INSTRUCTIONS TO RESPONDENTS

USE OF NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING CODE

The Texas Department of Transportation (TxDOT) uses the National Institute of Governmental Purchasing, Inc., (NIGP) code to standardize purchases by conforming to the class, item, and group structure of the code. The NIGP code is used to select vendors for our master vendor file from the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL).

New suppliers and other vendors wishing to furnish materials, equipment, supplies and services to TxDOT should apply to be on the CMBL to receive bidding opportunities.

Existing TxDOT vendors need only be concerned that the information listed on the CMBL file is correct, and that the applicable NIGP class and item are selected for those you can provide.

CMBL information is available online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ or by phoning 1-512-463-3459.

Early Payment Program - TxDOT is offering an important program to all respondents that provide prioritized invoice processing and payments (prior to the 30th day after receipt of a correct invoice). The program provides enrolled vendors enhanced benefits from improved invoice processing to priority handling to cash advancement and technology efficiencies.

Respondents offering a cash discount in exchange for TxDOT’s priority invoice processing and early payment agreement should complete and return the attached form entitled “Priority Invoice and Early Payment Program” with the response.

Additional information may be found at the following website: http://www.txdot.gov/business/vendors/epp.html

Revised 20

601310000099448

12/18/2025 10:00 a.m.

Chester.Osborne@txdot.gov

Chester.Osborne@txdot.gov

Chester.Osborne@txdot.gov

Chester.Osborne@txdot.gov

SHIP TO THE FOLLOWING LOCATION

UNLESS OTHERWISE NOTED

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM

1 1.00 EA 07332301006

TRAILERS, TRANSPORT, TANK, BRINE, FRAC

(BRINE) TANK, TRAILER MOUNTED, 500

BBL. CAPACITY, V-BOTTOM.

SHIP THIS ITEM TO THE FOLLOWING LOCATION

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

REFURBISHED 500 BBL FRAC TANK

Qty: 1ea

Manufacturer: __________________________

Model Number: _______________________

Total Price: __________________________

Delivery in _________ days

***Include Freight Charges in Total Price.

***Delivery Location: Delivery is at a TxDOT stockpile location in the corner of the intersections of HWY 5, FM 902, and US 75 on the Northbound side of US 75 across FM 902 from Howe High School.

Page 1INVITATION FOR BID 12/11/2025

SOLICITATION NO: 601310000099448

OPENING DATE 10:00 AM Dec 18, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Osborne III, Chester

PHONE: 409/795-2243

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price

IF RESPONDING, FORM MUST BE SIGNED. IF NOT RESPONDING. DO NOT RETURN THIS FORM.

Failure to sign will disqualify response.

Authorized Signature Date

Printed Name

By signing solicitation, respondent certifies that if the Texas address is shown as the address of the respondent, respondent qualifies as a Texas Bidder as defined in 34 T AC Rule 20.306

Vendor must coordinate delivery with Joshua Montgomery at 214-385-9241 prior to delivery.

The following comments apply to the entire Solicitation

1. Description of Goods: This solicitation is to establish a contract for a refurbished 500 BBL frac tank used for brine storage for TxDOT Dallas District located at: 4777 East Highway 80, Mesquite, TX 75150.

2. This solicitation is for an emergency purchase made under Texas Government Code, §2155.137 and 34 TAC 20.82.

3. Electronic State Business Daily (ESBD): This solicitation is posted on the ESBD.

It is the responsibility of the respondents to check the ESBD for addenda or additional information related to the solicitation. Vendors active on the CMBL at the time the solicitation was posted will receive notifications regarding addenda or additional information related to the solicitation.

http://www.txsmartbuy.com/esbd

4. Order of Precedence: In the event of any conflict, terms contained in the document shall prevail in the order as listed below:

4.1. Solicitation No. 601310000099448

4.2. Specification No. TxDOT 073-32-30, REVISED: JUNE 2025

4.3 TxDOT Terms and Conditions, August

4.3.1. Payment will be made in

accordance with Part 4, Para. 4.04 (b)

5. Estimated Quantities:

Quantities are estimates only to be used for the purpose of comparing responses.

The respondent must enter their unit price on Solicitation. Total price will

Page 2INVITATION FOR BID 12/11/2025

SOLICITATION NO: 601310000099448

OPENING DATE 10:00 AM Dec 18, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Osborne III, Chester

PHONE: 409/795-2243

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price be evaluated by multiplying the unit price for each line by the estimated quantities listed on Solicitation.

TxDOT will order only the amount needed to satisfy operating requirements; no guarantee of any minimum or maximum purchase is made or implied. Total amount ordered must not exceed the aggregate contract amount unless additional funds are allocated, and the total contract amount is increased in accordance with the terms and conditions.

6. Acceptance Inspection:

All units ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than five working days, weather permitting. The vendor will be notified within this time frame of any units not delivered in full compliance with the purchase order specifications.

If any units are canceled for non-acceptance, the needed equipment may be purchased elsewhere, and the vendor may be charged any additional increase in cost and handling.

7. Delivery:

Delivery must be made between 8 AM and 4 PM Monday through Friday except on regularly observed state or federal holidays, unless prior approval has been obtained from TxDOT.

Delivery is at a TxDOT stockpile location in the corner of the intersections of HWY 5, FM 902, and US 75 on the Northbound side of US 75 across FM 902 from Howe High School.

Vendor must coordinate delivery with Joshua Montgomery at 214-385-9241 prior to delivery.

8. Contact Information:

The individuals listed below are the only authorized TxDOT contacts.

Contacting any other TxDOT personnel regarding this solicitation, may result in the respondent being disqualified.

Any changes as a result of questions will be made by TxDOT in the form of an addendum to the solicitation; no oral

Page 3INVITATION FOR BID 12/11/2025

SOLICITATION NO: 601310000099448

OPENING DATE 10:00 AM Dec 18, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Osborne III, Chester

PHONE: 409/795-2243

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

changes will be considered.

For clarification or questions regarding this solicitation, respondents may contact:

Primary Contact:

Chester Osborne III, CTCD, CTCM Phone: (713) 835-4437 Email: Chester.Osborne@txdot.gov

Secondary Contact:

Jason Jones, CTCD Phone: (915) 790-4347 Email: Jason.Jones@txdot.gov

9. Vendor Performance: TxDOT will monitor performance on a regular basis.

9.1. TxDOT may consider the following

performance by the vendor as unsatisfactory performance - An unsatisfactory performance determination includes, but is not limited to:

9.1.1. Failure to deliver any portion of

the work product.

9.1.2. Failure to deliver a useable work

product during the term of the contract.

9.1.3. Unsatisfactory performance of any

service requirements in the contract.

9.2. Exceptional performance

determination includes, but is not limited to:

9.2.1. Deliverables made early upon

TxDOT member request.

9.2.2. Vendor commended for exceptional

customer service.

9.2.3. Exceptional service provided.

10. Data Sheet Schedule:

Failure to provide completed Data Sheet(s) Schedule with the response will result in the response being considered non-responsive. Writing “See Attached Specs” or any variation other than the requested information will result in the response being considered non-responsive.

Page 4INVITATION FOR BID 12/11/2025

SOLICITATION NO: 601310000099448

OPENING DATE 10:00 AM Dec 18, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Osborne III, Chester

PHONE: 409/795-2243

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

11. Response Submission:

All responses must be received at the Texas Department of Transportation (TxDOT) on December 18, 2025 prior to 10:00 a.m. central time.

Email responses must be sent to Chester.Osborne@txdot.gov. Email responses must be received before the hour and date specified for the solicitation opening, not exceed 20 MB, and be in portable document format (PDF) or Excel format for pricing schedules, signed by respondent, and attached to the email to be considered for award.

Emails exceeding 20 MB must be sent to Chester.Osborne@txdot.gov through managed file transfer services such as, but not restricted to, Dropbox™. TxDOT will not be responsible for failure of electronic equipment, operator error, server delays, or system outages.

Responses that are late, illegible, incomplete, file corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

Email subject line: Respondents must place the following into the subject line of their email submission:

(Solicitation Number, Company Name)

11.1 GENERAL FORMAT: The respondent

must submit one signed and dated response to include the documentation required per response paragraph 7.3 to the email address referenced above.

11.2 The respondent shall not encrypt, or password protect response or embed documents within the response; each section must be its own separate document.

11.3 RESPONSE: Failure by the

respondent to submit the documentation listed below will result in the response being considered non-responsive. The response submission must be submitted with each section named with the “Section #” and brief description not to exceed 30 total characters as a separate document in the following format:

11.3.1. Section 1 – Signed Invitation for

Page 5INVITATION FOR BID 12/11/2025

SOLICITATION NO: 601310000099448

OPENING DATE 10:00 AM Dec 18, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Osborne III, Chester

PHONE: 409/795-2243

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Bid

11.3.2. Section 2 – Texas Family Code

Schedule

11.3.3. Section 3 – Data Sheet Schedule

11.3.4. Section 4 – Addenda (if

applicable)

12. Vendor Point of Contact:

Name: _________________________________

Phone: ________________________________

Email: _________________________________

13. Vendor Verification of Federal Employer Identification Number:

Vendor to provide current company name:

Vendor to provide federal EIN:

14. Preferences Check below if preference claimed under rule 34TAC 20.306.

Tie-Bid Preferences:

__ Supplies, materials or equipment produced in Texas or offered by a Texas bidder __ Agricultural products produced or grown in Texas __ Agricultural products and services offered by Texas bidder __ USA produced supplies, material or equipment __ Products produced at facilities located on formerly contaminated property __ Products and services from economically depressed or blighted areas __ Goods produced or offered by a Texas bidder that is owned by a service-disabled veteran who is a Texas resident

Source Preferences:

__ Products of persons with mental or physical disabilities

Page 6INVITATION FOR BID 12/11/2025

SOLICITATION NO: 601310000099448

OPENING DATE 10:00 AM Dec 18, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Osborne III, Chester

PHONE: 409/795-2243

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

__ Vendors that meet or exceed air quality standards. For contracts to be performed, in whole or in part, in a designated non-attainment area or an affected county, as those terms are defined by Health and Safety Code

386.001 Texas emission reduction plan

__ Manufacturer that has a recycle program for computer equipment __ Contractor providing foods of higher nutritional value Specification Preferences:

__ Point lines made of recycled materials, remanufactured, or environmentally sensitive materials including recycled steel __ Energy efficient products __ Rubberized asphalt paving materials __ Recycled motor oil and lubricants

If the name of your company is not printed on the heading of this solicitation, you must write the full name of company, full name of signer, mailing address, and respondent’s employer identification number (EIN) on the face of the solicitation. To minimize identity theft, every company must have an employer Identification number (EIN), also known as a federal tax identification number, prior to award of a contract.

For information on obtaining your EIN, call 800-829-4933 or visit the following website:

https://www.irs.gov/businesses/small-bus inesses-self-employed/employer-id-number s

(NOTE: This link will not work if capitalization is used. Type in navigation bar using lower case letters)

15. Calendar of Events:

Estimated Solicitation Posting Date:

12/15/2025

Response Due Date: 12/18/2025 10:00 a.m.

Central Standard Time

Tentative Date for Contract Award:

12/29/2025

Page 7INVITATION FOR BID 12/11/2025

SOLICITATION NO: 601310000099448

OPENING DATE 10:00 AM Dec 18, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Osborne III, Chester

PHONE: 409/795-2243

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

TEXAS DEPARTMENT OF TRANSPORTATION

SPECIFICATION NO.

TxDOT 073-32-30*

REVISED: JUNE 2025

FRAC TANKS FOR BRINE STORAGE

PUBLICATION

This specification is a product of the Texas Department of Transportation (TxDOT). This specification may not be sold for profit or monetary gain. If this document is altered in any way, the header and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity.

1. SCOPE: This specification is for the provision of a frac tank used for brine storage for TxDOT Dallas District located at: 4777 East Highway 80, Mesquite, TX 75150.

2. DEFINITIONS OF TERMS AND ACRONYMS:

2.1. ANSI – American National Standards Institute.

2.2. BPOR – Blanket Purchase Order Release – A written authorization to perform work under the contract listing the items of work to be performed and the cost based on the prices established in the BPO.

2.3. Contract – Any Purchase Order (PO) or Blanket Purchase Order (BPO) resulting from this solicitation as listed in the Order of Precedence in the resulting PO or

BPO.

2.4. GAL – Gallons

2.5. OSHA – Occupational Safety and Health Administration

2.6. TxDOT – Texas Department of Transportation

3. FRAC TANKS:

3.1. The frac tanks (henceforth referred to as "tanks") furnished under this specification must be the latest improved model in current production, as offered to commercial trade, and must be of quality workmanship and material. The vendor represents that all tanks offered under this specification are certified refurbished.

3.2. Vendor must provide Certificate of Origin, Certificate of Title, and any other documents required to register this equipment. Certification must be provided before delivery of the equipment.

3.3. The unit must be completely assembled and adjusted, and all equipment including standard and supplemental equipment must be installed and the unit made ready for continuous operation upon delivery.

* This specification supersedes Specification No. TxDOT 073-32-30, Revised December 2023.

TxDOT 073-32-30

3.4. All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment must be furnished by the vendor. All parts must conform in strength, quality, and workmanship to the accepted standard of the industry.

3.5. The unit provided must meet or exceed all federal and state of Texas safety and health regulations and standards in effect and applicable to tanks furnished at the time of manufacture.

3.6. Vendor shall provide pictures of the certified refurbished frac tank with bid submission. Pictures shall provide enough views of the frac tank to show condition of the complete tank.

4. FRAC TANK SPECIFICATIONS: The tanks must meet the following requirements:

4.1. Be sealed and leakproof

4.2. Be constructed of steel

4.3. Have 4 external manifolds. Manifolds shall be 4” ports with butterfly valves.

4.4. Have a 500-barrel capacity (21,000 GAL.)

4.5. Be equipped with the following:

4.5.1. Safety ladder, compliant with OSHA Standard CFR 1926.1050.

4.5.2. Standard 5th wheel king pin hitch

4.5.3. One (1) 25,000 lb. capacity axle with air brakes and spring suspension.

4.5.4. Wheels and tires, 11” x 22.5

4.5.5. The following standard TxDOT compliant amber lights:

4.5.5.1. Rear turn lights

4.5.5.2. Clearance lights

4.5.5.3. Rear brake lights

4.5.5.4. Marker or running lights

4.6. DIMENSIONS: The dimensions of the tank must be:

4.6.1. Length: Minimum 40 feet

4.6.2. Width: Minimum 8 feet, Maximum 9 feet

4.6.3. Height: Minimum 8 feet, Maximum 12 feet

4.7. TOP: The top of the tank must be:

4.7.1. Flat

4.7.2. Minimum 0.25 inches thick

4.7.3. Solid welded

4.7.4. Equipped with channel supports

4.7.5. Equipped with a roof hatch, minimum dimensions 22” diameter.

4.8. BOTTOM: The bottom of the tank must be:

4.8.1. V-bottom

4.8.2. Minimum 0.25 inches, Maximum 3 inches thick

4.9. INTERIOR FLOOR: The interior floor of the tank must be:

4.9.1. Composed of a steel plate measuring a minimum of 0.25 inches thick

4.9.2. Solid welded

4.9.3. Equipped with side channel supports

4.10. WALLS: The walls of the tank must be:

4.10.1. Composed of a steel plate measuring a minimum of 0.25 inches thick

4.10.2. Solid welded

4.10.3. Equipped with at least three support channels

4.10.4. Tank Front: The front of the tank must have:

4.10.4.1. Minimum 0.25-inch-thick steel plate

4.10.4.2. One (1) 21- or 25-inch manway

4.10.4.3. One (1) level gauge

4.10.4.4. One (1) drain valve

4.10.4.5. One (1) fill pipe

4.10.5. Tank Rear: The rear of the tank must have:

4.10.5.1. Minimum 0.25-inch-thick steel plate

4.10.5.2. One (1) each drain valve

4.10.5.3. One (1) 21- or 25-inch manway (curbside)

4.10.6. Coatings: The tank must have the following coatings:

4.10.6.1. Interior: 18-millimeter Epoxy-based lining, sandblasted

4.10.6.2. Exterior: Paint Stage 2

NOTE: TxDOT may request detailed specifications from vendor prior to award.

5. DELIVERY REQUIREMENTS: Delivery of the tanks on this contract must be completed within the number of days specified in the contract. Any tanks not delivered within this time frame may be canceled from the contract or, at TxDOT's option, an extension may be granted in writing, whichever is in TxDOT's best interest. If any tanks are canceled for non-delivery, the needed tanks may be purchased elsewhere, and the vendor may be charged any additional increase in cost and handling.

NOTE: TxDOT will not be responsible for off-loading the tanks.

6. ACCEPTANCE INSPECTION: All tanks ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than five working days, weather permitting.

The vendor will be notified within this time frame of any tanks not delivered in full compliance with the contract specifications. If any tanks are canceled for non-acceptance, the needed tanks may be purchased elsewhere, and the vendor may be charged any additional increase in cost and handling.

7. WARRANTY REQUIREMENTS:

7.1. PERFORMANCE WARRANTY: Work performed under the contract must meet all applicable standards and codes. The vendor must guarantee all work included in the contract against any defects in workmanship and satisfactorily correct, at no cost to TxDOT, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by TxDOT.

7.2. MATERIAL WARRANTY: Materials must be warranted against material defects and defects in workmanship for a period of not less than 12 months and cover 100% parts and labor. The warranty period shall commence upon date of acceptance by TxDOT. If the manufacturer's standard warranty period exceeds 12 months, then the standard warranty period shall be in effect. The vendor shall be ultimately responsible for the warranty. The vendor must provide the designated TxDOT representative with all manufacturers' warranty documents upon completion of service prior to leaving the job site.

8. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT.

8.1. An unsatisfactory performance determination includes, but is not limited to:

8.1.1. Failure to deliver any portion of the order.

8.1.2. Any requirement not met as outlined in the specification requirements determined by TxDOT.

NOTE: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both, in addition to any other rights, liquidated damages and remedies provided by the contract or allowed by law.

8.2. An exceptional performance determination includes, but is not limited to:

8.2.1. Delivery made early upon TxDOT personnel request.

8.2.2. Product upgrade substitution suggested and accepted at no additional cost to TxDOT.

8.2.3. Vendor commended for exceptional customer service.

8.2.4. Exceptional service provided.

8.2.5. Provided setup assistance when not required.

9. ADDITIONAL INVOICING INSTRUCTIONS:

9.1. The vendor must invoice in accordance with Paragraph 4.03 of the Terms and Conditions attached.

9.2. Documentation validating the invoice charges must be emailed to the designated TxDOT representative.

10. TxDOT RESPONSIBILITIES: TxDOT will:

10.1. Provide a point of contact.

11. CONTRACT ADMINISTRATION: Administration of the contract is a joint responsibility of the TxDOT contract administrator and TxDOT purchasing staff.

Purchasing staff will be responsible for administering the contractual business relationship with the vendor.

11.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent.

11.2. Upon issuance of contract, TxDOT will designate an individual to serve as the contract manager and point of contact between the agency and the vendor.

The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way, or waive strict performance of the terms or conditions of the contract. This individual's contract management and contract administration responsibilities include, but are not limited to:

11.2.1. Monitoring the vendor's progress and performance and ensuring goods conform to established specification requirements.

11.2.2. Managing the financial aspects of the contract including approval of payments.

11.2.3. Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action.

11.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

11.2.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide version 3.0.

Revised: September 27, 2023

1 - 1

TEXAS FAMILY CODE SCHEDULE

SOLICITATION NO. 601310000099448

Ineligibility to Receive State Grants or Loans or Receive Payment on State Contracts Respondent shall fill out the appropriate information, sign and return the schedule.

Under Family Code §231.006, relating to child support obligations, Respondent and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate. Any response submitted under this solicitation shall contain the names and social security numbers of person or entity holding at least a twenty-five percent ownership interest in the business entity submitting the response.

Respondents meeting the ownership must complete the following:

XXX-XX-

Name Social Security Number

XXX-XX-

Name Social Security Number

XXX-XX

Name Social Security Number

If respondent does not meet the ownership criteria under Texas Family code - Section 231.006, check the box below, sign and return the schedule.

This Schedule is not applicable

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

Signature

Title

THIS PAGE MUST BE RETURNED WITH THE RESPONSE. FAILURE TO SIGN AND RETURN THIS

PAGE MAY RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.

SOLICITATION No. 601310000099448

DATA SHEET SCHEDULE

REFURBISHED 500 BBL FRAC TANK-DALLAS DISTRICT

THE DATA SHEET(S) SCHEDULE FOR EACH UNIT SIZE MUST BE RETURNED WITH

VENDOR’S RESPONSE. FAILURE TO PROVIDE COMPLETED DATA SHEET(S) SCHEDULE

WITH THE RESPONSE WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-

RESPONSIVE. WRITING “SEE ATTACHED SPECS” OR ANY VARIATION OTHER THAN THE

REQUESTED INFORMATION WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-

RESPONSIVE.

1 - 2

Make: _______________________ Model: ___________________________

Tank Capacity in gallons: __________________ Tank Capacity in Barrels: ________________

Roof steel thickness: _______________

Wall steel thickness: _______________

Roof Hatch Dimensions in inches: ____________________________

Frac Tank width: ________________________

Frac Tank length: _______________________

Frac Tank height: _______________________

Frac Tank equipped with a ladder: Yes: ______________ No: ___________________

Number of External Manifolds: _________________________

External Manifolds measuring 4-inch ports including Butterfly Valves: Yes: ___________ No: ___________

Internal Tank Lining: Yes: __________________ No: _________________

Sealed and Leakproof: Yes: _________________ No: _________________

Come equipped with a 5th Wheel King Pin Hitch: Yes: ___________ No: ____________

Number of axles: ________________

Come equipped with air brakes and spring suspension: Yes: ____________ No: _______________

Come equipped with LED lighting kit meeting DOT requirements. Yes: _________ No: __________

Come with Warranty: Yes: ____________ No: _____________

Length of Warranty (if applicable): __________________________________________________

Pictures attached with bid submission: (Reference Specification 073-32-30, para. 3.7.) ___________________

Name of Company Authorized Representative Signature

SOLICITATION No. 601310000099448

DATA SHEET SCHEDULE

REFURBISHED 500 BBL FRAC TANK-DALLAS DISTRICT

THE DATA SHEET(S) SCHEDULE FOR EACH UNIT SIZE MUST BE RETURNED WITH

VENDOR’S RESPONSE. FAILURE TO PROVIDE COMPLETED DATA SHEET(S) SCHEDULE

WITH THE RESPONSE WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-

RESPONSIVE. WRITING “SEE ATTACHED SPECS” OR ANY VARIATION OTHER THAN THE

REQUESTED INFORMATION WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-

RESPONSIVE.

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IMPORTANT NOTES:

1) VENDOR MUST HAVE THE CAPABILITY AND RESOURCES NECESSARY TO OFFLOAD

EQUIPMENT/GOODS ON TxDOT PROPERTY UPON DELIVERING.

2) UNIT PRICE FOR ITEM BID MUST INCLUDE FREIGHT CHARGES TO SHIP EQUIPMENT/GOODS TO

THE FINAL DESTINATION/ADDRESS LISTED ON THE SOLICITATION DOCUMENTS.

3) VENDOR SHALL PROVIDE PICTURES OF THE CERTIFIED REFURBISHED FRAC TANK PROVIDED

WITH BID SUBMISSION. PICTURES SHALL PROVIDE ENOUGH VIEWS OF THE FRAC TANK TO

SHOW CONDITION OF THE COMPLETE TANK.

4) DELIVER FRAC TANK TO THE CORNER OF THE INTERSECTIONS OF HWY 5, FM 902 AND US 75 ON

THE NORTHBOUND SIDE OF US 75 ACROSS FM 902 FROM HOWE HIGH SCHOOL. THE FOLLOWING

LINK BELOW WILL PROVIDE A VIEWABLE MAP OF THE DELIVERY LOCATION.

https://maps.app.goo.gl/KWdG6kEoPknFetXq8

5) VENDOR TO CORDINATE WITH JOSHUA MONTGOMERY AT 214-385-9241 PRIOR TO DELIVERY.

Revised August 2025 i

TERMS AND CONDITIONS

TABLE OF CONTENTS

PART 1. INTRODUCTION

1.01 GENERAL

1.02 STATUTORY AUTHORITY

1.03 TITLE VI ASSURANCE

1.04 ENVIRONMENTAL IMPACT

1.05 COMPLIANCE WITH LAWS

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

2.02 RESPONSE SUBMISSIONS

2.03 PRICING

2.04 ADA CONSIDERATIONS AND NOTIFICATION

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

2.07 DETERMINING AWARD

2.08 PREFERENCES

2.09 DELIVERY

2.10 INSPECTIONS AND TESTS

2.11 VENDOR PERFORMANCE

PART 3. RESPONDENT AFFIRMATIONS

3.01 FALSE STATEMENTS

3.02 REPRESENTATIONS, WARRANTIES, AND COVENANTS

3.03 GRATUITIES

3.04 CERTAIN BIDS AND CONTRACTS PROHIBITED

3.05 ANTITRUST LAWS

3.06 DECEPTIVE TRADE PRACTICES; UNFAIR BUSINESS PRACTICES

3.07 COLLUSION

3.08 INELIGIBILITY UNDER FAMILY CODE

3.09 CONTRACTING WITH EX-TXDOT EXECUTIVE DIRECTOR

3.10 DEBT TO THE STATE

3.11 RESPONDENT ELIGIBILITY

3.12 NEPOTISM DISCLOSURE

3.13 BOYCOTTING ISRAEL

3.14 DISCLOSURE OF RESTRICTED EMPLOYMENT

3.15 ANTI-TERRORISM OR TERRORIST ORGANIZATION PROHIBITED

3.16 CONTRACTING INFORMATION RESPONSIBILITIES

3.17 HUMAN TRAFFICKING PROHIBITION

3.18 NO CONFLICTS OF INTEREST

3.19 COVID VACCINE PASSPORTS

3.20 FIREARM AND AMMUNITION DISCRIMINATION

3.21 LONE STAR INFRASTRUCTURE PROTECTION ACT

3.22 BOYCOTTING ENERGY COMPANIES

3.23 FOREIGN ADVERSARIES

PART 4. GENERAL TERMS AND CONDITIONS

4.01 CONTRACTS

4.02 FUNDING

4.03 INVOICING

4.04 PAYMENT

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4.05 INTELLECTUAL PROPERTY

4.06 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS

4.07 CYBER SECURITY TRAINING

4.08 SITE VISITS

4.09 NON-WAIVER OF RIGHTS

4.10 LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS

4.11 VENUE AND JURISDICTION; APPLICABLE LAW

4.12 VENDOR ASSIGNMENTS

4.13 FORCE MAJEURE

4.14 RIGHT TO AUDIT

4.15 INDEMNIFICATION

4.16 DAMAGE TO TXDOT PROPERTY

4.17 PUBLIC INFORMATION ACT AND CONFIDENTIALITY

4.18 BUY TEXAS

4.19 COMPETENCE OF VENDOR

4.20 CORRECTIONS TO WORK

4.21 IT SERVICE CONTRACTS SECURITY

4.22 NOTICES

4.23 PUBLIC DISCLOSURE

4.24 DISASTER RECOVERY PLAN

PART 5. INSURANCE

5.01 PRIOR TO CONTRACT AWARD

5.02 DURING TERM OF CONTRACT

5.03 WAIVER OF SUBROGATION ENDORSEMENT

5.04 WORKERS’ COMPENSATION INSURANCE

5.05 WORKERS’ COMPENSATION INSURANCE FOR BUILDING AND CONSTRUCTION

SERVICES

5.06 COMMERCIAL GENERAL LIABILITY INSURANCE

5.07 COMMERCIAL AUTOMOBILE POLICY

PART 6. VENDOR PERSONNEL MANAGEMENT

6.01 INDEPENDENT CONTRACTOR

6.02 ALCOHOL, DRUG, AND SMOKE-FREE WORKPLACE ... ERROR! BOOKMARK NOT DEFINED.

6.03 REPLACEMENT OF PERSONNEL

6.04 LABOR/MATERIAL/EQUIPMENT

6.05 ENGLISH-SPEAKING STAFF

6.06 FELONY CRIMINAL CONVICTIONS

6.07 SUBCONTRACTING REQUIREMENTS

6.08 PAYMENT OF SUBCONTRACTORS

6.09 VENDOR TITLE VI AFFIRMATIONS

6.10 E-VERIFY

PART 7. DISPUTE RESOLUTION

7.01 DISPUTE RESOLUTION

PART 8. CONTRACT TERMS

8.01 TERM OF CONTRACT

8.02 ORDER OF PRECEDENCE

8.03 TERMINATION OF A CONTRACT

8.04 REMEDIES

8.05 SALE OR ASSIGNMENT

8.06 RENEWAL OF CONTRACT

8.07 EXTENSION OF CONTRACTS

8.08 SEVERABILITY CLAUSE

8.09 AMENDING THE CONTRACT

iii

8.10 THIRD-PARTY BENEFICIARIES

8.11 BINDING EFFECT AND SURVIVAL OF OBLIGATIONS

APPENDIX A

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TERMS AND CONDITIONS

PART 1. INTRODUCTION

1.01 GENERAL: These Terms and Conditions apply to the solicitation for goods and/or services [whether a Request for Quote (RFQ), Invitation for Bid (IFB), Request for Offer (RFO) or Request for Proposal (RFP)] offered by the Texas Department of Transportation (TxDOT) (“solicitation”) and any contract issued by TxDOT resulting from the solicitation (“purchase order” or “contract”). The term “response” or “bid” means the proposal, quote, bid, or offer made to TxDOT in response to the solicitation. The term “respondent” or “bidder” means the party who submits the response to the solicitation, including the vendor. The term “vendor” or “contractor” means the party listed as vendor in the contract. Any reference to time in the solicitation or contract shall mean central time.

1.02 STATUTORY AUTHORITY: The solicitation and contract are authorized by Government Code Title 10, Subtitle D (the “Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the Purchasing Act [in particular, Government Code Chapter 2151 (General Provisions), Chapter 2155 (Purchasing: General Rules and Procedures), Chapter 2157 (Purchasing: Purchase of Automated Information Systems), and Chapter 2161 (Historically Underutilized Businesses, “HUBs”)] and those requirements established by rule of the Texas Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD), as contained in Title 34, Chapter 20, of the Texas Administrative Code (“TAC”), and to other applicable federal and state statutes and rules herein cited. Any references in this contract to the “Government Code” mean the Texas Government Code.

1.03 TITLE VI ASSURANCE: TxDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and 49 C.F.R. Part 21 and 28 CFR §50.3 (for purposes of this section and §6.10 only, the “Acts” and the “Regulations,” respectively), hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Nondiscrimination programs require that federal-aid recipients, sub-recipients, and contractors prevent discrimination and ensure nondiscrimination in all their programs and activities, whether those programs and activities are federally-funded or not.

1.04 ENVIRONMENTAL IMPACT: It is TxDOT’s intent to purchase goods, equipment, and services having the least adverse environmental impact within the constraints of statutory purchasing requirements, departmental need, availability, and sound economic considerations in accordance with 34 TAC §20.306 and 20.307.

1.05 COMPLIANCE WITH LAWS: Vendor must comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting contract performance, including, if applicable, laws and regulations regarding workers’ compensation, minimum and maximum salaries and wages, prompt payment, and licensing. Vendor must maintain all licenses and certifications required by law or by the contract throughout the term of the contract. When required, vendor must furnish TxDOT with satisfactory proof of its compliance.

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

(a) Respondent must carefully examine the solicitation. Respondent is responsible for securing any additional information from the TxDOT purchaser needed to gain a clear and full understanding of TxDOT’s requirements.

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(b) TxDOT will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. Any revision, clarification, or interpretation pertaining to the solicitation will be in writing and issued by TxDOT as an addendum. Any change or interpretation not in an addendum will not legally bind TxDOT. Any addendum must be issued through TxDOT’s Procurement Division.

(c) The goods furnished or services performed shall be in accordance with the specifications set forth in the solicitation and with these Terms and Conditions. TxDOT will provide clarification of the specifications and determine the quality and acceptability of goods furnished or work performed.

If the solicitation is for a service, TxDOT will determine the manner of performance, the rate of progress of the work, and whether vendor’s performance of the service is acceptable.

(d) Any catalog, brand name, or manufacturer’s reference used in the solicitation is descriptive only (not restrictive) and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised as proprietary or sole source under Government Code §2155.067. Respondent must show manufacturer, brand or trade name, and other description of the product offered in response to the solicitation. If offer is for other than example(s) shown in the solicitation, include illustration(s) and complete description(s) of product(s) in the response to the solicitation. If respondent takes no exception to specifications or reference data in the response, vendor will be required to furnish brand names, numbers, etc., as specified.

(e) Unless otherwise specified, all goods offered must be new and in first-class condition, including shipping and storage containers. Verbal agreements to the contrary will not be recognized.

(f) Manufacturer’s standard warranty must apply unless otherwise stated in this solicitation.

(g) All electrical items must meet all applicable OSHA standards and regulations and bear the appropriate listing from UL, FMRC, or NEMA.

(h) Any iron or steel product produced through a manufacturing process and used in the project must be produced in the United States, to the extent required by Government Code Chapter 2252, Subchapter G. That Subchapter generally applies to contracts to (A) construct, remodel, or alter a building, a structure, or infrastructure; (B) supply a material for a project described by subsection (A); or (C) finance, refinance, or provide money from funds administered by a governmental entity for a project described by subsection (A).

2.02 RESPONSE SUBMISSIONS

(a) Response must be submitted as noted in the solicitation.

(b) Late responses will not be considered under any circumstances.

(c) Documentation provided with the response should be complete and comprehensive. TxDOT will not be responsible for locating or securing information not included in the response. Failure to furnish required documentation with the response may result in the response being deemed incomplete and non-responsive, resulting in rejection. TxDOT will not be responsible for any expenses relating to responses or development of documentation that may result from this solicitation.

(d) Failure to sign the solicitation will disqualify the response. The person signing the response must have authorization to contractually bind the company. The solicitation response must include an Employer Identification Number (EIN) and full firm name and address. The EIN should be entered in the space provided on the solicitation.

(e) Facsimile (Fax) responses will not be considered unless otherwise stated in the solicitation. Fax responses must be received before the hour and date specified for the solicitation opening.

TxDOT will not be responsible for failure of electronic equipment or operator error. Responses that are late, illegible, incomplete, or otherwise non-responsive will not be considered.

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(f) Email responses may be accepted if stated on the solicitation. Email responses must be received before the hour and date specified for the solicitation opening and be in Portable Document Format (PDF) (except for pricing schedules, which must be submitted in Excel format using the pricing spreadsheet developed by the department). All attached documents together must not exceed a total of 20 MB, must be signed by respondent, and be attached to the email to be considered for award. TxDOT will not be responsible for failure of electronic equipment, operator error, or system delays or outages. Responses that are late, illegible, incomplete, file-corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

(g) RESPONDENT EXCEPTIONS OR CONDITIONED RESPONSES: Exceptions taken by respondent to TxDOT’s Terms and Conditions, or respondent’s Terms and Conditions attached to a response, will not be considered unless specifically referred to and clearly identified as such within the response, including, without limitations, exceptions related to software maintenance and usage or equipment maintenance services. TxDOT may reject a response that takes exception to TxDOT’s Terms and Conditions.

(h) TxDOT reserves the right to accept or reject all or any part of any response, waive minor technicalities, and make an award to best serve the interests of the state. TxDOT reserves the right to reject any response not prepared and submitted in accordance with the solicitation requirements.

(i) Response should indicate number of days required to deliver goods, or begin service (if required), at TxDOT’s designated location. Failure to indicate delivery time obligates vendor to complete delivery in fourteen (14) calendar days.

(j) Samples, when requested, must be furnished at no cost to TxDOT. TxDOT may perform tests on samples. If not destroyed in testing, samples will be returned upon request at respondent’s expense. Each sample must be marked with respondent’s name and address and TxDOT solicitation number. Samples must not be enclosed or attached to a response unless specified in the solicitation.

(k) The response, including price, is irrevocable for 120 calendar days following the hour and date specified for the solicitation opening. TxDOT may extend this period with respondent’s written agreement.

2.03 PRICING

(a) TxDOT’s automated purchasing system requires pricing to be submitted per unit and extended by multiplying the submitted price by the quantity. Unit prices govern in the event of extension errors. If a trade discount is offered on the solicitation response, it should be deducted, and net line extensions should be shown.

(b) All purchases are on a firm, fixed price basis unless otherwise stated in the solicitation.

(c) Vendor must not increase price(s) during the term of the contract unless otherwise stated in the contract. Vendor must give price reductions to TxDOT that result from reduced cost to vendor during the term of the contract.

(d) All prices must be F.O.B. destination, freight prepaid and allowed. This means vendor must prepay the freight charges and include them in the unit price.

(e) Purchases made for state use are exempt from state and local sales tax and federal excise tax.

Do not include tax in response pricing unless otherwise specified in the solicitation. State Sales Tax and Federal Excise Tax Exemption Certificates will be furnished by TxDOT on request.

(f) The contract may contain a “Total Cost Not to Exceed” statement. Vendor must not perform any work that may exceed either the contract total or the not-to-exceed total without prior written authorization from TxDOT.

(g) Consistent and continued tie response pricing may lead to rejection of the responses by TxDOT and investigation for antitrust violations.

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2.04 ADA CONSIDERATIONS AND NOTIFICATION: Persons with special needs or disabilities who plan to attend any pre-response conference or bid opening and who require auxiliary aids or service should contact the purchaser noted on the solicitation as the point-of-contact a minimum of three (3) business days prior to the meeting so arrangements can be made.

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

(a) At the time of opening for RFOs or RFPs, only the names of respondents will be announced.

Prices will not be disclosed.

(b) At the time of opening for RFQs and IFBs, names of respondents will be announced, and pricing disclosed.

(c) Information submitted in an accepted response will not be returned to respondent. Government Code Chapter 552 (the “Public Information Act”) allows the public to have access to information in the possession of a governmental body through an open records request. Therefore, respondent must clearly identify in the response any confidential or proprietary information. Proprietary information identified by respondent in the response will be kept confidential by TxDOT to the extent permitted by state law. TxDOT will use best efforts to give respondent or vendor an opportunity to present to the Office of the Attorney General its arguments for non-disclosure of its identified confidential or proprietary information.

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

(a) Any alterations to a response made before the opening date and time must be initialed by respondent or authorized agent. Response cannot be altered or amended after the opening date and time.

(b) A response may be withdrawn if requested in writing prior to the opening or closing date and time.

A response may be withdrawn from consideration after the opening date only with the approval of TxDOT based on respondent’s written, acceptable reason. The response will not be considered for award but will be retained by TxDOT according to the response information confidentiality provision referenced in §2.05 (c).

2.07 DETERMINING AWARD: A response to a solicitation is an offer to contract with TxDOT based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become contracts unless and until they are accepted through an authorized TxDOT designee by issuance of a contract. In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations, unless otherwise stated in the solicitation.

(a) BEST VALUE CRITERIA FOR PURCHASE OF GOODS OR SERVICES: When specified in the solicitation, the factors listed in Government Code §2155.074 will be considered in making a best value award. This section allows TxDOT to apply best value criteria to obtain goods and services that provide the best value for TxDOT. Under these guidelines, a respondent is not automatically awarded a contract if they submit the lowest bid response. TxDOT will be the sole judge as to which response is the most advantageous and in the best interest of TxDOT.

Factors, other than price, that may be considered in making an award:

(1) Installation costs.

(2) Life cycle costs.

(3) Quality and reliability of goods and services.

(4) Delivery terms.

(5) Indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support.

(6) Cost of any employee training associated with a purchase.

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(7) The effect of a purchase on agency productivity.

(8) The impact of a purchase on the agency's administrative resources.

(9) Other factors relevant to determining best value for the state set forth in the solicitation.

(b) ADDITIONAL BEST VALUE CRITERIA FOR RFO PURCHASES: As provided in Government Code §2157.003, additional best value criteria…