Contact Name:

Project A/E Phone & Email Address:

Original Contract Amount: $

Original Construction Duration:

IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 1 of 11

ESSENTIAL CLAUSES, AFFIRMATIONS & ADDITIONAL CONTRACT REQUIREMENTS

SIGN AND SUBMIT WITH BID

ANTIQUITIES

Bidder shall take precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological, or historical significance. No objects of this nature shall be disturbed without written permission of Owner and the Texas Historical Commission. When such objects are uncovered unexpectedly, the Bidder shall stop all Work in close proximity and notify the ODR and the Texas Historical Commission of their presence and shall not disturb them until written permission and permit to do so is granted. All primitive rights and antiquities, as defined in Chapter 191, Texas Natural Resource Code, discovered on the Owner’s property shall remain property of State of Texas, the Texas Historical Commission. It is determined by Owner, in consultation with the Texas Historical Commission that exploration or excavation of primitive records or antiquities on Project Site is necessary to avoid loss, Bidder shall cooperate in salvage work attendant to preservation.

CYBERSECURITY TRAINING

Bidder shall ensure that any Bidder employee or subcontractor employee who has access to a state computer system or database shall complete a cybersecurity training program certified under Section 2054.519 of the Texas Government Code. Such training is required to occur during the contract term and the renewal period. Bidder shall provide Owner with verification of the completion of the requisite training.

DAMAGE TO GOVERNMENT PROPERTY

In the event of loss, destruction or damage to any Owner or State of Texas government-owned, leased, or occupied property and equipment by Bidder or Bidder’s employees, agents, subcontractors, suppliers, including any delivery or cartage company, in connection with any performance pursuant to the contract, Bidder shall be liable to Owner and the State of Texas the full cost of repair, reconstruction, or replacement of the lost, destroyed or damaged property. Bidder shall notify the Owner in writing of any such damage within one (1) calendar day. Bidder is responsible for the removal of all debris resulting from work performed under the contract. Bidder will reimburse Owner and the State of Texas for such property damage within ten (10) calendar days after Bidder’s receipt of Agency’s notice of amount due.

ENERGY POLICY AND CONSERVATION ACT

Bidder acknowledges and agrees to comply with the mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871).

MANUFACTURED IRON OR STEEL PRODUCTS

Bidder acknowledges that TGC, Title 10, Subchapter F, §§ 2252.201-2252.205 requires that all iron or steel products produced through a manufacturing process used in this project must be produced in the United States. By signing this bid, Bidder certifies that its bid price represents full compensation for compliance with the requirements of TGC, Title 10, Subchapter F, §§ 2252.201-2252.205.

NAME CHANGES AND SALES

If the Bidder changes its name or is sold to another entity, it must provide written notification to Owner. The Bidder, in its notice, shall describe the circumstances of the name change or sale, state its new name, provide the new Tax Identification Number, and describe how the change will impact its ability to perform the Contract. If the change entails personnel changes for personnel performing the responsibilities of the Contract for the Bidder, the Bidder shall identify the new personnel and provide resumes to Owner, if resumes were originally required by the Solicitation. Owner may request other information about the change and its impact on the Contract and the Bidder shall supply the requested information within five (5) working days of receipt of the request. Owner may terminate the Contract due to a sale of or change to the Bidder that materially alters the Bidder’s ability to perform under the Contract. The Owner has the sole discretion to determine if termination is appropriate.

NON-DISCRIMINATION

Bidder acknowledges it is subject to Title VI of the Civil Rights Act of 1964, Section 504 or Rehabilitation Act of 1973, IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 2 of 11

Title II of the Americans with Disabilities Act of1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away or otherwise denied access to or benefit from any program or activity that is directly associated with a program on the basis of race, color, national origin, age, and sex (in educational activities) or disability. Bidder shall ensure that this clause is included in all subcontracts.

PATENTS, TRADEMARKS OR COPYRIGHTS

Bidder agrees to defend and indemnify the Owner and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the Owner’s or the State’s use of any good or service provided by the Bidder as a result of this solicitation.

BID ACCEPTANCE

Bidder agrees that when written notice of bid acceptance is furnished by the Owner within sixty (60) calendar days after the bid opening date, the undersigned will, within the stipulated time, execute and deliver the contract and all required bonds, certificates of insurance, submittals, and Form 1295 to the Owner. Failure to timely provide the insurance certificate, bonds, and submittals shall be grounds for disqualification of bid and forfeiture of bid security. In such circumstances, TPWD shall be authorized to proceed with award to the next responsive, and responsible low bidder.

RESERVATION OF RIGHTS

Bids will be evaluated, and determination of the award will be based on the Bidder’s competency, responsiveness and responsibility. OWNER RESERVES THE RIGHT TO AWARD ANY COMBINATION OF BID ITEMS OR TO REJECT

ALL BIDS.

STATE AND FEDERAL LABOR LAWS

Bidder acknowledges and agrees that it shall comply with all labor laws established by State and Federal statutes in accordance with Uniform General Conditions, Article 2.

STATE TAXATION, TEX TAX CODE, CHAPTER 171

Bidder represents and warrants that, the offeror is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code. Making a false statement as to corporate tax status is a material breach of contract.

ANTITRUST AFFIRMATION, TEX GOVT CODE § 2155.005

Bidder represents and…