ESBD_499410_1774536899727_1_Part A 304T-26-975M4.1 Em Ground Support.pdf

10-30-2025 Solicitation No. 304T-26-975M4.1 Page A1

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

REQUEST FOR PROPOSALS

Emergency Ground Support Equipment Rental, Contingency

RFP No. 304T-26-975M4.1

NIGP CLASS-ITEMS

910-27 971-82 975-37 975-46 977-73 981-12 981-43 981-57

990-30

SCHEDULE OF EVENTS

ESBD Posting Date March 26, 2026 HUB Subcontracting Plan Courtesy Review Submission Deadline Date April 10, 2026

Pre-Proposal Conference Date and Time April 6, 2026 @ 9:00 AM Questions Submission Deadline Date April 8, 2026 Response to Questions through Addendum Date, or as soon thereafter as practical April 10, 2026

RESPONSE DUE DATE April 28, 2026 RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATIONS WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.10.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

HUB SUBCONTRACTING PLAN - Reference Section A.12

MANDATORY PRICE SHEET

CPA may disqualify any response received without the required documentation identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR)

RESPONSES TO ATTACHMENT F - Ability to Perform and Past Performance IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.15 AND SECTION A.16 FOR SUBMISSION REQUIREMENTS

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 AUTHORITY TO USE CONTRACT

A.4 TERM OF THE CONTRACT

A.5 PRICING

A.5.1 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.5.2 REFUELING CONVENIENCE FEE

A.5.3 HAZARDOUS MATERIAL/ENVIRONMENTAL FEE

A.5.4 LONG DISTANCE DELIVERIES (TRANSPORTATION FEE)

A.5.5 LANDFILL FEES

A.5.6 CHARGE FOR EQUIPMENT ORDERED BUT NOT USED

A.6 PRICE ADJUSTMENTS

A.6.1 PRICE DECREASES OR DISCOUNT INCREASES

A.6.2 PRICE ADJUSTMENT CALCULATION

A.6.3 PRICE ADJUSTMENT REQUESTS

A.6.4 TARIFFS

A.7 INSURANCE

A.8 REQUIREMENTS AND SPECIFICATIONS

A.8.1 CONTRACTOR REQUIREMENTS

A.8.2 CONTRACTOR PERSONNEL REQUIREMENTS

A.8.3 LINE ITEMS

A.8.4 QUANTITIES

A.9 PURCHASE ORDERS, INVOICES AND REPORTING

A.9.1 CUSTOMER PURCHASE ORDERS

A.9.2 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.9.3 REPORTING REQUIREMENTS

A.9.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.10 RESPONSE INFORMATION

A.10.1 SCHEDULE OF EVENTS

A.10.2 SOLICITATION ADDENDA

A.10.3 QUESTIONS AND ANSWERS

A.10.4 POINTS OF CONTACT

A.10.5 PRE-PROPOSAL CONFERENCE

A.10.6 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.11 HUB SUBCONTRACTING PLAN

A.12 DISCLOSURE OF INTERESTED PARTIES

A.13 EVALUATION OF RESPONSE

A.13.1 RESPONSIVENESS

A.13.2 RISK OF NON-PERFORMANCE

A.13.3 TIES

A.13.4 EVALUATION PROCESS

A.13.5 EVALUATION FACTORS

A.14 AWARDS

A.14.1 AWARD APPROACH

A.14.2 NON-AWARD

A.14.3 AWARD NOTICE

A.14.4 SUBSTITUTIONS

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A.15 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.15.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.15.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.15.3 ATTACHMENT B - RESPONDENT INFORMATION

A.15.4 ATTACHMENT C - PREFERENCES

A.15.5 ATTACHMENT D - INSURANCE STATEMENT OF INTENT

A.15.6 ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR APPROVAL

A.15.7 RESPONSES TO ATTACHMENT F - ABILITY TO PERFORM AND PAST PERFORMANCE

A.15.8 HUB SUBCONTRACTING PLAN (HSP) - REFERENCE SECTION A.11

A.15.9 PROPOSAL SUBMISSION

A.15.10 MANDATORY PRICE SHEET

A.15.11 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.15.12 SIGNED ADDENDA TO SOLICITATION

A.16 SUBMITTING THE RESPONSE TO CPA

A.16.1 ELECTRONIC SUBMISSION (PREFERRED)

A.16.2 HARD COPY SUBMISSION

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A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA The Texas Comptroller of Public Accounts, the state agency issuing this Solicitation.

Customer State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

DEF Fluid Diesel Exhaust Fluid.

Disaster Regions For administrative purposes, the Texas Division of Emergency Management has divided Texas into eight Disaster Regions. Please see the Mandatory Price Sheet.

Dispatch/Dispatching To ship or send requested rental equipment to a destination.

ESBD The Electronic State Business Daily, which is available online at http://www.txsmartbuy.gov/esbd

FOB Destination The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

Party or Parties Either CPA or Respondent, separately or collectively.

Respondent Any person or company that submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

SOC State Operations Center located in Austin, Texas.

Solicitation This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

STAR State of Texas Assistance Request used by local governments and state agencies when responding to emergencies.

TCEQ Texas Commission on Environmental Quality.

TDEM Texas Division of Emergency Management.

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for Emergency Ground Support Equipment Rental, Contingency.

The major customer for these items and services is the Texas Division of Emergency Management

(TDEM).

These services and commodities are required for all-hazards emergency preparedness and response and may be simultaneously dispatched to one or more locations throughout the state of Texas prior to, during, or after an incident or event occurs. All-hazards planning and preparedness addresses natural, technological, adversarial, or human caused incidents or events.

http://www.txsmartbuy.gov/esbd

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CPA and TDEM particularly seek to prepare for events like the recent natural disaster Hurricane Harvey, which in 2017 inflicted $125 billion in damages and displaced over 30,000 people.

Historically, the services requested under this RFP are used by the Customer for periods ranging from 4 days to 6 weeks, but the duration is dependent upon the scale and scope of the emergency. Therefore, rental periods may be required for both short and long durations, as needed.

A.3 AUTHORITY TO USE CONTRACT

The contract will be available for use by all state agencies; institutions of higher education and cooperative members, providing there is no conflict with any applicable statutes, rules, policies, or procedures. State agencies and eligible entities as described above will have the ability to use the pricing as agreed upon within the contract.

State agencies, higher education and Texas SmartBuy members will issue their internal purchase orders directly to the Contractor(s); however, Customers shall reference and cite the CPA contract number within the purchase order document.

During an emergency, Contractor shall give priority to TDEM purchase orders.

Purchases against this Contract may be made during a non-declared emergency event.

A.4 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on December 31, 2026.

1st Renewal Option: January 1, 2027, through December 31, 2027 2nd Renewal Option: January 1, 2028, through December 31, 2028 3rd Renewal Option: January 1, 2029, through December 31, 2029 4th Renewal Option: January 1, 2030, up to one (1) additional year

CPA may unilaterally renew the Contract.

A.5 PRICING

A.5.1 Pricing Structure – Firm Price with Escalation

Response prices must be firm, all-inclusive, fixed prices. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, that if a Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price under the Contract.

Unit prices must include all Contract requirements. Therefore, unit pricing for rental equipment must include all vendor-related fees, and fees associated with renting and maintaining the equipment per the terms of this solicitation, except those items listed separately on the Mandatory Price Sheet or fees specifically allowed (listed below) by this solicitation. No other additional fees will be permitted to be invoiced as a separate line item.

For the purposes of this Contract, a week will be seven (7) days and a month twenty-eight (28) days.

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A.5.2 Refueling Convenience Fee

For purposes of determining the average base cost of fuel:

• “Texas All Grades All Formulations Retail Gasoline Prices” dataset provided by the U.S.

Energy Information Administration will be used for determining gasoline average price;

• “Gulf Coast No 2 Diesel Retail Prices” dataset will be used for determining diesel average price.

The Refueling Convenience Fee may only be assessed in the event the Customer returns equipment with a less-than-full tank of fuel. This fee has been pre-determined, will remain constant throughout the contract, and will be assessed as follows:

Average price of fuel (per gallon of gas or diesel) two months prior to date of rental start + 3.00 per gallon refueling convenience fee. = price per gallon of fuel.

Example: $2.557 avg. cost of gas per gallon for February 2026 + $3.000 refueling convenience fee (flat fee per gallon)

= $5.557 total charge per gallon

A.5.3 Hazardous Material/Environmental Fee

In the event rental equipment comes into verifiable contact with hazardous material Customer will notify Contractor. Contractor may then charge Customer a reasonable fee for cleaning the equipment upon return. The fee assessed must be supported by documentation provided by Contractor that reflects the lesser of the true cost of proper cleaning and disposal of contaminated material, or the depreciated value of the affected equipment.

A.5.4 Long Distance Deliveries (Transportation Fee)

For deliveries greater than a 100-mile radius from the equipment’s origin location, Contractor may assess a per-mile transportation fee. For example, a delivery that is 110 miles away from a facility will be assessed the standard delivery and pickup fees plus an additional transportation fee for the remaining 10 miles, each way.

Should conditions dictate a need for a non-standard delivery, Contractor may quote the Customer in writing for the non-standard delivery. The Customer’s authorized point of contact must be notified of the non-standard delivery as soon as possible and may, at their sole discretion, either approve or deny the quoted fee. This fee may only be used in rare and pressing circumstances during declared disasters.

An example of a non-standard delivery would be a Contractor’s delivery driver discovering that a bridge is closed and is forced to take a longer alternative route.

A.5.5 Landfill Fees

In order for Contractor to be reimbursed for landfill fees, Contractor must provide a landfill ticket to the Customer.

For a landfill ticket to be considered valid, it must contain the following information at minimum:

1. Contractor’s name

2. Origin (Customer’s name)

3. Weight of load https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=pet&s=emm_epm0_pte_stx_dpg&f=m https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=pet&s=emd_epd2d_pte_r30_dpg&f=m

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4. Any applicable overage fees

5. Date of haul

6. Name and address of landfill location

To be reimbursed for this fee, Contractor must certify to the Customer at time of submission of reimbursement request that Contractor used a landfill within a reasonable distance of the load collection that offered the best price for disposal of Customers’ waste.

A.5.6 Charge for Equipment Ordered but Not Used

Contractor must provide a fixed rate per piece of rental equipment that is either: 1) delivered and not used or 2) rejected at the destination site. This charge will be used in lieu of the standard rental fee.

Additionally, if the equipment is not in full compliance with the Contract, Contractor must remove and replace the equipment and may not charge the Customer a rental fee or fee for “Equipment Ordered but Not Used”.

There shall be no charge assessed if the Customer cancels the requested equipment at least 24 hours prior to dispatching. However, if Customer requests Contractor reserve roll-off dumpsters and Customer does not use them, Contractor may charge Customer the applicable “Charge for Equipment Ordered but not Used” fee, even if the roll-offs dumpsters were not dispatched.

A.6 PRICE ADJUSTMENTS

A.6.1 Price Decreases or Discount Increases

Contractor shall immediately implement any price decrease or discount increase that becomes available. Contractor shall notify CPA of price decreases or discount increases by email to:

spd.cmo@cpa.texas.gov

A.6.2 Price Adjustment Calculation

Prices may be adjusted annually at time of renewal or at the sole discretion of CPA throughout the term of the Contract upwardly or downwardly when correlated with the index specified below and published by the Bureau of Labor Statistics (BLS).

BLS website: http://data.bls.gov/cgi-bin/srgate

Proposed pricing for Line 1: Contractor Liaison must remain firm for the entire term of the contract and any renewal periods.

Line(s) Producer Price Index Percentage Description

2-3 WPU05320104 100% Fuels and Related Products and Power-Propane

4-42, 44-46, 48-66, 68-98, 100-109, 111- 130, 133-156

PCU532412532412 100%

Other Heavy Machinery Rental and Leasing

43, 47, 67, 99, 110, 131, 132 WPU10260301 100% Metals and Metal Products: Electronic

Wire and Cable 157-161 PCU562111562111 100% Solid Waste Collection 162-179 PCU561720561720 50% Janitorial Services mailto:spd.cmo@cpa.texas.gov http://data.bls.gov/cgi-bin/srgate

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162-179 PCU562111562111 25% Solid Waste Collection

162-179 PCU484121484121 25% General Freight Trucking, Long- Distance Truckload

Note: Enter the index number in the Series ID box and click Next and “Retrieve Data.”

For a price adjustment request, after the initial contract term, the Contractor will calculate the maximum allowable Contract price using the following formula:

Maximum Allowable Contract Price = (Original Awarded Price ÷ Original Index) x New Index, where:

(1) “Original Awarded Price” is the price at which the item was initially awarded to the Contractor;

(2) “Original Index” is the index value for the month and year that Responses to this Solicitation were submitted; and

(3) “New Index” is the index value for the month and year that the price increase request is submitted.

If the Respondent can demonstrate that the price index lags behind costs of performance or does not account for significant costs of performance, Respondent may request CPA to consider other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider cost documentation that in its sole discretion is acceptable. Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, (3) certified as complete and accurate by the Respondent, under penalty of perjury, and (4) include the proportion or amount of the respective cost (i.e., fuel is 15% of the total cost or fuel cost is $30.00 of the total cost). CPA may reject cost documentation in its sole discretion.

A.6.3 Price Adjustment Requests

Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the Contract, price adjustments may be requested based upon the formula in Section A.5.2.

CPA may accept, reject, or negotiate price adjustments. The Contractor will receive written notification from Statewide Contract Management (SCM) documenting action taken, including effective dates, when appropriate.

If a complete, properly submitted price increase request is rejected, the Contractor may request to cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests. CPA will specify the effective date of item cancellation in its written notice of approval. Purchase orders dated prior and up to the effective date of approval or cancellation, as applicable, must be honored at the Contract price in effect when issued.

Price adjustment requests and cancellation requests under this section should be sent by email to:

spd.cmo@cpa.texas.gov

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A.6.4 Tariffs

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

A.7 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract (and any renewal periods) the minimum insurance coverage specified in the table below.

The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See Section A.15.11. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

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Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate

Commercial General Liability (Occurrence based) Required types of coverage: Blanket, Broad Form Property Damage, Premises and Operations Hazards, Products and Completed Operations Hazards, Independent Contractor’s, and Contractual Liability

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability

Automobile Liability All Owned, Hired and Non-Owned Vehicles (Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

$500,000 Combined Single Limit (for each accident)

Workers’ Compensation (Required if the Contractor has one or more employees)

Statutory Limits

Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Umbrella or Excess Liability

$1,000,000 of additional coverage (either Umbrella or Excess Liability) for all liability policies required for this Contract (excluding Workers’ Compensation insurance)

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

All required insurance policies must be issued from a company or companies with a Financial Strength Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

All insurance policies must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to CPA. Except as specified below, all of the Contractor’s insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance;

(3) name the state of Texas, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

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(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this Contract or any purchase order.

Contractor shall submit current certificates of insurance to CPA within five business days of receiving a request from CPA. In its sole discretion, CPA may allow Contractor to satisfy insurance requirements with coverage of a third-party providing goods or services under the Contract, such as products liability coverage provided by a manufacturer, that will provide comparable protection to CPA and Customers. However, the Contractor shall maintain at least $1,000,000 of commercial general liability coverage for itself.

The Contractor must provide proof of coverage. Notices shall be sent to the contact listed in Section A.10.4, Points of Contact. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR. CPA may, in its sole discretion, accept or reject any SIR in excess of $100,000, and Contractor shall provide any documentation requested by SPD. If the Respondent intends to use SIR, Respondent must complete and return Attachment E - Self Insured Retention Certification and Request for Approval.

Contractor shall:

(1) provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy;

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

A.8 REQUIREMENTS AND SPECIFICATIONS

A.8.1 Contractor Requirements

To be considered for a line-item award, Respondent must be able to supply the minimum quantity listed below for each line-item bid:

Forklifts: 50 Pallet Jacks: 50 Light Towers: 50 Trash Pumps: 25 Generators: 25 HVACs: 5 Roll-off Dumpsters: 50 Hand Wash Stations: 50 Portable Toilets: 100 Shower Facility: 25 Laundry Services: 5

Respondent shall indicate on Tab 1 - Disaster Regions of the Mandatory Price Sheet the disaster regions that they can service. However, if requested by TDEM, Contractor may be requested to deliver equipment to disaster regions outside of those initially selected by Contractor. Reference Section A.5.4.

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All rental equipment shall arrive to Customer’s specified delivery location with a full tank of fuel, be in first class condition, and ready for operation. Contractor will be responsible for all loading and unloading of rental equipment. Additionally, each propane-powered forklift must arrive with 3 full tanks of fuel. Refill tanks must be delivered within 24 hours of request.

Contractor shall provide 24 hour on-call equipment service, maintenance and replacement of broken equipment during a declared disaster. If Contractor is not able to provide a replacement within 24 hours, Customer reserves the right to procure the equipment elsewhere and charge contractor the difference in price for the duration of the declared disaster (not to exceed 60 days).

Contractor providing roll-off dumpsters must meet CDL requirements per weight requirements as needed. Contractor must have drivers that hold a current Commercial Driver’s License (CDL) with all necessary endorsements.

A.8.2 Contractor Personnel Requirements

The following Liaison Service requirements apply only to events where TDEM activates the SOC. In such large-scale emergency events, TDEM, at its sole discretion, may request a Contractor Liaison be present at the SOC.

1. As required by TDEM, the Contractor must provide a minimum of one person per operational shift who will serve as the Contractor’s single point of contact (Liaison) to the TDEM SOC with the authority to make decisions and provide knowledge of all on-going operations for the incident. Additional representation may be requested by TDEM based on the scale of the incident and must be provided by the Contractor. The Liaison will communicate status and coordinate mission assignments. Liaison must be able to track Contractor resources and provide status updates on dispatched equipment at a moment’s notice. Contractor shall only provide an appropriate number of SOC Liaisons based on the scale of each event. TDEM will coordinate with the Contractor prior to Contractor dispatching Liaison(s).

2. The Liaison must arrive at the SOC within 12 hours after receipt of the Purchase Order or written notice from TDEM and must be available in-person at the SOC for coordination of the performance of the Contract.

3. When required by TDEM, the Contractor shall provide 24-hour coverage at the SOC for the duration of the disaster/emergency. The SOC operational hours are 24 hours a day, 7 days a week, with two 12-hour operational shifts. TDEM will use Contractor liaison service in intervals of 12 hours.

4. Contractor must provide all representatives’ names, contact information and scheduling information.

5. The Contractor shall include all costs associated with providing Liaison representation at the

SOC in accordance with these requirements as part of the Contractor Liaison Services line-item bid price on the Mandatory Price Sheet. Any costs associated with meeting the Contractor Liaison Services requirements that were not already identified on the Mandatory Price Sheet will be at the Contractor’s expense and will not be reimbursed. Reference the Mandatory Price Sheet.

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6. The Liaison shall attend at least three TDEM exercises, training, planning, and coordination events per year with duration of one to three days. These events may be hosted by TDEM through in person events in Austin, Texas or by teleconference. TDEM will not pay the Contractor for, or reimburse costs of, the Liaison’s attendance at these events. TDEM will coordinate with Contractor(s) as needed to ensure this requirement is met.

7. The Liaison must be a subject matter expert and advisor for the service they provide on the following:

1. Logistics support requirements;

2. Operational capabilities;

3. the Contract; and,

4. State and Federal regulatory requirements that apply to these types of commodities and services.

8. Proposal Submission Requirements: In its Proposal, Respondent must detail its Liaison’s experience, qualifications and ability to perform as Contractor liaison. Reference Attachment F:

Ability to Perform and Past Performance, Section C.

9. Roll-off Dumpsters Exemption: Respondents seeking to provide only roll-offs are exempt from having to provide a dispatched liaison. Instead, Contractors providing only roll-offs are required to have a dedicated Contractor representative on call 24 hours a day during a declared emergency. This Contractor representative will be responsible for receiving and processing Customer orders for roll-off dumpsters.

A.8.3 Line Items

General Requirements:

All parts not specifically mentioned which are necessary for the equipment to be complete and ready for operation and are normally furnished as standard equipment must be furnished by the Contractor.

The unit shall be completely assembled and adjusted, and all equipment including standard and supplemental equipment shall be completely installed and the unit made ready for continuous operation upon delivery unless specifically stated otherwise in the solicitation.

Reference the Mandatory Price Sheet for line items.

All rental equipment is likely to be used for multiple consecutive shifts. Therefore, pricing must allow for 24-hour per day use of rental equipment.

Generator Requirements:

1. Must arrive ready for use with minimal setup required.

2. Must arrive with a minimum of 50 feet of wire per leg and all applicable pigtails.

3. Must arrive with all required mechanical or crimped lugs.

4. Generators shall arrive with a full tank of diesel exhaust fluid (DEF fluid). Customer will be responsible for supplying DEF fluid thereafter.

5. The protective insulating outer layer of electrical wires shall be free of cuts and other abrasions that may affect the safety of handling the wires.

6. Contractor will be liable for injuries caused by failure to maintain safe equipment.

7. At the time of delivery, the Contractor will provide the necessary training to operate the generator or else make available a technical representative by phone.

Light Tower, 500 Gallon Water Tank Trailer Combo:

Shall arrive with a full tank of fresh, potable drinking water.

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HVAC Requirements:

1. Must arrive ready for use with minimal setup required.

2. Must include complete electrical controls.

3. Must have single point power connection.

4. Must arrive with a minimum of 50 feet of electrical wire.

5. Ducting requirements:

a. Must arrive with a minimum of 40 feet of ducting per feed port, with flanges included.

b. Must arrive with a minimum of 20 feet of ducting per return port, with flanges included.

6. Must have automatic safety features such as automatic shutoff to avoid overheating or overfilling with water.

7. Customer may request HVAC equipment that can be lifted and moved via forklift as needed.

8. At the time of delivery, the Contractor will provide the necessary training to operate the generator or make a technical representative available by phone.

9. Contractor will be responsible for injuries caused by failure to maintain safe equipment.

Trash Pump Requirements:

1. All trash pumps must be electric start.

2. Contractor must offer both wet and dry start pumps.

3. Pumps must arrive with a minimum of 50 ft. suction and discharge hoses.

4. Contractor will be responsible for injuries caused by failure to maintain safe equipment.

Roll-off Dumpsters Requirements:

Customer may reserve roll-off dumpsters prior to an anticipated natural disaster. Contractor must set aside requested roll-off dumpsters and have them ready for immediate mobilization once weather conditions stabilize. If the roll-off dumpsters are not used, Contractor may invoice Customer the charge for “Equipment Ordered but not Used,” as seen on the Mandatory Price Sheet.

A.8.4 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed.

A.9 PURCHASE ORDERS, INVOICES AND REPORTING

A.9.1 Customer Purchase Orders

To utilize the Contract pricing, Customers will issue an internal purchase order referencing the number for the CPA Managed Contract, commodity codes, item descriptions, and current contract pricing.

Contractor agrees not to deliver goods or provide services awarded under this Solicitation until receipt of a Purchase Order from Customer.

Purchase orders dated during the term of the Contract must be honored, even if received by the Contractor after the Contract expiration date. Contractor may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.9.2 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

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Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and Customer purchase order number.

A.9.3 Reporting Requirements

By the 10th day of every calendar month, Contractor must report the past month’s sales under the Contract to Statewide Contract Management at tcmo.reporting@cpa.texas.gov in the format prescribed by CPA. The dollar value of the sale must be the price paid by the Customer for the goods and services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by CPA.CPA reserves the right to modify contract reporting requirements at its sole discretion in order to meet the evolving needs of CPA and its Customers. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, CPA may terminate or cancel the Contract pursuant to Part B, Section B.3.5.

A.9.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

A.10 RESPONSE INFORMATION

A.10.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.10.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

A.10.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.10.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to the ESBD.

Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

mailto:tcmo.reporting@cpa.texas.gov

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All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.10.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.15 and A.16.

Primary Point of Contact - CPA Contract Specialist Noah Holdren, CTCD, CTCM 512-463-1650 Email: Noah.Holdren@cpa.texas.gov

Secondary Point of Contact Statewide Contract Development (SCD) Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide Contract Management at spd.cmo@cpa.texas.gov.

A.10.5 Pre-Proposal Conference

The Pre-Proposal Conference is scheduled for the date and time listed in the Schedule of Events on the cover page. The location of the conference is:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/24053928110770?p=dcselZEyarHbAmKcN8 Meeting ID: 240 539 281 107 70 Passcode: 4m95aD6U

Need help? | System reference Dial in by phone +1 737-471-3847,,978207729# United States, Austin Find a local number Phone conference ID: 978 207 729# Join on a video conferencing device mailto:Noah.Holdren@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov mailto:spd.cmo@cpa.texas.gov https://teams.microsoft.com/meet/24053928110770?p=dcselZEyarHbAmKcN8 https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmYxMDkyOTMtYjNkZi00NTUwLWIyZWEtYTNjOWE0ODkwMmZh%40thread.v2/0?context=%7b%22Tid%22%3a%222055feba-299d-4d0d-aa5a-73b8b42fef08%22%2c%22Oid%22%3a%2202008078-ccaf-4717-9185-4cedfdf072a0%22%7d tel:+17374713847,,978207729 https://dialin.teams.microsoft.com/58d35282-7dff-490c-8e1a-27eb861dcb13?id=978207729

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Tenant key: txcpa@m.webex.com Video ID: 117 010 155 0 More info

The Pre-Proposal Conference is an opportunity for vendors to hear information about the Solicitation and ask questions about the solicitation. While attendance is not mandatory, it is highly encouraged.

Vendors should notify the Point of Contact that they plan to attend the Pre-Proposal Conference no later than April 1, 2026.

A.10.6 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (this document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Attachment A - Execution of Response (with authorized signature)

Attachment B - Respondent Information Attachment C - Preferences Attachment D - Insurance Statement of Intent Attachment E - Self Insured Retention (only if using SIR)

4. Attachment F - Ability to Perform and Past Performance

5. HUB Subcontracting Plan

6. Mandatory Price Sheet in both .xlsx format

A.11 HUB SUBCONTRACTING PLAN

CPA has identified probable subcontracting opportunities for part or all of the Solicitation. Respondent must complete and return the HUB Subcontracting Plan (HSP) with the Response to be considered responsive. By law, CPA must disqualify Responses received without the HSP.

NIGP

Class/Item Description

910-27 Garbage and Trash Removal, Disposal and or Treatment Services 962-86 Transportation, Trucking 975-37 Garbage/Refuse Equipment, Dumpsters, etc. Rental or Lease 975-46 Material Handling Equipment and Allied Item Rental or Lease 981-12 Air Conditioning Equipment and Accessories Rental or Lease 981-43 Generator Rental or Lease and Maintenance Services 981-57 Pumps and Pump Accessory Rental or Lease 990-30 Disaster Relief Services

This list is neither mandatory nor exhaustive. Other areas of subcontracting may be more appropriate given the Respondent’s business structure and internal resources.

The HUB utilization goal for this solicitation is:

• 2.0% for services contracts (other than construction or professional services)

A courtesy review of an HSP is available to assist Respondents in providing a complete and responsive HSP and determine whether any deficiencies exist. Respondents are highly encouraged to take https://www.webex.com/msteams?confid=1170101550&tenantkey=txcpa&domain=m.webex.com

Page A19 advantage of the courtesy review. To request a courtesy review, submit the completed HSP and all supporting documentation in a PDF format to the Statewide HUB Program by email no later than ten working days prior to Response due date.

Email for Courtesy Review: StatewideHUBProgram@cpa.texas.gov Email Subject Line: HSP Courtesy Review, Solicitation No. 304T-26-975M4.1, Due Date 04/10/2026

This courtesy review may only identify possible deficiencies. The final compliance determination will be made on the HSP submitted with the Response. Please contact CPA Statewide HUB Program with any questions regarding HSP compliance at: 1-800-863-5881 or 512-463-5872. The CPA HUB Program website may be accessed at:

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

The final HSP must be submitted by the Response Due Date.

RESPONSES RECEIVED WITHOUT A PROPERLY COMPLETED HSP WILL BE DISQUALIFIED.

A.12 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested Parties at https://ethics.state.tx.us/filinginfo/1295/ (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for Respondent’s failure to comply with this requirement.

A.13 EVALUATION OF RESPONSE

A.13.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any Response that does not conform to the solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A) or failure to submit the Mandatory Price Sheet will result in disqualification.

A.13.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the Contract. The Respondent bears the burden of establishing:

(1) ability, capacity, and skill to perform the contract or provide the service required;

(2) ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

(3) character, responsibility, and integrity;

mailto:StatewideHUBProgram@cpa.texas.gov https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0

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(4) current compliance with laws relating to the contract or service;

(5) sufficient financial resources to perform the contract and provide the service; and

(6) conformity to all material specifications required in this Solicitation.

CPA may consider any source of information that it deems reliable.

Vendor Performance Data. CPA will consider a vendor’s past performance in compliance with applicable provisions of Texas Government Code, §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. The following examples indicate poor performance:

(1) A score of less than a C in the Vendor Performance Tracking System;

(2) Currently under a corrective action plan for a CPA contract;

(3) Repeated negative Vendor Performance Reports for the same stated reason;

(4) A record of repeated non-responsiveness to vendor performance issues; and

(5) Cancellation of purchase orders in the previous 12 months for non-performance, such as late delivery.

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.gov/vpts

Vendor Performance may also be used to determine a vendor has sufficient resources and the ability to perform.

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent. Failure to provide requested information may disqualify the Respondent. Any such investigations shall be at the sole discretion of CPA.

A.13.3 Ties

CPA may break a tie by applying preferences under state law that were claimed in the Response. If no preference applies, CPA may award tied items to a randomly selected Respondent that offers best value.

A.13.4 Evaluation Process

After scoring the Responses, CPA may:

(1) Award the contract to the Respondent providing best value to the state;

(2) Determine the competitive range and negotiate with Respondents in the competitive range;

(3) Invite Respondents in the competitive range to make oral presentations;

(4) Formally request a Best and Final Offer (BAFO) from Respondents in the competitive range; or

(5) Make no award.

Respondents in the competitive range will be notified of the time and place for the oral presentation, if any. CPA may ask Respondents to confirm information from oral presentations in writing. If CPA conducts oral presentations with Respondents in the competitive range, CPA will re-score Responses http://www.txsmartbuy.gov/vpts

Page A21 as modified, supplemented, and clarified by the oral presentations. After any oral presentations, CPA may:

(1) Award the contract to the Respondent providing best value to the state;

(2) Negotiate with one or more Respondents;

(3) Formally request a Best and Final Offer (BAFO) from Respondents in the competitive range; or

(4) Make no award.

If BAFOs are requested, CPA will re-score any evaluation factors affected by the BAFOs. After evaluating any BAFOs, CPA may:

(1) Negotiate with one or more Respondents;

(2) Award the contract to the Respondent providing best value to the state; or

(3) Make no award.

Respondents’ Proposals will initially be evaluated based upon their proposed pricing and past performance. CPA will evaluate pricing of like-items on a group-by-group basis, and by region as needed. Reference Mandatory Price Sheet for required Bid minimums per group of line items. Only Proposals that are found to be in the competitive range will advance to the next round of evaluation.

For those Proposals qualifying for the second round of evaluation, Respondents’ responses to the questions outlined in Attachment F: Ability to Perform and Past Performance. Qualitative evaluation factors will be evaluated by a panel of evaluators selected by CPA. CPA will have the final decision on vendor selection and award.

Respondents are strongly encouraged to include their best possible offer with their Responses because there is no guarantee they will be afforded an opportunity to negotiate or submit a Best and Final Offer. CPA reserves the right to award a Contract without any discussion or negotiation.

CPA also reserves the right to make no award.

A.13.5 Evaluation Factors

Roll-off dumpsters will be evaluated separately from other equipment. The same evaluation scoring method will be used in both categories. Respondents who propose to supply only roll-offs dumpsters will not be scored using the other evaluation questions for other equipment. Responses will be evaluated according to the following factors:

Evaluation Factors: Points 1 Attachment F: Ability to Perform and Past Performance 70 2 Competitiveness of Respondent’s Pricing and Fees – Mandatory Price Sheet 30 Total 100

Past Performance: Evaluators will award…