ESBD_503287_1775135484614_IFB 808-26-261446.pdf

THC IFB No. 808-26-261446 Page 1 of 34

INVITATION FOR BIDS (IFB)

Invitation for Bids for

LIGHTING INSTALLATION

at

Washington on the Brazos State Historic Site Washington County, Texas

IFB 808-26-261446

NGIP Class/Item:

285-55 Lighting, Area, Pole or Standard Mounted, Parking Lots, etc.

THC IFB No. 808-26-261446 Page 2 of 34

Table of Contents

IFB SIGNATURE PAGE

ACKNOWLEDGMENT of ADDENDA

SECTION I

GENERAL INFORMATION

1.1 GENERAL INFORMATION

1.2 DEFINITIONS

1.3 CONTRACT TERM

1.4 STATEMENT OF WORK

1.5 VetHUB SUBCONTRACTING PLAN

1.6 COMPENSATION

1.7 STATUTORY AUTHORITY

SECTION II

BID INFORMATION

2.1 SCHEDULE OF EVENTS

2.2 REVISIONS TO SCHEDULE

2.3 ADDENDA

2.4 PRE-PROPOSAL CONFERENCES AND SITE VISITS

2.5 BID REQUIREMENTS

2.6 BID EVALUATION AND AWARD

2.7 INQUIRIES

2.8 BID SUBMISSION

2.9 DELIVERY OF BID RESPONSES

2.10 TIE BREAKERS

2.11 PAST PERFORMANCE

2.12 IFB PROTEST PROCEDURES (Pursuant to 13 Tex. Admin. Code §11.13)

List of Exhibits

EXHIBIT I

IFB CHECKLIST

EXHIBIT II

PRICE SCHEDULE SHEET

EXHIBIT III

EXECUTION of OFFER

EXHIBIT IV

CONFLICT of INTEREST/DISCLOSURE STATEMENT

THC IFB No. 808-26-261446 Page 3 of 34

EXHIBIT V

NONDISCLOSURE AGREEMENT

EXHIBIT VI

CERTIFICATION REGARDING PUBLIC NATURE of the OFFER

EXHIBIT VII

CERTIFICATION REGARDING LOBBYING

EXHIBIT VIII

EXPERIENCE

EXHIBIT IX

REFERENCES

EXHIBIT X

SITE VISIT FORM

EXHIBIT XI

VetHUB SUBCONTRACTING PLAN (Not Applicable)

EXHIBIT XII

GENERAL TERMS AND CONDITIONS

THC IFB No. 808-26-261446 Page 4 of 34

IFB SIGNATURE PAGE

THC PURCHASING CONTACT: IFB ISSUE DATE: April 2, 2026 Michael Gibbons, CTCD, CTCM BID DUE DATE: April 17, 2026 at (512) 936-4198 or michael.gibbons@thc.texas.gov 2:00 PM CST

These items apply to and become part of the proposal’s Terms and Conditions. Any exceptions must be in writing.

Email one complete Bid to: Texas Historical Commission at responses@thc.texas.gov Enter in the Subject line: IFB 808-26-261446; include the Company Name

The Bidder must sign the Bid. The laws of the State of Texas must prevail on all Bids. By signing this Signature Page, the Bidder certifies that if a Texas address is shown as the address of the Bidder, the Bidder qualifies as a Texas Resident Bidder as defined in 1 Texas Administrative Code (Tex. Admin. Code) § 111.2.

Non-signed Bids will be considered nonresponsive. Late and incomplete Bids will not be considered under any circumstances and will be returned unreviewed. Any purchase resulting from this Response shall be subject to the purchase order (PO) THC General Terms and Conditions.

The award will be ESBD posted on https://www.txsmartbuy.gov/esbd.

The Texas Identification Number (TIN) is the taxpayer number assigned and used by the State of Texas Comptroller of Public Accounts (CPA). This number must be entered in the spaces provided below. If this number is unknown, please enter either the federal employer’s identification number (EIN), or if sole owner, enter your Social Security Number (SSN).

TIN/EIN/SSN: Phone: ( ) -

Business Name: Fax Number: ( ) -

Address: VetHUB Certified? [ ] Yes [ ] No

City-State-Zip: VetHUB #:

Email Address:

Signature: Print Name:

STATE AGENCY AWARD NOTICE: The State reserves the right to accept or reject all or any part of a proposal and waive minor technicalities. THC shall award the Contract that serves the best interests and provides the best value to the State.

Texas Historical Commission IFB No. 808-26-261446 311 E 14th St IFB Deadline: April 17, 2026 Austin, TX 78701 IFB Closing: 2:00 PM CST

NOTE: THIS FORM MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE BID.

mailto:michael.gibbons@thc.texas.gov mailto:responses@thc.texas.gov https://www.txsmartbuy.gov/esbd

THC IFB No. 808-26-261446 Page 5 of 34

ACKNOWLEDGMENT of ADDENDA

THC IFB No. 808-26-261446 Page 6 of 34

SECTION I

GENERAL INFORMATION

1.1 GENERAL INFORMATION

1.1.1 Overview. Texas Historical Commission (THC) is seeking bids for goods/commodity items and/or service(s) listed in the Exhibit II Price Schedule for the addition of lighting at Washington on the Brazos State Historic Stie.

1.1.2 Guarantee of Volume. THC does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of goods or services under this solicitation and resulting Contract.

1.1.3 Eligible Vendors. THC is seeking vendors that have a minimum of 5 years of experience similar to the type and scope of goods required and/or services rendered by this IFB (as judged by THC) to be eligible for the Contract award. Vendors that do not meet this eligibility requirement will be deemed nonresponsive.

Preference will be given to Bidders that have completed projects of similar type, scope, and size.

1.1.4 THC Contacts.

• THC Purchaser: Michael Gibbons, Purchaser, 512-936-4198, michael.gibbons@thc.texas.gov.

• THC Contract Monitor: Jon Wellman, Project Manager, 936-878-2214 ext. 227, jon.wellman@thc.texas.gov.

1.2 DEFINITIONS

For purposes of this IFB, refer to the following applicable definitions:

• Acceptable Quality Level – The level of performance of requested services below which the contract will not be paid or damages may be assessed.

• Addendum – A modification of the specifications issued by THC and distributed to prospective Bidders prior to the opening of bids.

• Contract – The Contract awarded as a result of this IFB and all Exhibits thereto, any Addenda issued in conjunction with this IFB, the successful Bidder’s Bid, and subsequent submissions by the Bidder.

• Electronic State Business Daily (ESBD) – The Electronic State Business Daily, which is available online at https://www.txsmartbuy.gov/esbd.

• Bid – The response submitted by a vendor to THC as a result of this solicitation.

• Bidder – Any person or vendor who submits a Bid in response to this solicitation.

• IFB – An Invitation for Bid is this document’s type of solicitation.

• Tex. Admin. Code – Texas Administrative Code is the publication for administrative rules.

• Project Manager – The individual designated by THC authorized to represent THC during the performance of the Contract.

• VetHUB – Veteran Heroes United in Business serves small businesses owned by service-disabled U.S.

Veterans with a minimum 20% Disability rating, regardless of race, sex or ethnicity, in accordance with emergency rules issued by the State Comptroller of Public Accounts (CPA), effective December 2, 2025.

1.3 CONTRACT TERM

The project scope shall be completed within 90 days of the award. The Contract may be extended by the parties only by written agreement or a signed change order for one (1) year with two one-year extensions. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or mailto:michael.gibbons@thc.texas.gov mailto:jon.wellman@thc.texas.gov

THC IFB No. 808-26-261446 Page 7 of 34 any other disruption of current appropriations, provisions of the Termination Article in the THC General Terms and Conditions Contract shall apply.

1.4 STATEMENT OF WORK

1.4.1 Services (or Goods) Requirements. THC seeks an individual or firm with the required expertise to provide the materials and labor to replace the 1 existing and 2 already removed light poles and lights in the parking lot of the Washington on the Brazos Visitor Center. Awarded vendor must meet IFB criteria listed in Section II, 2.6 Bid Requirements and 2.12 Past Performance. Services shall include, but are not limited to, the requirements contained in this IFB. Services set forth using the words “must” or “shall” are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth using the words “may” or “can” allow Bidders to offer alternatives to the manner the goods/services are provided.

• Specifications (Services). Remove existing light pole and lights. Install new poles and lighting packages. Connect electrical service to light package.

• Specifications (Commodities/Goods). Provide (3) pole lights, 35ft height using existing base.

Provide LED lighting package, one Mcgraw Edison GALN-SA4D 740Volt T3, one Mcgraw Edison GALN-SA4D 740Volt T4ft, one Mcgraw Edison GALN-SA4D 740Volt 5WQ or equivalent brightness and light distribution. Furnish all items specified in the Exhibit II Price Schedule. Brand names or manufacturer’s references are descriptive only and indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than references, Bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the Bid. Bidders taking exception to the specifications or reference data must furnish information such as the specified brand names and numbers.

• Warranty. Upon final acceptance of the Work by THC, the Contractor shall furnish THC with the maximum available warranty on all installed/delivered materials and a one-year warranty on the work.

• Deliveries. Make deliveries during normal working hours, unless prior approval has been obtained from the THC Washington on the Brazos State Historic Site. If a delay is foreseen, the Awarded Bidder shall give written notice to THC. Awarded Bidder must keep THC advised at all times of status of order. No substitutions are permitted without written THC approval. Enter the estimated delivery time (calendar days) it will take to deliver to Washington, TX 77880. Delivery time may be a factor in determining the best value for the purchase award.

1.4.2 Reporting and Deliverables. Services are estimated to take place between April 27, 2026, and May 30, 2026. Any face-to-face meetings regarding the project deemed necessary by Awarded Bidder(s) and/or THC will take place at THC PCS office, 311 E 14th St, Austin, TX, 78701.

1.4.3 Subcontractors (if applicable). Subcontractors providing services under the Contract shall meet the same requirements and experience level as required of Bidder. No subcontract under the Contract shall relieve Bidder of responsibility for ensuring the requested services are provided. Bidders planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors and the Bid shall include a letter from each proposed subcontractor agreeing to work on the team.

THC IFB No. 808-26-261446 Page 8 of 34

1.4.4 Performance Tracking. THC will monitor the Contract performance issued under this IFB. All deliverables shall be submitted in accordance with the Contract requirements. All services delivered and goods provided under the Contract must be performed at an acceptable quality level and in a manner consistent with industry standard, custom, and practice as acceptable to THC and in a manner consistent with applicable professional guidelines.

1.5 VetHUB SUBCONTRACTING PLAN

This IFB is not more than $100K, so it has not been identified as one that requires a Veteran Heroes United in Business (VetHUB) subcontracting plan (HSP). THC shall make a good faith effort to utilize VetHUBs in contracts for construction services, including professional and consulting services, and goods and services contracts.

For more information, email the THC VetHUB Coordinator Dr. Carol Egele at responses@thc.texas.gov.

1.6 COMPENSATION

1.6.1 Basis of Payment. The basis of payment and reimbursement of costs is set forth in Exhibit II, Price

Schedule. THC acceptance of deliverables specified in the Contract is a condition of payment.

1.6.2. Invoices. The awarded Bidder shall request payment by submitting the original of an itemized invoice in a form acceptable to THC. The invoice shall be supported by documentation required for the basis of payment listed in Exhibit II, Price Schedule. The Awarded Bidder may submit an invoice no more frequently than monthly and no later than ninety (90) days after completing deliverables specified in the Contract. Each invoice must show the contract number, the total amount earned to the date of submission, and the amount due as of the date of the invoice.

1.6.3 Withholding Payments. If payment is withheld, THC shall notify the Awarded Bidder and specify conditions that would allow THC to release the payment. THC reserves the right to withhold payment:

• If a dispute over the work or costs is not resolved within thirty (30) days

• If the verification that satisfactory work is pending

• If the Awarded Bidder becomes a delinquent obligor under Texas Family Code § 231.006

• If the required work product is not received

• If the State Comptroller of Public Accounts (CPA) will not issue a warrant to the awarded Bidder

1.6.4 Subproviders and Suppliers List. The Awarded Bidder must provide THC with a list of all subproviders and suppliers that submitted quotes or bids for subcontracts. This list shall include the names, addresses, and telephone numbers of all subproviders and suppliers.

1.6.5 Debt to the State. If the State CPA is prohibited from issuing a warrant to the awarded Bidder because of a debt owed to the State, the State shall apply all payments due the awarded Bidder to the debt until the debt is paid in full.

1.7 STATUTORY AUTHORITY

THC posts this IFB solicitation pursuant to Texas Government Code � 442.101(a), which provides THC with the authority to procure goods and services and enter into contracts necessary to fulfill its statutory responsibilities.

THC IFB No. 808-26-261446 Page 9 of 34

SECTION II

BID INFORMATION

2.1 SCHEDULE OF EVENTS

The solicitation process for this IFB will proceed according to the following schedule:

EVENT DATE

IFB Posting Date April 2, 2026 Mandatory Site Visit Dates April 8TH and April 15th 10:00 AM -

4:00 PM

Deadline for Submission of Bids/IFB* April 17, 2026, 2:00 PM CT IFB Evaluations April 20, 2026 Interviews with Top Candidates (if necessary) April 21, 2026 Expected Notice of Intent to Award April 22, 2026 Expected Contract Start Date April 27, 2026

*NOTE: Late or incomplete responses will not be considered.

2.2 REVISIONS TO SCHEDULE

THC reserves the right to change the dates in the above schedule upon written notification to prospective Bidders through a posting on the Electronic State Business Daily (ESBD) as an addendum. It is the responsibility of interested parties to periodically check the ESBD (https://www.txsmartbuy.gov/esbd) for updates to this IFB prior to submitting a Response. The Bidder’s failure to periodically check the ESBD will in no way release the Bidder from the requirements of “addenda or additional information” or in any resulting additional costs to meet the requirements after the Award(s).

2.3 ADDENDA

THC reserves the right to issue addenda at any time prior to the proposal due date. All addenda will be posted on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a Bid. The Respondent’s failure to periodically check the ESBD will in no way release the Awarded Respondent from complying with the information contained therein. All addenda shall be acknowledged as received on the Bidder’s Price Schedule Sheet.

2.4 PRE-PROPOSAL CONFERENCES AND SITE VISITS

Pre-proposal activities include conferences or site visits.

• Pre-Proposal Conference. This IFB does not require pre-proposal conference attendance.

• Pre-Proposal Site Visit/Inspection. This IFB does require pre-proposal site visit/inspection.

Respondents must schedule their own visits during the timeframe listed above before submitting questions by the schedule’s noted deadline. Site Representative and Respondent signatures are required after the site visit is completed to establish the date when the site visit took place. Exhibit X, Site Visit Form, must be included in Respondent’s Proposal. Proposal will be rejected if a signed Site Visit Form is not included.

THC IFB No. 808-26-261446 Page 10 of 34

2.5 BID REQUIREMENTS

Listed below is a summary of all information to be included in a Bid submitted for this IFB Response. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in State’s best interest.

Submittal pages should be numbered, and the Bid should contain an organized, paginated table of contents corresponding to the section and pages of the submittal. Late or incomplete Bids will not be accepted.

Email one complete electronic PDF of the Bidder’s IFB Response to responses@thc.texas.gov. Include all the listed requirements including signatures on all required forms. The format shall be Adobe Acrobat version 9.0 or higher.

2.5.1 Costs. THC will not reimburse the Bidder for any cost related to its Bid. The Bidder is responsible for all expenses related to the preparation and submission of its Bid.

2.5.2 Insurance. Selected contractor shall be fully insured. See General Terms and Conditions, Section 4.

2.5.3 Submission. Listed below is a summary of all information to be included in a Bid submitted in response to this IFB. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State.

2.5.4 Bid Contents. Bidders shall submit one (1) electronic version of the following:

• IFB Signature Page – Failure to sign and return with the submitted Bid will result in rejection of the Bid.

• Exhibit I IFB Checklist – Failure to sign and return with the submitted Bid will result in Bid rejection.

• Exhibit II Price Schedule – Failure to sign and return with the submitted Bid will result in Bid rejection.

• Exhibit III Execution of Offer – Failure to sign and return with the submitted Bid will result in Bid rejection.

• Exhibit IV Conflict of Interest/Disclosure Statement – Failure to sign and return with the submitted

Bid will result in rejection of the Bid.

• Exhibit V Nondisclosure Agreement – Failure to sign and return with the submitted Bid will result in rejection of the Bid.

• Exhibit VI Certification Regarding Public Nature of the Offer – Failure to sign and return with the submitted Bid will result in rejection of the Bid.

• Exhibit VII Certification Regarding Lobbying – Failure to complete and return with the submitted Bid will result in rejection of the Bid.

• Exhibit VIII Experience – Failure to complete and return with submitted Bid will result in Bid rejection.

• Exhibit IX References – Failure to complete and return with submitted Bid will result in Bid rejection.

• Exhibit X: Site Visit Form or Pre-Conference Form

• Exhibit XI: Veteran Heroes United in Business (VetHUB) Subcontracting Plan (HSP) (if applicable)

• Proof of Insurance – Submit documentation of coverage described in the attached Exhibit XII, Section 4, Insurance and Other Security Obligations.

Failure to provide all the documents listed above in Section 2.5.4, Bid Contents, will result in the response unevaluated and deemed nonresponsive.

2.6 BID EVALUATION AND AWARD

2.6.1 Award. THC will award a Contract to a Bidder(s) whose Bid is considered to provide best value to the

State of Texas, as defined by Texas Government Code § 2155.074. THC reserves the right to award contract(s) to one or more Bidders. THC makes its award depending on what best serves project needs.

THC IFB No. 808-26-261446 Page 11 of 34

2.6.2 Best Value Factors. In determining the best value, THC shall consider the following best value factors:

• Item price, including total cost of ownership such as warranty terms and installation and lifecycle costs.

• Compliance with the stated specification(s) coupled with the quality and reliability of the goods and services, such as fitness for use that meets or exceeds customer expectations, and the characteristics of the product or services that bear on their abilities to meet the stated/implied needs.

• Delivery terms and time frame from receipt of the purchase order (PO).

• Probable performance indicators under the Contract, including past vendor performance, financial resources, and ability to perform, vendor experience or demonstrated capability and responsibility, references, and the vendor’s ability to provide reliable maintenance agreements and support.

Other relevant factors, such as the vendor’s anticipated economic impact to the State or a subdivision of the State, including potential tax revenue and employment, the effect of a purchase on agency productivity, and the cost of any employee training associated with the purchase.

2.7 INQUIRIES

Should any Bidder find discrepancies within the IFB document, or should a Bidder be in doubt as to their exact meaning, notify the THC at once. All inquiries shall be submitted in writing by the date listed in Section 2.1 Schedule of Events. Verbal inquiries and responses will not be valid or binding.

2.7.1 THC Contact. Contact the following THC personnel for questions:

Michael Gibbons at (512) 936-4198 or michael.gibbons@thc.texas.gov

2.7.2 Respondent Inquiries. All inquiries will result in written responses as an addendum posted on the

ESBD, available at: https://www.txsmartbuy.gov/esbd.

2.7.3 Restriction. Except as otherwise provided in this Section, upon issuance of this IFB, other employees and representatives of THC will not answer questions or otherwise discuss the contents of the IFB with any potential Bidder or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this IFB.

2.7.4 Bidder Exceptions. If a Bidder takes any exceptions to any provisions of this IFB, the exceptions must be specifically and clearly identified by Section 2.1 in Bidder’s IFB Response. Bidders cannot take a ‘blanket exception’ to this entire IFB. If any Bidder takes a blanket exception to this IFB or does not propose alternative language, the Bidder’s response may be disqualified from further consideration. Any exception may result in the Bidder not being awarded the Contract.

2.8 BID SUBMISSION

2.8.1 All Electronic Bid Submissions. All Bids must be received and time-stamped at THC in Austin, TX by the date/time specified in the 2.1 Schedule of Events section. Late Bid submittals will not be accepted.

Electronically submit Bids to responses@thc.texas.gov. Include in the email Subject line the company’s name and the IFB’s reference number 808-26-261446. Responses emailed and received by the Response deadline will be accepted and regarded as received on the date and time recorded by THC.

2.8.2 THC Late/Incomplete Response Rejections. THC reserves the right, at its sole discretion, to reject late or incomplete Bids that do not contain all requested documents or deliverables. Emailed proposals must be received by the submittal deadline (not by when Bidder sent the email). THC will use the received email time and date as the time stamp recorded when the email was received by the THC email system.

2.8.3 Telephoned/Facsimiled Responses. Telephoned and facsimiled responses will not be accepted.

2.8.4 IFB Addenda. Receipt of all addenda to this IFB should be acknowledged by returning a signed copy of each addendum with the submitted Bid.

mailto:michael.gibbons@thc.texas.gov

THC IFB No. 808-26-261446 Page 12 of 34

2.9 DELIVERY OF BID RESPONSES

Electronically email Bids in one (1) combined PDF to THC at: responses@thc.texas.gov Subject line: Company Name; IFB 808-26-261446

2.10 TIE BREAKERS

Preferences used in breaking tie responses are in accordance with current statutes: 34 Tex. Admin. Code § 20.306.

2.11 PAST PERFORMANCE

2.11.1 Pass/Fail Criteria. A Bidder’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of Texas Government Code §§ 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Bidders may fail this selection criteria for any of the following conditions:

• An unacceptable score in the Vendor Performance Tracking System (VPTS)

• Currently under a Corrective Action Plan through the CPA

• Repeated negative Vendor Performance Reports for the same reason

• Cancelled POs in the previous twelve (12) months for nonperformance such as late delivery

2.11.2 Contractor Performance. Contractor performance information is located on the CPA website at:

www.txsmartbuy.com/vpts.

2.11.3 Reference Checks. THC may conduct reference checks with other entities regarding past performance.

In addition to evaluating performance through VPTS (as authorized by 34 Tex. Admin. Code § 20.115), THC may examine other vendor performance sources including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and nonrenewal of contracts. Any such investigations shall be at THC’s sole discretion, and any negative findings, as determined by THC, may result in a non-award to the Bidder.

2.12 IFB PROTEST PROCEDURES (Pursuant to 13 Tex. Admin. Code §11.13)

The purpose of this section is to provide an internal protest procedure to be used by any actual or prospective Bidder, offeror, proposer, or contractor, who is aggrieved in connection with the solicitation, evaluation, or award of a Contract by THC from a delegated procurement. The following procedures are available for persons or firms not awarded the Contract pursuant to authority delegated to THC by CPA or by Chapters 2155-58, Texas Government Code. These procedures are consistent with the rules of the CPA insofar as such rules are applicable to an internal agency review.

2.12.1 Any actual Bidder or offeror aggrieved in connection with a Contract award may formally protest the Contract award by submitting a protest to the Executive Director (ED) in accordance with the procedures in this section.

• Any Bid protest must be in writing and received in the care of the ED within five (5) working days after the Bidder is notified that the award of a Contract is forthcoming or otherwise knows, or should have known, of the occurrence of the action which is protested.

• Formal protests must conform to the requirements of and shall be resolved in accordance with the procedures set forth in this section.

• In the event of a timely protest, THC shall consider the protest and reply in writing before proceeding with the solicitation or with the award of the Contract unless the ED decides that the award of Contract without delay is necessary to protect substantial interests of the State.

http://www.txsmartbuy.com/vpts

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• If the ED determines that a violation of the rules or statutes has occurred in a case where a Contract has been awarded, the ED shall inform by email to the protesting party and other interested parties of that determination. The message shall set forth the reasons for the determination and may set forth any appropriate remedial action, which may include canceling or voiding the Contract to the extent allowed by law.

• A Bid or a Bid protest that is not submitted in a timely manner is not eligible for consideration in this section.

2.12.2 A formal protest shall be emailed to the ED’s attention at bidprotest@thc.texas.gov, must be sworn, and contain the following:

• A specific identification of a statutory or regulatory provision(s) that the action complained of is alleged to have violated.

• A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in previous bulleted paragraph of this subsection.

• A precise statement of the relevant facts.

• An identification of the issue or issues to be resolved.

• An argument and authorities in support of the protest.

• A statement that copies of the protest have been sent to all other identifiable interested parties.

Upon request, THC will furnish to the requestor a list of interested parties, as reflected in THC records.

2.12.3 The ED may request additional information from the party submitting the protest, any other interested party, or commission staff.

2.12.4 If the protest is not resolved by mutual agreement, the ED will issue a written determination of the protest.

• If the ED determines that no violation of rules or statutes has occurred, the ED shall inform the protesting party by emailed message, which sets forth the reasons for the determination.

• If the ED determines that a violation of rules or statutes has occurred, the ED shall inform the protesting party by emailed message, which sets forth the reasons for the determination and the appropriate remedial action.

2.12.5 A decision by the ED shall be the final administrative action.

2.12.6 THC will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the THC's record retention schedule.

mailto:bidprotest@thc.texas.gov

THC IFB No. 808-26-261446 Page 14 of 34

EXHIBIT I

IFB CHECKLIST

Title: Washinton on the Brazos State Historic Site Bid Issue Date: April 2, 2026, at 2:00 PM CST Bid Due Date: April 17, 2026, at 2:00 PM CST

Bidder Name and Address:

Contact Name: TIN/EIN/SSN:

Contact Address: Office Phone:

Mobile Phone:

Email Address:

IFB SUBMITTAL (electronically delivered only):

1. Consolidated all the following items listed into one (1) IFB PDF response: ☐

a. IFB Signature Page ☐

b. Acknowledgement of Addenda (if applicable) ☐

c. Exhibit I IFB Checklist ☐

d. Exhibit II Price Schedule ☐

e. Exhibit III Execution of Offer ☐

f. Exhibit IV Conflict of Interest/Disclosure Statement ☐

g. Exhibit V Nondisclosure Agreement ☐

h. Exhibit VI Certification Regarding Public Nature of the Offer ☐

i. Exhibit VII Certification Regarding Lobbying ☐

j. Exhibit VIII Experience and Qualifications ☐

k. Exhibit IX References ☐

l. Exhibit X Site Visit or Pre-Conference Form ☐

m. Exhibit XI Veteran Heroes United in Business (VetHUB) Subcontracting Plan (HSP) (if applicable) ☐

n. Proof of Insurance ☐

o. Past Performance – Pass/Fail (must score over 90% or pass reference check) ☐

2. Emailed the complete IFB PDF response to the THC responses address identified in IFB: ☐

NOTE: THIS FORM MUST BE COMPLETED AND RETURNED WITH THE BID RESPONSE.

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EXHIBIT II

PRICE SCHEDULE SHEET

IFB 808-26-261446

A. SERVICES (COMMODITIES) CLASSIFICATION AND ESTIMATED PRICES.

NOTE: Failure to submit a breakdown of elements for the price schedule shall cause the Bidder to be disqualified.

Having carefully examined the IFB 808-26-261446 for purchase of Lighting, Area, Pole or Standard Mounted, Parking Lots, etc. to be delivered to the Washington on the Brazos State Historic Site, the undersigned proposes to furnish all goods for a sum of:

Item # Class/ Item Bid Item Description QTY UOM Unit Price Extension 1 285-55 Lighting, Area, Pole or Standard Mounted, Parking Lots, etc. To Include installation. 1 LOT $ $

4 962-82 Cost of Delivery of All Items to Site 1 LOT

Total $ Proposed time in calendar days from issued Purchase Order to deliver items

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PRICE SCHEDULE SHEET CONT.

B. COMPANY (VENDOR) CONTACT INFORMATION.

Vendor Name:

Vendor Address:

Email Address:

Print Name:

Signature:

Title:

NOTE: This worksheet is for the Vendor to accurately estimate costs. The total amount of the Bid will not exceed the Total Proposal Price documented in this Price Schedule. It is the responsibility of the Applicant (Vendor) to pay for all expenses incurred during the performance of the contract. These expenses will be reimbursed by using funds from the total amount of the Contract according to the payment schedule of the contract.

NOTE: The Vendor shall indicate pricing with an authorized signature on this IFB form and complete all pricing tables or attachments. If bidding a functional equivalent item, the Vendor must describe an equivalent item’s brand and model number. The Vendor may at its option enclose a separate quote on company letter head, however, all terms and conditions or deviation language on Vendor’s quote shall not apply to the IFB or any awarded purchase order. The Bid price shall be firm for acceptance for ninety (90) days from the IFB closing date unless otherwise specified in the IFB.

C. CHANGES IN SCOPE OF GOODS AND SERVICES.

Changes in the scope of goods and services that affect the costs provided for in the Contract must be approved by THC by amendment to the Contract. No compensation will be allowed for work performed without such amendment.

Price adjustments are based on indices. Upward or downward adjustments may be correlated to a published price index such as the Consumer Price Index (CPI) or Producer Price Index (PPI). The Bureau of Labor Statistics publishes the CPI and PPI, which measure price changes over time for different goods and services. They may be used to account for inflation in long-term contracts without requiring frequent re-solicitations. Identify the applicable index such as the following:

• CPI: number/description – Pertains to labor and services

• PPI: number/description – Pertains to commodities or goods Also, designate the formula to be used. When using the most recent monthly information from the index, the Bureau of Labor Statistics recommends using the following formula to calculate the allowable percent price change:

(B-A) ÷ A x 100% = Percent of allowable price change; where:

A = Index from the month of the Bid due date or the effective date/month of the most recent approved price change; and B = Current or latest baseline index

Specify how frequently price adjustments may occur during the term of a contract: quarterly, annually, or another time period that best fits the commodity or service.

NOTE: THIS FORM MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE BID RESPONSE.

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EXHIBIT III

EXECUTION of OFFER

IFB 808-26-261446

1. By signature hereon, Respondent represents and warrants that the provisions in this Execution of Offer apply to Respondent and all of Respondent’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this IFB or any contract resulting from it.

2. By signature hereon, Respondent represents and warrants its intent to furnish the requested items at the prices quoted in its Offer.

3. By signature hereon, Respondent represents and warrants that its prices include all costs of Respondent in providing the requested items that meet all specifications of this IFB, and that its prices will remain firm for acceptance for a minimum of ninety (90) days from deadline for submission of Offer.

4. By signature hereon, Respondent represents and warrants that each employee, including replacement employees, will possess the qualifications, education, training, experience, and certifications necessary to perform the services in the manner required by this IFB.

5. By signature hereon, Respondent represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to THC under the IFB and any resulting contract, if any, and that Respondent’s provision of the requested items under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety.

6. By signature hereon, Respondent represents and warrants that, pursuant to Texas Government Code

§ 2155.003, it has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.

7. By signature hereon, Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Chapter 171, Texas Tax Code.

8. By signature hereon, Respondent hereby represents and warrants that, pursuant to 15 U.S.C. § 1, et seq. and

Texas Business and Commerce Code § 15.01, et seq., neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the Offer made to any competitor or any other person engaged in such line of business.

9. By signature hereon, Respondent represents and warrants that all statements and information prepared and submitted in response to this IFB are current, complete, and accurate.

10. By signature hereon, Respondent represents and warrants that the individual signing this document and the documents made part of this IFB and Offer is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Offer.

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11. By signature hereon, Respondent represents and warrants that if a Texas address is shown as the address of the

Respondent, Respondent qualifies as a Texas Respondent as defined in Texas Government Code § 2155.44.

12. Check the following if Respondent is claiming a preference under 34 Tex. Admin. Code § 20.306 or Subchapter

H, Chapter 2155, Texas Government Code:

• Goods produced or offered by a Texas Respondent that is owned by a Texas resident service-disabled veteran

• Goods produced in Texas or offered by a Texas Respondent not owned by a Texas resident service-disabled veteran

• Agricultural products grown in Texas

• Agricultural products offered by a Texas Respondent

• Services offered by a Texas Respondent that is owned by a Texas resident service-disabled veteran

• Services offered by a Texas Respondent that is not owned by a Texas resident service-disabled veteran

• Texas Vegetation Native to the Region

• USA produced supplies, materials, or equipment

• Products of persons with mental or physical disabilities

• Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

• Energy Efficient Products

• Rubberized asphalt paving material

• Recycled motor oil and lubricants

• Products produced at facilities located on formerly contaminated property

• Products and services from economically depressed or blighted areas

• Vendors that meet or exceed air quality standards

• Recycled or Reused Computer Equipment of Other Manufacturers

• Foods of Higher Nutritional Value

• Commercial production company or advertising agency located in Texas

13. By signature hereon, under Texas Family Code § 231.006, regarding child support, Respondent certifies that the individual or business named in the offer is not ineligible to receive the specified payment and acknowledges that the contract may be terminated, and payment may be withheld if this certification is inaccurate.

Furthermore, any Respondent subject to Texas Family Code § 231.006, must include the names and Social Security Numbers (SSNs) of each person with at least 25% ownership of the business entity submitting the offer. This information must be provided prior to the Award. Enter the Name and SSN for each person below:

Name: SSN:

Name: SSN:

Name: SSN:

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your SSN is required under Texas Family Code §§ 231.006(c) and .302(c)(2). 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 Texas Family Code § 231.302(e).

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14. By signature hereon, Respondent represents and warrants that no relationship, whether by relative, business associate, capital funding contract or by any other such kinship exist between Respondent and an employee of any THC component, and Respondent has not been an employee of any THC component within the immediate twelve (12) months prior to Respondent’s Offer. By signature hereon, Respondent certifies that it is in compliance with Texas Government Code § 669.003, relating to contracting with executive head of a state agency. Respondent must complete the following, marking N/A if not applicable:

Name of Former Executive:

Name of State Agency:

Separation Date from State Agency:

Position with Respondent:

Employment Date with Respondent:

All such disclosures will be subject to administrative review and approval prior to THC entering into any contract with Respondent. Respondent acknowledges that any contract resulting from this IFB may be terminated at any time, and payments withheld, if this information is false.

15. By signature hereon, pursuant to Texas Government Code § 2155.004(a), Respondent represents and warrants that neither it nor any person or entity which will participate financially in any contract resulting from this IFB has received compensation for participation in the preparation of specifications for this IFB. In addition, under Texas Government Code § 2155.004, Respondent certifies that the individual or business entity named in the Offer or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the contract may be terminated, and payment withheld if this certification is inaccurate.

16. By signature hereon, in accordance with Texas Government Code § 2155.4441, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

17. By signature hereon, Respondent represents and warrants that THC’s payments to Respondent and

Respondent’s receipt of appropriated or other funds under any contract resulting from this IFB are not prohibited by Texas Government Code §§ 556.005, .0055, or .008.

18. By signature hereon, Respondent represents and warrants that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.

19. Texas Government Code §§ 2155.006 and 2261.053 prohibit state agencies from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Texas Government Code § 418.004, occurring after September 24, 2005. Under Texas Government Code §§ 2155.006 and 2261.053, Respondent certifies that the individual or business entity named in its Offer is not ineligible to receive the specified contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

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20. By signature hereon, if Respondent is submitting an offer for the purchase or lease of computer equipment, then Respondent hereby certifies its compliance with Subchapter Y, Chapter 361, Texas Health and Safety Code, and the Texas Commission on Environmental Quality rules at 30 Tex. Admin. Code §§ 328.1 – .304.

21. By signature hereon, Respondent represents and warrants that it is not aware of and has received no notice of any court or governmental agency actions, proceedings, or investigations, etc., pending or threatened against Respondent or any of the individuals or entities included in this Section I within the five (5) calendar years immediately preceding the submission of Respondent’s Offer in response to this IFB that would or could impair Respondent’s performance under any contract resulting from this IFB, relate to the solicited or similar goods or services, or otherwise be relevant to THC’s consideration of Respondent’s Offer. If Respondent is unable to make the preceding representation and warranty, then Respondent instead represents and warrants that it has included as a detailed attachment in its Offer a complete disclosure of any such court or governmental agency actions, proceedings, or investigations, etc. that would or could impair Respondent’s performance under any contract resulting from this IFB, relate to the solicited or similar goods or services, or otherwise be relevant to THC’s consideration of Respondent’s Offer. In addition, Respondent represents and warrants that it shall notify THC in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update THC shall constitute breach of contract and may result in immediate termination of any contract resulting from this IFB.

22. By signature hereon, Respondent represents and warrants that it and each of its subcontractors have the requisite resources, qualifications, and independence to conduct the services free from outside direction, control, or influence, and subject only to the accomplishment of THC’s objectives.

23. By signature hereon, Respondent represents that neither Respondent nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, proposed in the Offer has been convicted of a felony criminal offense, or that if such a conviction has occurred Respondent has fully advised THC of the facts and circumstances in its Offer.

24. By signature hereon, Respondent represents and warrants that if selected for award of a contract as a result of this IFB, Respondent will submit to THC a Certificate of Interested Parties prior to contract award in accordance with Texas Government Code § 2252.908.

25. By signature hereon, Respondent represents and warrants that, pursuant to Texas Government Code

§ 2270.002, Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this IFB.

26. By signature hereon, Respondent represents and warrants that, Respondent certifies that: (i) is not a “Listed

Company” as identified by the Texas Comptroller of Public Accounts or the Texas Pension Review Board; (ii) is not engaged in “scrutinized business operations” as defined by Texas Government Code §§ 806.002 or 807.002;

and (iii) does not have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in Texas Government Code § 2251.151(2).

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27. By signature hereon, Respondent represents and warrants that it has read and agrees to all terms and conditions of this IFB, unless Respondent specifically takes an exception and offers an alternative provision in Respondent’s Offer to this IFB.

An authorized representative on behalf of Respondent must complete and sign the following:

Signature of Authorized Representative Date Signed

Printed Name & Title of Authorized Representative

E-mail Address

Entity Name (Respondent) Phone Number Fax Number

Federal Employer Identification Number DUNS Number

Physical Street Address City, State, Zip Code

Mailing Address, if different City, State, Zip Code

NOTE: THIS FORM MUST BE COMPLETED, SIGNED, AND RETURNED WITH BID SUBMITTAL.

THC IFB No. 808-26-261446 Page 22 of 34

EXHIBIT IV

CONFLICT of INTEREST/DISCLOSURE STATEMENT

A. Disclosures. Provide the requested information in the space provided; indicate N/A as appropriate.

• Respondent must disclose any proposed personnel who are current or recent former employees of THC or the State of Texas.

• Respondent must disclose the following:

o Any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to Respondent’s and its proposed subcontractors’ submission of an Offer, possible selection as Successful Respondent, or its performance of the contract.

o All past and present contractual, business, financial, or personal relationships between Respondent and THC and between Respondent’s proposed subcontractors, if any, and THC.

For each item, Respondent must also provide a detailed explanation of why Respondent does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Respondent’s submission of an Offer, possible selection as the Successful Respondent, or its contract performance.

B. Defined Terms. For purposes of the disclosure statements required by this solicitation, refer to the following defined terms:

• Past is defined as within the two (2) calendar years prior to the deadline for submission of offers in response to this solicitation.

• Recent former employees are defined as those THC employees who have terminated agency employment within the two (2) calendar years prior to the deadline for submission of offers in response to this solicitation.

• Personal relationship is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this solicitation. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity; see Chapter 573, Texas Government Code, which defines these degrees of consanguinity and affinity.

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Connections other than such family relationships fall within this definition and must be disclosed if:

o A reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of the Respondent’s responsibilities to THC or the State of Texas under the contract.

o A reasonable person could expect the connection, within the overall context of Respondent’s submission of a Bid, possible selection as successful Respondent or its performance of the contract, to create an issue for the agency’s consideration relative to a potential appearance of impropriety or conflict of interest.

o A relationship is with a THC or other State of Texas employee with authority to…