ESBD_512934_1778013654921_TMD26-FMO-0043128 IFB v7 SB.doc FINAL.pdf

TEXAS MILITARY DEPARTMENT

SOLICITATION

NIGP Code 031-17 Coils: Chilled or Heated Water, and Direct Expansion

031-25 Thermostats, Air Conditioning and Heating 031-51 Furnaces, Central Heating Type (Forced Air, Gas Fired) 910-36 Heating, Air Conditioning, and Ventilation Maintenance, Repair and Installation Services 914-50 Heating, Ventilating and Air Conditioning (HVAC) (General Construction Services)

SOLICITATION NO.

TMD26-FMO-0043128

TYPE OF SOLICITATION

INVITATION FOR BID (IFB)

DATE ISSUED

05/05/2026

INVITATION FOR BIDS (IFB) – Split System Replacement Respondents must submit their responses via email to:

procurement@military.texas.gov no later than 2:00 P.M. CT on 04/24/2026

FOR INFORMATION CONTACT:

Serlester Boone, CTCD, CTCM Contract Administrator

PHONE: (512) 782-5344

EMAIL: Procurement@military.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

Respondent acknowledges receipt of solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF Respondent:

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Respondent represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. TMD may pursue and enforce any available remedies against the Respondent for making false statements, including disqualifying the Respondent’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, and FUNDING The initial contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires one (1) year from that effective date.

If necessary, at the end of the last optional renewal period, TMD may also extend the Contract as described in the terms and conditions section entitled “Option to Extend Services.”

TMD will not allow changes after Date of Award to terms or pricing during either the initial term of the Contract or any optional renewal period. The continuation of the Contract for any period is subject to the availability of TMD’s funding source for the Contract.

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ANTICIPATED SCHEDULE OF EVENTS

TMD currently anticipates that the selection of successful Respondents and award of the contract, if any, will proceed according to the following schedule:

Date Time CST Event

05/05/2026 Solicitation Posted to ESBD

05/13/2026 10:00 AM CT

Site Visit is located at 1775 California Crossing Road, Dallas, TX 75220 Point of Contact is Brian Gary 512-915-3334.

or

05/14/2026 10:00 AM CT Site Visit is located at 1775 California Crossing Road, Dallas, TX 75220 Point of Contact is Brian Gary 512-915-3334

05/20/2026 2:00 PM Last day to submit written questions for clarification to TMD

05/27/2026 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

06/01/2026 2:00 PM Deadline for TMD to receive Bids

NOTE: Respondents are required to attend a minimum of one (1) site visit to maintain eligibility for award. Respondents may attend both site visits to gain better understanding of the project’s requirements.

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SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform ... Error! Bookmark not defined.

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.3.2 Payment Adjustment B.3.3 Late Payment B.3.4 Deductions for Unacceptable Compliance B.3.5 Withholding of Payment B.3.6 Debts and Delinquencies B.3.7 Right to Offset

B.4 MANDATORY PRICING SCHEDULE

B.4.1 Contract Term Pricing

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 SPECIFICATIONS and Statement of Work

C.3 DELIVERY

C.4 DELIVERABLES

C.5 ACCEPTANCE CRITERIA

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator C.6.2 TMD’s Contract Monitor

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

C.9 Bonds REQUIRED UNDER THE CONTRACT C.10 Service Call Response Time

C.14 UNIFORM GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS

C.15 Criminal History Background Check C.16Compliance with All Laws…………………………………………………………………………….19

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information E.8.2 Volume Two – Information Section E.8.3 Volume Three – Cost and Pricing Response

E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE Texas public information act

E.12 ANTICIPATED SCHEDULE OF EVENTS

E.13 SITE VISTS

SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF EXHIBITS

BY NUMBER AND TITLE

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SECTION A—DEFINITIONS

The following terms and acronyms used in this solicitation have the meanings given in this section unless the context indicates otherwise.

“Bid” means the Respondent’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

“Respondent” means the individual, business entity, or organization that submits a response in reply to this solicitation with intent to contract with TMD.

“Business Days” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“Contract” means this formal, written, and legally enforceable agreement between TMD and Contractor.

“Contractor” means the individual, business or other entity awarded the Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“Fiscal Year” means any of the one (1) year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and TMD.

“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Texas Government Code Ch. 437.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. TMD seeks and Contractor will provide the commodities or services described in Section C, Specifications on a no minimum, as needed, as requested basis. Pricing is firm fixed price for the split system replacement services requested and authorized by TMD as provided under the Contract. Respondent must price the response on this basis.

B. The Contractor must deliver and provide the split system replacement services in compliance with all requirements of the Contract with such payment to be processed by TMD after TMD’s receipt, testing and acceptance of the split system replacement services.

C. Respondent must submit a response that include all costs, fees, licenses, and expenses for the

Contractor’s delivery of the split system replacement services and performance under the Contract and will represent the Contractor’s sole compensation under the Contract. No minimum compensation is guaranteed under the Contract. No payments may be approved or made prior to TMD’s acceptance as provided in the Contract.

D. TMD reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of TMD and to reject any and all items bid at the sole discretion of TMD. TMD also reserves the right to accept or reject all or any part of any response, waive minor technicalities and award the response to best serve the interests of TMD.

E. Catalogs, 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 unless advertised under Texas Government Code § 2155.067. If a Respondent believes it can satisfy these specifications, it should bid its goods or services and explain how the specifications will be adequately met.

F. If bidding on specifications other than those stated within this solicitation, bid should show the manufacturer, brand, or trade name, and other description of product offered. If other than brand(s) specified is offered, specifications, illustrations, and complete descriptions of product offered must be included with bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, model numbers, etc.

G. Unless otherwise specified, all items bids must be new and unused and of current production.

H. All electrical items must meet all applicable Occupational Safety and Health Administration

(OSHA) standards and regulations and bear the appropriate listing from Underwriters Laboratories (UL), Factory Mutual Research Corporation (FMRC), or National Electrical Manufacturers Association (NEMA).

I. Consistent and continued tie bidding may cause rejection of bids by TMD and investigation for anti-trust violations.

B.2 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay the Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify

Page 7 of 26 Approved 10/16/2021 the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

A. Contractor’s invoice must include the following:

1. the Contract number or Purchase Order number;

2. remittance address; and

3. any prompt payment discount offered.

B. The Contractor must send an email with the invoice copy to Payables@military.texas.gov and to the Contract Monitor (if applicable).

An original, hard-copy invoice, if required, will be submitted to the office designated below:

Texas Military Department (TMD)

Attn: Accounts Payable Department P.O. Box 5218, Building 11 Austin, Texas 78763-5218

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not mail the invoice to the appropriate addresses identified in this section.

B.3 PAYMENTS

A. TMD recommends that the Contractor receive payments by electronic funds transfer

(EFT), also known as direct deposit. If the Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Reference Attachment G.1 Direct Deposit Authorization Form 74-176 (Rev.9- 2121)).

B. Regardless as to whether Direct Deposit is chosen, Respondent must submit a completed Texas Application for Payee Identification Number (Exhibit G.2) to the following address:

Texas Military Department (TMD) Attn: Accounts Payable Department

P.O. Box 5218, Building 11 Austin, Texas 78763-5218

Reference: Contractor Set-up for Solicitation TMD26-FMO-0043128 Notes: Contact Serlester Boone 512-782-5344 or Procurement@military.texas.gov

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization Form to TMD for another separate contract, another form is not required to be submitted.

B.3.1 Billing and Payment A. Invoice Submission: The Contractor shall submit an accurate invoice for the California

Crossing HVAC Split System Replacement only after:

Invoices must comply with the requirements of Section B.2 – Invoicing Standards of the Contract. TMD will notify the Contractor within 20 calendar days if the invoice is deemed inaccurate.

B. Payment Terms: Texas Government Code Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

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C. Disputed Items: If TMD, for any reason, including lack of supporting documentation, disputes any items in any invoices submitted by Contractor, TMD will place a hold on the disputed items and may pay the remaining amount of the invoice. TMD will timely notify the Contractor of the dispute and request clarification or remedial action.

D. Resolution of Disputes: If the dispute is resolved in Contractor’s favor, TMD will pay the remaining portion of the original invoice in accordance with the Prompt Payment Act. If the dispute is resolved in TMD’s favor, the Contractor must resubmit an invoice reflecting all corrections.

B.3.2 Payment Adjustment A. TMD may elect to deduct from the Contractor payment as specified in this section or any amount specified in or any money determined to be due as specified in the Contract.

B. If it is determined that the remaining amount of the Contractor’s payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld and an invoice issued to the Contractor for the remaining amount due.

C. The Contractor must pay the invoiced amount within 30 days of receipt unless the Contractor and TMD mutually agree on an alternative payment method.

B.3.3 Late Payment Any amount owed to the Contractor more than one (1) day beyond the date such amount is due as described in this section will accrue interest each day that such amount is not paid at the rate specified by Texas Government Code § 2251.025, provided; however, that this provision will not excuse failure by TMD to make payment in strict accordance with the Contract.

B.3.4 Deductions for Unacceptable Compliance If the Contractor fails to comply with the terms of the Contract, TMD may withhold the Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from the Contractor’s payment.

B.3.5 Withholding of Payment A. TMD will have the right to withhold the Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract

Compliance Reports and Data required from the Contractor;

2. Failure to comply with background check or security requirements;

3. Failure to respond to audit reports; and

4. Failure to correct identified areas of non-compliance to the satisfaction of TMD within ten days upon receipt of written notification.

B. TMD will not pay interest to Contractor for monies so withheld.

C. The Contractor’s withheld payment will be released upon TMD’s satisfaction that compliance has been achieved for 30 consecutive days.

D. In the event that money is due to TMD for the Contractor’s failure to provide adequate maintenance or replacement of the property as required in the Contract, the amount required for TMD to correct deficiencies and replace property will be withheld from the final payment.

E. With the exception of disputed issues, such withholding of final payment by TMD will not exceed 120 days from date of the Contract’s termination.

B.3.6 Debts and Delinquencies TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and

Page 9 of 26 Approved 10/16/2021 understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. The Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.3.7 Right to Offset In the event TMD determines that the Contractor owes money to TMD under any contract or purchase order, TMD, upon providing the Contractor with written notice of its intent to offset, will have the right to withhold monies due to the Contractor with respect to the Contract or with respect to any other contract or purchase order with TMD and apply such monies to the money due to TMD.

B.4 MANDATORY PRICING SCHEDULE

B.4.1 Contract Term Pricing The Respondent must submit its bid price within the Pricing Table located in Exhibit G.4, replicating, as necessary, in its exact format.

Bid prices must be submitted to the Mandatory Pricing Schedule. Respondents will show price per unit. Unit prices will govern in the event of extension errors. If a price quotation is submitted as part of Bid, the quotation must be referenced in the response and signed by Respondent to establish formal linkage to the Bid.

Prices bid is firm throughout the term of the Contract. “Discount from List” bid pricing is not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

The Texas Military Department (TMD) is seeking a Contractor to remove three existing twined 5-ton split HVAC systems and the installation of three (3) new non-twined single 5 (five)-ton split systems.

The objective is to improve system efficiency, reliability, and maintain compliance with current codes and standards while ensuring uninterrupted facility operations. The Contractor shall perform all work in accordance with applicable local, state, and federal regulations, manufacturer requirements, and TMD policies. The scope includes safe removal and disposal of existing equipment, installation of new systems, necessary ductwork modifications, electrical and gas connections, and full system commissioning. All work must be executed with attention to safety, quality, and minimal disruption to facility operations. This job will be at the California Crossing Readiness Center located at 1775 California Crossing Road, Dallas, Texas 75220.

C.2 SPECIFICATIONS AND SCOPE OF WORK

a. Split System Replacement Installation: Contractor shall remove existing twined 5-ton split

HVAC systems and provide and install (3) three new non-twined single 5-ton split systems at the California Crossing Readiness Center, manufacturer specifications.

b. The Contractor shall isolate, lock out, and tag all electrical and gas services.

c. The Contractor shall test all installed equipment to ensure proper functionality.

d. The Contractor shall complete removal of mechanical, gas, electrical, and control components.

e. The Contractor shall recover and properly dispose of all existing refrigerants in accordance with EPA regulations.

f. Cleanup: The Contractor shall remove debris and packaging; leave work areas broom clean.

g. The Contractor shall disconnect and remove existing twined gas furnaces, existing roof-mounted condenser units, associated controls, vent piping, and condensate drains.

h. The Contractor shall provide and install three (3) new non-twined, single 5-ton-split HVAC systems, consisting of: condensing units Nominal Capacity: 5 tons each. Replacing two (2) Goodman Air Conditioning Condenser Model: GSC130603CC, One (1) Rheem Air Conditioning Condenser Model: RA1360AC1NB, and HVAC Indoor Coil (Evaporator Coil) Model: RCHA‑36A1GH17BI

i. Minimum Efficiency:

j. SEER2 ≥ 14.3

k. EER2 ≥ 11.7

l. Refrigerant: R-410A or EPA-approved equivalent, compliant with current regulations

m. Contractor shall install at existing roof locations with code-compliant mounting, vibration isolation, and weatherproofing

n. The Contractor shall perform full system startup, testing, and commissioning

o. Modification of ductwork and associated utilities

1. Furnaces

2. Gas-fired, matched to 5-ton systems

3. Minimum Efficiency: 80% AFUE

4. Category I, non-condensing

5. Venting per manufacturer, IFGC, and local AHJ requirements

6. Ductwork & Air Distribution

7. Modify and reconnect ductwork for conversion from twined to single furnaces

8. Ensure proper airflow, static pressure, and system performance

9. Provide transitions, plenums, supports, sealing, and balancing

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10. Refrigerant Piping

11. Inspect and pressure test existing line sets

12. Reuse only if compatible; replace failing sets at no additional cost

13. All piping shall be brazed, pressure tested, evacuated, and charged per manufacturer specs

14. Electrical

15. Reconnect electrical services to new equipment

16. Verify panel capacity

17. Provide new disconnects as required

18. Comply with NEC, local codes, and manufacturer requirements

19. Gas Piping

20. Reconnect gas piping to new furnaces

21. Include gas pressure testing, new shutoff valves, and sediment traps

22. Comply with IFGC and local AHJ requirements

23. Controls

24. Install new programmable thermostats for each system

25. Support heating/cooling scheduling and setback control

26. BAS integration not required unless directed by Owner

27. Condensate & Venting

28. Reconnect or replace condensate drains

29. Ensure positive drainage and code-compliant termination

30. Install vent piping per manufacturer and code requirements

31. Startup, Testing & Commissioning

32. Refrigerant leak testing

33. Evacuation and charging per manufacturer specs

34. Heating and cooling operational testing

35. Verification of airflow, gas pressure, and electrical performance

36. Submit written documentation prior to final acceptance

37. Roof-Mounted Equipment Requirements

38. Coordinate roof access

39. Provide rigging and lifting

40. Protect roof surfaces

41. Weatherproof all penetrations

42. Reuse existing roof locations: no structural modifications included

43. Exclusions

44. Structural modifications

45. Asbestos or hazardous material abatement

46. BAS integration beyond thermostats

47. Utility upgrades beyond existing connections

48. Pricing & Changes

49. Lumpsum, all-inclusive bid

50. Taxes identified separately

51. Changes only via written change order

52. Warranty

53. Manufacturer’s equipment warranty

54. Minimum one-year labor warranty

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C.3 DELIVERY

“This is a turn-key project. The Contractor shall provide all labor, materials, equipment, and services necessary to deliver a fully completed installation as specified in the Scope of Work.”

C.4 DELIVERABLES

a. Removal and disposal documentation: Proof of proper refrigerant recovery and disposal in compliance with EPA regulations. Confirmation of legal disposal of all removed equipment.

b. Installed HVAC systems: Three fully operational non-twined 5-ton split HVAC systems, including: roof-mounted condensing units, gas-fired furnaces, modified ductwork and transitions, electrical gas connections, and refrigerant piping and charging.

c. Controls and Accessories: Programmable thermostats installed and configured to each system.

d. Startup and Commissioning Report: Documentation of, refrigerant leak testing, evacuation and charging per manufacturer specifications, heating and cooling operations test, verification of airflow, gas pressure, and electrical performance.

e. Site cleanup completed; debris removed.

C.5 ACCEPTANCE CRITERIA

a. Written confirmation of completion. As-built drawings (if ductwork modifications were performed).

b. All required permits and inspection approvals.

c. 1-year warranty on labor/workmanship.

d. Manufacturer’s warranty on equipment.

e. Contractor responsible for defects during warranty period.

f. Warranty: Contractor shall provide a one-year warranty on labor and workmanship, in addition to the manufacturer’s warranty on all installed equipment. Contractor is responsible for correcting any defects during the warranty period.

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Serlester Boone.

B. The telephone number for the Contract Administrator is 512-782-5344.

C. The email address is Procurement@military.texas.gov.

The Contract Administrator is responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

If TMD and Contractor agree to amend the Contract, TMD will issue a written Amendment or Purchase Order Change Notice (POCN).

C.6.2 TMD’s Contract Monitor A. The Contract Monitor for the Contract is Raphael Oosterhius.

B. The telephone number for the Contract Monitor is 512-782-5500.

C. The email address is raphael.a.oosterhuis.nfg@army.mil.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of TMD or the State of Texas.

The Contract Monitor does not have the authority to alter Contractor’s obligations or to amend the Contract in any way.

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The following are recognized federal holidays. Contractor must not perform services on these days:

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

In its response, Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified. Respondent should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its response. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five (5) business days of Notice of Award or Purchase Order, to provide TMD with current certificates of insurance or other proof acceptable to TMD.

Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award. Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate Workers’ Compensation Statutory Limits for the State of Texas or for any state Contractor’s employee resides in 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

Commercial General Liability (occurrence based)

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 $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-Owned Vehicles

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

Umbrella/Excess Liability $1,000,000 Per Occurrence Commercial Crime $50,000 Each Occurrence

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All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of “A” or better from A.M. Best Company, Inc.

All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance contracts must:

(1) be written on a primary and non-contributory basis with any other insurance coverages Respondent currently has in place; and

(2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers’ compensation and professional liability must name the Texas Military Department as additional insured.

Contractor shall:

A. provide written documentation under this section to the Contract Administrator by email at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy.

B. 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

C. deliver all renewals policies at least ten calendar days prior to any expiration of a required policy to Contract Administrator by emails. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

D. 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 the Contractor’s obligations under the Contract.

E. obtain and maintain insurance policies that provide coverage for Contractor’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under the Contract.

C.9 BONDS REQUIRED UNDER THE CONTRACT

Bonds will be required from Contractor before commencing any work as follows:

A. For a contract in excess of $25,000.00 a payment bond will be executed in the amount of the contract, solely for the protection of all claimants supplying labor and material.

B. Any bids submitted will include the cost of any applicable bond. Costs will be included in the base Bid and will not be itemized separately.

If a bond is required, Respondent will be notified by mail. The bond must be received by TMD within ten calendar days and must reference the solicitation number. A purchase order will not be issued until the bond is received and no work will begin until the Contractor is notified.

C.10 SERVICE CALL RESPONSE TIME

Response time will vary depending upon the complexity and/or location of the service. After receiving a call for service, the Contractor must have a technician on-site within the specified time requirements for the following types of service calls:

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a) SERVICE CALLS DURING REGULAR WORK HOURS (8:00 a.m. to 5:00 p.m.): Within four (4) hour(s) of notification.

b) SERVICE CALLS OUTSIDE REGULAR HOURS: Within six (6) hour of notification.

c) EMERGENCY SERVICE CALLS DURING REGULAR WORK HOUR (8:00 a.m. to 5:00 p.m.):

Response time to emergency call-backs during regular business hours will be within two (2) hours. TMD will identify emergency calls at time of notification.

d) EMERGENCY SERVICE CALLS OUTSIDE REGULAR HOURS: Within two (2) hour(s) of notification.

An emergency call will be identified as any conditions that can potentially impact the health, safety and welfare of TMD’ employees and the public. TMD will identify emergency calls at time of notification.

C.11 WARRANTY CALL RESPONSE TIME

TMD requires the Contractor to respond to any warranty call concerning this project within a 48-hour time period. For any warranty call issued, the Contractor will have _3 weeks to replace defective products after receipt of notification by TMD that a warranty issue exists. This should be dependent on the availability of equipment and should stay in contact with TMD facilities with updates concerning the availability.

C.12 RETAINAGE

TMD reserves the right to withhold 10% retainage from final payment until all work is accepted by

TMD and warranty or equipment operation and maintenance documents are in hand (if applicable).

This includes required original Contractor provided installation letters on its letterhead, applicable material manufacturer industry standard warranties, any equipment operation and maintenance manuals, or other project inclusive documentation for the respective trades associated with this project.

C.13 WAGE RATES

TMD is the contracting agency for this state-funded project. The following statute requires any contracting agency to specify the generally prevailing rate of wages in contracts that are bid.

a) Texas Government Code § 2258. Prevailing wage rates are pursuant to the requirements of this statute.

If applicable, TMD has ascertained the attached rates located in Attachment J are paid to various classifications of workers in the locality of this project.

b) The hourly rate for legal holiday and overtime work will be not less than 1½ times the base hourly rate.

A contractor or subcontractor who violates this section must pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. The Texas Government Code § 2258 prevailing wage rate can be viewed at the following: http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2258.htm.

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C.14 UNIFORM GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS

The Contract incorporates by reference the Texas Facilities Commission’s Uniform General

Conditions (UGC) in its current version and as may be subsequently amended. The UGC may be viewed at http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/.

C.15 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by TMD at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete TMD’s Vendor Background Information form (XX-XX), which will be provided by TMD. This requirement is not applicable if they are TDLR (Texas Department of Licensing and Regulation) registered technicians, so no background check is required if this standard is met.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed TMD’s fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a TMD security clearance to work on the Contract. TMD has the right to prevent Contractor’s personnel from gaining access to TMD’s building(s) and computer systems if TMD determines that such personnel do not pass the background check or fail to otherwise maintain TMD security clearance.

C. When required, the Contractor’s Project Manager will provide the following to TMD’s Project Manager within seven (7) days of executing the Contract:

1. Acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, TMD may require Contractor personnel to submit to an annual TMD fingerprint-based Criminal History Background Investigation to TMD.

E. Throughout the term of the Contract, Contractor will promptly notify TMD of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

C.16 Compliance with All Laws (HVAC Contractor Requirements)

A. The Contractor shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification, or certification required by statute, ordinance, law, or regulation to perform HVAC installation, repair, maintenance, or related mechanical services under this Contract. The Contractor is responsible for paying all taxes, assessments, fees, premiums, permits, and licenses required by law. The Contractor shall ensure that any such obligations not paid by its Subcontractors during the performance of this Contract are satisfied. As part of delivering the HVAC Services, the Contractor shall familiarize itself with and always provide all required notices and observe and comply with all applicable Laws and Regulations of all Governmental Authorities that in any manner affect HVAC work or performance under this Contract. Contractor must ensure all HVAC work is performed by technicians holding the required licenses/registrations under applicable state law and local ordinance.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

Contractor must submit the reports and all additional Contractor documentation requirements in this section during the course of the Contract. These deliverables may be revised, or additional ones may be required at TMD’s sole discretion.

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO RECEIVE

REPORT

Other

Prior to Execution of Contract and upon renewal or replacement

Insurance Requirements IFB, Section C.8

Contract Administrator Procurement@military.texas.gov

State Frequency Upon Completion Invoicing – Specific to the Contract IFB Section B.2 Payables@military.texas.gov with a copy to Contract Monitor

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

Purpose of Instructions A. These instructions are designed to ensure the submission of information essential to the understanding and the comprehensive evaluation of Respondent’s response.

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

Submission of responses A. Responses must be received by TMD no later than the deadline established and submitted to:

Texas Military Department Procurement and Contract Services Procurement@military.texas.gov Solicitation No. TMD26-FMO-0043128

B. Respondent must demonstrate that Respondent’s operations conform to applicable TMD, state, and federal policies and standards.

Respondent must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, including Respondent’s policies, procedures, and post orders for which no deviation to TMD Policy is being requested, and other similar documents will not be submitted.

E.2 AMENDMENTS TO THE SOLICITATION

A. If this solicitation is amended all terms and conditions which are not modified remain unchanged.

B. Respondents must acknowledge receipt of all amendment(s) to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

C. Respondent must submit the acknowledgement to TMD by the time specified for receipt of responses.

D. Failure to acknowledge amendment(s) by Respondent may subject its response to rejection.

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Responses will be emailed and time stamped at the designated in the solicitation on or before the date and time specified in this solicitation.

B. Any response received at the designated location after the specified date and time will not be considered.

C. Responses cannot be altered, amended or modified by email, fax or otherwise after closing date and time.

D. Alterations made before closing time will be initialed by Respondent or its authorized representative.

E. No responses can be withdrawn after closing date and time without approval by TMD. Should a Respondent, after closing time, request its response be withdrawn, the request must be made in writing.

F. TMD is not responsible for submissions delivered to TMD after the date and time stated on the first page of this solicitation. This includes delays associated with courier delivery services. It is the Respondent’s responsibility to ensure that it submits, and that TMD receives, its complete response timely. TMD recommends that Respondent submit their complete response well in advance of the due date and time stated on the first page of this solicitation.

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G. TMD takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMD anti-virus or other security software.

E.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one (1) general partner or in the firm name by an attorney-in-fact.

B. Responses signed by an attorney-in-fact, will include a Power of Attorney evidencing the authority to sign response, dated and executed by all partners in the firm.

C. Responses from a corporation will have the correct legal corporate name and the signature of an authorized officer of the corporation.

D. The title of office held by the person signing for the corporation will appear below the signature of the officer.

E. Responses from an individual doing business under a firm or fictitious name will be signed in the same name of the individual doing business under the proper firm’s name.

F. Joint venture responses will be signed by all members or by a member of the joint venture if there is attached to the response a copy of the joint venture agreement evidence that the response is signed by the member with authority to bind the joint venture.

E.5 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 120 days after the solicitation opening date and will constitute an irrevocable response to TMD for the 120-day period.

B. Such period may be extended beyond the 120 days upon mutual written agreement of both parties.

E.6 CONTRACT AWARD

A. TMD may award one (1) Contract resulting from this solicitation to the responsible Respondent, whose response, is lowest price meeting specifications.

B. A purchase order mailed or otherwise furnished to successful Respondent(s) within the time for acceptance specified in the response will result in a binding Contract without further action by either party.

E.7 TMD’S RIGHTS

A. TMD reserves the right to waive, change, add or delete any terms or conditions of this solicitation.

B. TMD may:

1. reject any or all responses if such action is in the public interest;

2. accept other than the lowest priced response; and

3. waive minor informalities and minor irregularities in responses received.

C. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude TMD from asserting all rights against the Respondent for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. TMD reserves the right to make any corrections or include additional requirements in the resulting Contract prior to issuance which are necessary for TMD’s compliance, as an agency of the State of Texas, with all state and federal requirements. TMD reserves the right to disqualify any response which asserts any copyright on any TMD-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

D. TMD reserves the right to reject anyone (1) response or all responses or portions of responses submitted in response to this solicitation.

E. The submission of a response has the effect of waiving proprietary rights or confidentiality.

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F. All responses and any content provided by the Respondent are considered the property of TMD for use for the life of any resulting Contract as determined by TMD with respect to the scope of the project.

G. TMD is not liable for any costs or damages that may be incurred by Respondents or prospective contractors in the preparation, formulation, or presentation of a response.

H. In case of ambiguity or lack of clarity, TMD may adopt such interpretations as may be advantageous to TMD.

I. TMD reserves the right to withdraw this solicitation at any time for any reason.

J. TMD reserves the right to award no Contract and to solicit additional responses at a later time.

K. TMD incurs no obligation regarding this solicitation unless and until a Contract is fully executed by the parties. However, all responses received by TMD will remain confidential until the evaluation process is complete.

L. TMD will not hold a public bid opening event.

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information This section will contain the following completed contract sections (on original forms) with original signatures, where applicable:

A. Solicitation, Page 1 (with amendment(s) noted on this page or signed amendment(s) attached to this form);

B. Information and Certifications Form;

C. The name and address of Respondent’s insurance carrier(s), along with a statement of liability from the carrier(s) issuing the policies saying that such policies are available to Respondent.

For the purpose of responding to this solicitation, Respondent will not be required to purchase insurance but must show the ability to provide such insurance as specified in the section entitled “Insurance Requirements,” if Respondent’s response is selected.

D. Proof of HVAC Licensing/Certification: Copies of all licenses, registrations, and certifications required to perform HVAC work for the jurisdiction(s) where services will be performed (e.g., contractor license and technician registrations), including any applicable city permits/authorizations. Expiration dates must be valid through the anticipated performance period.

E. A Redacted Solicitation and Contract response if applicable;

F. Exhibit G.1, Direct Deposit Authorization Form, completed if choosing direct deposit as a possible payment option;

G. Exhibit G.2, Application for Taxpayer Identification Number;

H. Documentation from the appropriate state entity that indicates that Respondent is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts); and

E.8.2 Volume Two – Information Section A. Cover Page: List name and address of Respondent, date of response, solicitation identifier, and signature of authorized official.

B. Information Sheet: Including all information required of Respondent and any subcontractors.

1. Name and address (including telephone number) of Respondent and all subcontractors.

2. Business form of Respondent and its subcontractors (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

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C. Organizational, biographical, and Financial Rating and solvency information for the Respondent and all third-party / subcontractors proposed to fulfill service requirements.

D. The Respondent must specifically address, within its response, for information as detailed throughout this solicitation. TMD has endeavored to include a complete listing of such submittal requests; however, in the event TMD omitted a requirement, Respondent is responsible for ensuring that all such information is included within its response.

1. B.4 Pricing Schedule

2. C.8 Insurance

3. All required submittals under Section E.8.1, Contract Forms and Required response

Information and Section E.8.2, Information Section.

E. Exceptions. No exceptions should be included in response. Bids received that take any exceptions to this solicitation will be disqualified and deemed non-responsive to the solicitation and TMD will remove the bid from further consideration.

E.8.3 Volume Three – Cost and Pricing Response Respondents must provide updated pricing schedules in the exact format noted in Section B.4 of this solicitation.

E.9 DISCUSSION AND CORRESPONDENCE

A. All communications and questions concerning this solicitation, including any of a technical nature, will be made in writing only to:

Serlester Boone, CTCD, CTCM, Contract Administrator

TMD

Procurement and Contract Services

P.O. BOX 5218

Austin, Texas 78763-5218 Email: Procurement@military.texas.gov

B. Written responses to the questions will then be provided to all parties requesting copies of this solicitation through TMD’s Procurement and Contract Services.

C. Respondents should rely only on the written information provided in this manner.

Respondents are specifically cautioned against relying on any oral information.

D. All Respondents are specifically barred from making contact with any TMD personnel involved in this solicitation for the purpose of discussing its responses.

E. Respondent may; however, seek clarifications of the solicitation through the written process described above.

F. Respondent is reminded that 03/27/2026 at 2:00 P.M. Central Time is the last day to submit written questions for clarification by TMD.

G. Unauthorized contacts with TMD personnel by any Respondent may result in Respondent’s response being rejected in its entirety.

E.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

TMD is a governmental body subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552. The response and other information submitted to TMD by Respondent are subject to release as public information by TMD. The response and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

If it is necessary for Respondent to include proprietary or otherwise confidential information in its response or other submitted information, Respondent must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket

Page 23 of 26 Approved 10/16/2021 claim that the entire response is protected from disclosure because it contains some proprietary information is not acceptable and will make the entire response subject to release under the PIA.

In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the response that are considered by Respondent to be proprietary or confidential must be clearly…